Fairfield Connecticut Building Expert Directory

DE Confirms Robust D&O Protection Despite Company Demise

February 18, 2015 — James Yoder, Michael Onufrak and Siobhan Cole – White and Williams LLP
On Feb. 5, 2015, the United States Bankruptcy Court for the District of Delaware, per Judge Brendan L. Shannon, entered proposed findings of fact and conclusions of law in favor of the former president and CEO of Ultimate Escapes Inc., James M. Tousignant, and its chairman, Richard Keith, after determining that Tousignant’s actions in negotiating and executing a controversial asset purchase agreement were protected by the business judgment rule, despite the demise of the company a short time later. The failure of a business strategy, in and of itself, does not create liability on the part of the former directors and officers of a bankrupt company. Background Ultimate Escapes was a luxury destination club that provided its members with access to high-end vacation residences around the world. Unfortunately, Ultimate Escapes’ business suffered greatly from the economic downturn that began in 2008, and on Sept. 20, 2010, Ultimate Escapes filed voluntary petitions for relief pursuant to Chapter 11 of the Bankruptcy Code. Reprinted courtesy of White and Williams LLP attorneys James Yoder, Michael Onufrak and Siobhan Cole Mr. Yoder may be contacted at yoderj@whiteandwilliams.com Mr. Onufrak may be contacted at onufrakm@whiteandwilliams.com Ms. Cole may be contacted at coles@whiteandwilliams.com Read the court decision
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Construction Lien Waiver Provisions Contractors Should Be Using

January 06, 2020 — Jason Lambert - Construction Executive
It is common in construction for a subcontractor or material supplier of any tier to be required to provide a lien waiver when receiving payment. But not all lien waivers are created equal. While at a minimum, a lien waiver, by definition, needs to include a release of liens, it can also include many other terms that can tie up loose ends or resolve potential problems before they begin. Additional Releases A typical lien release is going to release any liens and right to claim liens on the subject property. But a lien waiver can also include releases of any claims against surety bonds, other statutory rights or claims, and at its broadest, claims against the paying party. One example of a provision that could help accomplish this is a release of “any right arising from a payment bond that complies with a state or federal statute, any common law payment bond right, any claim for payment, and any rights under any similar ordinance, rule, or statute related to claim or payment rights.” Broad release language can also be used to effectively preclude any claims arising prior to the date of the release. Payment Representations and Warranties A typical lien release has no representations or warranties about payment to subcontractors or material suppliers of a lower tier. But contractors can include language requiring the company receiving payment to represent and warrant that all subcontractors of a lower tier have been paid or will be paid within a certain timeframe using the funds provided and that these are material representations and inducements into providing payment. On a related note, if the contract requires subcontractors to provide lien releases from lower tier subcontractors in addition to their own release when seeking payment, contractors can require the sub-subcontractor releases to include representations that they have been paid by the subcontractor to try and tie up payment loose ends all around. Reprinted courtesy of Jason Lambert, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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Mr. Lambert may be contacted at jason.lambert@nelsonmullins.com

August Home Prices in 20 U.S. Cities Appreciate at Faster Pace

October 28, 2015 — Victoria Stilwell – Bloomberg
Home prices in 20 U.S. cities rose at a faster pace in the year ended August, a sign the industry continues to strengthen on improving demand. The S&P/Case-Shiller index of property values climbed 5.1 percent from August 2014 after rising 4.9 percent in the year ended in July, the group said Tuesday in New York. The gain was the biggest in a year and matched the median forecast of economists surveyed by Bloomberg. Nationally, prices increased 4.7 percent after a 4.6 percent advance in the 12 months through July. A tight supply has supported price appreciation, which may in turn entice more owners to put their properties on the market as the payoff grows. More homes that are affordable for first-time or young buyers will be needed to keep the housing recovery on track, providing a boost to consumer spending in the process. Read the court decision
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Reprinted courtesy of Victoria Stilwell, Bloomberg

General Contractor’s Professional Malpractice/Negligence Claim Against Design Professional

November 30, 2017 — David Adelstein - Florida Construction Legal Updates
A recent case supports a professional malpractice (negligence) claim by a general contractor against a design professional by reversing a trial court’s entry of summary judgment in favor of the design professional and finding a question of fact remained as to an architect’s role in the renovation of a public construction project. By the appellate court finding that a question of fact remained, the appellate court was finding that it was a triable issue, which is exactly what the general contractor wanted in this case. Getting this issue and the facts to the jury is the leverage the general contractor presumably wanted. Read the court decision
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Reprinted courtesy of David Adelstein, Florida Construction Legal Updates
Mr. Adelstein may be contacted at dadelstein@gmail.com

“But I didn’t know what I was signing….”

May 30, 2018 — Bobby Kethcart - Snell & Wilmer Real Estate Litigation Blog
In real estate cases—which frequently involve long purchase agreements, loan documents, personal guarantees, deeds of trust, etc.—we’ve likely all had a client or opposing party who trots out the line that they didn’t know what they were signing, or they didn’t read or understand what they were signing, so the document shouldn’t be enforced according to its terms. Most of us instinctively believe the claim is a loser: You signed the document, you’re bound by it. But is this actually right? Well, we did some digging. Here is the Arizona law on the subject: Nationwide Resources Corp. v. Massabni, 134 Ariz. 557, 658 P.2d 210 (App. 1982):

“A mistake of only one of the parties to a contract in the expression of his agreement or as to the subject matter does not affect its binding force and ordinarily affords no ground for its avoidance, or for relief, even in equity.” “A manifestation of acceptance to the offeror or his agent forms a contract regardless of the intent of the acceptor.”

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Reprinted courtesy of Bobby Kethcart, Snell & Wilmer
Mr. Kethcart may be contacted at rkethcart@swlaw.com

$109-Million Renovation Begins on LA's Willowbrook/Rosa Parks Station

October 02, 2018 — Greg Aragon - Engineering News-Record
The Los Angeles County Metropolitan Transportation Authority (Metro), along with the Los Angeles office of Stantec, recently began work on the $109-million Willowbrook/Rosa Parks Station Improvement Project in Los Angeles. Read the court decision
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Reprinted courtesy of Greg Aragon, ENR
ENR may be contacted at ENR.com@bnpmedia.com

Housing Markets Continue to Improve

February 11, 2013 — CDJ STAFF
The National Association of Home Builders reports that for a sixth consecutive month there has been an increase in the number of housing markets that have shown improvement. The January report saw 242 improving markets, which in February grew to 259. The NAHB notes that there are now improving markets in every state, “suggesting that the housing recovery has substantial momentum.” Not all markets showed continued improvement. Three metropolitan areas were dropped from the list of improving markets, but another twenty were added. The NAHB has been tracking this data since September 2011, when there were only twelve improving markets through the whole country. Read the court decision
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Pennsylvania Homeowner Blames Cracks on Chipolte Construction

October 14, 2013 — CDJ STAFF
“Everything was shaking, like a big bomb went off.” That’s how Hersey, Pennsylvania resident Maria Yi described the situation during construction of a Chipolte restaurant next to her home. She and other people thought it was an earthquake, but then found it came from the construction site. She told the operator of the machine to stop. Yi and her husband later found cracks in their home which they attribute to the construction activity. Township supervisors were sympathetic to Yi, with Kelly Fedeli, the Supervisor Vice Chairwoman, told Yi that she feels “very badly about what happened to you.” And Chuck Emerick, the township code officer told Yi that “we’re doing everything we can to help you.” This is not Yi’s first conflict with the proposed restaurant. Yi was involved in a lawsuit that sought to stop the restaurant from being built at all. That suit is being appealed, but even if Yi were to win at the appeal, the restaurant would go forward. Said Yi of the supervisors, “they told me there would be no problem.” Read the court decision
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FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES