Fairfield Connecticut Building Expert Directory

Real Estate & Construction News Round-Up 04/06/22

April 11, 2022 — Pillsbury's Construction & Real Estate Law Team - Gravel2Gavel Construction & Real Estate Law Blog
A growing proptech startup aims to pre-emptively identify needed home repairs, 3D-printed homes could become a workable solution to the housing shortage, and more.

Concerns about a housing-market crash are growing as the Fed begins to hike interest rates, leaving industry experts to speculate on what’s next for the U.S. housing bubble. (William Edwards, Insider)
Real-estate sales in Manhattan topped $7 billion in the first quarter of 2022, with the average price of apartments jumping 19% over the previous year. (Robert Frank, CNBC)
Proptech startup DwellWell claims to have produced the first “check engine light” that can pre-emptively diagnose needed home repairs. (T.P. Yeatts, The Real Deal)

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Reprinted courtesy of Pillsbury's Construction & Real Estate Law Team

New York Public Library’s “Most Comprehensive Renovation” In Its History

May 13, 2014 — Beverley BevenFlorez-CDJ STAFF
Manhattan’s New York Public Library’s renovation plans have been revised after being “the subject of at least three lawsuits and repeated protests by academics, activists, writers and historians,” according to Construction Digital. The previous $300 million plan by Foster & Partners would have required the circulation collections to be relocated during the renovation process. Now, that plan has been abandoned for one that New York Public Library President Anthony Marx calls “the most comprehensive renovation in its history.” “Instead of removing the central stacks and placing the Mid-Manhattan Library in that space, we are proposing to renovate Mid-Manhattan Library at its current site,” Marx told Construction Digital. “This renovation will add much-needed computer labs and an adult education center, and an inspiring, comfortable space for browsing our largest circulating collection.” Read the court decision
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Construction Defects through the Years

July 31, 2013 — CDJ STAFF
Builder has an article on the some building changes over the years that have led to construction defect problems. Is insulation evil? Well, that what some thought in the 1930s. Early attempts at insulating walls trapped moisture causing paint to peel. Then in the 1960s, the rise of aluminum wire lead to an even more serious problem: house fires. And it continues. The plastic piping that was though to last forever when it was installed in the late 70s turned out to have about a decade of life. It’s a short forever. Eventually, polybutylene plumbing was forbidden by building codes. The article has a series of building innovations that seemed like great ideas at the time, but were later found to be problematic. Read the court decision
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Construction Litigation Roundup: “Tear Down This Wall!”

September 06, 2023 — Daniel Lund III - Lexology
If you enter a contract to do that in Louisiana, you had better have Louisiana contractor’s license! It is now axiomatic in Louisiana that when a Louisiana contractor’s license is required, the contract for work performed by an unlicensed contractor is an “absolute nullity,” such that the contract is deemed never to have existed. While Louisiana does not prohibit (as would be the case in certain other states) that contractor from quantum meruit/unjust enrichment recovery, who wants to rely on those noncontractual bases for recovery? After any hurricane in Louisiana, out-of-state contractors swoop in. In the case of a water mitigation company from Texas working on a property that was water damaged by Hurricane Ida, the customer refused to pay for services rendered and then defended against payment by urging that work performed by the mitigation firm required a Louisiana contractor’s license – which the mitigation firm lacked. Read the court decision
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Reprinted courtesy of Daniel Lund III, Phelps
Mr. Lund may be contacted at daniel.lund@phelps.com

U.S. District Court for Hawaii Again Determines Construction Defect Claims Do Not Arise From An Occurrence

August 27, 2013 — CDJ STAFF
In a decision authored by Judge Leslie E. Koybayashi, the U.S. District Court for the District of Hawaii followed its prior decisions that construction defect claims were not covered because such claims do not arise from an occurrence. Nautilus Ins. Co. v. 3 Builders, Inc., 2013 U.S. Dist. LEXIS 88480 (D. Haw. June 24, 2013). 3 Builders, the insured, was sued by the Apartment Owners of Mililani Pinnacle for the faulty installation of a new roof. Pinnacle claimed the completed roofs were not properly installed.complaint alleged breach of contract, breach of the duty of good faith and fair dealing, negligence, and other causes of action. 3 Builders tendered the defense to Nautilus, who accepted the tender and defended for three years. Nautilus, however, filed a complaint for a declaratory judgment on its coverage obligations. Nautilus sought summary judgment, contending there was no coverage because all of the claims arose from the contractual relationship to perform the roof work, and a breach of contract was not the type of fortuitous event covered by a CGL policy under Hawaii law. Read the court decision
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Reprinted courtesy of Tred Eyerly
Tred Eyerly can be contacted at te@hawaiilawyer.com

Newmeyer & Dillion’s Alan Packer Selected to 2018 Northern California Super Lawyers List

July 18, 2018 — Newmeyer & Dillion
WALNUT CREEK, Calif. – JULY 10, 2018 – Prominent business and real estate law firm Newmeyer & Dillion LLP is pleased to announce that litigation attorney Alan Packer has been selected to the 2018 Northern California Super Lawyers list. No more than five percent of the lawyers in the state are selected by Super Lawyers each year. Packer is a partner in the firm's expanding Walnut Creek office. He has practiced law in California for over 30 years, mostly representing parties involved in real estate, home building, commercial construction, and insurance matters. He represents business clients, homebuilders, property owners, and others in a broad range of legal matters. Packer is a frequent speaker at seminars and in-house training sessions for clients on issues relating to risk management, construction litigation, and insurance. Earlier this year, Newmeyer & Dillion attorneys in Newport Beach and Las Vegas were also selected to Super Lawyers lists. Packer brings its total to 19 Newmeyer & Dillion attorneys recognized. Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The patented selection process includes independent research, peer nominations and peer evaluations, resulting in a comprehensive and diverse listing of exceptional attorneys.

Alan Packer Partner Walnut Creek Contact 925.988.3200 alan.packer@ndlf.com Practices Business Litigation Construction Litigation Insurance Law Real Estate Litigation About Newmeyer & Dillion For more than 30 years, Newmeyer & Dillion has delivered creative and outstanding legal solutions and trial results for a wide array of clients. With over 70 attorneys practicing in all aspects of business, employment, real estate, construction and insurance law, Newmeyer & Dillion delivers legal services tailored to meet each client's needs. Headquartered in Newport Beach, California, with offices in Walnut Creek, California and Las Vegas, Nevada, Newmeyer & Dillion attorneys are recognized by The Best Lawyers in America©, and Super Lawyers as top tier and some of the best lawyers in California, and have been given Martindale-Hubbell Peer Review's AV Preeminent® highest rating. For additional information, call 949.854.7000 or visit www.ndlf.com. Read the court decision
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Return-to-Workplace Checklist: Considerations and Emerging Best Practices for Employers
July 20, 2020 — Nancy Conrad & George C. Morrison - White and Williams LLP
As employers plan to return employees to the workplace, they should proceed with careful planning and incorporate best practices and measures to assure a safe, responsible and productive workplace. While there is no "one size fits all" plan, the following checklist will assist in assuring that your work environment includes the key safety components to return to the workplace in the midst of a pandemic. PREPARING THE WORKPLACE FOR RETURN & GENERAL HEALTH AND SAFETY
Create a company task force, safety committee or coordinator to oversee implementation of policies that address and enforce practices related to COVID-19.

Ensure HVAC systems are functional, have been properly cleaned and serviced and tuned to maximize airflow and filtration.

Review and increase cleaning protocols in coordination with lease terms and cleaning contracts. Ensure regular and thorough office cleanings, with a focus on high-touch surfaces and areas. Document cleaning protocols and schedule.

Implement social distancing requirements and provide visual markers on floors in compliance with applicable federal, state and local orders.

Rearrange work spaces, conference rooms and lunchrooms to comply with social distancing requirements.

Post notices about the number of individuals permitted in elevators, stairwells, rooms and on the premises.

Restrict movement between departments and floors.
Reprinted courtesy of Nancy Conrad, White and Williams LLP and George C. Morrison, White and Williams LLP Ms. Conrad may be contacted at conradn@whiteandwilliams.com Mr. Morrison may be contacted at morrisong@whiteandwilliams.com Read the court decision
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Scaffolding Purchase Suggests No New Building for Board of Equalization
July 30, 2014 — Beverley BevenFlorez-CDJ STAFF
Employees at California’s Board of Equalization spoke out against the Brown administration after the state purchased new scaffolding for the defect-riddled building, rather than finding a new facility, reported the Sacramento Bee. The existing scaffolding was leased for $10,000 per month, but the lease expired, prompting the purchase of new scaffolding for about $100,000. The board’s Chairman Jerome Horton stated “that while the change may make financial sense in the short term, it sends a signal that the Department of General Services intends to keep Equalization’s 2,200 or so employees in the troubled building,” according to the Sacramento Bee. Building problems include “toxic mold, defective elevators, leaking windows, corroded wastewater pipes, floods, and exterior glass panels that spontaneously break or pop off.” So far, $2.3 million has been paid “in connection with building-related employee injury claims” along with $60 million in repairs. However, an additional $115 million is estimated to completely fix the defects. Read the court decision
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