Fairfield Connecticut Building Expert Directory

Recent Developments with California’s Right to Repair Act

June 11, 2014 — Beverley BevenFlorez-CDJ STAFF
In Lexology, Amy Kuo Alexander of Gordon Rees Scully Mansukhani, LLP analyzed recent decisions involving California’s Right to Repair Act, SB 800. According to Alexander, “SB 800, applies to all new residential construction sold after January 1, 2003” and “[i]t establishes a process to resolve certain construction defect claims prior to the filing of any lawsuit by a homeowner of new residential construction.” Alexander’s three main discussion points include “SB 800 is Not the Exclusive Remedy,” “Notice Requirements to Builder Under SB 800,” and “Parties Can Opt Out of SB 800 to Adopt Their Own Prelitigation Procedure So Long as the Terms Are Not Unconscionable.” Read the court decision
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Preservationists Want to Save Penn Station. Yes, That Penn Station.

December 20, 2021 — Kriston Capps - Bloomberg
In November, as one of her first major acts since taking office, New York Governor Kathy Hochul pared back development plans for New York City’s Pennsylvania Station set in place by her predecessor, disgraced former governor Andrew Cuomo. The Cuomo plan would have greatly expanded Penn Station and upscaled the neighborhood; Hochul’s vision narrows the scope of work, but it still stands to dramatically transform the subterranean transportation hub, which has been the focus of various unrealized redesign dreams for decades. On Dec. 8, critics and supporters sounded off on the Penn Station scheme in a public hearing. More than 200 people registered to weigh in on how the 10 new skyscrapers coming to the area (shrunk down a bit under Hochul) would affect the scale and character of the community, and the historic buildings that would need to be razed to make way for new development. Read the court decision
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Reprinted courtesy of Kriston Capps, Bloomberg

New World Cup Stadiums Failed at their First Trial

March 12, 2014 — Beverley BevenFlorez-CDJ STAFF
Problems abounded at the inaugural match at one of the new World Cup stadiums in Manaus, Brazil, reported The News Tribune. Problems also were reported at the Arena da Amazonia. Bathrooms weren’t completed, roofs leaked, and some fans were sold tickets for seats that didn’t exist. Furthermore “construction material could be seen in some places and many wheelchair fans had difficulties accessing their seats.” "This is a critical point that needs to be reevaluated, it can't happen again," said Miguel Capobiango, one of the officials in charge of World Cup preparations in Manaus, as quoted by The News Tribune. "But this is why we have these test events." Read the court decision
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The U.S. Flooded One of Houston’s Richest Neighborhoods to Save Everyone Else

December 01, 2017 — Shannon Sims - Bloomberg
“Next contestant, come on down.” On Oct. 6, in a bright courtroom in downtown Houston, Susan Braden, chief justice of the U.S. Court of Federal Claims, opens a preliminary hearing with a joke, beckoning a lawyer forward. Braden has flown in from Washington to oversee disputes involving the homes and businesses flooded in West Houston after Hurricane Harvey made landfall over Texas in late August. She has summoned attorneys interested in suing, to get their thoughts on how the proceedings should unfold. Almost 100 lawyers are present, combed and buzzing in anticipation of what promises to be some of the most complex and expensive litigation ever brought against the federal government. Observers speculate that thousands of plaintiffs could eventually join in, and that the total damages claimed could reach $10 billion or more, especially if the big energy and oil companies—whose presence in one section of West Houston gave it the nickname the Energy Corridor—sue over their flooded headquarters. Eighty suits, 11 of which are seeking class-action status, have been filed by homeowners against the federal government, though many of the Energy Corridor’s approximately 9,500 residents are still weighing their options, speed-dating lawyers by phone and at community meetings. Read the court decision
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Reprinted courtesy of Shannon Sims, Bloomberg

Putting for a Cure: Don’t Forget to Visit BHA’s Booth at WCC to Support Charity

April 28, 2016 — Beverley BevenFlorez-CDJ STAFF
Bert L. Howe & Associates, Inc., (BHA) is excited to announce the return of their very popular Sink a Putt for Charity at the 2016 West Coast Casualty Construction Defect Seminar. This year, participant’s efforts on the green will help benefit the Susan G. Komen Race for the Cure. As in years past, sink a putt in the BHA golf challenge and win a $25 gift card, and for every successful putt made, BHA will make a $25 cash donation in the golfer’s name to the Susan G. Komen Foundation. But it doesn’t stop there. Breast cancer touches so many lives, with wives, mothers, sisters, aunts, cousins and daughters all affected by this insidious disease. To further assist in their noble fight, BHA is doubling down. During three Championship Rounds on Thursday morning, afternoon, and evening, BHA will up the ante. For every putt ATTEMPTED (sink or miss), BHA will make a $50 donation to Susan G. Komen, and for every putt MADE, the golfer will also win a $50 gift card. These Championship Rounds will occur during the Thursday morning break, the afternoon break, and during the first hour of the Thursday evening cocktail party. Bert L. Howe & Associates, Inc., strongly supports the goals and principles of the Susan G. Komen Race for the Cure, and is honored to assist in fulfilling its mission of supporting research, community health, global outreach and public policy initiatives. While at the booth, don’t forget to test out BHA’s industry leading data collection and inspection analysis systems. BHA has recently added video overviews to their data collection process, as well as next-day viewing of inspection data via their secured BHA Client Access Portal. Discover meaningful cost improvements that translate to reduced billing while providing superior accuracy and credibility. Attendees can also enter to win Dodger baseball tickets or one of three new iPad Pros! Other BHA giveaways include USB charging blocks, pocket tape measures, multi-tools, laser pointers, foam stress balls, and Callaway golf balls. For more information on the Susan G. Komen Foundation, please visit their website. Read the court decision
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The Argument for Solar Power

July 09, 2014 — Beverley BevenFlorez-CDJ STAFF
Jennifer Goodman in Big Builder provides eight reasons why buyers should opt for solar power. First on her list is “Codes.” Goodman pointed out that beginning in 2020, “California’s Title 24 will require all new residential construction to be net-zero energy, which means that they will need renewable energy systems in order to generate as much power as they consume.” Other reasons include incentives, aesthetics, appraisal/lending standards, payback, legislation, cost, and finally, “clean, quiet, and abundant power.” Goodman stated that the “technology generates no noise or off gassing and because solar power is generated from sunlight--not heat--even residents in the northern U.S. are able to take advantage of it.” Read the court decision
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Boston-area Asbestos-Abatement Firms Face Wage and Safety Complaints

January 26, 2017 — Justin Rice - Engineering News-Record
Several federal and state complaints against asbestos-abatement and demolition firms operating in Massachusetts have sprouted in the wake of the region’s construction boom. Involving mostly small companies and immigrant workers, the cases allege wage and benefit violations as well as improper exposure to asbestos fibers, which contain cancer-causing carcinogens. Read the court decision
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Reprinted courtesy of Justin Rice, ENR
Mr. Rice may be contacted at ricej@enr.com

Contractor’s Assignment of Construction Contract to Newly Formed Company Before Company Was Licensed, Not Subject to B&P 7031

October 04, 2021 — Garret Murai - California Construction Law Blog
Add one more to the Business and Profession Code section 7031 archives. In Manela v. Stone, Case No. B302660 (July 1, 2021), the 2nd District Court of appeal held that Section 7031 did not apply to a contractor licensed as a sole proprietor who assigned his contract to his newly formed company although at the time of the assignment the contractor’s individual contractor’s license had not yet been reissued to the incorporated company. The Manela Case On January 4, 2015, John Stone doing business as Stone Construction Company entered into a home remodeling contract with Yosef and Nomi Manela. At the time, Stone had held a contractor’s license since 1982. On February 11, 2015, after work on the project had begun, Stone formed JDSS Construction Company, Inc., and filed a fictitious business name using the same name Stone Construction Company. Stone applied to the Contractors State License Board to have his contractor’s license issued from himself personally to his new corporation. On March 15, 2015, while waiting for the CSLB to reissue his contractor’s license, Stone entered into an assignment agreement between himself and his new company assigning the Manela construction contract. The assignment agreement was signed by Stone in his personal capacity and as President of JDSS Construction. The assignment agreement was not signed by the Manelas. Read the court decision
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Reprinted courtesy of Garret Murai, Nomos LLP
Mr. Murai may be contacted at gmurai@nomosllp.com

FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES