Fairfield Connecticut Building Expert Directory

Small Airport to Grow with Tower

October 25, 2013 — CDJ STAFF
The city Hammond, Louisiana is finding that their airport just keeps getting busier. Mayson Foster, the mayor of Hammond noted that the city now has “various types of aircraft ranging from blimps, regional jets, smaller private planes, helicopters and other aircraft using the airport.” Spartan Construction Company has made a successful $1.6 million bid to build the tower. Funding will come from the sale of 17 acres of land near the airport. Air traffic at the Northshore Regional Airport is expected to increase after the tower becomes operational. Read the court decision
Read the full story...
Reprinted courtesy of

Town Concerned Over Sinkhole at Condo Complex

September 24, 2013 — CDJ STAFF
Despite the assurances of their engineering firm, the township of Old Bridge, New Jersey has yet to release the performance bond to the construction of Plaza Grande, a condominium complex for residents over 55. One resident summarized the problem for the Suburban, a newspaper for towns in the area. “Our major concern is a sinkhole near Building 4 that has come back several times.” D.R. Horton, the developer on the project, has dug out the sinkhole, then backfilled and compacted it. However , one member of the Old Bridge Township Council said that she noticed that the area was beginning to sink again. The council member, Mary Sohor, said that Horton “should’ve dug a little deeper and did a little more.” D.R. Horton said that the issues do not affect the safety of the residents and attribute them to seasonal wear and tear. Read the court decision
Read the full story...
Reprinted courtesy of

Arizona – New Discovery Rules

May 16, 2018 — John Belanger - Bremer Whyte Brown & O'Meara LLP
Effective July 1, 2018 New Rules of Civil Procedure are taking effect in Arizona on July 1, 2018. The new Rules will change how discovery works in civil litigation in the state. Here is a sneak peek at the changes that will impact your file handling the most: Tiered Discovery

How much discovery is allowed in a case will now depend on the amount and type of relief sought
Cases will be assigned to one of three tiers
Parties can agree on a tier assignment, the court can assign a tier, or a tier can be assigned based on the amount of damages, or a combination of monetary and non-monetary damages

Read the court decision
Read the full story...
Reprinted courtesy of John Belanger, Bremer Whyte Brown & O'Meara LLP
Mr. Belanger may be contacted at jbelanger@bremerwhyte.com

No Coverage for Home Damaged by Falling Boulders

March 08, 2021 — Tred R. Eyerly - Insurance Law Hawaii
The policy's earth movement exclusion barred coverage for the home damaged by large boulders rolling down from the hillside above. Sullivan v. Nationwide Affinity Ins. Co. of Am., 2021 U.S. App. LEZXIS 628 (10th Cir Jan. 11, 2021). Plaintiffs' home sustained extensive damage when two or three large builders rolled down a steep hillside and struck the home. The insurer, Nationwide, hired an engineering firm that determined the boulders were not influenced by meteorological conditions such as torrential rain or high winds. The report noted that rockfall hazards existed primarily due to an undercut sandstone outcrop, and evidenced by numerous rocks from rockfall events that scattered Plaintiffs' property. Based on the report, Nationwide denied coverage under the earth movement exclusion. The exclusion provided Nationwide did "not insure for loss caused directly or indirectly by . . . Earth Movement" and regardless of "whether or not the loss event results in widespread damage or affects a substantial area." The policy further defined "earth movement" to include "landslide . . . or any other earth movement including earth sinking, risking or shifting." Read the court decision
Read the full story...
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

Recommendations and Drafting Considerations for Construction Contingency Clauses Part III

December 27, 2021 — Samantha Schacht & Josh Levy - Construction Executive
The best contracts provide the parties with a clear allocation of risks and responsibilities, and a process for handling inevitable project challenges. Contract negotiations can enable parties to have the difficult conversations allocating risks before the start of a project. An effective negotiation, in turn, aligns the parties’ expectations and helps avoid costly disputes born out of misunderstandings of the parties’ respective rights and responsibilities on the project. This final installment of a three-part series on contingencies in construction contracts addresses factors that should be discussed and considered when drafting a contingency clause in a construction contract with the goal of helping to set clear expectations and avoid disputes. Part I The Best Laid Plans: Contingency in a Construction Contract explained what a construction contingency is and Part II The Best Laid Plans: Contingency in a Construction Contract discussed the two primary schools of thought on how a construction contingency fund should be used and managed. Reprinted courtesy of Samantha Schacht, Construction Executive and Josh Levy, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Ms. Schacht may be contacted at samantha.schacht@huschblackwell.com Read the court decision
Read the full story...
Reprinted courtesy of

BHA has a Nice Swing: Firm Supports CDCCF Charity at 2014 WCC Seminar

April 29, 2014 — Beverley BevenFlorez-CDJ STAFF
Stop by the Bert L. Howe & Associates (BHA) booth at the 2014 West Coast Casualty Construction Defect Seminar at the Disneyland Hotel on May 15th and 16th, and Sink A Putt For Charity! This year, seminar attendees and would-be duffers who try their hand at the golf putting game at the Bert L. Howe & Associates booth will not only have the chance to win a free gift card, they’ll also have the opportunity to help raise funds for a very important cause, the Construction Defect Community Charitable Foundation (CDCCF). Throughout this year’s seminar, with every hole-in-one made at their booth, BHA will make a $25.00 cash donation in the golfer’s name to the CDCCF. Bert L. Howe & Associates strongly supports the goals and principles of the CDCCF, and is honored to assist the foundation in fulfilling its mandate of assisting those in the construction defect community who are in need. Read how the CDCCF assists the construction defect community... Read the court decision
Read the full story...
Reprinted courtesy of

No Jail Time for Disbarred Construction Defect Lawyer

May 10, 2013 — CDJ STAFF
The New Mexico Supreme Court decided that a lawyer who defrauded clients will not be spending any time in jail, although they did disbar him in February. Bradley R. Sims brought a cashier’s check for $10,000 to repay his former client. Casa Bandera had hired Sims to sue over construction defects at apartment buildings it owned in Las Cruces, New Mexico. The court had found that Sims did not file the lawsuit but that created documents to convince his clients that he had. Sims initially intended to repay Casa Bandera through monies owed him by Sundland Park, New Mexico. When that did not arrive at the court, Sims borrowed the money. He has yet to comply with a court order to turn over his client lists so that the disciplinary board can determine if he owes money to any other clients. Read the court decision
Read the full story...
Reprinted courtesy of

Caveat Emptor (“Buyer Beware!”) Exceptions

May 10, 2021 — David Adelstein - Florida Construction Legal Updates
There is value to a seller when it comes to entering into an as-is transaction and stating that the seller has NOT made any representation or warranty, all such representations or warranties are disclaimed, the buyer is NOT relying on any representation of the seller, and that the buyer is relying on its own inspection of the property. This shifts the onus to the buyer to undertake the inspection or due diligence it needs to take relating to the property it wants to buy. With respect to commercial property transactions:

The doctrine of caveat emptor, which Florida courts continue to apply, “places the duty to examine and judge the value and condition of the property solely on the buyer and protects the seller from liability for any defects.” There are, however, three exceptions to this doctrine, including: “1) where some artifice or trick has been employed to prevent the purchaser from making independent inquiry; 2) where the other party does not have equal opportunity to become apprised of the fact; and, 3) where a party undertakes to disclose facts and fails to disclose the whole truth.” Florida Holding 4800, LLC v. Lauderhill Mall Investment, LLC, 46 Fla. L. Weekly D785b (Fla. 4th DCA 2021).

These three exceptions to caveat emptor, or the doctrine of buyer beware, are not easy to prove because it places a burden on a buyer to prove an active effort from the seller to conceal a material fact to skirt around the as-is language. Again, this is not an easy burden to prove. Read the court decision
Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
Mr. Adelstein may be contacted at dma@kirwinnorris.com

FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES