Fairfield Connecticut Building Expert Directory

NYC Hires Engineer LERA for Parking Garage Collapse Probe

January 29, 2024 — James Leggate - Engineering News-Record
The investigation into the collapse of a Lower Manhattan parking garage last April is still underway. A Jan. 2 notice published in The City Record identified LERA Consulting Structural Engineers RLLP as the engineering firm assisting with the probe. Reprinted courtesy of James Leggate, Engineering News-Record Mr. Leggate may be contacted at leggatej@enr.com Read the full story... Read the court decision
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Judge Dismisses Suit to Block Construction of Obama Center

April 04, 2022 — The Associated Press - Bloomberg
Chicago (AP) -- A federal judge has dismissed a lawsuit that sought to prevent the construction of the Obama Presidential Center in a park on Chicago's South Side. In a ruling issued Tuesday, U.S. District Judge Robert Blakey rejected the contention by the group Protect Our Parks that the city's park district improperly gave control of the land in Jackson Park to former President Barack Obama's foundation in violation of the public trust. The city, Blakey wrote, “did not abdicate control or ownership of the OPC site to the Obama Foundation.” Citing the state law that governs museums, the judge wrote that the Obama Center will ”confer a public benefit because they ’serve valuable public purposes, including ... furthering human knowledge and understanding, educating and inspiring the public, and expanding recreational and cultural resources and opportunities.” Read the court decision
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New Nafta Could Settle Canada-U.S. Lumber War, Resolute CEO Says

February 02, 2017 — Jen Skerritt - Bloomberg
A renegotiation of Nafta could be used to settle a lumber dispute that’s been simmering between Canada and the U.S. for decades and threatens to make housing unaffordable for thousands of Americans, according to the world’s largest newsprint maker. Read the court decision
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Reprinted courtesy of Jen Skerritt, Bloomberg
Ms. Skerritt may be followed on Twitter @jenskerritt

North Carolina Soil & Groundwater Case to be Heard by U.S. Supreme Court

April 09, 2014 — Beverley BevenFlorez-CDJ STAFF
In Ashville, North Carolina, property owners have sued CTS Corp for alleged toxic chemicals in the soil and groundwater discovered decades after the company closed its manufacturing plant, according to the Citizen-Times. The contamination wasn’t discovered by the owners until 1999: “That lapse in time will be a primary point of consideration by the U.S. Supreme Court later this month when it hears arguments in a lawsuit brought by 25 Buncombe County property owners against the company.” Citizen-Times declared that the “issue is a North Carolina law establishing a 10-year ‘statute of repose’ that sets a deadline for filing claims related to environmental pollution in cases involving real property, even if the victims weren't aware of the contamination until long after.” However, the law might be “pre-empted by the federal Comprehensive Environmental Response, Compensation and Liability Act passed by Congress in 1980.” Read the court decision
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White House Proposal Returns to 1978 NEPA Review Procedures

November 15, 2021 — Karen C. Bennett - Lewis Brisbois
Washington, D.C. (October 15, 2021) - The Council on Environmental Quality (CEQ) has requested comments, by November 22, 2021, on proposed revisions to the National Environmental Policy Act (NEPA) regulations. The proposal is Phase I in a two-phased approach that will eventually undo a final rule, effective September 2020, that updated NEPA regulations to reflect decades of agency experience and caselaw interpreting the 1969 Act. Phase I proposes to reinstitute 1978 definitions for key terms used to determine the scope of review and the range of alternatives required when undertaking any major federal action. Phase II is expected to be an extensive rewrite of the 2020 regulations to incorporate climate change and environmental justice objectives. Businesses with projects, now or in the future, that require federal authorizations will need to pay close attention to these regulatory revisions. The 2020 update rule intended to scale back the time and cost of producing NEPA analyses by focusing agency resources on evaluating effects that are within the agency’s ability to control and studying only those alternatives that would meet the project purpose. CEQ’s proposal eliminates these efficiencies. Read the court decision
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Reprinted courtesy of Karen Bennett, Lewis Brisbois
Ms. Bennett may be contacted at Karen.Bennett@lewisbrisbois.com

Fundamental Fairness Trumps Contract Language

September 24, 2014 — Craig Martin – Construction Contractor Advisor
The Texas Supreme Court recently ruled that a “no-damages-for-delay” clause would not be enforced where the delay was caused by the owner. The court’s ruling flies squarely in the face of the contract language that attempted to insulate the owner from any delay claims, even those it caused. In the case of Zachary Construction v. Port of Houston underlying contract, proposed by the Port of Houston, was heavy handed, to say the least. The contract provided: “[Contractor] shall receive no financial compensation for delay or hindrance to the Work. In no event shall the Port Authority be liable to [Contractor] … for any damages arising out of or associated with any delay or hindrance to the Work, regardless of the source of the delay or hindrance, including events of Force Majeure, AND EVEN IF SUCH DELAY OR HINDRANCE RESULTS FROM, ARISES OUT OF OR IS DUE IN WHOLE OR IN PART, TO THE NEGLIGENCE, BREACH OF CONTRACT OR OTHER FAULT OF THE PORT AUTHORITY. [Contractor’s] sole remedy in any such case shall be an extension of time.” Wow, that’s some one-sided language. If the contract was enforced, the contractor could not get any damages for delay, even those damages caused by the active interference of the Port of Houston. Read the court decision
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Reprinted courtesy of Craig Martin, Lamson, Dugan and Murray, LLP
Mr. Martin may be contacted at cmartin@ldmlaw.com

It’s Not Just the Millennium Tower That’s Sinking in San Francisco

December 06, 2021 — Beverley BevenFlorez – CDJ Staff
Much has been reported over the years regarding the sinking Millennium Tower in San Francisco, but now new reports are emerging regarding sinking sidewalks in the Mission Bay neighborhood and images from space demonstrating that the entire Downtown San Francisco area may also be sinking. According to CBS SF BayArea, some sidewalks in Mission Bay have sunk “as much as a foot and more in some spots.” The neighborhood is built upon a landfill, which requires the buildings to be anchored to bedrock—the streets and sidewalks, however, are the property owners’ responsibility. Engineers for the UCSF Medical Center at Mission Bay “took a proactive approach.” CBS SF BayArea alleges, however, that many surrounding condo developers did not. SFGate reported that the sidewalk issue may be difficult to solve “as any fixes to the surface only serve to increase the weight of the pavement, speeding its descent into the landfill.” It may not just be sidewalks and streets that are sinking. U.S Geological Survey research geophysicist Tom Parsons “says earth-based and space-based observations confirm the entire downtown area around it is sinking as well.” According to the NBC Bay Area story, Parsons “estimated settlement of three inches across the entire Bay Area.” The Millennium Tower weighs an estimated 686 million pounds, making it the third heaviest building in San Francisco. However, it is the only one that’s significantly leaning. San Francisco building officials told NBC Bay Area that there are plans in place “to shore up the seawall that protects the Embarcadero.” Read the full story at CBS SF BayArea... Read the full story at SFGate... Read the full story at NBC Bay Area... Read the court decision
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New Certification Requirements for Veteran-Owned Small Business Concerns and Service-Disabled Veteran-owned Small Business Concerns Seeking Public Procurement Contracts

March 27, 2023 — Jennifer Harris, Timothy D. Matheny & Abby Bello Salinas - ConsensusDocs
Effective January 1, 2023, Veteran-Owned Small Business Concerns (VOSBs) and Service-Disabled Veteran-Owned Small Business Concerns (SDVOSBs) will be required to obtain Small Business Administration (SBA) certification to participate in any federal government agency VOSB or SDVOSB sole source or set-aside prime contracts. This change originated from a Final Rule (87 FR 73400) published by the SBA on November 29, 2022. As a result of this Final Rule, not only will VOSBs and SDVOSBs be required to re-visit, and in some cases re-apply for various certifications, but these new regulations will also impact joint ventures that rely on their member’s VOSB or SDVOSB status to bid public work. New Regulation Previously, a VOSB and SDVOSB could self-certify to perform set-aside and sole source projects on non-U.S. Department of Veteran Affairs (VA) procurements—a VOSB and SDVOSB only needed to be certified by the VA Center for Verification and Evaluation (CVE) when bidding on VA procurements contingent on its status. Reprinted courtesy of Jennifer Harris, Peckar & Abramson, P.C., Timothy D. Matheny, Peckar & Abramson, P.C. and Abby Bello Salinas, Law Clerk, Peckar & Abramson, P.C. Ms. Harris may be contacted at jharris@pecklaw.com Mr. Matheny may be contacted at tmatheny@pecklaw.com Read the court decision
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FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES