Fairfield Connecticut Building Expert Directory

Reasonableness of Liquidated Damages Determined at Time of Contract (or, You Can’t Look Back Again)

October 05, 2020 — Christopher G. Hill - Construction Law Musings
I’ve discussed the continuing litigation between White Oak Power Constructors v. Mitsubishi Hitachi Power Systems Americas, Inc. previously here at Construction Law Musings because the case was another reminder that your construction contract terms matter and will be interpreted strictly here in the Commonwealth of Virginia. The prior opinion in this case from the Eastern District of Virginia court the Court considered the applicability of a liquidated damages provision. In the latest opinion from the Court (PDF) the Court looked at when and how any liquidated damages would be calculated. In its June 22, 2020 opinion, the Court put the issue as follows:

White Oak’s motion for partial summary judgment presents a narrow issue: whether courts may consider the damages actually sustained by a party as a result of a contract breach when deciding if liquidated damages required by a contract “grossly exceed” a party’s actual damages.

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Reprinted courtesy of The Law Office of Christopher G. Hill
Mr. Hill may be contacted at chrisghill@constructionlawva.com

Kahana Feld Receives 2024 OCCDL Top Legal Organizations for DEI Award

September 30, 2024 — Linda Carter - Kahana Feld
IRVINE, CA – Sep. 12, 2024 – Kahana Feld is pleased to announce that the firm received the 2024 Top Legal Organizations for DEI Award from the Orange County Coalition for Diversity in the Law (OCCDL). The firm will be recognized at an awards gala at The Westin South Coast Plaza on October 3. Each year, the OCCDL recognizes individuals and organizations who have advanced diversity, equity, and inclusion in the Orange County legal community, whether through their excellence in the law or their direct efforts to promote DEI. Kahana Feld was recognized for programs such as its DEI book club and its regular webinars on topics like implicit bias. The firm supports various DEI organizations and initiatives in the Orange County area, including the Orange County Asian American Bar Association, the Orange County Women Lawyers Association, and the Jewish Federation of Orange County. The OCCDL is a collaborative effort of professionals from leading Orange County law firms and other community partners promoting the advancement of diverse attorneys in Orange County. The OCCDL partners with local schools and organizations to increase community involvement and provides education focused on diversity to students and attorneys. Read the court decision
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Reprinted courtesy of Linda Carter, Kahana Feld
Ms. Carter may be contacted at lcarter@kahanafeld.com

Designing the Process to Deliver Zero-Carbon Construction – Computational Design in Practice

January 04, 2023 — Peter Debney - AEC Business
Computational Design is generating increasing interest in the construction industry as well as a certain amount of confusion. It is not parametric design; instead it takes parametric design to the next level. It is a set of methods that will define how we design structures over the next decades. With Computational Design, you don’t design the building; you design the automated process to find the best building design. Why use Computational Design? Computational Design is enabling us to create buildings that are far more efficient than we can manage using more traditional methods. Some architects are indeed using it to produce novel building forms, but its great advantage is in helping us towards efficient, zero-carbon construction. Read the court decision
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Reprinted courtesy of Peter Debney, AEC Business

Meet the Forum's In-House Counsel: J. PAUL ALLEN

May 28, 2024 — Jessica Knox - The Dispute Resolver
Company: Fischer Homes Email: paul@jpaulallen.com Law School: Chase College of Law at Northern Kentucky University (JD 1992) States Where Company Operates/Does Business: Kentucky, Ohio, Indiana, Georgia, Missouri, Florida Q: Describe your background and the path you took to becoming in-house counsel. A: I started at a large Cincinnati firm straight out of law school. I moved in-house for a client of the firm after about 8 years and have remained in-house ever since. The in-house experience has been rewarding and varied over the last 24 years. I have worked for a Fortune 500, publicly traded steel company, a private equity led construction products company, and, finally, a family-owned residential homebuilder. I had the good fortune to be General Counsel at the last 2 in-house companies and was able to establish a legal department from scratch at Fischer Homes. As time went on and I gained experience, I stayed in-house because of the ability to work for a single client and have a greater impact on the business side of things. Read the court decision
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Reprinted courtesy of Jessica Knox, Stinson LLP
Ms. Knox may be contacted at jessica.knox@stinson.com

New Jersey Judge Found Mortgage Lender Liable When Borrower Couldn’t Pay

August 06, 2014 — Beverley BevenFlorez-CDJ STAFF
According to the New Jersey Law Journal, Freedom Mortgage Corporation has to pay treble damages and legal fees after Bergen County Superior Court Judge Gerald Escala found the company “liable under New Jersey’s Consumer Fraud Act for providing a home refinance loan to a 70-year-old borrower it should have known would be unable to make the payments.” “Escala further ruled that Freedom Mortgage must hold off on obtaining a foreclosure judgment for a year to allow an opportunity for borrower Mamie Major to look for someone to buy the property or to obtain refinancing elsewhere,” the New Jersey Law Journal reported. Read the court decision
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Norfolk Southern Agrees to $310M Settlement With Feds Over 2023 Ohio Derailment

June 21, 2024 — James Leggate - Engineering News-Record
Norfolk Southern Corp. has agreed to pay more than $310 million and implement safety improvements as part of a settlement with the U.S. Environmental Protection Agency and U.S. Dept. of Justice over the disastrous February 2023 train derailment in East Palestine, Ohio, officials and the company announced May 23. 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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Owners and Contractors are Liable for Injuries Caused by their Independent Contractors under the “Peculiar Risk Doctrine”

October 15, 2024 — William L. Porter - Porter Law Group
Many contractors and owners believe that if they hire an independent contractor to perform work and that independent contractor causes injury to others during the performance of that work, then it is the independent contractor alone who will be liable for those injuries. In most circumstances, this is correct. The owner or the contractor will not be held liable for injuries caused by his or her independent contractor. However, this is not always the case. Under the “Peculiar Risk Doctrine” and California cases interpreting the doctrine, a contractor or owner who hires an independent contractor to do work which is considered to be “inherently dangerous work” can be still be held directly liable for damages when that independent contractor causes injury to others by negligently performing the work. Such liability can generally be imposed on the one hiring the independent contractor under either of two branches of the peculiar risk doctrine. First, where a person hires an independent contractor to do inherently dangerous work, but fails to provide in the contract or in some other manner that special precautions must be taken to avert the peculiar risk of injury related to that work, then the one hiring the independent contractor can be held liable for injuries to others caused by the independent contractor’s negligence. (Restatement Second of Torts Section 413). For example, in Mackey v. Campbell Construction Co. 101 Cal. App. 3d 774, 162 Cal. Rptr. 64 (1980), Western Electric Company, the owner of the project, was found liable for the personal injuries of a subcontractor’s employee because Western’s representatives were on the job at all times, had doubts about the safety of scaffolding being used on the project, yet failed to require use of precautions that could have been taken to avoid injury. Read the court decision
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Reprinted courtesy of William L. Porter, Porter Law Group
Mr. Porter may be contacted at bporter@porterlaw.com

Claimants’ Demand for Superfluous Wording In Release Does Not Excuse Insurer’s Failure to Accept Policy Limit Offer Within Time Specified

September 15, 2016 — Christopher Kendrick & Valerie A. Moore – Haight Brown & Bonesteel LLP
In Barickman v. Mercury Casualty Co. (No. B260833, filed 7/25/16, ord. pub. 8/15/16) a California appeals court affirmed a $3 million bad faith award against Mercury Casualty Co. based upon its failure to accept a policy limit demand within the time provided, finding that wording inserted by the claimants’ counsel into the release did not affect the insured’s rights such that the refusal to agree to the wording was unreasonable and in bad faith, exposing the insurer to liability for the insured’s stipulated judgment. Reprinted courtesy of Christopher Kendrick, Haight Brown & Bonesteel LLP and Valerie A. Moore, Haight Brown & Bonesteel LLP Mr. Kendrick may be contacted at ckendrick@hbblaw.com Ms. Moore may be contacted at vmoore@hbblaw.com Read the court decision
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FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES