Fairfield Connecticut Building Expert Directory

Pennsylvania Reconstruction Project Beset by Problems

October 15, 2014 — Beverley BevenFlorez-CDJ STAFF
The Pittsburgh Post-Gazette reported that “[t]he Penn Avenue reconstruction project in Garfield, described as ‘a comedy of errors’ by one neighborhood leader, remains months behind schedule and has gone well over budget.” The $4.7 million construction budget has increased “by at least $800,000,” according to the Pittsburgh post-Gazette. Problems included the underground utilities not on maps or mapped inaccurately, water lines breaking, and old streetcar tracks were discovered to have contaminated soil. Rick Swartz, executive director of the Bloomfield-Garfield Corp., told the Gazette that the project has been “plagued with problems and poor communication from the very start.” Read the court decision
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Newark Trial Team Secures Affirmance of ‘No Cause’ Verdict for Nationwide Housing Manager & Developer

January 07, 2025 — Lewis Brisbois Newsroom
Newark, N.J. (December 30, 2024) - Newark Partner Afsha Noran and Managing Partner Colin Hackett recently obtained a ruling by a New Jersey Appellate Division panel affirming a unanimous "no cause" defense verdict obtained on behalf of a nationwide housing developer and manager. In this case, the plaintiff and her two minor children brought suit against the firm's client. They appealed a unanimous no-cause jury verdict rendered in May 2023 that found the defendants not liable for mold exposure in their apartment. The plaintiffs argued that several trial errors, including improper jury instructions, a confusing verdict sheet, and prejudicial remarks by defense counsel led to an unjust result. However, the appellate court affirmed the trial court's decision, concluding that there was no miscarriage of justice and that the trial court properly exercised its discretion in handling the case. Read the court decision
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Reprinted courtesy of Lewis Brisbois

Approaching Design-Build Projects to Avoid (or Win) Disputes

August 07, 2023 — Stuart Eisler - Construction Executive
Stakeholders engage in design-build projects believing the collaborative nature better aligns parties' interests and reduces overall risk exposure. Each of the lead parties bases this belief on different factors—the owner sees an opportunity to reduce change-order exposure and improve delivery times, the design-builder (or contractor) aims to control design volatility by ensuring project components match budgeted projections, and the designer intends to benefit by greater constructability review from the design-builder team and often additional time to detail designs. Rarely do design-build parties contemplate claims arising while initiating a project. This being said, design-build projects carry unique, inherent risks due to the award of often fixed-price contracts utilizing incomplete, preliminary designs. As scopes creep and costs balloon, previously harmonious parties experience discord and lurking claims. While the majority of design-build projects are completed without major dispute, there are strategies available to further avoid disputes and prevail in those that are unavoidable. Reprinted courtesy of Stuart Eisler, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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Appellate Court of Maryland Construes Notice Conditions of A312 Performance Bond in Favor of Surety

January 02, 2024 — Joel P. Williams - White and Williams LLP
The Appellate Court of Maryland issued a reported opinion in a case construing an American Institute of Architects (“AIA”) A312 performance bond. In Wildewood Operating Company, LLC v. WRV Holdings, LLC, et al. 2023 Md. App. LEXIS 720 (Oct. 30, 2023), the Appellate Court of Maryland held that a performance bond surety was discharged from liability where the owner/obligee failed to give the surety notice of the contractor’s default termination until after a third party had completed the work. The project concerned the construction of an assisted living facility in St. Mary’s County, Maryland. The owner, Wildewood Operating Company, LLC, entered into an A312-2010 performance bond with Clark Turner Construction, LLC, as contractor, and First Indemnity of America Insurance Company, as surety. When Clark Turner failed to complete certain stormwater management work adjacent to the site, Wildewood, Clark Turner, and other parties entered into a Work Agreement to address completion of the work. The surety was not a party to the Work Agreement. Read the court decision
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Reprinted courtesy of Joel P. Williams, White and Williams LLP
Mr. Williams may be contacted at williamsj@whiteandwilliams.com

U.S. Stocks Fall as Small Shares Tumble Amid Home Sales

September 24, 2014 — Joseph Ciolli and Callie Bost – Bloomberg
U.S. stocks fell, led by a plunge among small companies, as sales of existing homes unexpectedly dropped and China’s finance minister damped stimulus hopes. The Russell 2000 Index of small-cap stocks sank 1.6 percent, the most since July. Yahoo! Inc. (YHOO) dropped 2.3 percent to lead the Dow Jones Internet Composite Index to a one-month low. Alibaba Group Holding Ltd. slid 2.1 percent after surging in its trading debut Sept. 19. The Standard & Poor’s 500 Index dropped 0.7 percent to 1,997.37 at 11:24 a.m. in New York, after closing at a record Sept. 18. The benchmark gauge hasn’t had a four-day slide this year and hasn’t fallen 10 percent in three years. The Dow Jones Industrial Average slid 58.40 points, or 0.3 percent, to 17,221.34. Mr. Ciolli may be contacted at jciolli@bloomberg.net; Ms. Bost may be contacted at cbost2@bloomberg.net Read the court decision
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Reprinted courtesy of Joseph Ciolli and Callie Bost, Bloomberg

When Every Drop Matters, Cities Turn to Watertech

November 25, 2024 — James B. Bobotek - Gravel2Gavel Construction & Real Estate Law Blog
We all need water to survive—but access to the liquid lifeline isn’t always a given. With a shifting climate and ever-increasing agricultural and industrial demands on this limited commodity, UNICEF predicts that by 2025, half of the world’s population could be living in areas facing water scarcity. On top of the obvious resource drains, many countries are losing surprising amounts of potable water to leaks. For example, in the United States alone, an estimated 6 billion gallons of treated drinking water seep out of its supply every day due to aging pipelines and undetected leaks. “Smart” water innovations may offer conservation solutions, though. As part of an overall smart city scheme, where internet of things (IoT) devices work hand-in-hand with AI to improve daily life, many municipalities are giving their water systems a makeover. From new meters to irrigation and pipeline maintenance, we look at some of the key intelligent technologies that endeavor to improve how we harness our water supply. Read the court decision
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Reprinted courtesy of James B. Bobotek, Pillsbury
Mr. Bobotek may be contacted at james.bobotek@pillsburylaw.com

Maybe California Actually Does Have Enough Water

September 06, 2021 — Francis Wilkinson - Bloomberg
It’s hard to know how much to panic over California’s dwindling water supplies. The state has never really had enough water, after all, yet lawns in Beverly Hills somehow remain perpetually green. Earlier this month, however, came a sign that life might soon be getting more uncomfortable for more Californians. On Aug. 3, the State Water Resources Control Board voted 5 to 0 to issue an “emergency curtailment” order for the Sacramento-San Joaquin Delta watershed. Last week the order was submitted to the state’s Office of Administrative Law, which is likely to approve it. The watershed covers about 40% of the state, stretching roughly from Fresno to Oregon, and is California’s largest source of surface water. About 5,700 holders of water rights, largely in agriculture and business, will be affected by the reduction in water access. Although many farms have already drawn most of the water they need for the season, the board’s move was a sign that ancestral water rights won’t be a guarantee of actual water if drought persists. Read the court decision
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Reprinted courtesy of Francis Wilkinson, Bloomberg

Even Toilets Aren’t Safe as Hackers Target Home Devices

June 11, 2014 — Amy Thomson – Bloomberg
Come home to a hot iron and smoldering clothes this afternoon? Soon, it may not be a sign of forgetfulness, but rather evidence that you’ve been hacked. In coming years, your smartphone will be able to lock your house, turn on the air conditioning, check whether the milk is out of date, or even heat up your iron. Great news, except that all that convenience could also let criminals open your doors, spy on your family or drive your connected car to their lair. “As these technologies become more sophisticated, it opens up a broader spectrum of threats,” said Gunter Ollmann, chief technology officer of IOActive, a tech security firm in Seattle. A world of connected devices makes it possible “for the bad guys to have permanent entry into your household.” Read the court decision
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Reprinted courtesy of Amy Thomson, Bloomberg
Ms. Thomson may be contacted at athomson6@bloomberg.net

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