Fairfield Connecticut Building Expert Directory

Differing Site Conditions: What to Expect from the Court When You Encounter the Unexpected

September 05, 2022 — Margarita Kutsin - Ahlers Cressman & Sleight
[1]Seattle Tunnel Partners (“STP”), a joint venture of Dragados USA and Tutor Perini, entered into a $1.4 billion contract with the Washington State Department of Transportation (“WSDOT”) to replace the Highway 99 viaduct. In December 2013, a tunnel boring machine (“TBM”) bearing the moniker “Bertha,” then the largest TBM ever built, measuring 425 feet long and 57 feet in diameter, struck an underground pipe. Shortly after the impact, Bertha overheated and eventually could no longer make forward progress. A massive repair effort ensued causing a 2.5-year delay in reaching substantial completion. WSDOT sued STP for the delay, seeking liquidated damages of $57 million. In response, STP argued its delay was excusable because it was caused by Bertha’s impact with the pipe, and the steel well casing was a Differing Site Condition (DSC) undisclosed in the contract documents. STP asserted counterclaims against WSDOT, alleging breach of contract and seeking $300 million in damages. Ultimately, a jury found that the steel well casing on the pipe was not a DSC, foreclosing STP’s excusable delay defense and counterclaims, and resulting in a $57 million verdict, plus interest, in favor of WSDOT. Read the court decision
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Reprinted courtesy of Margarita Kutsin, Ahlers Cressman & Sleight
Ms. Kutsin may be contacted at margarita.kutsin@acslawyers.com

Does a Contractor (or Subcontractor) Have to Complete its Work to File a Mechanics Lien

January 10, 2018 — Wally Zimolong - Zimolong LLC
Yes. There seems to be common misconception that a contractor, subcontractor, or supplier, has six months from its last day of work on the project to file a mechanics lien. I frequently see mechanics liens whereby the claimant states “Claimants last day of work on the project was X.” However, Section 1502 (49 P.S. Section 1502) of the Pennsylvania Mechanics Lien is clear that a lien must be filed within six month of “the completion of his work.” Under the Lien Law, “completion of the work” is a defined term and means “means performance of the last of the labor or delivery of the last of the materials required by the terms of the claimant’s contract or agreement, whichever last occurs.” Read the court decision
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Reprinted courtesy of Wally Zimolong, Zimolong LLC
Mr. Zimolong may be contacted at wally@zimolonglaw.com

Newmeyer Dillion Named One of "The Best Places To Work In Orange County" by Orange County Business Journal

July 18, 2022 — Newmeyer Dillion
NEWPORT BEACH, Calif. – July 7, 2022 – Prominent business and real estate law firm Newmeyer Dillion is pleased to announce its inclusion as one of the "Best Places to Work in Orange County" for 2022. The rankings of the organizations named as the 2022 "Best Places to Work in Orange County" are included in a special July 2022 issue of the Orange County Business Journal. "The foundation of our firm has always been how our people value and commit to each other," said Managing Partner Paul Tetzloff. "That commitment, over almost 40 years, has entrenched a wonderful culture where our people are comfortable and happy to be a part of our team, and that has allowed us to continue to thrive and grow." The Best Places to Work in Orange County is a survey and awards program that honors employers in Orange County that are making their workplaces great. This is a project of the Orange County Business Journal in partnership with Workforce Research Group. About Newmeyer Dillion For over 35 years, Newmeyer Dillion has delivered creative and outstanding legal solutions and trial results that achieve client objectives in diverse industries. With over 60 attorneys working as a cohesive team to represent clients in all aspects of business, employment, real estate, environmental/land use, privacy & data security and insurance law, Newmeyer Dillion delivers holistic and integrated legal services tailored to propel each client's operations, growth, and profits. Headquartered in Newport Beach, California, with offices in Walnut Creek, California and Las Vegas, Nevada, Newmeyer Dillion attorneys are recognized by The Best Lawyers in America©, and Super Lawyers as top tier and some of the best lawyers in California and Nevada, and have been given Martindale-Hubbell Peer Review's AV Preeminent® highest rating. For additional information, call 949.854.7000 or visit www.newmeyerdillion.com. Read the court decision
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Texas exclusions j(5) and j(6).

April 27, 2011 — CDCoverage.com

In Evanston Ins. Co. v. D&L Masonry of Lubbock, Inc., No. 07-10-00358-CV (Tex. Ct. App. April 18, 2011), insured masonry subcontractor D&L sued its CGL insurer Evanston to recover costs incurred by D&L for the replacement of window frames damaged by D&L while performing masonry work adjacent to the window frames. The trial court granted summary judgment for D&L.

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Reprinted courtesy of CDCoverage.com

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2018 Super Bowl US. Bank Stadium in Minneapolis

February 07, 2018 — Dave Suggs - CDJ STAFF
After the collapse of the Viking’s previous stadium due to snow in 2010, it was clear that a new facility was needed to endure the Minnesota weather. The new U.S. Bank Stadium was built to withstand the harshest of weather conditions while also saving energy according to Marlene Cimons’ article “Cutting-Edge Design on Display at Super Bowl LII” featured on Nexus Media website. The stadium’s roof melts snow quickly by deflecting sunlight and because of its sharp pitch the snow slides easily into a big gutter. The roof also lets in sunlight which saves electricity and creates the feeling of being outdoors. Solar heating is used to recirculate warm air from above down to spectators below. “It is also the first NFL stadium to be built with LED lighting, which uses 75 percent less electricity than metal halide lighting typically deployed in stadiums.” The stadium is dedicated to becoming a zero-waste facility and currently saves water by using low-flow faucets. Sport and Sustainability chairman Allen Hershkowitz said of the stadium, “as one of the most visible sporting events in the world, the Super Bowl has a unique opportunity to promote environmental literacy and reduce cultural polarization related to climate change.” Read the court decision
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Modernist Houses Galore! [visual candy for architects]

February 25, 2014 — Melissa Dewey Brumback – Construction Law in North Carolina
Do you like modern architecture? Is Frank Lloyd Wright someone you wish you could have met? If so, then you’ll want to check out the new “Masters Gallery” of the North Carolina Modernist Houses (NCMH) group. With changes and additions announced this week, it’s Gallery is America’s largest open digital archive of Modernist houses, as well as the internationally known Modernist architects who designed them. Currently, the Gallery showcases over 30 architects with extensive house histories and over 10,000 photos. The Gallery is extensive and searchable and includes, among many other notables, Frank Gehry and, of course, Frank Lloyd Wright. Read the court decision
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Reprinted courtesy of Melissa Dewey Brumback, Construction Law in North Carolina
Ms. Brumback can be contacted at mbrumback@rl-law.com

PSA: Performing Construction Work in Virginia Requires a Contractor’s License

March 04, 2019 — Christopher G. Hill - Construction Law Musings
As a Virginia construction attorney, I often get calls for assistance in dealing with payment disputes. Frequently, these calls come from out of state contractors and subcontractors that have performed work in Virginia. One of the first questions that I ask is whether these contractors and subcontractors hold a contractor license from the Commonwealth of Virginia. While most do, some do not, likely because they are unaware of the requirement in Virginia that all contractors be licensed when performing work in the Commonwealth. While I haven’t done an exhaustive survey of the statutes and regulations of every state of the union on this point, the confused silence leads me to believe that such is not a requirement in every state. The most common reaction after “I had no idea I needed one” is that the general contractor holds a license so they did not think they needed to hold one. As I stated above, this is incorrect. Read the court decision
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Reprinted courtesy of The Law Office of Christopher G. Hill
Mr. Hill may be contacted at chrisghill@constructionlawva.com

California Case That Reads Like Russian Novel Results in Less Than Satisfying Result for Both Project Owner and Contractors

May 01, 2019 — Garret Murai - California Construction Law Blog
Sometimes you can see a train wreck coming a mile away. The next case, Design Built Systems v. Sorokine, Court of Appeal for the First District, Case Nos. A151264 and A152059 (February 26, 2019), is one of those cases. It also happens to read like a Tolstoy novel. The Beginning of the Train Wreck Alexei Sorokine and Elena Koudriavtseva, husband and wife, owned a single family home in San Rafael, California. Sorokine had acquired the house prior to his marriage to Koudriavtseva. In 2010, he traveled to Russia and, for reasons unexplained, has not been able to return. Following a landslide on the property in 2006, Sorokine entered into a construction contract with Design Built Systems to design and build a series of retaining walls. DBS was also retained to remedy a stop work notice issued by the City of San Rafael following work performed by others. Read the court decision
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Reprinted courtesy of Garret Murai, Wendel Rosen
Mr. Murai may be contacted at gmurai@wendel.com

FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES