Fairfield Connecticut Building Expert Directory

Experts: Best Bet in $300M Osage Nation Wind Farm Dispute Is Negotiation

March 11, 2024 — Daniel Tyson - Engineering News-Record
Nearly two months after a federal judge ruled that renewables developer Enel Green Power North America must deconstruct 84 land-based wind turbines because it did not secure mineral rights on Osage Nation land in northern Oklahoma, two energy sector attorneys say the unit of an Italy-based company must negotiate with the tribe. Reprinted courtesy of Daniel Tyson, Engineering News-Record Mr. Tyson may be contacted at tysond@enr.com Read the full story... Read the court decision
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Sometimes You Get Away with Default (but don’t count on it)

July 27, 2020 — Christopher G. Hill - Construction Law Musings
As an almost universal rule here in Virginia, failing to show up for court or respond to a lawsuit is a bad idea. Consequences include default judgment against you without the right to defend or make your case. Courts simply enter judgment and the consequences of that judgment will follow. However, and as is often the case around here, there are small exceptions where the courts of Virginia allow the defaulting party off the hook. Sullivan Mechanical Contractors, Inc. v. KBE Building Corporation is just such a case. In Sullivan Mechanical, the Federal District Court for the Western District of Virginia was faced with a Motion to Vacate Default Judgment from KBE. The facts are laid out in the opinion, but basically come down to the usual subcontractor not paid by the general contractor and general contractor has reasons for non-payment. Subcontractor, Sullivan Mechanical, sued KBE and KBE failed to respond in a timely manner. One day after the deadline for response had passed, Sullivan moved for entry of default and the clerk entered the default that same day. KBE moved to vacate the default a mere 6 days after entry of default. 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

Axa Buys London Pinnacle Site for Redesigned Skyscraper

February 26, 2015 — Dalia Fahmy and Patrick Gower – Bloomberg
(Bloomberg) -- Axa Real Estate Investment Managers, the property unit of Europe’s largest insurer, has bought the London site of the halted Pinnacle skyscraper and plans to build a tower of its own design. The building at 22 Bishopsgate will have more than 1 million square feet (93,000 square meters) of offices, shops and restaurants, the Paris-based company said in a statement Friday. It’s paying 300 million pounds ($460 million) for the property, according to a person with knowledge of the matter who asked not to be identified because the information is private. Reprinted courtesy of Dalia Fahmy, Bloomberg and Patrick Gower, Bloomberg Read the court decision
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A Changing Climate for State Policy-Making Regarding Climate Change

February 18, 2020 — Sheila McCafferty Harvey - Gravel2Gavel Construction & Real Estate Law Blog
Issued by 13 federal agencies, the 2018 Fourth National Climate Assessment presented a stark warning on the consequences of climate change for the United States. The report predicts that if significant steps are not taken to rein in global warming, the damage will reduce the U.S. economy by as much as 10 percent by the end of the century. The report, which was mandated by Congress and made public by the White House, is notable not only for the precision of its calculations and bluntness of its conclusions—the 1,656-page assessment lays out the devastating effects of a changing climate on the economy—but also in how it conflicts with President Donald Trump’s environmental deregulation plan. U.S. policy efforts at the state and local levels are ramping up to address this complex topic. These include: Targeting Net-Zero Emissions. Hailed as the most aggressive climate law in the nation, New York State’s Climate Leadership and Community Protection Act are targeting 100 percent carbon-free electricity by 2040 and economy-wide, net-zero carbon emissions by 2050. California set a statewide target to reach carbon neutrality by 2045. Reducing and Renewing. New Mexico established a statewide goal of reducing greenhouse gas emissions by 45 percent below 2005 levels by 2030. Nevada passed a bill to increase the amount of electricity it gets from renewable resources to 50 percent by 2030. Read the court decision
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Reprinted courtesy of Sheila McCafferty Harvey, Pillsbury
Ms. Harvey may be contacted at sheila.harvey@pillsburylaw.com

Canada Cooler Housing Market Boosts Poloz’s Soft Landing

April 15, 2014 — Greg Quinn – Bloomberg
Declines in housing starts and building permits data suggest Canada is headed for the soft landing in real estate that policy makers have forecast, damping concern that a rapid fall in home prices could hobble the world’s 11th-largest economy. Home construction dropped 18 percent in March to the lowest annual pace since the 2009 recession, Canada Mortgage & Housing Corp. said from Ottawa today. Residential building permits also dropped 21 percent in February from January’s record high, Statistics Canada said in a separate report. Bank of Canada Governor Stephen Poloz has said the housing market is heading for a “soft landing” with consumer debts as a share of income stabilizing around record highs. The International Monetary Fund said today that house prices and household finances remain a “key vulnerability” for Canada. Read the court decision
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Reprinted courtesy of Greg Quinn, Bloomberg
Mr. Quinn may be contacted at gquinn1@bloomberg.net

Pennsylvania’s Supreme Court Clarifies Pennsylvania’s Strict Liability Standard

January 14, 2015 — William Doerler and Edward Jaeger, Jr. – White and Williams LLP
In Tincher v. Omega Flex, Inc., -- A.3d --, 2014 WL 6474923 (Pa. Nov. 19, 2014), the Supreme Court of Pennsylvania discussed the Commonwealth of Pennsylvania’s products liability law and, overturning prior precedent, clarified the law. In particular, the Court, overturned Azzarello v. Black Brothers Company, 480 Pa. 547, 391 A.2d 1020 (1978), clarified the role of the judge and the jury in products liability cases and settled the question of whether Pennsylvania would adopt the Restatement (Third) of Torts: Products Liability §§ 1, et. seq. (Third Restatement) as the standard for deciding Pennsylvania products liability cases. The Tincher decision makes clear that Pennsylvania will continue to apply § 402A of the Restatement (Second) of Torts (Second Restatement) in products liability cases and that jurors, not the court, will decide the question of whether a product is in a defective condition. Plaintiffs may prove that a product is defective using either the consumer expectations test or the risk-utility test. Background The Tincher case arose out a fire that occurred at the home of Terrance and Judith Tincher on June 20, 2007. The Tinchers alleged that the fire started when a lightning strike near their home caused a small puncture in corrugated steel tubing (CSST) carrying natural gas to a fireplace located in their home. The defendant, Omega Flex, Inc. (Omega Flex) manufactured the CSST. Reprinted courtesy of William Doerler, White and Willams LLP and Edward Jaeger, Jr., White and Williams LLP Mr. Doerler may be contacted at doerlerw@whiteandwilliams.com; Mr. Jaeger may be contacted at jaegere@whiteandwilliams.com Read the court decision
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Florida Condos Bet on Americans Making 50% Down Payments

October 29, 2014 — John Gittelsohn – Bloomberg
Jorge Perez crashed along with the real estate market, then regained his crown as Florida’s “Condo King” by building new projects with 50 percent deposits from foreign buyers. Now, for his next development, he’s looking to wealthy Americans. In December, he’ll begin marketing the Auberge Beach Residences and Spa Fort Lauderdale, a $500 million oceanfront project 35 miles (56 kilometers) north of Miami. He expects as many as two-thirds of the buyers to come from the U.S. or Canada. All future owners must pay hefty deposits to finance construction by Perez’s Related Group, Fortune International Group and Fairwinds Group in a partnership that the companies plan to announce tomorrow. “The U.S. buyers have made up an increasing share of luxury beachfront condominiums and, like our foreign buyers, they have shown little resistance to larger deposits,” Perez said in an e-mail. “Most feel that if they can’t put a 50 percent down payment, they probably should not be buying.” Read the court decision
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Reprinted courtesy of John Gittelsohn, Bloomberg
Mr. Gittelsohn may be contacted at johngitt@bloomberg.net

Mediation Fails In Federal Lawsuit Seeking Damages From Sureties for Alleged Contract Fraud

August 17, 2020 — Richard Korman - Engineering News-Record
After mediation failed, a federal whistle blower lawsuit over alleged fraud against two contractors, which also targets sureties and a surety bond producer, is moving forward. The parties have asked a U.S. district court judge in Washington, D.C. to rule on outstanding motions in preparation for a possible trial. Richard Korman, Engineering News-Record Mr. Korman may be contacted at kormanr@enr.com Read the full story... Read the court decision
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FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES