Fairfield Connecticut Building Expert Directory

Water Intrusion Judged Not Related to Construction

October 09, 2013 — CDJ STAFF
A Wisconsin couple has lost their lawsuit against the city of Stoughton. Jerry and Maxine King claimed that construction of the Stoughton Fire Station lead to flooding of their basement. The city conceded that in 2008, the contractor failed to “have in place some of the measures that could have prevented the water from running onto the King property.” The contractor’s insurance company compensated the Kings. Subsequently, the Kings complained of further water damage. But Matt Dregne, Stoughton’s attorney, said that the Kings “didn’t repair the basement.” The judge in the case dismissed the suit with prejudice, disallowing any further suits from the Kings on these circumstances. Read the court decision
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Renovate or Demolish Milwaukee’s Historic City Hall?

July 02, 2014 — Beverley BevenFlorez-CDJ STAFF
Milwaukee, Wisconsin’s City Hall, which according to the New York Times is “one the largest of its kind in the country,” is “slowly sinking.” However, residents are debating whether it is worth the millions to renovate—especially considering that despite $76 million spent in 2006 to restore the building’s exterior, a terra cotta urn fell into the street in 2011 resulting in a lawsuit against the contractor. The main problem with the building is that “old wooden pilings that support the base of City Hall, timbers anchored deep into the marshy soil more than a hundred years ago, are decaying,” the New York Times reported. “So far, the northeast corner of the aging structure has ‘settled’ 2.16 inches over the past three decades — a small change, but serious enough to raise concerns about the possibility of more structural problems.” However, proponents of renovation mention the building’s rich history. In 1895 when the City Hall was built, it was “the third-tallest structure in the country at the time, behind the Philadelphia City Hall and the Washington Monument.” The German Renaissance Revival building features a 400-foot clock tower, which “is most fondly remembered for its role in the opening credits of the sitcom ‘Laverne & Shirley.’” “Buildings like this are salvageable,” Dennis Barthenheier, a contractor who has used concrete to reinforce the pilings of nearly two dozen sinking structures in downtown Milwaukee, told the New York Times. “But it’s not a cheap date.” Read the court decision
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Hawaii Appellate Court Finds Appraisers Limited to Determining Amount of Loss

April 25, 2023 — Tred R. Eyerly - Insurance Law Hawaii
The Hawaii Intermediate Court of Appeals determined that appraisers cannot decide what amount is owed by the insurer after loss, but are limited to finding the amount of the loss. Krafchon v. Dongbu Ins. Co., Ltd., 2023 Haw. App. LEXIS 43 (Haw. Ct. App. Feb. 17, 2023). The insureds owned three structures on the property on Maui: the Villa; the Cottage; and the Garage. The three structures were insured under homeowners and dwelling fire policies issued by Dongbu. When the structures were damaged by wildfire, Dongbu tendered over $300,000 under a reservation of rights, pending preparation of a final settlement. There was disagreement over the total amount of the loss. The insureds invoked the appraisal provision of the policies. When Dongbu failed to appoint an appraiser, the insureds sued. The trial court granted the insureds' motion to compel appraisal. Read the court decision
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Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

Victoria Kajo Named One of KNOW Women's 100 Women to KNOW in America for 2024

May 13, 2024 — Lewis Brisbois Newsroom
Los Angeles, Calif. (April 30, 2024) – Los Angeles Partner Victoria Kajo has been named to global media company KNOW Women's 2024 100 Women to KNOW in America list, which honors the top 100 female leaders across North America. The honorees were recognized at the annual KNOW Women Summit, held from April 21-23 at The Palomar Hotel in Phoenix, Arizona. The annual 100 Women to KNOW in America award, presented by JPMorgan Chase, recognizes women entrepreneurs, executives, creatives, and philanthropists who "exemplify what it means to be high achieving and ambitious on the next level and who continue to pour into their communities as they do so," according to KNOW Women. Ms. Kajo was selected as one of this year's honorees following a nomination and interview process. Ms. Kajo is a member of Lewis Brisbois' Professional Liability Practice. She has extensive experience with professional liability litigation, having defended lawyers, design professionals and real estate professionals against claims of alleged negligent acts and omissions in the performance of their professional services. Ms. Kajo also has broad experience in general civil litigation matters involving errors and omissions, real estate, wrongful foreclosures, labor and employment law, civil rights, fraud, personal injury, breach of contract and unlawful detainer matters, amongst others. Read the court decision
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Reprinted courtesy of Lewis Brisbois

Portion of Washington State’s Prevailing Wage Statute Struck Down … Again

July 04, 2023 — Brett Hill & Mason Fletcher - Ahlers Cressman & Sleight
In 2018, the Washington Legislature amended its prevailing wages statute adopting S.S.B 5493 and codified as RCW 39.12.015(3). RCW 39.12.015(3) changed how the Washington State Department of Labor and Industries’ industrial statistician set the prevailing wages for employees on public works projects, from a county-by-county basis to a “geographic jurisdiction” basis established in collective bargaining agreements (“CBA”) or if multiple CBAs, the CBA with the higher wage would prevail. This change proved problematic for contractors since it allowed a minority of employees to determine the prevailing wage through side agreements and limited meaningful wage negotiations by industry trade groups. Contrary to the previous rule wherein wages were set by the average or majority wage rate in a certain county (which was normally the collectively bargained wage) and provided some flexibility to the industrial statistician in determining the prevailing wage, now, RCW 39.12.015(3)(a) directs the industrial statistician to “establish the prevailing rate of wage by adopting the hourly wage … paid for the geographic jurisdiction established in [CBAs],” removing flexibility, and requiring the inclusion of CBA (which could encompass multiple counties) wage rates as a part of the prevailing wage formula. Reprinted courtesy of Brett Hill, Ahlers Cressman & Sleight and Mason Fletcher, Ahlers Cressman & Sleight Mr. Hill may be contacted at brett.hill@acslawyers.com Mr. Fletcher may be contacted at mason.fletcher@acslawyers.com Read the court decision
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Musk Backs Off Plan for Tunnel in Tony Los Angelenos' Backyard

December 19, 2018 — Sarah McBride & Edvard Pettersson - Bloomberg
Elon Musk’s futuristic tunneling company, Boring Co., is no longer embroiled in a lawsuit with the residents of West Los Angeles. A May lawsuit aimed at stopping the Boring Co.’s proposed tunnel under Sepulveda Boulevard has been settled, according to a notice filed at the Superior Court of Los Angeles County. Neighbors in the Brentwood and Sunset Boulevard areas, near the proposed tunnel, had sued the City of Los Angeles over the Boring Co.’s plans to build a test tunnel without going through an environmental review process, as recommended in April by the city’s public works committee. Read the court decision
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Reprinted courtesy of Sarah McBride & Edvard Pettersson, Bloomberg

Senate Overwhelmingly Passes Water Infrastructure Bill

November 06, 2018 — Tom Ichniowski – Engineering News-Record
Congress has approved major water infrastructure legislation that authorizes $3.7 billion for new Army Corps of Engineers civil-works projects and $4.4 billion for the Environmental Protection Agency drinking-water program. Read the court decision
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Reprinted courtesy of Tom Ichniowski, ENR
Mr. Ichniowski may be contacted at ichniowskit@enr.com

California’s One-Action Rule May Apply to Federal Lenders

June 09, 2016 — Anthony J. Carucci – Snell & Wilmer Real Estate Litigation Blog
California’s one-action rule provides that “[t]here can be but one form of action for the recovery of any debt or the enforcement of any right secured by mortgage upon real property or an estate for years therein . . . .” Cal. Code Civ. Proc. § 726(a). In other words, the one-action rule prescribes that the only process for recovery of a debt secured by a mortgage or deed of trust is to foreclose on the lien. The rule aims to prevent a multiplicity of actions and vexatious litigation, and to force a beneficiary to look to all of the security as the primary fund for payment of a debt before looking to the trustor’s other assets. Read the court decision
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Reprinted courtesy of Anthony J. Carucci, Snell & Wilmer
Mr. Carucci may be contacted at acarucci@swlaw.com

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