Fairfield Connecticut Building Expert Directory

New Case Law Alert: Licensed General Contractors Cannot Sue Owners to Recover Funds for Work Performed by An Unlicensed Subcontractor

May 30, 2022 — Michele A. Ellison & Samantha R. Riggen - Gibbs Giden
The opinion in Kim v. TWA Construction, Inc. (2022 Cal. App. LEXIS 412) issued by the Court of Appeal of California Sixth Appellate District, on May 13, 2022, makes it clear that a properly licensed general contractor cannot bring an action for compensation from an owner for work performed by an unlicensed subcontractor. California licensing law has long made explicit that an unlicensed contractor cannot bring or maintain any action to collect or recover compensation for work that contractor performed unless they were duly licensed at all times during the performance of that work. This new ruling extends the scope of this restriction to licensed contractors who hired unlicensed subcontractors. The Underlying Dispute The case involved a dispute between property owners and their former general contractor and its principal (collectively “TWA”). The property owners hired TWA to construct a home, and during the early stages of the project, TWA hired an unlicensed subcontractor to perform tree trimming services and to remove a large eucalyptus tree. The subcontractor partially removed the eucalyptus tree, but was stopped by a neighbor, and it was discovered that the tree was partly located on the neighbor’s property. The neighbor brought suit against the property owners, and eventually TWA, for the damage. The property owners subsequently filed a cross-complaint against TWA, and TWA in turn filed a cross-complaint against the property owners. Reprinted courtesy of Michele A. Ellison, Gibbs Giden and Samantha R. Riggen, Gibbs Giden Ms. Ellison may be contacted at mellison@gibbsgiden.com Ms. Riggen may be contacted at sriggen@gibbsgiden.com Read the court decision
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Texas Supreme Court Defines ‘Plaintiff’ in 3rd-Party Claims Against Design Professionals

September 10, 2014 — Beverley BevenFlorez-CDJ STAFF
According to attorney Matthew J. Mussalli, writing in Texas Lawyer, “In Jaster v. Comet II Construction on July 3, the Texas Supreme Court ruled how to construe the term ‘plaintiff’ in the context of claims against design professionals and under what circumstances a Certificate of Merit (COM) is required.” Mussalli explained that “the court narrowly construed the relevant statute contained in Chapter 150 of the Texas Civil Practice & Remedies Code and held that the plaintiff is just that—the plaintiff; not a defendant/third-party plaintiff nor a cross-claimant. Accordingly, builders, contractors and others who find themselves in the position of defending breach of contract, negligence or other claims and who seek to implead design professionals, need not file a COM with their third-party petitions or cross-claims against architects, engineers or other design professionals.” Read the court decision
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California Fears El Nino's Dark Side Will Bring More Trouble

September 17, 2015 — Brian K. Sullivan – Bloomberg
A group of drought experts gathered in California this week, and it wasn’t long before the conversation turned to El Nino. They weren’t touting it as the savior that will end the state’s four-year drought. Instead, they were looking at a darker scenario where the weather-changing phenomenon adds another year of dryness in the north while ravaging the south with floods. “What do you say when the governor asks you what to do? ‘You prepare for flood and drought because there is a possibility you can get both,”’ said Mike Anderson, state climatologist. Read the court decision
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Reprinted courtesy of Brian K. Sullivan, Bloomberg

Be Mindful Accepting Payment When Amounts Owed Are In Dispute

August 29, 2022 — Nicholas Korst - Ahlers Cressman & Sleight PLLC
After completing work on a project, or even during a project, it is not uncommon for some portion of the contract balance and/or a claim to be in dispute. As a contractor or subcontractor, it is important to be careful what is signed (or not signed) upon receipt of any payment both during and after completion of work on a project. One of the most common documents signed related to a receipt of payment is a lien/claim release document. This can be in the form of a conditional, unconditional, progress and/or final release. The language included in the release document is critically important, especially as it pertains to disputed amounts. As a contractor or subcontractor, if there are known disputes related to amounts owing, whether it be contract balance, disputed change order(s), a delay or inefficiency claim, or any other amounts believed to be owed, it is important to include language in the lien release that expressly carves out the disputed amounts. The same should be done for disputes related to extensions of time. This allows the contractor to accept the payment and release rights for the undisputed work, but continue to reserve its right to pursue the amounts in dispute later. If disputed amounts are not carved out, those amounts may effectively be waived and the subcontractor or contractor may lose all rights to recovery. As a subcontractor in Alaska recently learned, there are potentially other ways a contractor may waive or lose its rights to recover amounts in dispute – without even signing a waiver or release document. In Smallwood Creek, Inc. v. Build Alaska General Contracting, LLC et al., the general contractor sent the subcontractor a check described as “final payment.” The subcontractor believed it was owed more than what the general contractor had sent and refused to accept the check. Months later, the subcontractor deposited the check. The subcontractor reversed course again and attempted to repay the general contractor the amount deposited. The general contractor refused, claiming the subcontractor’s acceptance of payment constituted satisfaction of all amounts owing to the subcontractor. Read the court decision
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Reprinted courtesy of Nicholas Korst, Ahlers Cressman & Sleight PLLC
Mr. Korst may be contacted at nicholas.korst@acslawyers.com

The Oregon Tort Claims Act (“OTCA”) Applies When a Duty Arises from Statute or Common Law and is Independent from The Terms of a Specific Contract. (OR)

February 25, 2014 — Natasha Khachatourians – Scheer & Zehnder LLP Liability Newsletter
Case: Jenkins v. Portland Housing Authority, 260 Or.App. 26, 316 P.3d 369 (2013). Issue: Do tort claims arising from a rental agreement fall within the exemption from the definition of a tort under the OTCA? NO. Facts: Plaintiff rented an apartment in a public housing complex operated by the Portland Housing Authority (“PHA”). While walking in the hallway of the building, Plaintiff slipped on a puddle of water that had leaked from a broken washing machine in a nearby laundry room. Plaintiff fell and was injured. The trial court granted summary judgment to PHA, finding that the PHA was considered a public body under the OTCA and, as a result, enjoyed discretionary immunity from liability. The issue before the court was whether the OTCA applied to a claim under the Oregon Residential Landlord Tenant Act (“ORLTA”) since an ORLTA claim generally arises out of a rental agreement. Plaintiff did not plead breach of a specific provision of the rental agreement, and she conceded that she had alleged a breach of a legal duty resulting in injuries. Plaintiff argued, however, that her claim involved a duty arising from the rental agreement. As such, she contended her claim fell within the exception of the definition of a “tort” under OTCA, and thus the OTCA should not apply to give PHA discretionary immunity. Read the court decision
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Reprinted courtesy of Natasha Khachatourians, Scheer & Zehnder LLP
Ms. Khachatourians may be contacted at natashak@scheerlaw.com

Colorado House Bill 1279 Stalls over 120-day Unit Owner Election Period

April 20, 2017 — Luke Mecklenburg - Snell & Wilmer Real Estate Litigation Blog
With the session more than halfway through, the Colorado Legislature’s 2017 attempts at meaningful construction defect reform may fail again. This year, the Legislature did not attempt a single-bill construction defect overhaul like those that have failed over the last half-decade. Rather, it has sought to enact reforms on a piecemeal basis, with several smaller bills addressing specific issues that have been affecting condominium construction along Colorado’s booming Front Range. This new approach appears to be headed towards much the same outcome as the failed efforts of the past. House Bill 1169 would have given developers a statutory right to repair before being sued by homeowners, and Senate Bill 156 would mandate arbitration or mediation. Both have been assigned to the House State, Veterans, and Military Affairs Committee (often viewed as the “bill-kill committee”), and have little chance of being resuscitated this session. This was also the fate of House Bill 1279, but bipartisan support had many believing that it still had a chance of passing—at least until last week. House Bill 1279 would require an executive board of a homeowners association to satisfy several prerequisites before suing a developer or builder, namely to (1) notify all unit owners and the developer or builder against whom the lawsuit is being considered; (2) call an association meeting where the builder or developer could present relevant facts and arguments; and (3) get approval from the majority of the unit owners after providing detailed disclosures about the lawsuit, including the potential costs and benefits thereof. Read the court decision
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Reprinted courtesy of Luke Mecklenburg, Snell & Wilmer
Mr. Mecklenburg may be contacted at lmecklenburg@swlaw.com

Haight has been named a Metropolitan Los Angeles Tier 1 “Best Law Firm” and Tier 2 for Los Angeles and Orange County by U.S. News – Best Lawyers® “Best Law Firms” in 2022

November 08, 2021 — Haight Brown & Bonesteel LLP
Haight Brown & Bonesteel LLP is listed in the U.S. News – Best Lawyers® (2022 Edition) “Best Law Firms” list with six metro rankings in the following areas: Los Angeles

Tier 1

Insurance Law
Personal Injury Litigation – Defendants
Product Liability Litigation – Defendants
Product Liability Litigation – Plaintiffs

Tier 2

Personal Injury Litigation – Plaintiffs

Orange County

Tier 2

Product Liability Litigation – Defendants

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Reprinted courtesy of Haight Brown & Bonesteel LLP

Four White and Williams Lawyers Recognized as "Lawyer of the Year" by Best Lawyers®

September 19, 2022 — White and Williams LLP
White and Williams is proud to announce that Chuck Eppolito, Michael Kassak, Anthony Miscioscia and Christian Singewald have been recognized by U.S. News – Best Lawyers® as a “Lawyer of the Year” in their respective practices. "Lawyer of the Year" recognitions are awarded to individual lawyers with the highest overall peer-feedback for a specific practice area and geographic location. Chuck Eppolito was named in the area of Litigation - Heath Care in Philadelphia, PA. His practice consists primarily of medical malpractice defense as well as other insurance-related defense, including general negligence, electrical engineering and product liability issues in utilities cases. Chuck's clients include hospitals and physicians throughout Pennsylvania, utility companies and insurance carriers, including primary, excess and reinsurance, throughout the nation. Read the court decision
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Reprinted courtesy of White and Williams LLP

FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES