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    Home Builders & Remo Assn of Fairfield Co
    Local # 0780
    433 Meadow St
    Fairfield, CT 06824

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    Local # 0740
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    Salem, CT 06420

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    Local # 0755
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    Building Expert News and Information
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    Florida “get to” costs do not constitute damages because of “property damage”

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    Fairfield, Connecticut

    Connecticut Supreme Court Finds Duty to Defend When Case Law is Uncertain

    October 12, 2020 —
    The Connecticut Supreme Court recently addressed whether an insurer has a duty to defend when faced with legal uncertainty as to whether coverage is owed: for example, when there is no Connecticut case law on point, and courts outside of the state have reached conflicting decisions. The Court suggested that an insurer, in these circumstances, should defend the insured, and should seek a declaratory judgment from a court as to whether coverage is owed. The issue in Nash St., LLC v. Main St. Am. Assurance Co.,[1] arose out of a home collapse in Milford, Connecticut. The owner of the home (Nash) hired a contractor (New Beginnings) to renovate the home. New Beginnings, in turn, retained a subcontractor to lift the house and to do concrete work on the foundation. While the subcontractor was lifting the house, the house shifted off the supporting cribbing and collapsed. Reprinted courtesy of Eric B. Hermanson, White and Williams and Austin D. Moody, White and Williams Mr. Hermanson may be contacted at hermansone@whiteandwilliams.com Mr. Moody may be contacted at moodya@whiteandwiliams.com Read the court decision
    Read the full story...
    Reprinted courtesy of

    Montana Federal District Court Finds for Insurer in Pollution Coverage Dispute

    October 24, 2021 —
    Applying Louisiana law, a recent federal court decision exemplifies why policyholders should thoroughly read claims-made policies to understand when notice is due to insurers and truthfully complete policy applications. In Admiral Insurance Company v. Dual Trucking, Inc.,1 the Court determined the insurer, Admiral Insurance Company (“AIC”), owed no duty to defend or indemnify Dual Trucking and Transport, LLC (“DTT”), Dual Trucking of Montana, LLC (“DTM”), and Dual Trucking, Inc. (“DTI”) (collectively, the “Dual Entities”) under two Environmental Impairment Liability Policies (“EIL Policies”) and four Contractor Pollution Liability Policies (“CPL Policies”). The Court justified its decision because the Dual Entities: 1) did not give notice during the 2012-2013 EIL Policy period; 2) had discovered or knew of, but did not disclose, potential pollution conditions before the inception of the 2013-2014 EIL Policy and before the expiration of the extended reporting period of the 2012-2013 EIL Policy; 3) failed to provide AIC with notice during the extended reporting period of the 2013-2014 EIL Policy of claims for which the Dual Entities were seeking coverage; and 4) materially misrepresented known facts on the CPL Policy applications. I. Factual Background. The Dual Entities were Louisiana-based companies that provided oilfield equipment rental services. In 2011, the Dual Entities leased land in Montana under three leases, collectively referred to as “the Bainville site.” Shortly afterward, the Dual Entities applied for, and AIC issued, an EIL Policy and two CPL Policies with a policy period of October 1, 2012, to October 1, 2013. AIC renewed all three policies for the October 1, 2013, to October 1, 2014, policy period. Read the court decision
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    Reprinted courtesy of Melanie A. McDonald, Saxe Doernberger & Vita
    Ms. McDonald may be contacted at MMcDonald@sdvlaw.com

    Appraisal Ordered After Carrier Finds Loss Even if Cause Disputed

    April 04, 2022 —
    The court ordered an appraisal when the parties differed on the amount of loss to the dwelling even when the carrier contended the dispute was over the cause of the loss. Khaleel v Amguard Ins. Co., No. 21 C 992, Memorandum Opinion and Order (N.D. Ill. Feb. 11, 2022). The order is here. Plaintiffs home was damaged by wind and hail. A claim was submitted to Amguard for damage to the roof. Amguard found there was hail damage to the soft metal vents on the roof and estimated repair costs to be $3,815.16. Amguard found no damage to the roof itself. Plaintiffs contended there was additional damage to the roof. Plaintiffs demanded an appraisal. Amguard rejected the appraisal demand, claiming that the damage to the roof was due to wear and tear, and therefore constituted an excluded cause under the Policy. Plaintiff filed suit. After Amguard answered, plaintiffs moved for judgment on the pleadings. 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

    Corvette museum likely to keep part of sinkhole

    June 26, 2014 —
    A massive sinkhole that swallowed eight prized sports cars at the National Corvette Museum has become such a popular attraction that officials want to preserve it — and may even put one or two of the crumpled cars back inside the hole. The board of the museum in Bowling Green, Kentucky, said Wednesday it is in favor of preserving a large section of the sinkhole that opened up beneath the museum in February. It happened when the museum was closed, and no one was injured. What started as a tragedy has turned into an opportunity to lure more people off a nearby interstate to visit the museum, which struggled in prior years to keep its doors open, museum officials said. Read the court decision
    Read the full story...
    Reprinted courtesy of Bruce Schreiner, Bloomberg

    Congratulations to Haight Attorneys Selected to the 2023 Southern California Super Lawyers List

    January 17, 2023 —
    Haight attorneys have been selected to the 2023 Southern California Super Lawyers list. Congratulations to: Read the court decision
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    Reprinted courtesy of Haight Brown & Bonesteel LLP

    CDJ’s #7 Topic of the Year: The Las Vegas Harmon Hotel Year-Long Demolition & Trial Begins

    December 31, 2014 —
    The 26-story tower in MGM’s $9 billion Las Vegas, Nevada CityCenter project, is being demolished piece by piece after a structural engineer reported that an earthquake of 7.7 could bring it down. While litigation began as early as 2010, the trial didn’t begin until October of 2014, and expectation is it will last through almost all of 2015 as well, according to Carri Geer Thevenot of the Las Vegas Review-Journal. Read the court decision
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    Reprinted courtesy of

    The Registered Agent Advantage

    October 22, 2014 —
    In the Commonwealth of Virginia, as in most states, all corporations, LLC’s or other corporate style entities are required to have a registered agent if they are to do business in the Commonwealth. The reasons for the requirement are many, but the main ones are taxation, service of process and communication from the Virginia State Corporation Commission (the “SCC”). Without such a registered agent, many rights, for example the right to prosecute a lawsuit, are not available to the unregistered entity. As a construction company that I hope is incorporated (if you aren’t you should do take this step), your registered agent can be an officer of the company, a company that meets the requirements of the SCC that allow it to act as a registered agent, or an attorney licensed in the Commonwealth of Virginia. It is this last category that you should carefully consider. Why do I think that a Virginia construction attorney is the best candidate for use as the registered agent of either a local or out of state contractor or subcontractor? As you might imagine from the title of this post, I’ll let you know. Read the court decision
    Read the full story...
    Reprinted courtesy of Christopher G. Hill, Law Office of Christopher G. Hill, PC
    Mr. Hill may be contacted at chrisghill@constructionlawva.com

    Real Estate & Construction News Roundup (10/23/24) – Construction Backlog Rebounds, Real Estate Sustainability Grows, and Split Incentive Gap Remains Building Decarbonizing Barrier

    November 18, 2024 —
    In our latest roundup, construction output decreased, office utilization unchanged, September apartment starts fell 15% from a year ago as developers pulled permits, and more!
    • Developers pulled permits for a seasonally adjusted rate of 398,000 apartments in buildings with five units or more, a 17.4% YOY drop and a 10.8% decrease compared to August 2024. (Leslie Shaver, Multifamily Dive)
    • Construction input prices decreased 0.9% in September due to dips in two of three energy subcategories, reflecting the trend of overall material price stabilization over the past 12 months. (Sebastian Obando, Construction Dive)
    • Thanks in part to the Federal Reserve’s lowering of the interest rate, construction backlog rebounded in September after slumping at the end of the summer. (Joe Bousquin, Construction Dive)
    Read the court decision
    Read the full story...
    Reprinted courtesy of Pillsbury's Construction & Real Estate Law Team