FAIRFIELD CONNECTICUT BUILDING EXPERT
DIRECTORY AND CAPABILITIES

Competition to Design Washington D.C.’s 11th Street Bridge Park

May 07, 2014 — Beverley BevenFlorez-CDJ STAFF
According to Architect Magazine, eighty landscape architecture and architecture firms (forty teams) submitted proposals to design the $25-million Washington D.C. 11th Street Bridge Park project. A jury has shortlisted six design teams: “Wallace Roberts & Todd (WRT)/Next Architects, Piet Oudolf with Glenn LaRue Smith/PUSH Studio/WXY Architecture + Urban Design, OLIN/OMA, Workshop: Ken Smith Landscape/Davis Brody Bond, Stoss Landscape Urbanism/Höweler + Yoon Architecture, and Balmori Associates/Cooper, Robertson & Partners.” The “nonprofit Building Bridges Across the River at THEARC (Town Hall Education Arts Recreation Campus) and the District's Office of Planning” launched the competition in March of this year. Architect Magazine stated that “the goal of” the project is to unify “what some call a ‘long-divided city,’ by connecting Capitol Hill and Anacostia, the neighborhoods on either side of the river.” Read the court decision
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Litigation Roundup: “You Can’t Make Me Pay!”

August 19, 2024 — Daniel Lund III - Lexology
The foregoing is an accurate statement, generally speaking, for Louisiana public entities. Statutory and constitutional provisions in Louisiana protect public entities from being forced to pay monies – including satisfying court judgments – when the monies have not been specifically allocated for the purpose. Correspondingly, there is ordinarily no means to seize public assets to satisfy judgments. On the other hand, writs of mandamus in Louisiana – actions designed to compel a public official to undertake a ministerial duty over which the public official has no discretion – can be aimed at forcing a public official (on behalf of the public entity) to pay money. In an inverse condemnation case, plaintiffs prevailed on the theory that a Louisiana public entity had “damaged and interfered with their use and enjoyment of their private homes and church” during a New Orleans drainage project. The plaintiffs pursued a writ of mandamus to compel payment their approximately $1.5 million judgment for damages and fees as a “ministerial duty” of the public entity. To be sure, in connection with the judgment, the public entity had not at any time specifically allocated funds for the payment. Read the court decision
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Reprinted courtesy of Daniel Lund III, Phelps
Mr. Lund may be contacted at daniel.lund@phelps.com

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Fourth Circuit Holds that a Municipal Stormwater Management Assessment is a Fee and Not a Prohibited Railroad Tax

April 22, 2019 — Anthony B. Cavender - Gravel2Gavel
On February 15, the U.S. Court of Appeals for the Fourth Circuit decided Norfolk Southern Railway Co. v. City of Roanoke, et al.; the Chesapeake Bay Foundation was an Intervenor-Defendant. The Fourth Circuit held that a large stormwater management fee (stated to be $417,000.00 for the year 2017) levied by the City of Roanoke against the railroad to assist in the financing of the City’s permitted municipal stormwater management system was a permissible fee and not a discriminatory tax placed on the railroad. The Railroad Revitalization and Regulatory Reform Act of 1976 specifically provides that states and localities may not impose any tax that discriminates against a rail carrier, 49 U.S.C. § 11501. Accordingly, the issue confronting the Fourth Circuit was whether the assessment was fee and not a tax. Read the court decision
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Reprinted courtesy of Anthony B. Cavender, Pillsbury
Mr. Cavender may be contacted at anthony.cavender@pillsburylaw.com

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Professor Senet’s List of 25 Decisions Every California Construction Lawyer Should Know:

January 17, 2022 — Ted Senet - Gibbs Giden

1. Aas v. Superior Court (2000) 24 Cal. 4th 627 – economic loss rule
2. Amelco Electric v. City of Thousand Oaks ( (2002) 27 Cal. 4th 228 – abandonment does not apply to public works – total cost theory is allowed
3. Beacon Residential Community Association v. Skidmore, Owings & Merrill (2014) 59 Cal. 4th 568 – architect liable in absence of privity
4. Cates Const., Inc. v. Talbot Partners (1999) 21 Cal.4th 28 – no tort recovery on bonds – performance bonds can cover contract warranties
5. Condon-Johnson & Associates, Inc. v. Sacramento Municipal Utility Dist., 149 Cal. App. 4th 1384 – liability for concealed conditions
6. Connolly Development, Inc. v. Superior Court of Merced County (1976) 17 Cal. 3d 803 – mechanic lien remedy is constitutional
7. Crawford v. Weather Shield Mfg. (2008) 44 Cal. 4th 541 – indemnity implies obligation to defend [now limited to commercial contracts under CCP 2782 (c)–(h)]

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Reprinted courtesy of Ted Senet, Gibbs Gidden
Mr. Senet may be contacted at tsenet@gibbsgiden.com

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A Court-Side Seat: Coal-Fired Limitations, the Search for a Venue Climate Change and New Agency Rules that May or May Not Stick Around

February 15, 2021 — Anthony B. Cavender - Gravel2Gavel
This is a brief review of recent significant environmental and administrative law rulings and developments. With the change in presidential administrations, the fate of at least some of the newly promulgated rules is uncertain. THE U.S. SUPREME COURT BP PLC v. City and County of Baltimore On January 19, 2021, the Court heard oral argument in BP PLC v. City and County of Baltimore. The respondents filed a Greenhous Gas Climate Change lawsuit in state court, alleging that BP, like other energy companies, is liable for significant damage caused by the sale and promotion of petroleum products while knowing that the use of these products and the resulting release of greenhouse gases damages the environment and public property. Several similar lawsuits have been filed in state courts, pleading common law violations as well as trespass and nuisance law violations The energy companies have tried, unsuccessfully to date, to remove these cases to federal court. The petitioners argue that the federal removal statutes allow the federal courts of appeal to review the lower court’s remand, thus opening the possibility that some of the issues presented in these cases can be tried in federal court, presumably a friendlier forum. A decision on this procedural issue should be rendered in a few months. Read the court decision
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Reprinted courtesy of Anthony B. Cavender, Pillsbury
Mr. Cavender may be contacted at anthony.cavender@pillsburylaw.com

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Classify Workers Properly to Avoid Expensive Penalties

April 25, 2022 — Martin C. McCarthy - Construction Executive
Business owners must carefully consider how the people working for them are classified. There is a fine line between being identified as a contractor or employee on the job. Owners must know the difference to avoid being penalized. Worker classification determines if an employer must withhold income taxes and pay Social Security, Medicare taxes and unemployment tax on wages paid to an employee. Businesses do not have to withhold or pay any taxes on payments to independent contractors. The earnings of a person working as an independent contractor are subject to self-employment tax. There are federal and state rules for determining if a person is an employee or contractor. Employers must follow both sets of guidelines when classifying workers. Reprinted courtesy of Martin C. McCarthy, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Mr. McCarthy may be contacted at marty.mccarthy@mcc-cpas.com Read the court decision
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Real Estate & Construction News Roundup (10/18/23) – Zillow’s New Pilot Program, Production Begins at Solar Panel Plant in Georgia, and More Diversity on Contracts for Buffalo Bills Stadium

November 27, 2023 — Pillsbury's Construction & Real Estate Law Team - Gravel2Gavel Construction & Real Estate Law Blog
In our latest roundup, Netflix announces plans to open brick-and-mortar locations, NYU develops a way to examine buildings using drones, robots and AI, distressed U.S. commercial real estate hits a 10-year high, and more!

• Zillow is piloting a new program in Arizona offering new home buyers thousands of dollars to help them with their down payments. (Oliver Staley, TIME)
• After an initial backlash regarding workforce diversity, a Gilbane-Turner joint venture has given 40% of contracts on the new Buffalo Bills’ stadium to minority-, women- or service-disabled veteran-owned companies. (Joe Bousquin, Construction Dive)
• To ensure easier compliance with New York City’s Local Law 97, researchers at NYU are developing a method using drones, robots and AI to examine building exteriors for leaks. (Nish Amarnath, Construction Dive)

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Reprinted courtesy of Pillsbury's Construction & Real Estate Law Team

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Construction Contractors Must Understand Retainage In 2021

May 24, 2021 — Ed Williams - Construction Executive
Retainage has become a vital part of the contracting and construction process. If defined precisely, retainage is a practice of withholding a particular percentage of the payment until the project is delivered. However, the practice can turn to be a challenge for small contractors, as it is laid over a lack of trust in the potential and abilities of a contractor, which might cause financial downtime at the later stages of the project when contractors need to pay bills. Since 2020 proved to be a tough year for the entire construction industry, project owners, general contractors and construction firms new to the industry must understand what exactly retainage is. It is equally important for small contractors and subcontractors to understand the right way to manage the retainage. Reprinted courtesy of Ed Williams, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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