Fairfield Connecticut Building Expert Directory

Insurer Obligated to Cover Preventative Remediation of Construction Defects

November 06, 2013 — CDJ STAFF
A recent Texas construction defect case gets covered on a blog post on the web site of Manatt, Phelphs & Phillps, LLC. In the case, the home builder built homes using EIFS which later had problems with mold, mildew, and structural damage. The home builder remediated all of the homes in the project, not just those that had experienced problems with the EIFS.The home builder’s insurers refused to cooperate. Various insurers settled with the home builder, leaving only Markel America Insurance Company. Markel refused coverage on the grounds that proactively replacing the EIFS to preclude damage meant that there was no damage for their policy to cover. The policy also read that “no insured, except at their own cost, [may] voluntary make any payment, assume any obligation, or incur any expense,” unless Markel agreed to it. But the Texas Supreme Court ruled that “Markel failed to prove that it was prejudiced in any way by the home builder’s settlements,” which was a necessary condition for the cited clause. The Texas Supreme Court ruled that Markel was obligated to indemnify the home builder. The court also concluded that the damage occurred during the coverage period and that “all 465 houses at issue suffered property damage during the policy period.” Read the court decision
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BWB&O Attorneys are Selected to 2024 Southern California Super Lawyers Rising Stars

July 22, 2024 — Bremer Whyte Brown & O'Meara LLP
BWB&O is proud to announce Senior Family Law Associate Pamchal Deylami, Newport Beach Partner Kyle Riddles, Newport Beach Partner Courtney Serrato, Newport Beach Associate Kevin Moore, Woodland Hills Associate Brian Taylor have been selected to the 2024 Southern California Super Lawyers list as Rising Stars for their work in Family Law, Civil Litigation, Business Litigation, and Personal Injury.

SELECTED AS RISING STARS Pamchal Deylami: 2020-2024 Kyle Riddles: 2024 Courtney Serrato: 2023-2024 Kevin Moore: 2021-2024 Brian Taylor: 2023-2024

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Reprinted courtesy of Bremer Whyte Brown & O'Meara LLP

Real Estate & Construction News Round-Up (10/27/21)

November 19, 2021 — Pillsbury's Construction & Real Estate Law Team - Gravel2Gavel Construction & Real Estate Law Blog
Commercial real-estate sales surge in the third quarter, blockchain-integrated real estate is poised to span into new sectors, a major home builder is teaming with a Texas startup to create a community of 100 3-D printed homes, and more.

In the not-too-distant future, it is predicted blockchain-integrated real estate will be implemented in sectors beyond payments via digital currency, spanning to automated transactions, smart contracts, and more. (Adam Redolfi, Forbes)
Despite warnings that the COVID-19 pandemic would erode property values, purchases of apartment buildings, life-science labs and industrial properties resulted in commercial sales of more than $193 billion in the quarter, up 19% compared with the same three months in 2019. (Peter Grant, The Wall Street Journal)

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

The Starter Apartment Is Nearly Extinct in San Francisco and New York

October 28, 2015 — Patrick Clark – Bloomberg
So you’re looking for a one-bedroom apartment in San Francisco, and you have about $2,000 a month to spend. You know the city’s median rent is more than $4,200 a month, but median means half the apartments cost less. Surely there are larger, more expensive apartments pulling up the midpoint. Perhaps. But there’s a reason Google employees are sleeping in their trucks. Ninety-one percent of one-bedroom apartments in San Francisco cost more than $2,000 a month. Perhaps more surprising is the number of apartments that occupy the high end of rental rates: In Manhattan, a fifth of one-bedrooms rent for more than $4,000. Read the court decision
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Reprinted courtesy of Patrick Clark, Bloomberg

Massachusetts Clarifies When the Statute of Repose is Triggered For a Multi-Phase or Multi-Building Project

December 07, 2020 — Jeffrey J. Vita & Anna M. Perry - Saxe Doernberger & Vita, P.C.
Lennar Hingham Holdings, LLC (“Lennar”) built a twenty-eight-building, 150-unit condominium project containing twenty-four discrete phases over a seven-year span. The condominium association subsequently brought an action against Lennar and others alleging design and construction defects to four main components of the common elements: “decks and columns,” “roofing/flashing,” “exterior walls/flashing/building envelope,” and “irrigation system.” In response, the defendants argued that the plaintiff’s claims with respect to six of the twenty- eight buildings were barred by Massachusetts’s six-year statute of repose, G. L. c. 206 § 2B. The United States District Court for the District of Massachusetts previously held that all twenty-eight of the condominium’s buildings should be treated as a single improvement for purposes of application of the statute of repose. Subsequently, the court certified the following question to the Massachusetts Supreme Judicial Court: Where the factual record supports the conclusion that a builder or developer was engaged in the continuous construction of a single condominium development comprising multiple buildings or phases, when does the six-year period for an action of tort relating to the construction of the condominium’s common or limited common elements start running? Reprinted courtesy of Jeffrey J. Vita, Saxe Doernberger & Vita, P.C. and Anna M. Perry, Saxe Doernberger & Vita, P.C. Mr. Vita may be contacted at JVita@sdvlaw.com Ms. Perry may be contacted at APerry@sdvlaw.com Read the court decision
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Ninth Circuit Holds that 1993 Budget Appropriations Language Does Not Compel the Corps of Engineers to use 1987 Wetlands Guidance Indefinitely

October 09, 2018 — Anthony B. Cavender - Gravel2Gavel
On September 21, 2018, the U.S. Court of Appeals for the Ninth Circuit decided the case of Tin Cup, LLC v. U.S. Army Corps of Engineers. A divided panel of the Court of Appeals (although all members concurred in the result) held that legislative language in a 1993 appropriations act does not require the U.S. Army Corps of Engineers (Corps) to continue to use its 1987 Clean Water Act (CWA) wetlands guidance beyond 1993. The Ninth Circuit noted that it approaches the interpretation of budget bills somewhat differently. 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

Kushner Company Files Suit Against Jersey City Over Delays to Planned Towers

July 10, 2018 — Associated Press - Engineering News-Record
JERSEY CITY, N.J. (AP) — Jared Kushner's family company has filed a lawsuit against a New Jersey city, saying it forced the delay of a major twin-tower project due to "political animus" toward President Donald Trump. Read the court decision
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Reprinted courtesy of Engineering News-Record
ENR staff may be contacted at ENR.com@bnpmedia.com

Create a Culture of Safety to Improve Labor Recruitment Efforts

September 12, 2022 — Grant Robbins - Construction Executive
The commercial construction industry must rely on skilled labor to survive. Skilled labor, however, is hard to come by. In fact, many construction firms report projects being delayed because of shortages in the workforce. Part of the problem is training. Few companies have the time, resources or opportunities to train new construction workers. But the biggest reason for the labor shortage in the construction industry is simply a lack of people joining the trades. Decades ago, construction was a respected career choice. Over the years, however, the pressure to get into a four-year college has created negative perceptions of working in the trades. Some commercial construction companies choose to work with fewer crews as a result of the lack of skilled labor, therefore limiting the number of jobs they can handle. The labor shortage in the construction industry has simply made it nearly impossible to find subcontractors to adequately staff upcoming projects (one survey found that 35% of contractors had to turn down jobs due to a lack of skilled laborers). This then leads to hikes in construction costs and delays in scheduling, which can take a major toll on business. Reprinted courtesy of Grant Robbins, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES