Fairfield Connecticut Building Expert Directory

Following My Own Advice

October 21, 2015 — Craig Martin – Construction Contractor Advisor
I often advise clients on the use of E-Verify and the importance of getting policies and in place to ensure compliance. This is particularly true for clients that do federal and state work. Now it’s my turn to follow my own advice. I was recently appointed to represent the Nebraska Board of Engineers and Architects. As such, I am a contractor for the State of Nebraska. That means I have to use E-Verify. Here is a refresher of “our” E-Verify obligations as a contractor for the State. Nebraska adopted an E-Verify law in 2009. Nebraska statute section 4-114 requires all contractors that are awarded a contract by a state agency or political subdivision to register with ta federal immigration verification system. Although not explicit in the statute, the Department of Labor has indicated that the obligation to E-Verify applies only to new employees that will be working on the project. Read the court decision
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Reprinted courtesy of Craig Martin, Lamson, Dugan and Murray, LLP
Mr. Martin may be contacted at cmartin@ldmlaw.com

Montreal Bridge Builders Sue Canada Over New Restrictions

April 13, 2017 — Scott Van Voorhis - Engineering News-Record
The consortium building the $3.2-billion Champlain Bridge in Montreal has sued Canada’s government for $93 million, claiming transportation officials gave it late notice of stricter load limits that could add to delay and make it liable for tens of millions of dollars in penalties, according to Canadian press reports and a stock analyst’s comments. A spokeswoman for the team’s lead firm, engineer-contractor SNC-Lavalin, confirms the March 28 filing in Quebec Superior Court but declined further comment. Read the court decision
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Reprinted courtesy of Scott Van Voorhis, ENR
ENR may be contacted at ENR.com@bnpmedia.com

Homebuilding Still on the Rise

December 20, 2012 — CDJ STAFF
The National Association of Home Builders reports that spending on private homes was up three percent in October 2012, bringing it to a four-year high. This was part of a trend in which fourteen of the last fifteen months have seen increases in spending on residential construction. Likewise, multifamily residences have seen thirteen months of increased spending, putting it 82% higher than its low, two years ago. In addition to new homes, remodeling is also up, reaching its highest point in five years. Read the court decision
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Michigan: Identifying and Exploiting the "Queen Exception" to No-Fault Subrogation

May 13, 2014 — Robert M. Caplan – White and Williams LLP
In Michigan, an employee’s entitlement to compensation for injuries sustained in a motor vehicle accident is governed by both the Workers’ Disability Compensation Act of 1969, MICH. COMP. LAWS ANN. § 418.801 et seq., and Chapter 31 of The Insurance Code of 1956, MICH. COMP. LAWS ANN. § 500.3101 et seq., commonly referred to as the “no-fault act.” Polkosnik v. United Canada Ins. Co., 421 N.W.2d 241, 242 (Mich. App. 1988). PIP1 benefits payable arising from a motor vehicle accident in Michigan include, principally, (1) medical benefits unlimited in amount and duration, and (2) 85% of lost wages for up to three years. See DEPARTMENT OF INSURANCE AND FINANCIAL SERVICES, Brief Explanation of Michigan No-Fault Insurance. As of October 2013, lost wages are capped at $5,282 per month. Id. Such benefits constitute an injured worker’s “economic loss.” See generally Wood v. Auto-Owners Ins. Co., 668 N.W.2d 353, 355 (Mich. 2003). Michigan’s no-fault legislation is no different than other no-fault legislation in regard to its purpose: The automobile insurer pays without any right of reimbursement out of any third party tort recovery. Sibley v. Detroit Auto. Inter-Ins. Exch., 427 N.W.2d 528, 530 (Mich. 1988). Moreover, just like in New York, for example, “where benefits are provided from other sources pursuant to state or federal law, the amount paid by the other source reduces the automobile insurer’s responsibility.” Id. at 530. Read the court decision
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Reprinted courtesy of Robert M. Caplan, White and Williams LLP
Mr. Caplan may be contacted at caplanr@whiteandwilliams.com

Eighth Circuit Affirms Judgment for Bad Faith after Insured's Home Destroyed by Fire

January 21, 2019 — Tred R. Eyerly - Insurance Law Hawaii
The Eighth Circuit affirmed the district court's judgment that the insurer acted in bad faith when it denied the insured's claim based upon misrepresentations in the application after destruction of his house by fire. Hayes v. Metropolitan Pro. and Cas. Ins. Co., 2018 U.S. App. LEXIS 31813 (8th Cir. Nov. 9, 2018). Hayes' home was insured by Met under a homeowner's policy. Hayes used the detached garage as part of a home base for his plumbing business. He also rented out the second and third levels of the residence to a tenant and her two children. When Hayes applied for the policy in 2007, Met argues he indicated on the application that the premises were not used to conduct business, and were not used as rental property. 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

More Construction Defects for San Francisco’s Eastern Bay Bridge Expansion

October 01, 2014 — Beverley BevenFlorez-CDJ STAFF
According to SF Gate, almost “every one of the 423 steel rods that anchor the tower of the new Bay Bridge eastern span to its base has been sitting in potentially corrosive water, Caltrans officials said Tuesday — one of the most serious construction defects found yet on the $6.4 billion project.” About a year ago, “steel rods crucial to seismic-stabilizing structures on the bridge snapped when they were tensioned.” Fixing those rods cost $25 million, while an additional $20 million had been spent determing if “additional rods and bolts are at risk of failing.” In regards to the latest construction defects discovered, Caltrans’ chief engineer on the project, Brian Maroney, stated, “It’s not acceptable, and we’re going to fix it.” Read the court decision
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Engineers Found ‘Hundreds’ of Cracks in California Bridge

January 24, 2014 — James Nash – Bloomberg News
Engineers spotted “hundreds” of cracks in welds on parts produced for the San Francisco-Oakland Bay Bridge in 2008 and were encouraged to stay quiet rather than delay the $6.4 billion project, according to a California Senate committee report. James Merrill, then a senior engineer with a quality assurance company known as Mactec, told Senate investigators that his complaints about work done at Shanghai Zhenhua Heavy Industry Co. Ltd. (900947), known as ZPMC, were rebuffed by managers of the California Department of Transportation as “too rigorous,” according to the report released yesterday. Read the court decision
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Reprinted courtesy of James Nash, Bloomberg News
Mr. Nash may be contacted at jnash24@bloomberg.net

No Conflict in Successive Representation of a Closely-Held Company and Its Insiders Where Insiders Already Possess Company’s Confidential Information

August 02, 2017 — Renata L. Hoddinott, David W. Evans, & Howard M. Garfield - Haight Brown & Bonesteel LLP
In Beachcomber Management Crystal Cove, LLC v. Superior Court (Salisbury) (No. G054078, filed June 28, 2017; pub. and mod. order July 28, 2017), the Fourth Appellate District granted a writ of mandate vacating a trial court’s order disqualifying defendants’ counsel. In Beachcomber, plaintiffs filed a shareholder derivative action against defendants Beachcomber Management and Douglas Cavanaugh (collectively, “defendants”) alleging defendants abused their position and mismanaged nominal defendant and similarly named Beachcomber at Crystal Cove (“Beachcomber”). Between 2009 and 2011, defendants and Beachcomber had each hired Kohut & Kohut LLP (“Kohut”) to represent them on at least four different occasions. In the underlying action, defendants hired Kohut again to represent them, while Beachcomber hired another law firm to represent it. Reprinted courtesy of Haight Brown & Bonesteel LLP attorneys Renata L. Hoddinott, David W. Evans and Howard M. Garfield Read the court decision
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FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES