FAIRFIELD CONNECTICUT BUILDING EXPERT
DIRECTORY AND CAPABILITIES

The Rise Of The Improper P2P Tactic

September 18, 2023 — Tim Capowski - Kahana Feld
About a year ago a colleague brought my attention to the increase in irrelevant, inflammatory, scandalous, and improper language in plaintiff pleadings in catastrophic injury, fire, and death cases. Since that time, the problem has only intensified around the country. The purpose of this improper practice is multifaceted, and has nothing to do with properly or sufficiently pleading a lawsuit. Primarily, it is designed to create ready-made and targeted sensational content for news organizations to publish and re-publish (and for news bots to disseminate) to poison the future jury pool. The lay public interprets this content as imbued with credibility not only because it emanates from sworn or verified court filings but because it carries the further patina afforded by multiple news sources’ reliance on it. This method of pleading-to-press (hereinafter “P2P”) publicity attack carries far more weight than mere press conference allegations. Ironically, P2P is demonstrably wrong because a plaintiff counsel making the identical assertions at a press conference or via a press release during litigation would be subject to libel claims (litigation privilege does not attach), gag orders, and professional misconduct referrals in most jurisdictions. Just like the Reptile attacks are simply a repackaged variant of the long precluded “Golden Rule” tactic, the P2P attacks are nothing more than a very clever but highly improper way to circumvent the press conference publicity impropriety; the defense bar and judiciary simply haven’t caught up with it yet. Read the court decision
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Reprinted courtesy of Tim Capowski, Kahana Feld
Mr. Capowski may be contacted at tcapowski@kahanafeld.com

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A Look at Business and Professions Code Section 7031

July 09, 2014 — Beverley BevenFlorez-CDJ STAFF
Garret Murai, on his California Construction Law Blog, stated that California’s Business and Professions Code Section 7031 has often been described as draconian, harsh, and unjust—but still enforceable. The section does two things: first, it “prohibits unlicensed or improperly licensed contractors from suing to recover compensation for construction work requiring a license,” and second, it “permits property owners to sue such contractors for disgorgement of all compensation paid for such work.” According to Murai, the “strict enforcement of Section 7031” is thought to ensure “that contractors meet the minimum qualifications necessary for licensure.” Murai analyzed the case E. J. Franks Construction, Inc. v Sahota, which “carved out a limited exception to Section 7031 for contractors who form business entities and transfer their existing contractor’s license to such entities.” Read the court decision
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Reprinted courtesy of

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New Jersey Courts Speed Up Sandy Litigation

September 03, 2014 — Beverley BevenFlorez-CDJ STAFF
In order to deal with the thousand plus property damage cases related to Hurricane Sandy the “U.S. District Chief Judge Jerome Simandle of the District of New Jersey, who sits in Camden, N.J., issued a standing order dated Aug. 13 that, in effect, cuts in half the amount of time that arbitrators and mediators will have to hear disputes over coverage and issue rulings,” the New Jersey Law Journal reported. “John O’Brien, chief deputy of operations for New Jersey’s federal courts, said that, as of Wednesday, 1,240 Sandy-related lawsuits had been filed in New Jersey and that 1,051 of those cases are still pending,” according to the New Jersey Law Journal. “Sixty of those pending cases have been referred to mediation and another six have been sent to arbitration panels, according to O’Brien.” Read the court decision
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Reprinted courtesy of

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Real Estate & Construction News Round-Up (11/16/22) – Backlog Shifts, Green Battery Storage, and Russia-Ukraine Updates

December 05, 2022 — Pillsbury's Construction & Real Estate Law Team - Gravel2Gavel Construction & Real Estate Law Blog
This week’s round-up explores backlog shifts in the nonresidential construction sector, updates from the ongoing war between Russia and Ukraine, lithium-ion battery storage issues in New York City, and more.

• According to Associated Builders and Contractors, construction backlog fell back below the reading observed in February 2020, largely due to a decline in the commercial and institutional sector. (Sebastian Obando, Construction Dive)
• Amid celebration after retaking Kherson from retreating Russian troops, the Kremlin targeted critical infrastructure before withdrawing. (Michael Kern, Oil Price)
• Real estate value in the metaverse is rising, given that virtual land can be built upon to create unique branding experiences that lend to advertising, marketing, socializing, and entertainment. (Evan Bourke & Sarah Hedley Hymers, Euronews)

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

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Major Changes in Commercial Construction Since 2009

December 11, 2013 — CDJ STAFF
A new report from Jones Lang LaSalle tracks some of the changes that the commercial building industry has seen since 2009. One important change is that financing has returned. In reviewing the report, Buildings.com notes that “commercial lending conditions are improving.” A less positive change is that construction costs have gone up, with the increase in residential construction pushing prices up in commercial construction. Green construction has gone from a luxury to something owners and developers want. Read the court decision
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San Francisco House that Collapsed Not Built to Plan

February 14, 2014 — Beverley BevenFlorez-CDJ STAFF
Last December, a San Francisco, California “developer’s Twin Peaks house collapsed and slid down a hill during renovations.” The San Francisco Chronicle reported that the house “was being supported by three reinforcing towers, rather than the nine required under its approved plans, according to documents provided to city building inspectors.” According to a report by Department of Building Inspection chief Tom Hui, developer Mel Murphy "’failed to follow and implement the approved plans and the sequence of construction’ in his permit,” as quoted by The San Francisco Chronicle. The report also stated that the work “was not independently inspected as required” though this is “vehemently disputed by Murphy.” Read the court decision
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Duty to Defend For Accident Exists, But Not Duty to Indeminfy

March 05, 2015 — Tred R. Eyerly – Insurance Law Hawaii
The Seventh Circuit found there was a duty to defend the additional insured under the policy, but not a duty to indemnify. Kmart Corp. v. Footstar, Inc., 2015 U.S. App. LEXIS 1775 (7th Cir. Feb. 4, 2015). By agreement, Footstar operated the footwear department in hundreds of Kmart stores around the country. Footstar's footwear departments were in designated areas of the Kmart stores. Section 18.1 of the Master Agreement required Footstar to defend and indemnify Kmart from "all damage . . . arising out of Footstar's performance or failure to perform under this Agreement." The same section also required Footstar to obtain additional insurance coverage for Kmart. Read the court decision
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Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii
Mr. Eyerly may be contacted at te@hawaiilawyer.com

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Franchisors Should Consider Signing a Conditional Lease Assignment Rather Than a Franchisee’s Lease

November 17, 2016 — Richard H. Herold – Real Estate Litigation Blog
In Franchise & High Properties, LLC v. Happy’s Franchise, LLC, a 2015 decision issued by the Court of Appeals in Michigan, the franchisor, Happy’s Pizza Franchise, LLC, signed a five-year lease for the commercial space to be occupied by its franchisee, Happy’s Pizza #19, Inc. The franchisor did so to secure a right of first refusal to purchase the property and to enforce the franchise agreement to have the lease assigned to the franchisor if the franchisee defaulted. The issue in the case was whether the term “tenant” referred solely to Happy’s Pizza #19 or whether it also included Happy’s Franchise as a co-tenant. “Tenant” was defined as follows: “Happy’s Pizza #19, Inc., 29102 Telegraph Road, Suite 607, Southfield, MI 48034, the lessee, and Happy’s Pizza Franchise, LLC, a Michigan limited liability company (hereinafter referred to as `Franchisor’), hereinafter designated as the Tenant.” Read the court decision
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Reprinted courtesy of Richard H. Herold, Real Estate Litigation Blog
Mr. Herold may be contacted at rherold@swlaw.com

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