Fairfield Connecticut Building Expert Directory

California’s Right to Repair Act not an Exclusive Remedy

August 20, 2014 — Beverley BevenFlorez-CDJ STAFF
Karen L. Moore of Low, Ball & Lynch in JD Supra Business Advisor analyzed “two decisions holding that California’s Right to Repair Act ('SB 800') is not the exclusive remedy for a homeowner seeking damages for construction defects that have also resulted in property damage.” If property damage occurs due to construction defects, a homeowner “may also pursue common law tort causes of action.” After providing a brief background of California’s SB 800 and Aas v. Superior Court (which precluded the Right to Repair Act), Moore discussed the results of Liberty Mutual Insurance Company v. Broofield Crystal Cove, LLC, followed by a review of Burch v. Superior Court. Moore commented that “[t]hese two cases will likely be used by homeowners to avoid application of the Right to Repair Act’s pre-litigation procedures.” Read the court decision
Read the full story...
Reprinted courtesy of

Bribe Charges Take Toll on NY Contractor

February 22, 2018 — Mary B. Powers - ENR
The federal bid-rigging trial of former executives of one-time Buffalo, N.Y., regional contracting giant LPCiminelli won’t start until late spring, more than 18 months after they were indicted, along with others, on bribery, corruption and fraud charges in a New York state contract “pay for play.” Read the court decision
Read the full story...
Reprinted courtesy of Mary B. Powers, Engineering News-Record

Nailing Social Media: The Key to Generating Leads for Construction Companies

March 13, 2023 — Matthew DeVries - Best Practices Construction Law
Social media has become a powerful tool for small to medium-sized construction companies to generate leads for both residential and commercial projects. With over 3 billion people using social media worldwide, there is a huge opportunity for construction companies to reach potential customers and promote their services. Following are some tips for contractors to use social media to generate leads and improve their revenue targets in 2023. Firstly, it is important to choose the right social media platforms. Different social media platforms have different user demographics and can be more effective for certain types of projects. For example, Facebook and Instagram are popular platforms for residential projects, while LinkedIn is more effective for commercial projects. By understanding the target audience and selecting the right social media platforms, small construction companies can improve the effectiveness of their social media marketing efforts. Read the court decision
Read the full story...
Reprinted courtesy of Matthew DeVries, Burr & Forman LLP
Mr. DeVries may be contacted at mdevries@burr.com

Federal Judge Vacates CDC Eviction Moratorium Nationwide

May 24, 2021 — Zachary Kessler, Amanda G. Halter & Adam Weaver - Gravel2Gavel Construction & Real Estate Law Blog
Late last week a federal district court judge for the District of Columbia held that the nationwide eviction moratorium issued by the Centers for Disease Control and Prevention (CDC) went beyond the agency’s statutory authority and vacated it nationwide. This decision effectively expanded a similar decision by a Texas federal court last month that found the CDC’s moratorium was an improper use of federal power but limited its decision to the litigants to that case and declined to vacate the CDC order. The CDC eviction moratorium (the Order) was designed to halt certain cases of eviction for low-income tenants and was the most significant nationwide tenant protection for nonpayment of rent due to the COVID-19 pandemic. While the federal government has said it will appeal this week’s decision and has sought to stay its effect, it is a significant blow to the federal government’s efforts to halt evictions due to the COVID-19 pandemic. This decision may now open an avenue for landlords to begin evicting nonpaying tenants that had been halted by the eviction moratorium since mid-2020. Reprinted courtesy of Zachary Kessler, Pillsbury, Amanda G. Halter, Pillsbury and Adam Weaver, Pillsbury Mr. Kessler may be contacted at zachary.kessler@pillsburylaw.com Ms. Halter may be contacted at amanda.halter@pillsburylaw.com Mr. Weaver may be contacted at adam.weaver@pillsburylaw.com Read the court decision
Read the full story...
Reprinted courtesy of

VinFast Breaks Ground in North Carolina on its Promised $4B EV Plant

August 28, 2023 — Engineering News-Record
Charlotte Observer North Carolina officials and top VinFast executives met Friday morning in Chatham County to officially start construction on the carmaker’s first manufacturing facility outside its native Vietnam. By 2028, VinFast has committed to employ 7,500 people at the site, about 30 miles southwest of Raleigh . In terms of projected job creation, it is the largest state-backed economic project in North Carolina history. Reprinted courtesy of Engineering News-Record ENR may be contacted at enr@enr.com Read the full story... Read the court decision
Read the full story...
Reprinted courtesy of

It’s All a Matter of [Statutory] Construction: Supreme Court Narrowly Interprets the Good Faith Dispute Exception to Prompt Payment Requirements in United Riggers & Erectors, Inc. v. Coast Iron & Steel Co.

May 30, 2018 — Erinn Contreras & Joy O. Siu - Sheppard Mullin Construction & Infrastructure Law Blog
On May 14, 2018, the California Supreme Court issued its opinion in United Riggers & Erectors, Inc. v. Coast Iron & Steel Co., No. S231549, slip. op. (Cal. Sup. Ct. May 14, 2018). In it, the Court narrowly construed the “good faith” exception to the general rule that a direct contractor must make retention payments to its subcontractors within 10 days of receiving any retention payment. The exception provides that “[i]f a good faith dispute exists between the direct contractor and a subcontractor, the direct contractor may withhold from the retention to the subcontractor an amount not in excess of 150 percent of the estimated value of the disputed amount.” Cal. Civ. Code section 8814(c). Reprinted courtesy of Erinn Contreras, Sheppard Mullin and Joy O. Siu, Sheppard Mullin Ms. Contreras may be contacted at econtreras@sheppardmullin.com Ms. Siu may be contacted at jsiu@sheppardmullin.com Read the court decision
Read the full story...
Reprinted courtesy of

TOLLING AGREEMENTS: Construction Defect Lawyers use them to preserve Association Warranty Claims during Construction Defect Negotiations with Developers

March 07, 2014 — Nicholas D. Cowie – Maryland Condo Construction Defect Law Blog
If properly drafted, a tolling agreement stops, or “tolls,” the running of the statue of limitations and other time periods aplicable to an association’s legal claims while it attempts to negotiate the repair of and/or monetary compensation for construction deficiencies with the developer and other responsible parties. In short, it is a “time -out” that allows and association to preserve its legal claim so it can focus on settling its claims rather than pursing them in court. Too often, condominium associations and homeowner associations (“HOA”) unknowingly allow their legal claims for construction defects to expire during lengthy negotiations with developers and builders. If negotiations fail, the association may turn to a construction defect attorney for legal representation only to find their construction defect legal claims are time barred because the statute of limitations or other legal time period has expired. This article explains how condominium associations and HOAs can avoid this scenario by the use of tolling agreements to preserve their legal claims while engaged in potentially lengthy negotiations with developers to correct construction defects. Read the court decision
Read the full story...
Reprinted courtesy of Nicholas D. Cowie, Maryland Condo Construction Defect Law Blog
Mr. Cowie may be contacted at ndc@cowiemott.com

Illinois Law Bars Coverage for Construction Defects in Insured's Work

September 24, 2014 — Tred R. Eyerly – Insurance Law Hawaii
Applying Illinois law, the Seventh Circuit determined there was no coverage for faulty workmanship causing property damage to the insured's project. Nautilus Ins. Co. v. Board of Directors of Regal Lofts Condominium Ass'n, 2014 U.S. App. LEXIS 16250 (7th Cir. Aug. 21, 2014). The developer converted a vacant building into a condominium. The construction was completed in 2000. The Condominium Board took control of the condo association on July 27, 2000. As early as May 2000, one homeowner was aware of water damage problems in the building. Other complaints surfaced. An investigation found that the exterior brick masonry walls were not fully waterproofed, which caused leaks. The investigation further showed that deteriorated conditions had likely developed over many years, even prior to the condominium conversion, but the present water penetration was caused by the inadequate restoration of the walls to a water-tight condition. The underlying action was filed against the developer for failure to properly construct the exterior walls. The developer's carrier, Nautilus, denied coverage. In an amended complaint, the Board added a count of negligence. Again, Nautilus denied coverage. The Board's second amended complaint alleged that the developer's negligence had caused damage to personal property within the building, in addition to the interior of the building and the building itself. For the third time, Nautilus denied coverage and filed for declaratory relief. Read the court decision
Read the full story...
Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii
Mr. Eyerly may be contacted at te@hawaiilawyer.com

FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES