Fairfield Connecticut Building Expert Directory

Fee Simple!

November 11, 2024 — Daniel Lund III - Lexology
Following the grant of summary judgment by a Nebraska federal court on a construction claim, the prevailing subcontractor sought recovery of attorney’s fees, but received pushback from its opponent based upon the Federal Rules of Civil Procedure. The general contractor urged “that attorney’s fees are ‘special damages’ that must be specifically pleaded within a complaint under Federal Rule of Civil Procedure 9(g).” The GC said that a prayer for “a judgment for… costs, interest, and attorney’s fees be entered” – without further asserting a statutory or factual basis for the recovery – is insufficient. The subcontractor shot back that “it complied with the requirements of Rule 9(g) because its prayer for relief expressly referenced attorney’s fees, and the request for such fees was based on the facts asserted in the pleadings themselves.” 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

Determining Duty to Defend in Wisconsin Does Not Include Extrinsic Evidence

September 22, 2016 — Tred R. Eyerly – Insurance Law Hawaii
The policyholder's attempt to extend the duty to defend analysis beyond the complaint's allegations and the four-corners of the policy failed before the Wisconsin Supreme Court. Water Well Solutions Service Group Inc. v. Consolidated Ins. Co., 2016 Wisc. LEXIS 163 (Wis. Sup. Ct. June 30, 2016). 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

Google, Environmentalists and University Push Methane-Leak Detection

December 21, 2016 — Mary B. Powers – Engineering News-Record
National Grid, which serves New York, Massachusetts and Rhode Island, is set to be the second U.S. natural-gas utility to use technology advanced by Google Earth, the Environmental Defense Fund (EDF) and Colorado State University to boost large-scale methane-leak detection. It is launching a $3-billion effort to replace gas pipelines in New York. The technology uses cutting-edge spatial analytics methods and methane sensors, specially fitted to Google Street View cars, to identify leaks and accurately measure the amount of methane escaping. Read the court decision
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Reprinted courtesy of Mary B. Powers, Engineering News-Record
ENR may be contacted at ENR.com@bnpmedia.com

But Wait There’s More: Preserving Claims on Commonwealth Projects

February 07, 2018 — Wally Zimolong - Supplemental Conditions Blog
On construction projects owned by the Commonwealth of Pennsylvania, a contractor may make a claim with the Board of Claims. But first, you must be aware of two limitations periods that could cause you to waive your claim if they are not met. Read the court decision
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Reprinted courtesy of Wally Zimolong, Zimolong LLC
Mr. Zimolong may be contacted at wally@zimolonglaw.com

Buy American Under President Trump: What to Know and Where We’re Heading

August 20, 2019 — Jamie Oberg - ConsensusDocs
On January 31, 2019, President Trump signed an Executive Order on Strengthening Buy-American Preferences for Infrastructure Projects, placing continued emphasis on the importance of “the use of goods, products, and materials produced in the United States.” This order builds upon the President’s “Buy American, Hire American” Executive Order, which he issued in April of 2017. The 2017 Order increased enforcement of standing Buy American laws and called for federal agencies to explore new possibilities regarding domestic preferences. In part, the 2017 Order required every agency to “scrupulously monitor, enforce, and comply with Buy American laws,” and to minimize the use of waivers of these laws. The 2019 Order instructs federal agencies to develop rules to encourage contractors to comply with these preferences to the maximum extent practicable in any infrastructure project that receives any indirect federal government assistance. This includes recipients of loans, loan guarantees, grants, insurance subsidies or other forms of financing. Read the court decision
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Reprinted courtesy of Jamie Oberg, Peckar & Abramson, P.C.
Ms. Oberg may be contacted at joberg@pecklaw.com

Traub Lieberman Senior Trial Counsel Timothy McNamara Wins Affirmation of Summary Judgment Denial

August 28, 2023 — Timothy G. McNamara - Traub Lieberman
In this appeal brought before the State of New York Appellate Division, Second Judicial Department, the court ruled in favor of Traub Lieberman’s client, a housing complex owner, affirming the denial of co-defendant landscaping company’s summary judgment motion seeking dismissal of the cross-claims asserted by the complex owner against the co-defendant. In the underlying case, the plaintiff was allegedly injured when she slipped and fell on ice on the exterior stairs of the housing complex where she lived. The complex owner had contracted with the co-defendant to provide snow removal services for the complex. The plaintiff commenced action against both the complex owner and the landscaping company to recover damages for personal injuries. The complex owner asserted cross-claims against the landscaping company for contribution, common-law indemnification, and contractual indemnification. The landscaping company sought summary judgment dismissing the complaint and all cross-claims asserted against it, but the branch of the motion seeking dismissal of the cross-claims was denied. In the appeal brought before the Appellate Division, the court ruled in favor of Traub Lieberman’s client, the complex owner, affirming the denial of summary judgment for the cross-claims. Read the court decision
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Reprinted courtesy of Timothy G. McNamara, Traub Lieberman
Mr. McNamara may be contacted at tmcnamara@tlsslaw.com

Traub Lieberman Attorneys Lisa M. Rolle, Eric D. Suben, and Justyn Verzillo Secure Dismissal of All Claims in a Premises Liability Case

November 16, 2023 — Lisa M. Rolle, Eric D. Suben & Justyn Verzillo - Traub Lieberman
On an appeal of an order denying Defendant’s motion to dismiss the complaint in a slip-and-fall action commenced in Kings County Supreme Court, Traub Lieberman attorneys Lisa M. Rolle, Eric D. Suben, and Justyn Verzillo successfully secured dismissal of all claims by the Appellate Division, Second Department, on behalf of Traub Lieberman’s client. The lawsuit sought to recover damages arising out of injuries the Plaintiff allegedly sustained when she slipped and fell in the shower of a rental property owned by the Defendant, a limited liability company. Plaintiff alleged that the subject shower was defective, and the Defendant negligent, based on the absence of non-slip surfacing and grab bars in the shower. Aside from premises liability (negligence), Plaintiffs asserted eight other causes of action, including gross negligence, breach of warranty of habitability, intentional infliction of emotional distress, negligent infliction of emotional distress, alter-ego liability, loss of consortium, and for declaratory judgment. The judge in Supreme Court denied Traub Lieberman’s motion to dismiss on behalf of Defendant, citing as the sole reason that the affidavits submitted with the motion were unsigned, and ignoring Traub Lieberman’s arguments pointing out the glaring facial deficiencies of Plaintiff’s pleading and that the signed affidavits were in fact submitted before the return date. Reprinted courtesy of Lisa M. Rolle, Traub Lieberman, Eric D. Suben, Traub Lieberman and Justyn Verzillo, Traub Lieberman Ms. Rolle may be contacted at lrolle@tlsslaw.com Mr. Suben may be contacted at esuben@tlsslaw.com Mr. Verzillo may be contacted at jverzillo@tlsslaw.com Read the court decision
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Narberth Mayor Urges Dubious Legal Action

June 15, 2017 — Wally Zimolong - Supplemental Conditions
When I left Philadelphia, I thought I had largely left NIMBY zoning disputes behind. However, I quickly learned that the Main Line NIMBY is simply a tiger of a different stripe (and better financed and represented than their Philadelphia brethren). One dispute that recently caught my attention concerns the proposed demolition of a 120 year old church in Narberth. A developer wishing to demolish a church and develop apartments and drawing the ire of certain neighbors is something that is routine in Point Breeze or Fishtown. However, apparently the same is true on the Main Line. At issue in the case, is a restriction contained in a 1891 deed that apparently states that only a church can be built on the property. (The article discussing the case does not quote the precise language of the purported restriction.) Read the court decision
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Reprinted courtesy of Wally Zimolong, Zimolong LLC
Mr. Zimolong may be contacted at wally@zimolonglaw.com

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