FAIRFIELD CONNECTICUT BUILDING EXPERT
DIRECTORY AND CAPABILITIES

Meet Daniel Hall, Assistant Professor at TU Delft

January 17, 2023 — Aarni Heiskanen - AEC Business
We sat down with Daniel M. Hall, an assistant professor at TU Delft, to discuss ways of achieving circularity in the built environment. Daniel will be a keynote speaker at WDBE in September 2023, where he’ll talk more about future circular cities. Daniel is internationally known for his research on construction management and construction informatics. He did his Ph.D. at Stanford and worked for almost five years as an Assistant Professor of Innovative and Industrial Construction at ETH Zurich. In September 2022, he moved to the Netherlands. The Delft University of Technology, Daniel’s new home base, strongly emphasizes the circular economy and circularity and has a long history of excellent teaching and research. It provides an inspiring environment for innovating the future. Why we need to improve circularity in cities “We cannot keep building the way we’ve been building. We don’t have enough resources; we don’t have enough materials,” Daniel asserts. “Obviously, we have questions around carbon impact. Around 40 percent of all CO2 emissions come from a combination of building operations and building materials.” Read the court decision
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Reprinted courtesy of Aarni Heiskanen, AEC Business
Mr. Heiskanen may be contacted at aec-business@aepartners.fi

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Consultant’s Corner: Why Should Construction Business Owners Care about Cyber Liability Insurance?

July 13, 2017 — David Adelstein - Florida Construction Legal Updates
Recently, I wrote an article on the importance of cyber liability insurance for design professionals. The reality, however, is that this is important insurance for all professionals in today’s day and age. A modern, online insurance broker called Embroker was kind enough to submit a guest post on cyber liability insurance. Check it out!!! According to the Cybersecurity Ventures Report, the cost of cybercrime could reach $6 trillion by 2021. That same report predicts that cybercrime will expand into new sectors, such as the construction industry. Assuming your construction business has moved beyond pencil and paper drawings, paper invoices and mailed checks, this prediction is cause for concern. In fact, it’s already come true, as the 2013 Target cyber breach which led to a $39 million court settlement came through a HVAC contractor, a development which underscores the need for Cyber Liability insurance. Considering the numerous issues facing construction business owners — from budget and time constraints to production methods to fire hazards — Cyber Liability insurance may seem like a low priority. But f you expect to stay in business and be profitable, that’s simply not the case. Read the court decision
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Reprinted courtesy of David Adelstein, Florida Construction Legal Updates
Mr. Adelstein may be contacted at Dadelstein@gmail.com

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Jobs Machine in U.S. Created More Than Burger Flippers Last Year

January 14, 2015 — Carlos Torres – Bloomberg
The biggest private employment increase in 17 years was driven by gains among above-average paying jobs, dispelling the popular notion that the U.S. is turning into a nation of fast-food workers. Industries that pay employees more than the average for all workers accounted for 66 percent of total jobs created in 2014, based on data compiled by Bloomberg from Labor Department records. Business services -- staffing agencies, accountants, consultants and computer-system designers -- and goods producers, including construction firms and manufacturers, were among those hiring the most. Read the court decision
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Reprinted courtesy of Carlos Torres, Bloomberg
Mr. Torres may be contacted at t ctorres2@bloomberg.net

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CA Supreme Court Permits Insurers to Bring Direct Actions Seeking Reimbursement of Excessive Fees Against Cumis Counsel Under Limited Circumstances

August 19, 2015 — David W. Evans & Valerie A. Moore – Haight Brown & Bonesteel LLP
The California Supreme Court held in Hartford Casualty Insurance Company v. J.R. Marketing, L.L.C. (Squire Sanders) (8/10/2015 - #S211645) that if Cumis counsel, operating under a court order which such counsel drafted and which expressly provided that the insurer would be able to recover excessive fees, sought and received fee payments from the insurer that were fraudulent or otherwise manifestly and objectively useless and wasteful when incurred, Cumis counsel have been unjustly enriched at the insurer’s expense and the insurer will be permitted under such limited circumstances to seek reimbursement directly from Cumis counsel. Certain Hartford insureds who had been issued commercial general liability policies were sued in multiple proceedings for a variety of claims, including unfair competition, defamation and intentional misrepresentation. Hartford disclaimed a duty to defend or to indemnify the defendants on the grounds that the acts complained of occurred prior to Hartford’s policy, and that some of the defendants were not Hartford insureds. A coverage action was filed by some of the insureds against Hartford; they were represented by the Squire Sanders law firm. Although Hartford subsequently agreed to defend several of the defendants subject to a reservation of rights, it declined to pay defense expenses incurred prior to the date of such agreement. Some months later, the trial court entered a summary adjudication order, finding that Hartford had a duty to have defended the liability action on the date it was originally tendered; the order required Hartford to fund the insured’s defense with independent counsel (i.e., so-called “Cumis” counsel; see San Diego Federal Credit Union v. Cumis Insurance Society, Inc. (1984) 162 Cal.App.3d 358). The insureds retained Squire Sanders as their Cumis counsel. Reprinted courtesy of David W. Evans, Haight Brown & Bonesteel LLP and Valerie A. Moore, Haight Brown & Bonesteel LLP Mr. Evans may be contacted at devans@hbblaw.com Ms. Moore may be contacted at vmoore@hbblaw.com Read the court decision
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Nomos LLP Partners Recognized in Super Lawyers and Rising Stars Lists

August 16, 2021 — Garret Murai - California Construction Law Blog
Nomos LLP partners Garret Murai and Jennifer Tang have been recognized in Thompson Reuter’s 2021 Northern California Super Lawyers and 2021 Northern California Rising Start lists in the area of Construction Litigation. This is the eighth consecutive year for Garret on the Super Lawyers list and the fifth consecutive year for Jennifer on the Rising Star list. The Super Lawyers list recognizes no more than 5 percent of attorneys in each state. The Rising Stars list recognizes no more than 2.5 percent of attorneys in each state. To be eligible for inclusion in Rising Stars, a candidate must be either 40 years old or younger, or in practice for 10 years or less. Read the court decision
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Reprinted courtesy of Garret Murai, Nomos LLP
Mr. Murai may be contacted at gmurai@nomosllp.com

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Tenth Circuit Finds Insurer Must Defend Unintentional Faulty Workmanship

December 09, 2011 — Tred R. Eyerly - Insurance Law Hawaii

Applying Colorado law, the Tenth Circuit found a duty to defend construction defect claims where the faulty workmanship was unintentional. Greystone Const. Inc. v. National Fire & Marine Ins. Co., 2011 U.S. App. LEXIS 22053 (10th Cir. Nov. 1, 2011). A prior post [here] discussed the Tenth Circuit’s certified question to the Colorado Supreme Court in this matter, a request that was rejected by the Colorado court.

In two underlying cases, Greystone was sued by the homeowner for damage caused to the foundation by soil expansion. In both cases, the actual construction was performed by subcontractors. Further, in neither case was the damage intended or anticipated. Nevertheless, National Union refused to defend, contending property damage resulting from faulty construction was not an occurrence.

Relying on a Colorado Court of Appeals case, General Security Indemn. Co. of Arizona v. Mountain States Mut. Cas. Co., 205 P.3d 529 (Colo. App. 2009), the district court granted summary judgment to National Union.

On appeal, the Tenth Circuit first considered whether Colorado legislation enacted to overturn General Security could be applied retroactively. The statute, section 13-20-808, provided courts "shall presume that the work of a construction professional that results in property damage, including damage to the work itself or other work, is an accident unless the property damage is intended and expected by the insured."

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Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii. Mr. Eyerly can be contacted at te@hawaiilawyer.com

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Clean Energy and Conservation Collide in California Coastal Waters

March 19, 2024 — Nadia Lopez & Josh Saul - Bloomberg
Two of President Joe Biden’s biggest priorities — conservation and the switch to clean energy — are colliding in the ocean off California’s quiet Central Coast. Located halfway between San Francisco and Los Angeles, Morro Bay boasts a rich ecosystem of fish, otters and migrating whales that the Indigenous Chumash people want to protect with a new marine sanctuary. But 20 miles (32 kilometers) out, developers plan some of the West Coast’s first offshore wind farms, where 1,100-foot-tall turbines (335 meters) tethered to the seabed will help California cut its carbon emissions. One US government agency appears poised to approve the sanctuary. Another already leased 376 square miles of ocean for wind development, just outside the sanctuary’s boundaries. Now, a fight is brewing over whether the scenic bay itself should be left out of the sanctuary, to give undersea power cables from the wind farms a place to come onshore. Reprinted courtesy of Nadia Lopez, Bloomberg and Josh Saul, Bloomberg Read the court decision
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With Historic Removal of Four Dams, Klamath River Flows Again Unhindered

October 21, 2024 — Tim Newcomb - Engineering News-Record
In a period of 16 months, four dams built between 1903 and 1962 came down as part of a monumental effort to clear 35 miles of the Klamath River spanning Oregon and California. The project owner, the Klamath River Renewal Corp., describes it as the largest dam removal effort in U.S.—and possibly world—history. Reprinted courtesy of Tim Newcomb, Engineering News-Record ENR may be contacted at enr@enr.com Read the full story... Read the court decision
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