Fairfield Connecticut Building Expert Directory

NJ Court Reaffirms Rule Against Coverage for Faulty Workmanship Claims and Finds Fraud Claims Inherently Intentional

September 20, 2021 — Anthony L. Miscioscia & Frank J. Perch, III - White and Williams LLP
Awarding summary judgment to an insurer under both liability and directors & officers (D&O) coverage parts, a New Jersey trial court reaffirmed the principle that claims of defective workmanship without resulting “property damage” are not covered under a general liability policy, and further dismissed claims for fraud and breach of fiduciary duty, finding that such claims were inherently intentional and do not state a covered “occurrence.” In Velez v. AR Management Company, et al., 2021 N.J. Super. Unpub. LEXIS 1675 (Law Div. Bergen Co. Aug. 10, 2021), owners of a condominium unit rebuilt after a fire sued the condominium association, several association board members, the association’s property management company and the general contractor for the reconstruction work. The owners’ suit alleged faulty workmanship and incomplete repairs. In addition, the owners asserted fraud and breach of fiduciary duty claims against the management company, alleging conflicts of interest and self-dealing between the management company and the general contractor, which had common ownership. In a third-party complaint, the management company sought coverage from the condo association’s liability and D&O insurer. The court dismissed the D&O coverage claim, noting that the management company was not a director or officer or otherwise entitled to insured status for the D&O coverage part. Reprinted courtesy of Anthony L. Miscioscia, White and Williams LLP and Frank J. Perch, III, White and Williams LLP Mr. Miscioscia may be contacted at misciosciaa@whiteandwilliams.com Mr. Perch may be contacted at perchf@whiteandwilliams.com Read the court decision
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San Diego Appellate Team Prevails in Premises Liability Appeal

December 06, 2021 — Corinne Bertsche, Jeffry Miller & Tracy Forbath - Lewis Brisbois
San Diego, Calif. (October 28, 2021) - San Diego Appellate Practice Partners Jeffry A. Miller and Corinne C. Bertsche, along with Associate Tracy D. Forbath, recently obtained a win on appeal when California's Court of Appeal for the Second Appellate District, Division Four affirmed the trial court’s grant of a client homeowners association’s motion for summary judgment. In the underlying matter, the plaintiff alleged claims for premises liability and negligence for injuries he sustained when tripping over an uplift of two misaligned adjacent slabs of concrete sidewalk, measuring 1.25 inches and located next to a condominium complex. The appellate court agreed that the defect in question was a trivial defect as a matter of law, despite the plaintiff’s arguments that there was a triable issue of material fact as to whether the uplift’s dangerousness was exacerbated by the presence of aggravating factors. The appellate court found that the plaintiff’s expert declaration did not support the alleged aggravating factors with admissible evidence, and that the trial court did not abuse its discretion in excluding it. Reprinted courtesy of Corinne Bertsche, Lewis Brisbois, Jeffry Miller, Lewis Brisbois and Tracy Forbath, Lewis Brisbois Ms. Bertsche may be contacted at Corinne.Bertsche@lewisbrisbois.com Mr. Miller may be contacted at Jeff.Miller@lewisbrisbois.com Ms. Forbath may be contacted at Tracy.Forbath@lewisbrisbois.com Read the court decision
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Chinese Lead $92 Billion of U.S. Home Sales to Foreigners

July 09, 2014 — John Gittelsohn – Bloomberg
Foreigners purchased $92.2 billion of U.S. homes in the 12 months through March, led by buyers from China, according to the National Association of Realtors. Spending by Chinese buyers soared 72 percent from a year earlier to $22 billion, with their purchases accounting for 24 percent of spending by international buyers, the trade association said today from Washington. Total investments by foreigners jumped 35 percent. Chinese buyers acquired 16 percent of houses sold to foreigners, up 4 percentage points, spurred by currency appreciation, rising affluence and concerns about an economic slowdown in the world’s most-populous country, the group said. Read the court decision
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Reprinted courtesy of John Gittelsohn, Bloomberg
Mr. Gittelsohn may be contacted at johngitt@bloomberg.net

Manhattan Site for Supertall Condo Finds New Owner at Auction

December 15, 2016 — Oshrat Carmiel – Bloomberg
A development site slated for an almost 1,000-foot condo tower on Manhattan’s far east side found a new owner through a bankruptcy auction Tuesday, removing a hurdle for construction after about a year of delays. Gamma Real Estate, the lender to the project, won the auction with a credit bid of $86 million and is poised to take control of the site, pending approval from the bankruptcy court, said David Schechtman, a broker with Meridian Investment Sales, which handled the auction with another brokerage. Read the court decision
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Reprinted courtesy of Oshrat Carmiel, Bloomberg
Mr. Carmiel can be followed on Twitter @OshratCarmiel

Missouri Asbestos Litigation Reform: New Bill Seeks to Establish Robust Disclosure Obligations

March 15, 2021 — Jennifer B. Pigeon - Lewis Brisbois
Missouri State Senator Eric Burlison is reviving attempts to reform asbestos litigation in the State of Missouri through the introduction of SB 331. This bill was pre-filed on December 29, 2020 and first read on January 6, 2021. The bill establishes disclosure procedures for claimants in asbestos-related lawsuits. Specifically, the bill, if passed, would require claimants in civil asbestos-related lawsuits to file a sworn information form within 30 days of filing an asbestos-related lawsuit. The required disclosures under SB 331 include, but are not limited to (1) each asbestos-containing product to which the exposed person was exposed and each physical location at which the exposure occurred; (2) the identity of the manufacturer or distributor of specific asbestos-containing products for each named exposure; (3) the specific location and manner of each exposure; (4) the beginning and end dates of each exposure, the frequency and length of each exposure, and the proximity of the asbestos-containing product or its use to the exposed person; and (5) a certification that any claim that can be made with a bankruptcy trust concerning any asbestos injury to the exposed person has been filed. Read the court decision
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Reprinted courtesy of Jennifer B. Pigeon, Lewis Brisbois
Ms. Pigeon may be contacted at Jenna.Pigeon@lewisbrisbois.com

Apartment Projects Fuel 13% Jump in U.S. Housing Starts

May 19, 2014 — Michelle Jamrisko and Hui-yong Yu – Bloomberg
A surge in construction of multifamily dwellings in April propelled U.S. housing starts to the highest level in five months, helping overcome slack demand for single-family homes. Housing starts climbed 13.2 percent to a 1.07 million annualized rate following March’s 947,000 pace, according to figures released today by the Commerce Department in Washington. Another report showed a measure of consumer confidence unexpectedly declined from a nine-month high. An almost 40 percent increase in construction starts on projects such as condominiums and apartment buildings accounted for almost all of the April gain, as single-family activity was held back by declining affordability. The report highlights a shift in demand for housing in the wake of the financial crisis, which left many Americans wary of taking on new debts. Michelle Jamrisko may be contacted at mjamrisko@bloomberg.net; Hui-yong Yu may be contacted at hyu@bloomberg.net Read the court decision
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Reprinted courtesy of Michelle Jamrisko and Hui-yong Yu, Bloomberg

Lower Manhattan Condos Rival Midtown’s Luxury Skyscrapers

April 09, 2014 — Oshrat Carmiel – Bloomberg
Manhattan developer Bill Rudin hadn’t planned to start selling apartments at his Greenwich Village project until the end of this year. He began rethinking that strategy after getting cornered at a cocktail party. “People came up to me and said, ‘We want to buy, we want to buy. When can we buy?’” Rudin said in an interview. He opened a sales office in October for the Greenwich Lane, a complex under construction at the site of the shuttered St. Vincent’s Hospital, after an online sign-up list of would-be buyers for the 200 condominiums drew 1,100 names. More than half of the units at the development, still largely a field of dirt and skeletal towers, have sold at prices averaging $3,500 a square foot, in line with other projects downtown and a new luxury benchmark for the area. While Midtown skyscrapers fringing Central Park are setting sales records and attracting international investors, downtown Manhattan’s new condos are breaking their own price barriers with a focus on local buyers. From the cobblestone streets of Tribeca to the low-rise landmarks of Greenwich Village, builders are accelerating projects with features and costs that rival high-end offerings farther north. Read the court decision
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Reprinted courtesy of Oshrat Carmiel, Bloomberg
Ms. Carmiel may be contacted at ocarmiel1@bloomberg.net

Biden’s Solar Plans Run Into a Chinese Wall

May 23, 2022 — Liam Denning - Bloomberg
A new and unexpected obstacle to President Joe Biden’s green ambitions has emerged: a tiny solar-power company based in San Jose. Auxin Solar Inc., which accounts for all of 2% of U.S. solar-module manufacturing, recently persuaded the Commerce Department to open a potentially devastating trade inquiry. After the U.S. imposed anti-dumping measures against Chinese solar-cell and module manufacturers just over a decade ago, alternative suppliers sprang up in South Korea and Southeast Asia. Auxin now contends that those other Asian suppliers are effectively used by Chinese companies to circumvent the anti-dumping measures. If Commerce ultimately agrees, then more than four-fifths of solar-module imports to the U.S. and half of all cells could suddenly be subject to steep tariffs, perhaps levied retroactively. The Solar Energy Industries Association warns of dire consequences for U.S. solar-power development — critical to Biden’s decarbonization targets — claiming that some suppliers are already backing away because of the risk. Heavyweight NextEra Energy Inc. warns that the investigation may delay 2.8 gigawatts of projects slated for this year. Timothy Fox of ClearView Energy Partners, a Washington-based analysis firm, says Commerce’s “structural” inclination toward protectionism may lead it to concur with Auxin. Read the court decision
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Reprinted courtesy of Liam Denning, Bloomberg

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