Fairfield Connecticut Building Expert Directory

Guarantor’s Liability on Partially Secured Debts – The Impacts of Pay Down Provisions in Serpanok Construction Inc. v. Point Ruston, LLC et al.

October 24, 2021 — Margarita Kutsin - Ahlers Cressman & Sleight
In Serpanok Construction, Inc. v. Point Ruston, LLC, Division Two of the Washington Court of Appeals decided an issue of first impression in Washington—whether a guarantor of a partially secured debt remains liable until the last dollar of the entire debt is paid off. After examining cases from other jurisdictions, the court held that that a guarantor is liable until the underlying debt is paid in full unless the agreement contains an express pay down provision. A pay down provision sets forth the guarantor’s right to reduce its obligation to the extent of any payment toward the debt, and it establishes that the guaranty applies only until an amount equivalent to the guaranteed amount is paid off. The Serpanok decision addressed several other issues, but the published portion of this part-published case focused on whether an entity involved in a real estate development, Point Ruston LLC, was discharged from its guaranty obligation following a foreclosure sale where the proceeds did not cover the entire debt owed to a subcontractor. Point Ruston LLC, Point Ruston Phase II LLC (“Phase II”), and Century Condominiums (“Century”) were affiliated entities (collectively “Point Ruston parties”) that constructed retail and residential structures on a site in Point Ruston. Serpanok Construction Inc. (“Serpanok”) entered into subcontract agreements with Phase II and Century to perform concrete and steel work on a parking garage and movie theater for the project. Point Ruston LLC was not a party to either subcontract. Read the court decision
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Reprinted courtesy of Margarita Kutsin, Ahlers Cressman & Sleight
Ms. Kutsin may be contacted at margarita.kutsin@acslawyers.com

NCCER Celebrates Construction Education Programs and Products in 2024

January 07, 2025 — The National Center for Construction Education and Research
ALACHUA, Fla., Dec. 30, 2024 (GLOBE NEWSWIRE) -- The National Center for Construction Education and Research (NCCER) released several new or updated educational products in 2024, serving its ongoing mission to provide workforce development solutions for the construction industry and impacting 330,000 people. NCCER's newest craft training products include a new certification program, multiple curricula updates, new Spanish curriculum translations, and NCCERconnect digital courses and resources. One of the highlights of the year was the launch of the brand-new Construction Foreman Certification Program. Helping to fill a significant gap in formal training for frontline supervisors, the program covers critical areas of field leadership such as people management, communication, quality, safety and productivity. The Construction Foreman Certification Program is the latest offering in NCCER's Construction Leadership Series (CLS), which provides turnkey, self-paced online certification solutions for leadership development. The first title in the CLS, the Construction Superintendent Certification Program, debuted in 2023. About NCCER – The National Center for Construction Education and Research (NCCER) is an independent 501(c)(3) nonprofit education foundation and the leading provider of construction education for industry and career and technical education programs. With flexible workforce development and learning solutions, NCCER's programs provide consistency and quality to ensure craft professionals and learners receive industry-recognized credentials and certifications. To learn more, visit www.nccer.org. Read the court decision
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Verdict In Favor Of Insured Homeowner Reversed For Improper Jury Instructions

October 23, 2018 — Tred R. Eyerly - Insurance Law Hawaii
The appellate court reversed the jury verdict in favor of the homeowners based upon improper instructions purporting to impose a duty to adjust the claim and how to construe a contract. Citizens Prop. Ins. Corp. v Mendoza, 2018 Fla. App. LEXIS 9497 (Fla. Ct. App. July 5, 2018). The insureds incurred water damage to their home caused by a water heater leak. After a claim was filed, the insurer sent an adjuster to investigate the claim. The insurer denied the claim due to an exclusion for constant or repeated seepage or leakage. At trial, the insurer offered testimony that the leak was a continued and repeated seepage of water over a long period of time, which was excluded under the policy, and not a sudden and accidental discharge of water, which would have been covered. Read the court decision
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Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

Highest Building Levels in Six Years in Southeast Michigan

December 11, 2013 — CDJ STAFF
Macomb Township in southeast Michigan has had $122 million in new development in 2013, all of which helped the region reach its highest building levels since 2007. The wider area saw 398 permits issued for single-family homes in the last twelve months, fifty-two more than in the twelve months prior. “The improvement is economically driven,” said Michael Stoskofa, the CEO of the Home Builders Association of Southeast Michigan. As employment improves in the area, “more people are willing and able to purchase a home,” he said. Home inventory in the area is also at a record low. As a result, projects that were put on hold in 2008 are active again. Read the court decision
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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

Sinking S.F. Tower Prompts More Lawsuits

January 19, 2017 — JT Long - Engineering News-Record
Homeowners on Jan. 6 added another lawsuit to the list pending against Millennium Partners, developer of the 645-ft-tall Millennium Tower, located in San Francisco’s South-of-Market district. The suit alleges that, as early as 2009, the developers knew the $350-million condo building was sinking faster than expected. Read the court decision
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Reprinted courtesy of JT Long, ENR
ENR may be contacted at ENR.com@bnpmedia.com

BofA Said to Near Mortgage Deal for Up to $17 Billion

August 06, 2014 — Tom Schoenberg – Bloomberg
Bank of America Corp. is nearing a $16 billion to $17 billion settlement with the U.S. Justice Department to resolve probes into sales of mortgage-backed bonds in the run-up to the financial crisis, a person familiar with the matter said. Under the proposed terms, the bank would pay about $9 billion in cash and the rest in consumer relief to settle federal and state claims, according to the person, who asked not to be named because the negotiations are private. Details of the proposed accord, such as the relief and a statement of facts, are still being negotiated, the person said. The outlines of the deal were reached last week after a phone call between Attorney General Eric Holder and Bank of America Chief Executive Officer Brian T. Moynihan, the person said. During the July 30 call, Holder said that the government was ready to file a lawsuit in New Jersey if the bank didn’t offer an amount closer to the department’s demand of about $17 billion, according to the person. Read the court decision
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Reprinted courtesy of Tom Schoenberg, Bloomberg
Mr. Schoenberg may be contacted at tschoenberg@bloomberg.net

Insurer’s Consent Not Needed for Settlement

October 14, 2013 — CDJ STAFF
The Texas Supreme Court has concluded in Lennar Corp. v. Markel Am. Ins. Co. that “the costs incurred by a builder to locate and repair damage caused by the builder’s defective product are covered under its general liability insurance policy.” Hunton & Williams have issued a Client Alert discussing the case. For the background of the case, Lennar built about 800 homes using EIFS. The EIFS trapped water and the homes suffered from rot, structural damage, mold, mildew, and termites. Lennar fixed all the homes so built, avoiding litigation. Lennar “notifed its insurers of the defects and invited its insurers to participate in the proactive remediation program.” A lower court had agreed with Markel, one of Lennar’s insurers, that the losses were not “caused by property damage,” and that Lennar should not have made “voluntary payments without Markel’s consent.” The Texas Supreme Court granted review, rejecting Markel’s argument and affirming the jury’s finding. According to Hunton & Williams, the implications of the Texas Lennar decision is that it “confirms that all insurers with policy in effect at the time of property damage are responsible for all sums for which the policyholder is liable.” Read the court decision
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FAIRFIELD CONNECTICUT BUILDING EXPERT DIRECTORY AND CAPABILITIES