FAIRFIELD CONNECTICUT BUILDING EXPERT
DIRECTORY AND CAPABILITIES

Experts Weigh In on Bilingual Best Practices for Jobsites

February 22, 2018 — Jim Parsons – ENR
It’s the rare construction firm that doesn’t cite people as its most important resource. And over the past two decades, that asset has become increasingly bilingual. Indeed, more than 27% of workers in construction are Hispanic or of Latino ethnicity, according to the most recent available data from the U.S. Bureau of Labor Statistics (BLS). Read the court decision
Read the full story...
Reprinted courtesy of Jim Parsons, Engineering News-Record

---

Wearable Ways to Work in Extreme Heat

July 15, 2024 — Clare Epstein - Construction Executive
Earth experienced its hottest months yet in summer 2023, and NASA scientists are expecting 2024 to be even hotter. Rising temperatures and high humidity aren’t just uncomfortable for those outside during the summer months: They can cause serious health consequences, including death. While employers are working to find ways to combat the heat, the extreme variability in weather conditions continues to pose threats to employees. Recently, company leaders have turned to new methods and technologies to help their teams stay safe while working both indoors and outdoors. A balance of methods and technology is necessary to keep everyone safe while they work. As summer approaches, is important to remember that the time to review and update current heat-stress safety plans is in the spring—or better yet, year-round—in order to prioritize employee safety and determine both proactive and reactive measures needed to withstand the hottest months of the year. TRIED AND TRUE While we are all navigating new ways of working safely in extreme temperatures, the tried-and-true measures are still extremely useful in preventing heat stress among employees. Employers can support their employees working outdoors by ensuring there are proper amenities available at all times, including shady areas, a water source and electrolyte drinks. Reprinted courtesy of Clare Epstein, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
Read the full story...
Reprinted courtesy of

---

Breach Of Duty of Good Faith And Fair Dealing Packaged With Contract Disputes Act Claim

March 27, 2023 — David Adelstein - Florida Construction Legal Updates
An interesting opinion on a motion to dismiss came out of the United States Court of Federal Claims dealing with the claim that the government breached its duty of good faith and fair dealing in administering the prime contract. The contractor’s argument was that the government breached its duty of good faith and fair dealing by denying the contractor’s claim under the Contract Disputes Act (CDA). This was a creative claim and argument that deserves consideration because it tied in the contracting officer’s denial of the CDA claim for additional money with a breach of the duty of good faith and fair dealing. In this case, Aries Construction Corp. v. U.S., 2023 WL 2146598 (Fed. Cl. 2023), a prime contractor was hired for a water pipeline construction project. The contractor encountered unexpected difficult site conditions that required additional equipment and labor. The contractor informed the contracting officer and alleged it was instructed to proceed with the additional equipment and labor. The contractor submitted a claim under the CDA but the contracting officer denied the claim. The contractor pursued the claim in the United States Court of Federal Claims arguing the government breached the contract and, of interest, breached its duty of good faith and fair dealing. The government moved to dismiss the breach of good faith and fair dealing claim arguing that besides failing to state a cause of action the Court of Federal Claims had no jurisdiction because the breach of the duty of good faith and fair dealing was not properly presented to the contracting officer under the CDA. The Court of Federal Claims denied the government’s motion. Read the court decision
Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
Mr. Adelstein may be contacted at dma@kirwinnorris.com

---

Doctrine of Avoidable Consequences as Affirmative Defense

January 31, 2018 — David Adelstein - Florida Construction Legal Updates

The doctrine of avoidable consequences is an affirmative defense that can be used in certain property damage lawsuits. This is a defense that does not go to liability, but it goes to damages. This doctrine of avoidable consequences defense holds that a plaintiff cannot recover damages caused by a defendant that the plaintiff could have reasonably avoided . See Media Holdings, LLC v. Orange County, Florida, 43 Fla.L.Weekly D237c (Fla. 5th DCA 2018). Stated differently, if the plaintiff could have reasonably avoided the consequences of the damages caused by the defendant then the plaintiff cannot recover those damages. However, the defendant needs to prove this defense — the burden is on the defendant to establish this defense (ideally through expert testimony).

Read the court decision
Read the full story...
Reprinted courtesy of David Adelstein, Florida Construction Legal Updates
Mr. Adelstein may be contacted at dadelstein@gmail.com

---

Women Make Their Mark on Construction Leadership

April 22, 2019 — Annalisa Enrile & Oliver Ritchie - Construction Executive
In the era of the Lean In movement and the Women’s March, women are finding their voices and using them. In politics, in the classroom and even on the playing field, women’s participation and leadership are breaking records. However, this is not the case in the board room—especialy in the C-suite. The Russell 3000 Index, a market index that benchmarks the U.S. Stock Market, found that only 9 percent of top executive positions were filled by women. The construction industry reflects this low participation of female executives. Women in construction only number 9 percent across the board of the industry. Seven percent of all construction executives are women and only 3 percent of the Fortune 500 construction companies have a female construction manager. Most are in sales and office roles (about 45 percent). Russell 3000 also found that women who are in the C-suite usually fill more HR- or administrative-related positions with very few in COO or CEO positions. Women in leadership need to have real decision making power to progress further. On the upside, women in construction tend to have less of a pay gap than other industries—about 5 percent compared to 20 percent. Though she be but little, She is Fierce Despite their small numbers, women executives in construction are paving the way for others to access leadership. In 1984, 11 women created Women Construction Owners and Executives, an organization for support and professional development. Their purpose is to promote women into leadership, assist women in executive positions and encourage more women to join the industry. The National Association of Women in Construction and Women in Construction Operations are also resources and networks with thousands of members. Reprinted courtesy of Annalisa Enrile & Oliver Ritchie, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
Read the full story...
Reprinted courtesy of

---

Reminder: In Court (as in life) the Worst Thing You Can Do Is Not Show Up

September 28, 2017 — Christopher G. Hill - Construction Law Musings
As long time (and possibly recent) readers of Construction Law Musings know, I am a Virginia Supreme Court Certified Mediator. In that capacity, I spend quite a bit of time sitting in general district court courtrooms in places like Goochland and Caroline Counties “court sitting” awaiting a referral from the judge of a case with parties ready and willing to take advantage of the mediation process. As I sit there wearing my mediator “hat,” I see case after case be called for the first return date. Without fail, several cases are called where the defendant fails to appear after being served with process. There are even a case or two where the plaintiff (the party that picked the return date in the first place) fails to appear. In the first instance, where the defendant doesn’t appear, the judge almost inevitably enters a judgment for the amount sued for by the plaintiff. In the latter instance, the case is dismissed without prejudice to the plaintiff with a shake of the head by the judge at the wasted time and filing fee. This post focuses on the first case. Read the court decision
Read the full story...
Reprinted courtesy of Christopher G. Hill, Law Offices of Christopher G. Hill
Mr. Hill may be contacted at chrisghill@constructionlawva.com

---

Coronavirus and Contract Obligations

March 30, 2020 — David R. Cook - AHC Construction and Procurement Blog
The Coronavirus (COVID-19) pandemic has caused a global disruption to businesses, causing many to temporarily close and lay off employees. As businesses assess the short– and long–term economic impact of COVID-19, they should also evaluate what contractual obligations and remedies are available under various agreements (e.g., leases, vendor agreements, and supply agreements). When performance may be delayed or may not occur altogether, businesses should consider their force majeure clauses, if any, and the doctrines of impossibility, impracticability, and frustration of purpose. Force Majeure Generally, unless a contract provides that performance will be suspended or relieved when certain events occur (e.g., “acts of God,” government regulation, acts of war or terror, strikes), each party is obligated to perform. However, when there is an express force majeure provision, certain events or acts may excuse non-performance or delayed performance. But depending on the jurisdiction, courts may construe force majeure provisions narrowly and excuse performance only for those events expressly listed in the clause. Nonetheless, if the force majeure provision includes pandemic, epidemic, quarantine, government act, disease, or similar terms, then the COVID-19 pandemic may excuse performance or allow delayed performance. Read the court decision
Read the full story...
Reprinted courtesy of David R. Cook, Autry, Hall & Cook, LLP
Mr. Cook may be contacted at cook@ahclaw.com

---

Delaware River Interstate Bridge Shut to Assess Truss Fracture

January 26, 2017 — Justin Rice - Engineering News-Record
The Delaware River Bridge, which runs between Pennsylvania and New Jersey, was shut down indefinitely over the Jan. 22-23 weekend, after a large fracture was discovered in the bridge that connects the turnpikes of the two states. The fracture on a steel truss below the bridge deck on the Pennsylvania side was discovered during a routine check as part of a painting operation. Steel plates were installed to temporarily reconnect the fracture and stabilize the 1.5-mile bridge, which is located in Bucks County on I-276 and accommodates 42,000 vehicles a day. As engineers assess how the damage will impact the entire bridge, a sample from the fractured truss was sent to a forensic lab to determine the cause of the crack. A high-definition video survey is being used to monitor the bridge. Read the court decision
Read the full story...
Reprinted courtesy of Justin Rice, ENR
Mr. Rice may be contacted at ricej@enr.com

---