FAIRFIELD CONNECTICUT BUILDING EXPERT
DIRECTORY AND CAPABILITIES

Review of Recent Contractors State License Board Changes

February 27, 2023 — Alexander Moore - Kahana Feld
California’s Contractors State License Board (CSLB) was established in 1929 to protect California residents through licensing and regulating contractors working in the state. Today, the CSLB licenses approximately 290,000 contractors, utilizing forty-four different classifications. Each licensing classification specifies the type of contracting work permitted by that classification. The CSLB website (www.cslb.ca.gov) contains a wealth of information for contractors and non-contractor consumers alike. Consumers can use the website’s features to check the history and business information of contractors, searching via license number, business name, or individual name. License applicants can use the website for instructions and forms for the application process. Contractors can use the website for renewals, regulations, and various resources. One the CSLB’s most important roles is assisting contractors with keeping track of the multitude of state regulations, and periodic changes thereto, that apply to those in the construction trades. The CSLB posts periodic Industry Bulletins which provide helpful guidance and reminders of important construction topics. At year end, the CSLB issues a bulletin to update licensees of the changes to California Law that will become effective on the first of January in the coming year. Below are four of the more interesting and impactful statutory changes. Read the court decision
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Reprinted courtesy of Alexander Moore, Kahana Feld
Mr. Moore may be contacted at amoore@kahanafeld.com

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Florida Continues Enacting Tort Reforms, This Time Shortening the Statute of Repose

May 01, 2023 — William L. Doerler - The Subrogation Strategist
On April 13, 2023, Florida’s governor, Ron DeSantis, signed into law SB 360 which, among other things, shortens the statute of repose period for improvements to real property. The law also revises the date on which the statute of limitations period runs for these types of damage claims. Florida’s revision of this law provides further evidence of the state’s tort reform efforts. The new law went into effect upon signing and includes the following changes:

• Shortens the statute of repose period set forth in Fla. Stat. § 95.11(3)(c) for actions founded on the design, planning or construction of improvements to real estate from ten (10) to seven (7) years. The statute of repose period runs from the earliest (rather than the latest) of the date: a) the authority having jurisdiction issues a temporary certificate of occupancy; b) a certificate of occupancy; c) a certificate of completion; or d) of abandonment of construction if not completed. Of note, the revised repose period eliminates that date of actual possession by the owner as one of the accrual dates.

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Reprinted courtesy of William L. Doerler, White and Williams LLP
Mr. Doerler may be contacted at doerlerw@whiteandwilliams.com

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Five Construction Payment Issues—and Solutions

October 03, 2022 — Michael Bignold - Construction Executive
Sales are important for construction companies that want to succeed. However, while companies certainly need to spend time on sales and marketing, having a full order book is only part of the equation. They still need to do the work and, even more importantly, they need to be able to collect payment from customers. Here are common payment issues in the construction industry and what leaders can do to prevent or mitigate them. 1. Change Order Disputes If a project goes exactly as planned and quoted, billing the customer is a fairly simple matter. However, it’s very rare that any job goes exactly according to the quote in the construction business. Change orders, omissions and additions are typical on jobs of any size across the industry. If contractors are not handling those changes properly by getting everything in writing, they could be in trouble when the time comes to send invoices. Reprinted courtesy of Michael Bignold, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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London Office Builders Aren’t Scared of Brexit Anymore

May 26, 2019 — Jack Sidders - Bloomberg
For London office developers at least, the Brexit waiting game is over. Developers mostly steered clear of doing new projects on spec in the political upheaval that followed the U.K.’s 2016 vote to leave the European Union. Now the surprising resilience of London’s office market, highlighted by technology giants like Alphabet Inc. committing to open new bases in the city, has convinced them that it’s time to break ground. Read the court decision
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Reprinted courtesy of Jack Sidders, Bloomberg

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Review your Additional Insured Endorsement

March 26, 2014 — Beverley BevenFlorez-CDJ STAFF
In his blog, Construction Contractor Advisor, Craig Martin explained the importance of reviewing your additional insured endorsement. Martin pointed out that in Mississippi, the “Fifth Circuit Court of Appeals recently ruled in Woodward, LLC v. Acceptance Indemnity Insurance Company, that a general contractor, named as an additional insured, did not have coverage for claims that a subcontractor performed faulty work.” The problem “was the language in the additional insured endorsement, which provided coverage for ongoing operations, not completed operations.” While Martin admitted that the case applies to Mississippi, he concluded that “the issue Midwestern readers should consider is the court’s conclusion that non-conformance with the plans, in essence a construction defect claim, arises from completed operations.” Read the court decision
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Kahana Feld LLP Senior Attorney Rachael Marvin and Partner Dominic Donato Obtain Complete Dismissal of Plaintiff’s Labor Law Claims on Summary Judgment

August 19, 2024 — Rachel Marvin - Kahana Feld
Kahana Feld attorneys Rachael Marvin and Dominic Donato secured summary judgment dismissal of plaintiff’s Labor Law §§ 240(1), 241(6), and 200 claims asserted against their client, a general contractor of a housing project in Orange County, New York. The case involved a construction accident in which plaintiff fell while traversing a ramp, which was placed across an eight-foot-deep excavation trench. Plaintiff was employed by a subcontractor and was part of a crew performing the framing work on the project. The accident occurred when he exited his work area by walking across a ramp that was placed across the excavated trench, when the ramp gave way and plaintiff fell into the excavation. Read the court decision
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Reprinted courtesy of Rachel Marvin, Kahana Feld
Ms. Marvin may be contacted at rmarvin@kahanafeld.com

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The Colorado Court of Appeals Rules that a Statutory Notice of Claim Triggers an Insurer’s Duty to Defend.

October 23, 2012 — David M. McLain, Higgins, Hopkins, McLain & Roswell

Gene and Diane Melssen d/b/a Melssen Construction (“Melssen”) built a custom home for the Holleys, during which period of time Melssen retained a CGL insurance coverage from Auto Owners Insurance Company. Soon after completion of the house, the Holleys noticed cracks in the drywall and, eventually, large cracks developed in the exterior stucco and basement slab. Thereafter, the Holleys contacted Melssen, the structural engineer, an attorney, and Auto-Owners, which assigned a claims adjuster to investigate the claim.



In April 2008, the Holleys sent Melssen a statutory notice of claim pursuant to C.R.S. § 13-20-803.5 (“NOC”). In this NOC, the Holleys claimed approximately $300,000 in damages related to design and construction defects. The Holleys also provided a list of claimed damages and estimated repairs, accompanied by two reports from the Holleys’ consultant regarding the claimed design and construction defects. In June 2008, Melssen tendered the defense and indemnity of the claim to Auto-Owners. While Auto-Owners did not deny the claim at that time, it did not inspect the property or otherwise adjust the claim. Thereafter, in October 2008, Auto-Owners sent Melssen a letter denying coverage on the basis that the damage occurred outside of the applicable policy period.



Ultimately, Melssen settled the claims against it for $140,000.



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Reprinted courtesy of David McLain, Higgins, Hopkins, McLain & Roswell, LLC. Mr. McLain can be contacted at mclain@hhmrlaw.com

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Subcontract Requiring Arbitration Outside of Florida

August 07, 2018 — David Adelstein - Florida Construction Legal Updates
Have you entered into a subcontract that requires you to arbitrate disputes? If so, does the arbitration provision require you to arbitrate your dispute outside of Florida? If so, the case of Sachse Construction and Development Corp. v. Affirmed Drywall, Corp., 43 Fla. L. Weekly D1622e (Fla. 2d DCA 2018) applies and reinforces the notion: Read and consider what you sign! In Sachse Construction, a drywall subcontractor entered into a subcontract for a construction project in Miami with an arbitration provision. The subcontract provided that it shall be construed in accordance with Michigan law and required that arbitration shall take pace in Michigan per the Construction Industry Rules of the American Arbitration Association. Read the court decision
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Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

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