FAIRFIELD CONNECTICUT BUILDING EXPERT
DIRECTORY AND CAPABILITIES

Contractor's Agreement to Perform Does Not Preclude Coverage Under Contractual Liability Exclusion

January 31, 2014 — Tred R. Eyerly – Insurance Law Hawaii
In a much anticipated decision, the Texas Supreme Court ruled that a general contractor who agrees to perform its work in a good and workmanlike manner does not "assume liability" for damages arising out of its defective work so as to trigger the Contractual Liability Exclusion. Ewing Constr. Co., Inc. v. Amerisure Ins. Co., 2014 Tex. LEXIS 39 (Tex. Jan.17, 2014). Ewing signed an agreement with the School District to serve as general contractor to renovate and build additions to a school, including tennis courts. After construction was completed, the tennis courts started flaking, crumbling, and cracking. The School District filed suit, alleging breach of contract and negligence. Read the court decision
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Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii
Mr. Eyerly may be contacted at te@hawaiilawyer.com

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The Credibility of Your Expert (Including Your Delay Expert) Matters in Construction Disputes

October 03, 2022 — David Adelstein - Florida Construction Legal Updates
Here is a quote from a judge in an order after the bench trial of a complex construction dispute between a prime contractor and subcontractor on a federal project:

The evidence received in this case demonstrates the dynamic nature of complicated construction projects. At every step, the details matter, and coordination and cooperation among the companies tasked with performing the job is essential. Thankfully, as even this case shows, most disagreements that arise as projects evolve are handled during construction, far away from a courthouse, by the professionals who know best how to achieve the ultimate goal of a completed project.

U.S. f/u/b/o McKenney’s, Inc. v. Leebcor Services, LLC, 2022 WL 3549980, *1 (E.D. Va. 2022).

This is a true statement. A statement that parties should remember as they navigate the nuances of a complicated construction project and dispute. The facts of the case, however, would hardly be construed as a win for either party. Something else for parties to consider as they navigate the nuances of a complicated construction project and dispute. Read the court decision
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Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
Mr. Adelstein may be contacted at dma@kirwinnorris.com

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Ohio Court Finds No Coverage for Construction Defect Claims

March 28, 2012 — Tred R. Eyerly - Insurance Law Hawaii

Charles and Valerie Myers hired Perry Miller to build their home. Myers v. United Ohio Ins. Co., 2012 Ohio App. LEXIS 287 (Ohio Ct. App. Jan. 26, 2012). After completion of the home, Miller was again hired to construct an addition which included a full basement, staircases, bathroom, bedroom, hallway and garage.



After the addition was completed, one of the basement walls began to crack and bow. Miller began to make repairs, but eventually stopped working on the project. Other contractors were hired to make repairs, but further problems developed. A second basement wall began to bow and crack, allowing water into the basement. The wall eventually had to be replaced. Subsequently, the roof over the addition began to leak in five or six places before the drywall could be painted. The leaks caused water stains on the drywall and caused it to separate and tear. It was discovered the roof needed to be replaced.



The Myers sued Miller and his insurer, United Ohio Insurance Company. The trial court ruled that the policy did not provide coverage for faulty workmanship, but did provide coverage for consequential damages caused by repeated exposure to the elements. United Ohio conceded liability in the amount of $2,000 to repair water damage to the drywall. United Ohio was also found liable for $51,576, which included $31,000 to repair the roof and ceiling and $18,576 to replace the basement wall.

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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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Acquisition, Development, and Construction Lending Conditions Ease

May 21, 2014 — Beverley BevenFlorez-CDJ STAFF
According to the National Association of Home Builders’ (NAHB) Eye on Housing, “[b]uilders and developers continue to report easing credit conditions for acquisition, development, and construction (AD&C) loans according to NAHB’s survey on AD&C financing.” Eye on Housing stated that while “commercial banks remain the primary source of credit for AD&C by a wide margin, private individual investors have emerged as a viable alternative, especially for A&D loans.” Read the court decision
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Gilbert’s Plan for Downtown Detroit Has No Room for Jail

October 08, 2014 — Chris Christoff – Bloomberg
Billionaire Dan Gilbert envisions a vibrant and shiny downtown Detroit, where he owns a casino and about 60 buildings. His urban Eden doesn’t include a jail with 2,000 criminals. Gilbert is resisting county officials’ plans to restart construction on a half-finished jail mired in cost overruns, criminal investigations and debt. The project, which the Wayne County Commission may revive tomorrow, would replace a complex on land that Gilbert, the 52-year-old founder and chairman of Detroit-based Quicken Loans Inc., offered to buy for $50 million to build a hotel, housing and stores. The dispute over the jail, which has sat unfinished for 16 months, pits one of Detroit’s most prominent boosters against a county government over how to reinvigorate the city’s heart. Gilbert, whose company is the nation’s largest online retail mortgage lender, has invested $1.3 billion there, betting on the former auto-manufacturing capital’s resurgence after decades of decline that pushed it into a record $18 billion municipal bankruptcy. Read the court decision
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Reprinted courtesy of Chris Christoff, Bloomberg
Mr. Christoff may be contacted at cchristoff@bloomberg.net

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Virginia Chinese Drywall and pollution exclusion

May 27, 2011 — CDCoverage.com

In Nationwide Mut. Ins. Co. v. The Overlook, LLC, No. 4:10cv69 (E.D. Va. May 13, 2011), homeowner Edmonds sued insured developer/general contractor Overlook seeking damages resulting from defective Chinese drywall installed in Edmonds’ home. Overlook’s CGL insurer Nationwide defended Overlook under a reservation of rights and filed a declaratory judgment action. The federal district trial court granted Nationwide’s motion for summary judgment.

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Reprinted courtesy of CDCoverage.com

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Happenings in and around the 2016 West Coast Casualty Seminar

April 20, 2016 — Beverley BevenFlorez-CDJ STAFF
The West Coast Casualty Construction Defect Seminar returns to the Disneyland Hotel next month (May 12th-13th) and the Construction Defect Journal has compiled a list of concerts, sporting events, and museum exhibitions taking place in and around Anaheim. Whether you like to spend your personal time checking out a new band, or watching your favorite Angel slide into home, or perusing the local art museum, there is something to spark your interest. CONCERT VENUES THE HOUSE OF BLUES IN ANAHEIM Located in Downtown Disney, The House of Blues in Anaheim is a short walk from the convention hall.

Breakthru Entertainment Presents… Tuesday, May 10th Starting at 630pm For More Information...

Totally 80’s Live Friday, May 13th at 7pm For More Information...

THE GROVE OF ANAHEIM Near Angel Stadium, the Grove of Anaheim is just a few miles away from the seminar location.

Luca Turilli’s Rhapsody & Primal Fear Thursday, May 12th Doors Open at 7pm For More Information and to Purchase Tickets...

SPORTING EVENTS ANGEL’S STADIUM – BASEBALL Take care of your popcorn-and-peanuts-and-cracker-jacks fix while cheering for the Angel’s—conveniently just a few miles from the Disneyland Hotel.

Angels v. Cardinals Tuesday, May 10th at 7:05pm For More Information and to Purchase Tickets...

Angels v. Cardinals Wednesday, May 11th at 7:05pm For More Information and to Purchase Tickets...

FAIRS AND FESTIVALS Art Crawl Experience Every quarter, Downtown Anaheim hosts an art walk that includes live entertainment, local artists, as well as food and craft vendors.

Saturday, May 14 from 6pm to 10pm For More Information...

MUSEUM EXHIBITIONS MUZEO This local museum and cultural center is a short drive from the convention hall.

Exhibition: Master Craft: The Art of Woodworking March 12th, 2016-May 21st, 2016 Museum Days/Hours: Tuesday – Sunday (Closed Mondays) / 10 am to 5 pm For More Information...

Exhibition: “A Touch of Africa in Anaheim” by Da African Village: the Art of Senegal and neighboring countries April 30th, 2016 – May 30th, 2016 Museum Days/Hours: Tuesday – Sunday (Closed Mondays) / 10 am to 5 pm For More Information...

BOWERS MUSEUM (Santa Ana) Voted “The Best Museum in Orange County” by OC Register Readers for 16 consecutive years, this arts and cultural center is worth the fifteen minute drive.

Exhibition: Once Upon a Time April 16th, 2016-August 28th, 2016 Museum Days/Hours: Tuesday – Sunday (Closed Mondays) / 10 am to 4 pm For More Information...

Exhibition: Mummies of the World March 19th, 2016-September 5th, 2015 Museum Days/Hours: Tuesday – Sunday (Closed Mondays) / 10 am to 4 pm For More Information...

Exhibition: Mystery from the Tomb: The Face Beneath the Mask December 8th, 2015-TBD Museum Days/Hours: Tuesday – Sunday (Closed Mondays) / 10 am to 4 pm For More Information...

Exhibition: Popul Vuh: Watercolors of Diego Rivera December 12th, 2015 – May 29th, 2016 Museum Days/Hours: Tuesday – Sunday (Closed Mondays) / 10 am to 4 pm For More Information...

Lecture: Popul Vuh: Art in Context (6-Part series): The Rise of Modernism in Europe: Realist Shifts in the Nineteenth Century (Part 3) Wednesday, May 11 at 11am-12pm For More Information...

Lecture: ARCE Weekend Lecture: Sudanese Antiquity: New Insights from the ‘Bio-archaeology of Nubia Expedition (BONE)’ Saturday, May 14 at 130pm-3pm For More Information...

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Five Facts About Housing That Will Make People In New York City and San Francisco Depressed

February 26, 2015 — Flavia Krause-Jackson and Alexandre Tanzi – Bloomberg
If you live in New York or San Francisco, you should spend some time mining the latest crop of home price data -- starting with the Standard & Poor’s Case-Shiller indices. Then, pull out your last rent check. It might be enough to make you move. Here are a few things to get you thinking: 1. What you pay for parking in New York can buy a cheap home in Chicago The cheapest tier of homes in the Windy City were valued at less than $170,368 in November, the Case-Shiller tiered-price indices show (there are three tiers: low, middle and high). That compares to the $136,052 average price tag for parking space in New York last year, according to Jonathan J. Miller, the president of the appraisal firm Miller Samuel and a Bloomberg View contributor. Reprinted courtesy of Flavia Krause-Jackson, Bloomberg and Alexandre Tanzi, Bloomberg Read the court decision
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