Fairfield Connecticut Building Expert Directory

Is a Text a Writing?

June 10, 2024 — Michael Yelle - Ahlers Cressman & Sleight PLLC
Is a text message a writing? Project communication is constantly evolving, and text messages are an increasingly common way teams share pictures, video, and provide project updates. When texting is part of the communication flow on a project, contractors and owners might text approvals for extra work, notices of changed conditions, or other information that could be a basis for a change order. In a text exchange about a compensable event, the notice, reply, and approval are all saved on the phone. But contracts often contain specific requirements for a contractor or subcontractor to request changes and authorization to proceed may be specifically required in writing. For example, the Associated General Contractors of Washington – 2018 Standard Subcontract says the “Subcontractor shall make no claims for extras unless the same shall be agreed upon in writing by Contractor prior to performance of any such extra work.” (emphasis added). The AGC subcontract doesn’t define “writing,” so the subcontractor and contractor might wonder if a text message exchange about a potentially compensable event was an “agreement in writing.” Read the court decision
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Reprinted courtesy of Michael Yelle, Ahlers Cressman & Sleight PLLC
Mr. Yelle may be contacted at michael.yelle@acslawyers.com

No Signature, No Problem: Texas Court Holds Contractual Subrogation Waiver Still Enforceable

April 10, 2023 — Gus Sara - The Subrogation Strategist
In Chubb Lloyds Inc. Co. of Tex. v. Buster & Cogdell Builders, LLC, No. 01-21-00503-CV, 2023 Tex. App. LEXIS 676, the Court of Appeals of Texas, First District (Court of Appeals) considered whether the lower court properly dismissed the plaintiff’s subrogation case by enforcing a subrogation waiver in a construction contract which was not fully executed. The contract was signed by only one of the two subrogors and was not signed by the defendant general contractor. The Court of Appeals affirmed the trial court’s decision, holding that despite the lack of signatures, the evidence established mutual assent to the contractual terms by all parties. The plaintiff’s subrogors, Jeffrey and Mary Meyer (collectively, the Meyers), retained defendant Buster & Codgell Builders (BCB) to expand their residence. BCB drafted a contract using the American Institute of Architects (AIA) standard form contract for residential construction. The AIA contract included, by reference, a subrogation waiver that applied to BCB and its subcontractors. Prior to beginning the work, BCB emailed Jeffrey Meyer a version of the contract that only had one signature block for both Jeffrey and Mary Meyer. Minutes later, BCB sent a second version of the contract which had a signature line for each of the Meyers. However, Jeffrey Meyer signed the first version of the contract and emailed it back to BCB. In the subject line of his email, Mr. Meyers asked that BCB countersign and return the contract. BCB did not sign and return the contract. Read the court decision
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Reprinted courtesy of Gus Sara, White and Williams
Mr. Sara may be contacted at sarag@whiteandwilliams.com

Home Prices Expected to Increase All Over the U.S.

July 09, 2014 — Beverley BevenFlorez-CDJ STAFF
According to a survey of the National Association of Realtors (as quoted by the Housing Wire), home prices are expected “to increase in all states and the District of Columbia over the next 12 months, with most of the heavy growth in Florida, Texas, and California, among other states.” The highest expected price growth was “in states with low inventory levels, strong cash sales, and strong growth sectors (e.g., technology, oil).” Read the court decision
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Reprinted courtesy of

Judgment for Insured Upheld After Insurer Rejects Claim for Hurricane Damage

April 15, 2015 — Tred R. Eyerly – Insurance Law Hawaii
The Texas Court of Appeals affirmed a trial court's judgment as modified against Lloyds for improperly denying a claim for damage caused by Hurricane Ike. Nat'l Lloyds Ins. Co. v. Lewis, 2015 Tex. App. LEXIS 1573 (Tex. Ct. App. Feb. 19, 2015). Lewis sued Lloyds, alleging that, although her home and personal property were seriously damaged by Hurricane Ike, her claim was denied. At trial, Lloyds testified that the damage to Lewis' home had been previously caused by Hurricane Rita and Lloyds had already paid for repair of the roof. Nevertheless, Lewis had not used the payment for roof repairs. Lewis admitted that she used some of the payment after Hurricane Rita to purchase a generator and for evacuation expenses, but the majority of the payment was used for roof repairs. Lewis' expert engineer testified that the damage to Lewis' home was caused by wind and water intrusion through a hole caused by a tree limb that fell during Hurricane Ike. The expert further opined that the cost to mitigate the damage to the home and bring it up to livable standard was $156,155. Further, the home was a constructive total loss. 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

Hoboken Mayor Admits Defeat as Voters Reject $241 Million School

February 21, 2022 — Nic Querolo - Bloomberg
Hoboken Mayor Ravi Bhalla said late Tuesday that the city’s $241 million bond referendum to build a new high school won’t pass. “While the will of the voters has made it clear that the Board of Education’s current proposal for the new high school will not move forward, I sincerely believe that the effort to improve our public schools will continue,” Bhalla said in a statement. While the board of education put forth the proposal, the mayor was a big proponent. The vote in a special election Tuesday was one of the costliest school construction referendums in New Jersey history. The bond was failing 66% to 34%, with 35 out of 42 precincts reporting, according to unofficial results posted by Hudson County as of Wednesday morning. About 7,500 ballots had been cast, translating to a roughly 17% turnout, which is strong for a school bond vote. Read the court decision
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Reprinted courtesy of Nic Querolo, Bloomberg

Montana Court Finds Duty to Defend over Construction Defect Allegation

February 14, 2013 — CDJ STAFF
The U.S. District Court for Montana recently ruled on a case with underlying construction defect issues. Brian Margolies discussed Lukes v. Mid-Continent on the blog run by his firm, Traub Lieverman Straus & Shrewsberry LLP. In the construction defect case, the homeowner “alleged that the siding warped and pulled away from the house, which allowed for water intrusion and resulting exterior and interior damage.” Further, there were claims that “the insured or its subcontractor failed to install proper flashing, which also allowed for water intrusion.” The insured was Bernie Rubio, who had a general liability policy from Mid-Continent. Mid-Continent disclaimed coverage, citing sections of the business risk exclusions. The court did not find the clauses ambiguous, but concluded that they didn’t apply to the facts of the case. While the court concluded that Mid-Continent had a duty to defend, they did not determine if there was a duty to indemnify. Read the court decision
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Reprinted courtesy of

Just Because You Caused it, Doesn’t Mean You Own It: The Hooker Exception to the Privette Doctrine

March 06, 2023 — Garret Murai - California Construction Law Blog
We’ve written before about the Privette doctrine, which establishes a presumption that a hirer of an independent contractor delegates to the contractor all responsibility for workplace safety. In other words, if a general contractor hires a subcontractor, the subcontractor is solely responsible for the safety of its workers. There are two major exceptions to the Privette doctrine. The first, the Hooker exception, holds that a hirer may be liable when it retains control over any part of the independent contractor’s work and negligently exercises that retained control in a manner that affirmatively contributes to the worker’s injury. The second, the Kinsman exception, holds that a hirer may be liable for injuries sustained by a worker of an independent contractor if the hirer knew, or should have known, of a concealed hazard on the property that the contractor did not know of and could not have reasonably discovered and the hirer failed to warn the contractor of the hazard. Read the court decision
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Reprinted courtesy of Garret Murai, Nomos LLP
Mr. Murai may be contacted at gmurai@nomosllp.com

Wave Breaker: How a Living Shoreline Will Protect a Florida Highway and Oyster Bed

December 23, 2024 — Derek Lacey - Engineering News-Record
A living shoreline being constructed in the Florida Panhandle's Apalachicola Bay is protecting a critical local highway, while fostering marsh areas and oyster habitat that’s seen years of decline. Read the court decision
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Reprinted courtesy of Derek Lacey, Engineering News-Record
Mr. Lacey may be contacted at laceyd@enr.com

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