FAIRFIELD CONNECTICUT BUILDING EXPERT
DIRECTORY AND CAPABILITIES

The Top 10 Changes to the AIA A201: What You Need to Know

May 24, 2018 — Christopher G. Hill - Construction Law Musings
For this week’s Guest Post Friday here at Musings, we welcome back Melissa Dewey Brumback. Melissa is a construction law attorney with Ragsdale Liggett in Raleigh, North Carolina. Aside from the fact that she is a UNC grad and fan, she’s okay! In 2017, as it does every ten years, the American Institute of Architects (AIA) updated most of its standard form contract documents, including the A201 General Conditions. This cycle, the contract changes are evolutionary in nature, not revolutionary. Even so, it is crucial to know the changes to avoid making a fatal mistake that could cost you money on a construction project. In reverse order, the top 10 changes you need to know include: # 10: Differing Site Conditions Prior editions of the A201 provided that upon encountering differing site conditions, the Contractor was to promptly provide notice to the Owner and Architect, before the conditions are disturbed, and in no event later than 21 days after the conditions were first observed. A201–2017 shortens the time for notice from 21 to 14 days. Read the court decision
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Reprinted courtesy of Christopher G. Hill, The Law Office of Christopher G. Hill
Mr. Hill may be contacted at chrisghill@constructionlawva.com

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Construction Trust Fund Statutes: Know What’s Required in the State Where Your Project Is Underway

June 22, 2020 — Christopher D. Cazenave - ConsensusDocs
Construction trust fund statutes have been around for decades. At least 15 states have passed similar statutes. Other states, but not all, do not have an express statute but have interpreted state law to hold that payments received by a general contractor and deposited in a business account establishes a “trust fund.” See e.g., Cal. Bus. & Prof. Code § 7108. The purpose of these laws is straightforward—protect contractors and suppliers against nonpayment for the labor and materials provided for the construction or repair of property. But while the purpose is straightforward, each state’s law differs by imposing different requirements, different privileges, and different remedies. This article provides an overview of how these statutes work as well as a sampling of important requirements and potential pitfalls that you should look out for when a construction trust fund statute applies to your project. Read the court decision
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Reprinted courtesy of Christopher D. Cazenave, Jones Walker LLP
Mr. Cazenave may be contacted at ccazenave@joneswalker.com

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Best Lawyers Recognizes Twelve White and Williams Lawyers

September 15, 2016 — White and Williams LLP
The 2017 Best Lawyers in America list includes twelve White and Williams lawyers. Inclusion in Best Lawyers is based entirely on peer-review. The methodology is designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area. Best Lawyers employs a sophisticated, conscientious, rational, and transparent survey process designed to elicit meaningful and substantive evaluations of quality legal services.

2017 Best Lawyers
• Frank Bruno, Patent Law
• Richard Campbell, Product Liability Litigation – Defendants
• James Coffey, Mergers and Acquisitions Law
• Timothy Davis, Real Estate Law
• William Hussey, Tax Law; Trusts and Estates
• Michael Kraemer, Employment Law - Management; Labor Law - Management; Litigation - Labor and Employment
• Randy Maniloff, Insurance Law
• John Orlando, Personal Injury Litigation - Defendants
• Thomas Rogers, Real Estate Law
• Joan Rosoff, Real Estate Law
• Craig Stewart, Insurance Law; Product Liability Litigation - Defendants
• William Taylor, Construction Law
Read the court decision
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Reprinted courtesy of White and Williams LLP


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Be Careful in Contracting and Business

May 06, 2019 — Christopher G. Hill - Construction Law Musings
After an hour long phone conference with a client, I have had several thoughts, only a few of which I can share here (grin). The first is that my friends and clients in the construction industry are hurting, but need to work with an attorney to assure that the pain is lessened. The second is that more, not less, precision is needed in construction contracting these days. The reason for the first thought is that the construction industry has taken a hit lately. The news is fraught with stories of the economic downturn and its impact on construction. While the money may be hard to part with, all construction professionals should get their contracts and business practices audited regularly to avoid risk and assure, as best as is possible, that they are protected. One place to get such triage is at my firm. If you don’t use me, please use someone else. On the second point, clients need attorney fees provisions, indemnity clauses and to assure that a scope of work is very specifically defined. Wiggle room is not available. In tough economic times. Owners will look for something closer to perfection when money is tight than when money is not. Contractors should also. Your contract is the first line of defense. While no contract can possibly cover every contingency and contracts are only as good as those who sign them when it comes right down to it, a good base contract is the best shield. Read the court decision
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Reprinted courtesy of The Law Office of Christopher G. Hill
Mr. Hill may be contacted at chrisghill@constructionlawva.com

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A Tuesday With Lisa Colon

July 02, 2024 — Lisa Colon - The Dispute Resolver
As a seasoned construction lawyer, I've always prided myself on being independent and tough. However, my toughness was tested when my life took an unexpected turn. In 2013, I was diagnosed with a genetic cardiomyopathy, a condition which made it harder for my heart to pump blood. That diagnosis in itself was devasting since I had to change many things about the way I lived, including having to abandon running, my favorite hobby. After living 10 years in this new normal, in May 2023, I was told my right ventricle was no longer working and there were no further therapies available. I needed a heart transplant. The journey was long, arduous, and filled with both physical and emotional challenges. This life-altering experience not only gave me a new lease on life but also profoundly changed my perspective on practicing law. In this post, I will share three key lessons I learned from my heart transplant journey that have significantly impacted how I approach my legal practice. Lesson 1: The Importance of Patience and Persistence The journey to receiving a heart transplant is often fraught with uncertainty and long waiting periods. My new heart came quickly. I waited 22 days on the transplant list, but for me, the wait seemed interminable, filled with numerous hospital visits, medical tests, and moments of despair. Then came the recovery. The early days were filled with weekly biopsies, unimaginable nerve pain, and days of wondering if things would ever get better. During this time, I learned the true meaning of patience. Each day was a test of my resolve, and giving up was never an option. I had to persist through the toughest days, believing that a positive outcome was possible. Read the court decision
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Reprinted courtesy of Lisa Colon, Saul Ewing
Ms. Colon may be contacted at lisa.colon@saul.com

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Quick Note: Attorney’s Fees on Attorney’s Fees

June 13, 2022 — David Adelstein - Florida Construction Legal Updates
In a recent case, the appellate court held that the attorney’s fees provision in the contract was NOT broad enough to entitle the prevailing party to recover attorney’s fees for litigating the amount of attorney’s fees. This is known as “fees on fees” which is when you can recover your prevailing party attorney’s fees when you are fighting over the quantum that should be awarded to you as the prevailing party. The attorney’s fees provision at-issue stated: “In any lawsuit to enforce the Lease or under applicable law, the party in whose favor a judgment or decree has been rendered may recover its reasonable court costs including attorney’s fees from the non-prevailing party.” Language similar to this language can be found in many contracts as a prevailing party attorney’s fees provision. However, this provision was NOT broad enough to recover “fees on fees.” As explained in this article, if this is a consideration, you can negotiate or include this provision into your construction contract by expanding the scope of the prevailing party attorney’s fees provision to clarify that it entitles the prevailing party to recover attorney’s fees in litigating the amount of attorney’s fees. 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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Unravel the Facts Before Asserting FDUTPA and Tortious Interference Claims

September 05, 2022 — David Adelstein - Florida Construction Legal Updates
CMR Construction and Roofing, LLC v. UCMS, LLC, 2022 WL 3012298 (11th Cir. 2022) is an interesting opinion where a contractor asserted a Florida’s Deceptive and Unfair Trade Practices Act (known by its acronym “FDUTPA”) claim and tortious interference claims (with a contract and with an advantageous business relationship) against another contractor, i.e., a competitor, that were dismissed from the get-go. It is an opinion worthy of interest based on the claims asserted against a competitor. Throwing around FDUTPA and tortious interference may sound good from an intimidation standpoint, but pleading and then proving these claims are a lot different than loosely throwing around these claims. Before filing a lawsuit for FDUTPA and tortious interference, spend time unraveling the facts and the chronology. Do not rely on conclusory allegations simply to check the box regarding required elements to plead while ignoring the actual facts that support the allegations. These are fact-based claims and it is imperative the facts are fully known from on the onset so that they can be strategically pled and pursued. In this matter, a contractor, the plaintiff, was hired by a condominium association around April 2018 to repair damage caused by a hurricane which included roofing work. The association was going to have its insurer pay its contractor. In May 2020, the association hired a new contractor to perform the same work (the “new contractor”). The association then directed the plaintiff to cease work since it hired the new contractor. 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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California Department of Corrections Gets Hit With the Prison Bid Protest Blues

October 16, 2018 — Garret Murai - California Construction Law Blog
“I’m breakin’ rocks in the hot sun . . . I fought the law and the law won . . . I needed money ’cause I had none . . . I fought the law and the law won” – The Clash, I Fought the Law (1978) In the recent case, West Coast Air Conditioning Company, California Department of Corrections and Rehabilitation, Case No. D071106 (February 22, 2018), those lyrics could be aptly revised to, “the law fought the courts and the courts won.” West Coast Air Conditioning Company, Inc. v. California Department of Corrections In February 2015, the California Department of Corrections and Rehabilitation (CDCR) published an invitation for bids for a new central air conditioning plant for the Ironwood State Prison in Blythe, California. West Coast Air Conditioning Company, Inc., Hensel Phelps Construction Co., and four other companies submitted bids. Read the court decision
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Reprinted courtesy of Garret Murai, Wendel, Rosen, Black & Dean LLP
Mr. Murai may be contacted at gmurai@wendel.com

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