Fairfield Connecticut Building Expert Directory

Residential Mortgage Lenders and Servicers Beware of Changes to Rule 3002.1

December 08, 2016 — James C. Vandermark & Amy E. Vulio – White and Williams LLP
This December, residential mortgage lenders and servicers will be required to comply with new requirements for providing notices of payment changes (PCNs) and post-petition fees, expenses, and charges (PPFNs) to mortgage borrowers in Chapter 13 bankruptcies. While the new Federal Bankruptcy Rule 3002.1 will provide much needed clarity, it will also significantly increase the number of PCNs and PPFNs that lenders will need to file. Reprinted courtesy of James C. Vandermark, White and Williams LLP and Amy E. Vulio, White and Williams LLP Mr. Vandermark may be contacted at vandermarkj@whiteandwilliams.com Ms. Vulpio may be contacted at vulpioa@whiteandwilliams.com Read the court decision
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Coverage for Construction Defect Barred by Contractual-Liability Exclusion

July 30, 2014 — Tred R. Eyerly – Insurance Law Hawaii
Relying upon precedent from the Texas Supreme Court, the Fifth Circuit upheld the District Court's denial of coverage based upon the policy's contractual-liability exclusion. Crownover v. Mid-Continent Cas. Co., 2014 U.S. App. LEXIS 12158 (5th Cir. June. 27, 2014). The Crownovers entered a construction contract with Arrow Development, Inc. to construct a home. Paragraph 23.1 of the contract contained a warranty-to-repair clause, which provided Arrow "would correct work . . . failing to conform to the requirements of the Contract Documents." After the work was completed, cracks began to appear in the walls and foundation of the Crownovers' home. Additional problems with the heating, ventilation, and air conditioning system caused leaking in exterior lines and air ducts inside the home. When Arrow refused to correct the problems, the Crownovers initiated arbitration. The arbitrator found that the Crownovers had a meritorious claim for breach of the express warranty to repair contained in paragraph 23.1 of the construction contract. Damages were awarded. 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

John Aho: Engineer Pushed for Seismic Safety in Alaska Ahead of 2018 Earthquake

February 06, 2019 — Christine Kilpatrick - Engineering News-Record
The son of a pioneer bush pilot in Alaska, structural engineer John Aho spent decades working toward earthquake preparedness. He helped found a key seismic safety commission in the state, and serves on the City of Anchorage’s geotechnical advisory group. The fruits of his labor were clearly demonstrated on the morning of Nov. 30, when the magnitudes 7.0 and 5.7 earthquakes that struck the city caused limited structural damage, partly due to stringent building requirements. Read the court decision
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Reprinted courtesy of Christine Kilpatrick - ENR
Ms. Kilpatrick may be contacted at kilpatrickc@enr.com

Viewpoint: A New Approach to Job Site Safety Reaps Benefits

June 30, 2016 — Jimmy Morgan & Eric Pfeiffer – Engineering News-Record
Every organization that participates in the construction and manufacturing industries understands that safety is critical to success and strives to end each day injury-free and incident-free. Read the court decision
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Reprinted courtesy of Jimmy Morgan & Eric Pfeiffer, Engineering News-Record
Comments or questions regarding this story may be submitted to ENR.com@bnpmedia.com

DHS Awards Contracts for Border Wall Prototypes

September 20, 2017 — Engineering News-Record
The Dept. of Homeland Security has awarded eight contracts to companies to develop prototypes for the Trump administration’s proposed wall along sections of the nearly 2,000-mile U.S.-Mexico border. The contracts are divided evenly between concrete and nonconcrete options. DHS’s Customs and Border Protection agency didn’t specify what sort of materials would be used in the nonconcrete barriers. Read the court decision
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Reprinted courtesy of Engineering News-Record
ENR staff may be contacted at ENR.com@bnpmedia.com

Equities Favor Subrogating Insurer Over Subcontractor That Performed Defective Work

August 04, 2015 — Christopher Kendrick and Valerie A. Moore – Haight Brown & Bonesteel LLP
In Valley Crest Landscape v. Mission Pools (No. G049060, filed 6/26/15, ord. pub. 7/2/15), a California appeals court held that equities favor an insurer seeking equitable subrogation over a subcontractor that agreed to defend and indemnify claims arising out of its performance of work under the subcontract. Valley Crest contracted to build a pool at the St. Regis Hotel in Dana Point. Valley Crest subcontracted with Mission Pools to perform the work. The master contract contained an indemnity clause in favor of St. Regis, and the subcontract contained an indemnity clause in favor of Valley Crest. An intoxicated guest who was rendered quadriplegic after diving in the shallow end of the pool sued the hotel, Valley Crest, Mission and others involved in the design, construction and operation of the pool. The suit included allegations that the pool depth was improperly marked; there was inadequate warning signage; and the pool finish caused the pool to appear deeper than it was. Valley Crest tendered its defense to Mission Pools under the subcontract’s indemnity agreement. When Mission did not respond, Valley crest filed a cross-complaint for indemnity. All parties ultimately reached a settlement with the injured plaintiff, leaving Valley Crest’s cross-complaint against Mission Pools. Reprinted courtesy of Christopher Kendrick, Haight Brown & Bonesteel LLP and Valerie A. Moore, Haight Brown & Bonesteel LLP Mr. Kendrick may be contacted at ckendrick@hbblaw.com; Ms. Moore may be contacted at vmoore@hbblaw.com Read the court decision
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Firm Seeks to Squash Subpoena in Coverage CD Case

May 20, 2015 — Beverley BevenFlorez-CDJ STAFF
According to the New Jersey Law Journal, the insurance firm Carroll McNulty & Kull was “subpoenaed in connection with an out-of-state coverage dispute stemming from construction litigation that yielded a $55 million verdict," and "is fighting a demand that it hand over its file.” Carroll McNulty & Kull told the New Jersey Law Journal that “the subpoena ‘is a transparent attempt to obtain documents ordinarily protected by the attorney-client privilege and work product doctrine.” The New Jersey Law Journal reported that the subpoena “seeks ‘your entire file for the time period beginning Oct. 1, 2012, and ending June 19, 2014, pertaining in any manner to insurance policies issued by Crum and Forster Specialty Insurance Company.’ Included in the demand are ‘all handwritten or electronically stored notes; electronic and other communications,’ ‘emails and all attachments to those emails, time records, and bills,’ and ‘any documents and materials reviewed.’” U.S. District Judge Peter Sheridan has been assigned the motion to quash. Read the court decision
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Court Rules in Favor of Treasure Island Developers in Environmental Case

July 09, 2014 — Beverley BevenFlorez-CDJ STAFF
A California court ruled that the Environmental Impact Report (EIR) that had been approved by the city of San Francisco was adequate for the proposed 8,000-home development on Treasure Island, according to the San Francisco Business Times. The suit had been brought by Citizens for a Sustainable Treasure Island back in 2011. However, in December of 2012, “a lower court affirmed the EIR and the citizens’ group appealed that decision.” The project was proposed by partners Lennar Corp. and Wilson Meany. The development would “add thousands of new housing units along with retail, hotel and office space in addition to renovating historic buildings and creating 300 acres of open space.” Read the court decision
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