Fairfield Connecticut Construction Expert Witness Directory

At Long Last, the Colorado Legislature Gets Serious About Construction Defect Reform – In a Constructive Way

February 12, 2024 — David McLain - Higgins, Hopkins, McLain & Roswell, LLC
On February 5th, Senators Zenzinger and Coleman, along with Representative Bird, introduced Senate Bill 24-106 into the Colorado Legislature. The bill has been assigned to the Senate Committee on Local Government and Housing. What follows are the various portions of the bill I believe to be the most impactful, as described in the bill summary, along with my commentary thereon: Sections 3 and 6 – A True Right to Repair Sections 3 and 6 create a right for a construction professional to remedy a claim made against the construction professional by doing remedial work or hiring another construction professional to perform the work. The following applies to the remedy:

The construction professional must notify the claimant and diligently make sure the remedial work is performed; and
Upon completion, the claimant is deemed to have settled and released the claim, and the claimant is limited to claims regarding improper performance of the remedial work.

Read the full story...
Reprinted courtesy of David McLain, Higgins, Hopkins, McLain & Roswell, LLC
Mr. McLain may be contacted at mclain@hhmrlaw.com

A Brief Primer on Perfecting Your Mechanics Lien When the Property Owner Files Bankruptcy

January 22, 2024 — William L. Porter - Porter Law Group
Overview of the Mechanics Lien Law This is a brief description of steps to be taken when the Owner of property on which you have recorded a mechanics lien files bankruptcy. The California mechanics lien is a powerful tool for contractors, subcontractors and materials suppliers to secure payment of unpaid construction debts. A contractor, subcontractor or materials supplier is allowed to record a mechanics lien on real property, based on the value added to the property by the claimant during the construction process. The recorded mechanics lien provides the claimant with legal right to force the sale of the improved real property and thereby obtain the funds necessary to pay the delinquent debt. Under the usual procedure, the first step is the recording of the mechanics lien with County Recorder’s office in the County where the property is located. A lawsuit to foreclose on the lien must then be filed in the County Superior Court of that County, within ninety (90) days after the mechanics lien is recorded. The goal of the lawsuit is to obtain a judgment for foreclosure on the mechanics lien in order to force a sale of the property. The net proceeds of the sale will be used to pay the unpaid construction debt secured by the recorded mechanics lien, assuming sale proceeds exceed the amount of senior liens and encumbrances. Read the full story...
Reprinted courtesy of William L. Porter, Porter Law Group
Mr. Porter may be contacted at bporter@porterlaw.com

Perez Broke Records … But Should He Have Settled Earlier?

February 19, 2024 — Sofya Uvaydov & John F. Watkins - Kahana Feld
In 2021, Mark Perez’ Labor Law 240(1) lawsuit made legal news by breaking the record of the highest appellate-sustained pain and suffering award in New York history. While that record was short-lived, it still maintains its place as New York’s highest-ever pain and suffering award for a brain injury. This January 17th, the Appellate Division, First Department revisited the litigation but, this time, in a dispute between Perez and his then-lawyer, Ben Morelli and the Morelli Law Firm. Mr. Perez claims breach of contract over a 10% additional contingency fee charge related to the Perez v. Live Nation appeal and breach of fiduciary duty by his counsel in failing to convey settlement offers during the lifetime of the case. The Morelli firm counters, among other things, that the prior settlement offers – a $30 million offer during the 2019 trial and intermediate sums during the appellate stage – were still lower than the ultimate $55 million settlement. No harm, Mr. Morelli argues, and thus no foul in failing to convey the offers. But is that so? Did Mark Perez ultimately receive more money in his $55 million settlement than from the $30 million settlement offer mid-trial? Despite the glaring $25 million difference, the surprising calculations show that Perez would have been financially better off taking the $30 million mid-trial settlement. Reprinted courtesy of Sofya Uvaydov, Kahana Feld and John F. Watkins, Kahana Feld Ms. Uvaydov may be contacted at suvaydov@kahanafeld.com Mr. Watkins may be contacted at jwatkins@kahanafeld.com Read the full story...

Unesco Denies Claim It Cleared Construction of Zambezi Dam

November 06, 2023 — Antony Sguazzin - Bloomberg
Unesco denied that it cleared Zimbabwe and Zambia to proceed with the construction of a $5 billion hydropower dam downstream from the Victoria Falls, which it has designated as a World Heritage Site. Munyaradzi Munodawafa, chief executive officer of the Zambezi River Authority, said in an earlier interview that Unesco’s World Heritage Committee “agreed that Batoka could go ahead,” referring to the planned dam and 2,400-megawatt power plant on the Zambezi River. Munodawafa didn’t answer calls or text messages to his mobile phone. “The decision taken by the committee raises several concerns regarding the site, including the inevitable negative impacts of the Batoka Gorge” project, Unesco said in a response to queries. Read the full story...
Reprinted courtesy of Antony Sguazzin, Bloomberg

Cultivating a Company Culture Committed to Safety, Mentorship and Education

March 19, 2024 — David Frazier - Construction Executive
The construction industry is aging. Valuing the significance of promoting a culture that enhances safety, mentorship and educational opportunities is essential to recruiting and retaining top talent to keep the industry thriving. According to the U.S. Department of Labor, one in five worker deaths in the U.S. occurs in the construction industry. Additionally, construction workers are statistically at a higher risk for mental-health issues than virtually every other profession. According to a study conducted by CIRP, 83% of construction workers have struggled with mental-health disorders. Today’s leaders must be dedicated to listening to employees' voices to shape the construction industry, as future leaders will be formed by a culture committed to employees' mental and physical health, safety, professional growth and overall workplace culture. Reprinted courtesy of David Frazier, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

Products Liability Law – Application of Economic Loss Rule

April 02, 2024 — David Adelstein - Florida Construction Legal Updates
When it comes to product liability law, one important doctrine that will always come up is the economic loss rule. The economic loss rule, oftentimes going by its acronym ELR, lives and breathes in the realm of product liability law. Does the economic loss rule extend to a manufacturer’s distributor for a duty to warn when the product is NOT defective? A recent opinion out of the Eleventh Circuit Court of Appeals, NBIS Construction & Transport Ins. Services v. Liebherr-America, Inc., 2024 WL 861257 (11th Cir. 2024), was confronted with this question, including whether the economic loss rule should even extend to a distributor of a product, and certified the following to Florida’s Supreme Court to answer: “Whether, under Florida law, the economic loss rule applies to negligence claims against a distributor of a product, stipulated to be non-defective, for the failureto alert a product owner of a known danger, when the only damages claimed are to the product itself?” NBIS, supra, at *8. Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
Mr. Adelstein may be contacted at dma@kirwinnorris.com

Candis Jones Named to Atlanta Magazine’s 2024 “Atlanta 500” List

February 26, 2024 — Candis Jones - Lewis Brisbois Newsroom
Atlanta, Ga. (February 9, 2024) – Atlanta Partner Candis R. Jones has been named to Atlanta Magazine’s 2024 “Atlanta 500” list of the most powerful law professionals in Atlanta. This is the fourth year in a row she has received this recognition. To compile this list, the publication reviewed nominations from the public and consulted experts across various sectors. The magazine’s editors and writers considered not only the status of the nominees within their respective organizations, but also whether the nominees were visionaries who led programs for their communities and created opportunities for employees. According to Atlanta Magazine, this list is “an anthology of the power that resides in Atlanta.” Read the full story...
Reprinted courtesy of Candis Jones, Lewis Brisbois
Ms. Jones may be contacted at Candis.Jones@lewisbrisbois.com

Illinois Joins the Pack on Defective Construction as an Occurrence

December 16, 2023 — Anna M. Perry - Saxe Doernberger & Vita, P.C.
Illinois joins the majority of states finding “property damage that results inadvertently from faulty work can be caused by an ‘accident’ and therefore constitute an ‘occurrence’.” The Illinois Supreme Court’s ruling in Acuity v. M/I Homes of Chicago, LLC1 (“Acuity v. M/I Homes”) is the first high court ruling in Illinois on this critical coverage issue for contractors. M/I Homes of Chicago, LLC (“M/I Homes”) constructed a townhome development. After completion, water entered the townhomes resulting in interior water damage. The townhome owners’ association filed suit against M/I Homes alleging it, or its subcontractors, caused the damage because it used defective materials, conducted faulty workmanship, and failed to comply with applicable building codes (the “Underlying Action”). Read the full story...
Reprinted courtesy of Anna M. Perry, Saxe Doernberger & Vita, P.C.
Ms. Perry may be contacted at APerry@sdvlaw.com

FAIRFIELD CONNECTICUT CONSTRUCTION EXPERT WITNESS DIRECTORY AND CAPABILITIES