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    Home Builders & Remo Assn of Fairfield Co
    Local # 0780
    433 Meadow St
    Fairfield, CT 06824

    Fairfield Connecticut Building Expert 10/ 10

    Builders Association of Eastern Connecticut
    Local # 0740
    20 Hartford Rd Suite 18
    Salem, CT 06420

    Fairfield Connecticut Building Expert 10/ 10

    Home Builders Association of New Haven Co
    Local # 0720
    2189 Silas Deane Highway
    Rocky Hill, CT 06067

    Fairfield Connecticut Building Expert 10/ 10

    Home Builders Association of Hartford Cty Inc
    Local # 0755
    2189 Silas Deane Hwy
    Rocky Hill, CT 06067

    Fairfield Connecticut Building Expert 10/ 10

    Home Builders Association of NW Connecticut
    Local # 0710
    110 Brook St
    Torrington, CT 06790

    Fairfield Connecticut Building Expert 10/ 10

    Home Builders Association of Connecticut (State)
    Local # 0700
    3 Regency Dr Ste 204
    Bloomfield, CT 06002

    Fairfield Connecticut Building Expert 10/ 10


    Building Expert News and Information
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    Pending Sales of U.S. Existing Homes Increase 0.8% in November

    Demonstrating A Fraudulent Inducement Claim Or Defense

    Reminder: The Devil is in the Mechanic’s Lien Details

    Coverage For Advertising Injury Barred by Prior Publication Exclusion

    Harsh New Time Limits on Construction Defect Claims

    California Commission Recommends Switching To Fault-Based Wildfire Liability Standard for Public Utilities

    Insurance Attorney Gary Barrera Joins Wendel Rosen’s Construction Practice Group

    Did New York Zero Tolerance Campaign Improve Jobsite Safety?

    Benford’s Law: A Seldom Used Weapon in Forensic Accounting

    Defense Owed to Insured Subcontractor, but not to Additional Insured

    Three Attorneys Elevated to Partner at Newmeyer & Dillion, LLP

    Does the UCC Apply to the Contract for the Sale of Goods and Services

    Update: Where Did That Punch List Term Come From Anyway?

    FIFA Inspecting Brazil’s World Cup Stadiums

    Congratulations to BWB&O’s 2023 Super Lawyers Rising Stars!

    New Notary Language For Mechanics Lien Releases and Stop Payment Notice Releases

    What I Love and Hate About Updating My Contracts From an Owners’ Perspective

    Construction Contracts and The Uniform Commercial Code: When Does it Apply and Understanding the Pre-Dominant Factor Test

    Last, but NOT Least: Why You Should Take a Closer Look at Your Next Indemnification Clause

    Six Reasons to Use Regular UAV Surveys on Every Construction Project

    Faulty Workmanship an Occurrence in Iowa – as Long as Other Property Damage is Involved

    US Court Disputes $1.8B AECOM Damage Award in ‘Remarkable Fraud’ Suit

    Department of Transportation Revises Its Rules Affecting Environmental Review of Transportation Projects

    Maryland Contractor Documents its Illegal Deal and Pays $2.15 Million to Settle Fraud Claims

    California Courts Call a “Time Out” During COVID-19 –New Emergency Court Rules on Civil Litigation

    SB 939 Proposes Moratorium On Unlawful Detainer Actions For Commercial Tenants And Allows Tenants Who Can't Renegotiate Their Lease In Good Faith To Terminate Their Lease Without Liability

    Illinois Legislature Enables Pre-Judgment Interest in Personal Injury Cases

    Colorado’s Workers’ Compensation Act and the Construction Industry

    Maryland Finally set to Diagnose an Allocation Method for Progressive Injuries

    Crumbling Roadways Add Costs to Economy, White House Says

    US Supreme Court Backs Panama Canal Owner in Dispute with Builders

    Court Finds That Limitation on Conditional Use Permit Results in Covered Property Damage Due to Loss of Use

    Breach of an Oral Contract and Unjust Enrichment and Implied Covenant of Good Faith and Fair Dealing

    Investigators Explain Focus on Pre-Collapse Cracking in Florida Bridge

    Claim Against Broker Survives Motion to Dismiss

    Effective Zoning Reform Isn’t as Simple as It Seems

    Scientists Are Trying to Make California Forests More Fire Resilient

    New York Developer’s Alleged Court Judgment Woes

    Insureds Survive Motion to Dismiss Civil Authority Claim

    Court Denies Insurer's Motion to Dismiss Collapse Claim

    Yellowstone Park Aims for Quick Reopening After Floods

    Insurance Agent Sued for Lapse in Coverage after House Collapses

    Harrisburg Sought Support Before Ruinous Incinerator Retrofit

    Policy Sublimit Does Not Apply to Business Interruption Loss

    Union THUGS Plead Guilty

    U.K. High Court COVID-19 Victory for Policyholders May Set a Trend in the U.S.

    Questions of Fact Regarding Collapse of Basement Walls Prevent Insurer's Motion for Summary Judgment

    What is a Subordination Agreement?

    How the New Dropped Object Standard Is Changing Jobsite Safety

    The Registered Agent Advantage
    Corporate Profile

    FAIRFIELD CONNECTICUT BUILDING EXPERT
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    Fairfield, Connecticut

    Ex-Detroit Demolition Official Sentenced for Taking Bribes

    November 24, 2019 —
    Aradondo Haskins, a former Detroit demolition projects official, has been sentenced to a year in federal prison for accepting $26,500 in bribes from contractors and rigging bids to tear down homes in a federally funded demolition program. U.S. District Judge Victoria Roberts handed down the sentence on Sept. 23 and ordered Haskins to pay a $5,000 fine and forfeit bribes he took while employed by demolition contractor Adamo Group and by the city. The charges against Haskins were unsealed on April 8, shortly before he pled guilty. Reprinted courtesy of Jeff Yoders, Engineering News-Record Mr. Yoders may be contacted at yodersj@enr.com Read the full story... Read the court decision
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    Happenings in and around the 2016 West Coast Casualty Seminar

    April 20, 2016 —
    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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    How AI and Machine Learning Are Helping Construction Reduce Risk and Improve Margins

    November 28, 2018 —
    The construction industry is often characterized as high risk and low margin. According to a McKinsey report, almost 98 percent of projects incur cost overruns or delays. Meanwhile, the construction productivity curve has remained flat when compared to other industries. In the last decade, with the advent of cloud and mobile technologies, industry leaders have been focused on digitizing construction workflows. This has resulted in improved efficiencies, but also has created an explosion of new data sources in the construction industry. Project teams are now capturing and documenting data on mobile devices, site progress is documented via drones and sensors are used to create a connected jobsite. Reprinted courtesy of Manu Venugopal, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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    Lessons Learned from Implementing Infrastructure BIM in Helsinki

    February 07, 2018 —
    Finland’s capital is currently experiencing a construction boom. Old industrial citadels are turning into residential areas with new commercial centers. Consequently, Helsinki needs to build new infrastructure. To improve the efficiency and quality of infrastructure construction, the city has started using BIM, and is now learning how to get the most value from it. Ville Alajoki, Team Leader in Helsinki’s Urban Development Division, is a keen proponent of BIM. “Infrastructure construction is still in its early stages when it comes to using BIM. For the most part, BIM implementation has not been systematic in our city yet. We tend to use it in our own structural design and often in building construction. However, in infrastructure project management, its active individuals who have set the pace,” Ville admits. He believes that the city’s strategy for 2017–2021 will spur the use of new technologies, including BIM. “Helsinki aims to be the city in the world that makes the best use of digitalization,” Mayor Jan Vapaavuori has declared. A good start, but there’s room for improvement. Read the court decision
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    Reprinted courtesy of Aarni Heiskanen, AEC Business Blog
    Mr. Heiskanen may be contacted at info@aepartners.fi

    Supreme Court of Oregon Affirms Decision in Abraham v. T. Henry Construction, et al.

    April 20, 2011 —

    After reviewing the decision in Abraham v. T. Henry Construction, et al., the Oregon Supreme Court affirmed that a tort claim for property damage arising from construction defects may exist even when the homeowner and the builder are in a contractual relationship.

    When the case was initially filed, the plaintiffs alleged breach of contract and negligence. The defendants moved for summary judgment arguing that one, the claim was barred by the six-year statute of limitations and two, no special relationship (such as one between a doctor and patient) existed. The court agreed with the defendants. However, the Court of Appeals while affirming the trial court’s decision on breach of contract reversed the decision on negligence. The Court of Appeals stated that an administrative or statute rule could establish a standard of care independent from the contract.

    The Oregon Supreme Court gave an example of cases where a tort claim could exist when a contract is present: “If an individual and a contractor enter into a contract to build a house, which provides that the contractor will install only copper pipe, but the contractor installs PVC pipe instead (assuming both kinds of pipe comply with the building code and the use of either would be consistent with the standard of care expected of contractors), that failure would be a breach of contract only. […] If the failure to install the copper pipe caused a reduction in the value of the house, the plaintiff would be able to recover that amount in an action for breach of contract. […] On the other hand, if the contractor installed the PVC pipe in a defective manner and those pipes therefore leaked, causing property damage to the house, the homeowner would have claims in both contract and tort. […] In those circumstances, the obligation to install copper instead of PVC pipe is purely contractual; the manner of installing the pipe, however, implicates both contract and tort because of the foreseeable risk of property damage that can result from improperly installed pipes.”

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    Classify Workers Properly to Avoid Expensive Penalties

    April 25, 2022 —
    Business owners must carefully consider how the people working for them are classified. There is a fine line between being identified as a contractor or employee on the job. Owners must know the difference to avoid being penalized. Worker classification determines if an employer must withhold income taxes and pay Social Security, Medicare taxes and unemployment tax on wages paid to an employee. Businesses do not have to withhold or pay any taxes on payments to independent contractors. The earnings of a person working as an independent contractor are subject to self-employment tax. There are federal and state rules for determining if a person is an employee or contractor. Employers must follow both sets of guidelines when classifying workers. Reprinted courtesy of Martin C. McCarthy, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Mr. McCarthy may be contacted at marty.mccarthy@mcc-cpas.com Read the court decision
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    Contractual Waiver of Consequential Damages

    January 21, 2019 —
    Contractual waivers of consequential damages are important, whether they are mutual or one-sided. I believe in specificity in that the types of consequential damages that are waived should be detailed in the waiver of consequential damages provision. Standard form construction agreements provide a good template of the types of consequential damages that the parties are agreeing to waive. But, what if there is no specificity in the waiver of consequential damages provision? What if the provision just states that the parties mutually agree to waive consequential damages or that one party waives consequential-type damages against the other party? Let me tell you what would happen. The plaintiff will argue that the damages it seeks are general damages and are NOT waived by the waiver of consequential damages provision. The defendant, on the other hand, will argue that the damages are consequential in nature and, therefore, contractually waived. FOR THIS REASON, PARTIES NEED TO APPRECIATE WHAT DAMAGES ARE BEING WAIVED OR LIMITED, AND POTENTIALLY THOSE DAMAGES NOT BEING WAIVED OR LIMITED, WHEN AGREEING TO A WAIVER OF CONSEQUENTIAL DAMAGES PROVISION! Read the court decision
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    Reprinted courtesy of David Adelstein, Kirwin Norris
    Mr. Adelstein may be contacted at dma@kirwinnorris.com

    The ABCs of PFAS: What You Need to Know About Liabilities for the “Forever Chemical”

    February 22, 2021 —
    This article is based on a presentation the authors made at White and Williams LLP’s Virtual Coverage College® on October 22, 2020. Every year, hundreds of insurance professionals come to Philadelphia—this year via our online platform—to participate in a full day of lectures and interactive presentations by White and Williams lawyers and guest panelists about the latest issues and challenges involved in claim handling and insurance litigation. Visit coveragecollege.com for more information and stay tuned for Coverage College® 2021. Perfluoroalkyl and polyfluoroalkyl substances, commonly referred to as PFAS or PFOS, have been a key ingredient in numerous industrial and consumer products for decades. These man-made chemicals are prevalent and are also known for their longevity in the environment. More recently, PFAS have been the focus of thousands of lawsuits alleging personal injury and property damage. Some insurers have already questioned whether PFAS could rival asbestos in scope and bottom-line impacts. It is a legacy that confronts manufacturers and other defendants and insurers today. This article provides a primer on PFAS, including the current regulatory framework and litigation landscape. We also identify some key emerging coverage issues insurers should be aware of when dealing with PFAS claims under liability and first-party property policies. Reprinted courtesy of Robert F. Walsh, White and Williams LLP and Gregory S. Capps, White and Williams LLP Mr. Walsh may be contacted at walshr@whiteandwilliams.com Mr. Capps may be contacted at cappsg@whiteandwilliams.com Read the court decision
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