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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

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    Local # 0720
    2189 Silas Deane Highway
    Rocky Hill, CT 06067

    Fairfield Connecticut Building Expert 10/ 10

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    Local # 0755
    2189 Silas Deane Hwy
    Rocky Hill, CT 06067

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

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    3 Regency Dr Ste 204
    Bloomfield, CT 06002

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    Building Expert News and Information
    For Fairfield Connecticut


    Bad Faith Claim For Independent Contractor's Reduced Loss Assessment Survives Motion to Dismiss

    Colorado “property damage” caused by an “occurrence” and exclusions j(5) and j(6) “that particular part”

    Unfortunate Event Test Leads to Three Occurrences

    Going Digital in 2019: The Latest Technology for a Bright Future in Construction

    Indemnification Provisions Do Not Create Reciprocal Attorney’s Fees Provisions

    Difficulty in Defending Rental Supplier’s Claim Under Credit Application

    CDJ’s Year-End Review: The Top 10 CD Topics of 2014

    New York Appeals Court Rekindles the Spark

    Real Estate & Construction News Round-Up 01/26/22

    City Wonders Who’s to Blame for Defective Wall

    California Contractor Spills Coffee on Himself by Failing to Stay Mechanics Lien Action While Pursuing Arbitration

    From Both Sides Now: Looking at Contracts Through a Post-Pandemic Lens

    Vinny Testaverde Alleges $5 Million Mansion Riddled with Defects

    City Council Authorizes Settlement of Basement Flooding Cases

    Massachusetts Judge Holds That Insurer Breached Its Duty To Defend Lawsuit After Chemical Spill

    Parking Garage Collapse May Be Due to Construction Defect

    Drone Operation in a Construction Zone

    Maximizing Contractual Indemnity Rights: Problems with Common Law

    Failure to Comply with Contract Leaves No Additional Insured Coverage

    Washington Supreme Court Interprets Ensuing Loss Exception in All-Risk Property Insurance Policy

    Glendale City Council Approves Tohono O’odham Nation Casino

    President Trump Nullifies “Volks Rule” Regarding Occupational Safety and Health Administration (OSHA) Recordkeeping Requirements

    Orion Group Holdings Honored with Leadership in Safety Award

    Court Finds That Split in Underground Storage Tank is Not a Covered Collapse

    The 411 on the New 415 Location of the Golden State Warriors

    Ambiguity Kills in Construction Contracting

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    Let it Shine: California Mandates Rooftop Solar for New Residential Construction

    Nomos LLP Partner Garret Murai Recognized by Super Lawyers

    Update Your California Release Provisions to Include Amended Section 1542 Language

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    The U.S. Tenth Circuit Court of Appeals Rules on Greystone

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    Appeals Court Finds Manuscript Additional Insured Endorsements Ambiguous Regarding Completed Operations Coverage for Additional Insured

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    Corporate Profile

    FAIRFIELD CONNECTICUT BUILDING EXPERT
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    The Fairfield, Connecticut Building Expert Group at BHA, leverages from the experience gained through more than 7,000 construction related expert witness designations encompassing a wide spectrum of construction related disputes. Leveraging from this considerable body of experience, BHA provides construction related trial support and expert services to Fairfield's most recognized construction litigation practitioners, commercial general liability carriers, owners, construction practice groups, as well as a variety of state and local government agencies.

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    Fairfield, Connecticut

    Gordon & Rees Ranks #5 in Top 50 Construction Law Firms in the Nation

    June 29, 2020 —
    Gordon Rees Scully Mansukhani has been ranked the #5 construction law firm in the nation by Construction Executive in the magazine’s 2020 ranking of The Top 50 Construction Law Firms. Gordon & Rees is the only California-based law firm to rank in the Top 25. The firm was ranked in the Top 10 in more specific areas as well.
    • #1 in the Top 10 Law Firms Ranked by Most Locations
    • #2 in the Top 10 Law Firms Ranked by Number of Construction Attorneys
    • #6 in the Top 10 Law Firms Ranked by Number of States Admitted to Practice
    “With offices throughout the nation and outstanding construction attorneys in many of those offices, we are able to offer our construction clients a diverse range of legal services wherever they do business,” said Ernie Isola partner and co-chair of the firm’s construction practice group. Read the court decision
    Read the full story...
    Reprinted courtesy of Gordon Rees Scully Mansukhani

    ConsensusDOCS Hits the Cloud

    April 02, 2019 —
    I have discussed the ConsensusDOCS here at Musings on a few occasions. These relatively new form documents, endorsed by the AGC among other trade organizations, are a great counterpoint to the AIA documents that we all are more than familiar with and as construction attorneys and contractors have likely reviewed on numerous occasions. Recently, these documents have joined the parade and have taken to the cloud. The folks at ConsensusDOCS made this move to ease the type of collaboration that I have discussed must occur on construction projects among the players. The use of the cloud based technology is one of the first uses of this technology to increase productivity. Read the court decision
    Read the full story...
    Reprinted courtesy of The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at chrisghill@constructionlawva.com

    Lenders and Post-Foreclosure Purchasers Have Standing to Make Construction Defect Claims for After-Discovered Conditions

    October 10, 2013 —
    The Colorado Court of Appeals has decided a case which answers a question long in need of an answer: do banks/lenders have standing to assert construction defect claims when they receive title to a newly-constructed home following a foreclosure sale or deed-in-lieu of foreclosure? The decision was released on August 1, 2013, in the case of Mid Valley Real Estate Solutions V, LLC v. Hepworth-Pawlack Geotechnical, Inc., Steve Pawlak, Daniel Hadin, and S K Peightal Engineers, Ltd. (Colorado Court of Appeals No. 13CA0519). The background facts of the case are typical of a Colorado residential construction defect case generally. A developer contracted for an analytical soil engineering report from a geotechnical engineering firm (H-P) which made a foundation recommendation. The developer’s general contractor then retained an engineering firm (SPKE) to provide engineering services, including a foundation design. The general contractor built the foundation in accordance with the H-P and SPKE criteria and plans. The house was not sold by the developer and went into default on the construction loan. These events resulted in a deed-in-lieu of foreclosure to a bank-controlled entity which purchased the house for re-sale. Shortly after receiving the developer’s deed, the bank-related entity discovered defects in the foundation that resulted in a construction defect suit against the two design firms and related individuals. Read the court decision
    Read the full story...
    Reprinted courtesy of W. Berkeley Mann, Jr.
    W. Berkeley Mann, Jr. can be contacted at mann@hhmrlaw.com

    Nine ACS Lawyers Recognized as Super Lawyers – Including One Top 10 and Three Top 100 Washington Attorneys

    August 14, 2023 —
    Our blog articles usually cover construction-related issues, but Ahlers Cressman & Sleight, PLLC – once again – is honored to announce nine members of our firm were awarded the distinction of being a “Super Lawyer” in Washington. To become a Super Lawyer, only the top attorneys are nominated by their peers. Once nominated, candidates are researched and evaluated by an independent third-party across twelve key categories, such as experience, honors/awards, verdicts/settlements, and others. Next potential Super Lawyers are evaluated by a highly-credentialed “Blue Ribbon Panel” of peers before final selection. The process is extremely competitive and only 5 percent of the total lawyers in Washington are nominated as Super Lawyers. The following – including one Top 10 and three Top 100 attorneys – are Ahlers Cressman & Sleight, PLLC’s Super Lawyers: John P. Ahlers, one of the firm’s founding partners, was again recognized as a Top 10 Super Lawyer in Washington State for 2023 – this is his seventh year in a row in the Top 10. A founding member of Ahlers Cressman & Sleight, PLLC, he has been named a Super Lawyer in Construction Litigation since 2001—23 years in a row. To read Mr. Ahlers’ full profile, click here. Read the court decision
    Read the full story...
    Reprinted courtesy of Travis Colburn, Ahlers Cressman & Sleight
    Mr. Colburn may be contacted at travis.colburn@acslawyers.com

    Want to Make Your Jobsite Safer? Look to the Skies.

    October 10, 2022 —
    New York Gov. Kathy Hochul is set to sign Carlos’ Law for worker protection. The law would set a national precedent for construction site safety, substantially raising the minimum fines for construction companies found liable for onsite injuries. Worksites are very complex, and many factors go into creating a safe space. Following suit, innovative operators are looking at advanced technologies to boost onsite safety, including drone data visualization, which involves flying a drone over a site to capture a highly accurate 3D model of current conditions in close to real time. Using drones can't solve every problem, but it can help not only protect workers but also encourage new ones to join your team. How drone surveying improves jobsite safety 3D mapping a worksite with a drone keeps workers out of harm’s way, helping surveyors avoid potentially dangerous areas filled with constantly moving heavy equipment and machinery. Drone mapping also means surveyors can stay out of the heat, avoiding the risk of excess sun exposure by sending the drone out in their stead to traverse the terrains and slopes of the site. Reprinted courtesy of Rory San Miguel, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
    Read the full story...
    Reprinted courtesy of

    Hawaii Building Codes to Stay in State Control

    March 01, 2012 —

    The Hawaii State Senate voted down Senate Bill 2692. Had it been passed, the State Building Code Council would have been abolished and building codes would have become the responsibility of county governments. The bill was opposed by the Insurance Institute for Business and Home Safety. Their director of code development, Wanda Edwards said that the bill “would have undermined key components that are essential to an effective state building code regime.”

    Read the full story…

    Read the court decision
    Read the full story...
    Reprinted courtesy of

    Boston-area Asbestos-Abatement Firms Face Wage and Safety Complaints

    January 26, 2017 —
    Several federal and state complaints against asbestos-abatement and demolition firms operating in Massachusetts have sprouted in the wake of the region’s construction boom. Involving mostly small companies and immigrant workers, the cases allege wage and benefit violations as well as improper exposure to asbestos fibers, which contain cancer-causing carcinogens. Read the court decision
    Read the full story...
    Reprinted courtesy of Justin Rice, ENR
    Mr. Rice may be contacted at ricej@enr.com

    Colorado Abandons the “Completed and Accepted Rule” in Favor of the “Foreseeability Rule” in Determining a Contractor’s Duty to a Third Party After Work Has Been Completed

    January 17, 2013 —
    In a recent case, the Colorado Court of Appeals found that a contractor had a duty to a third party to warn it of a dangerous condition, even after the contractor had completed its work and the owner had accepted the contractor’s work.  Collard v. Vista Paving Corp., -- P.3d --, 2012 WL 5871446 (Colo. App. 2012).  While not an earth shattering or entirely new concept, the decision rendered in Collard directly accepted the foreseeability rule at the expense of the completed and accepted rule.  Id.
     
    In Collard, the City of Grand Junction (“the City”) hired Vista Paving Corp. (“Vista”) to construct two road medians according to the City’s plans and designs.  On July 9, 2007, Vista began work on the medians.  According to its contract with the City, Vista was responsible for traffic control during construction of the medians.  On July 19, 2007, Vista completed its construction of both medians.  On that date, the City’s project inspector conducted his final inspection of Vista’s work.  The City’s inspector then told Vista that its work had been completed and that Vista was authorized to leave the site.  Vista requested permission to remove the traffic control devices to which the City’s inspector agreed.  Vista removed all of its traffic control devices.
    Read the court decision
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    Reprinted courtesy of Brady Iandiorio
    Mr. Iandiorio can be contacted at iandiorio@hhmrlaw.com