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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

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    Local # 0740
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    Salem, CT 06420

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    Local # 0720
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    Local # 0755
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    Building Expert News and Information
    For Fairfield Connecticut


    The Long Road to Change: Understanding Resistance to Innovation

    Professor Senet’s List of 25 Decisions Every California Construction Lawyer Should Know:

    Safety Versus a False Sense of Security: Challenges to the Use of Construction Cranes

    Colorado Senate Bill 15-177: This Year’s Attempt at Reasonable Construction Defect Reform

    Stick to Your Guns on Price and Pricing with Construction Contracts

    Baby Boomer Housing Deficit Coming?

    Video: Contractors’ Update on New Regulations Governing Commercial Use of Drones

    Insurance Law Client Alert: California Appeals Court Refuses to Apply Professional Services Exclusion to Products-Completed Operations Loss

    A Court-Side Seat: A FACA Fight, a Carbon Pledge and Some Venue on the SCOTUS Menu

    Real Estate & Construction News Round-Up (11/16/22) – Backlog Shifts, Green Battery Storage, and Russia-Ukraine Updates

    Federal Court of Appeals Signals an End to Project Labor Agreement Requirements Linked to Development Tax Credits

    House Committee Kills Colorado's 2015 Attainable Housing Bill

    Express Warranty Trumping Spearin’s Implied Warranty

    Court of Appeals Invalidates Lien under Dormancy Clause

    Idaho Business Review Names VF Law Attorney Brittaney Bones Women of the Year Honoree

    Limiting Liability: Three Clauses to Consider in your Next Construction Contract

    There is No Claims File Privilege in Florida, Despite What Insurers Want You to Think

    First Circuit Limits Insurers’ Right to Recoup Defense Costs or Settlement Payments

    Genuine Dispute Over Cause of Damage and Insureds’ Demolition Before Inspection Negate Bad Faith and Elder Abuse Claims

    No Duty to Defend Construction Defect Claims under Kentucky Law

    Wendel Rosen’s Construction Practice Group Receives First Tier Ranking by U.S. News and World Reports

    Anatomy of a Construction Dispute- A Wrap Up

    Five Issues to Consider in Government Contracting (Or Any Contracting!)

    Architect Named Grand Custom Home Winner for Triangular Design

    New Jersey Imposes New Apprenticeship Training Requirements

    Is Safety Compliance Putting Your Project in Jeopardy? Examining the Essentials of DOE’s Worker Safety and Health Program

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    No Collapse Coverage Where Policy's Collapse Provisions Deleted

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    Real Estate & Construction News Roundup (1/16/24) – Algorithms Affect the Rental Market, Robots Aim to Lower Construction Costs, and Gen Z Struggle to Find Their Own Space

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    Indemnitor Owes Indemnity Even Where Indemnitee is Actively Negligent, California Court Holds

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    With VA Mechanic’s Liens Sometimes “Substantial Compliance” is Enough (but don’t count on it) [UPDATE]

    National Demand Increases for Apartments, Refuting Calls for Construction Defect Immunity in Colorado

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    FAIRFIELD CONNECTICUT BUILDING EXPERT
    DIRECTORY AND CAPABILITIES

    The Fairfield, Connecticut Building Expert Group is comprised from a number of credentialed construction professionals possessing extensive trial support experience relevant to construction defect and claims matters. Leveraging from more than 25 years experience, BHA provides construction related trial support and expert services to the nation's most recognized construction litigation practitioners, Fortune 500 builders, commercial general liability carriers, owners, construction practice groups, and a variety of state and local government agencies.

    Building Expert News & Info
    Fairfield, Connecticut

    Federal Judge Dismisses Insurance Coverage Lawsuit In Construction Defect Case

    December 09, 2011 —

    A federal judge dismissed a coverage lawsuit brought by Mid Continent Casualty Company against its insured, Greater Midwest Builders Ltd.

    Plaintiff brought this declaratory judgment action in response to a suit filed in Johnson County District Court, seeking a judicial determination that it had no coverage obligation for claims asserted against its insured. This case was stayed until the state court action entered judgment against the insured. The prevailing parties then commenced a garnishment action against the plaintiff, and another insurance company, in state court in Missouri. The court was asked whether it should lift the stay and proceed with the case, or decline jurisdiction in favor of resolution in the Missouri state court.

    The court granted the motion to dismiss holding that proceeding with the case would lead to protracted, piecemeal litigation, while deferring to the Missouri state court would decide all the claims involved in the dispute.

    Read the court’s decision…

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    Reprinted courtesy of

    Uniform Rules Governing New York’s Supreme and County Courts Get An Overhaul

    February 08, 2021 —
    By Administrative Order effective February 1, 2021, New York’s Uniform Civil Rules for the Supreme Court will incorporate a number of changes to the general part that reflect many of New York’s Commercial Division Rules, in an effort to streamline court processes. The general part rule changes are a step forward for improving the efficiency, modernization and cost-effectiveness of the New York Courts, and will require practitioners to be more conscientious of court appearances and deadlines. Judges will likely be strict on adherence to the new Uniform Rules. Some notable changes to the rules are highlighted below. Court Appearances and Scheduling Orders Uniform Rule 202.1 has been revised to require that counsel who appear before the court must be familiar with the case they are appearing for, and be fully prepared and authorized to discuss and resolve the issues that are the subject of the appearance. Reprinted courtesy of Andrew I. Hamelsky, White and Williams LLP, Jenifer A. Scarcella, White and Williams LLP and Monica Doss, White and Williams LLP Mr. Hamelsky may be contacted at hamelskya@whiteandwilliams.com Ms. Scarcella may be contacted at scarcellaj@whiteandwilliams.com Ms. Doss may be contacted at dossm@whiteandwilliams.com Read the court decision
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    Time is of the Essence, Even When the Contract Doesn’t Say So

    January 11, 2021 —
    Welcome to 2021! As often happens here at Construction Law Musings, the year starts with a few posts on notable construction law cases that dropped in the past year or so. Not only does this review hopefully help you keep up, but helps me keep up with the latest developments (one of the reasons why I keep blogging). The first of these cases is Appalachian Power Co. v. Wagman Heavy Civil, Inc. out of the Western District of Virginia federal court. In this case, Wagman Heavy Civil, Inc. (“Wagman”) and the Virginia Department of Transportation (“VDOT”) contracted for the design and construction of a highway interchange project (the “Project”). Wagman and the Appalachian Power Company (“APCO”) entered into a written contract (the “Written Contract”) for APCO to remove and relocate its utility structures (the “Work”) in order to facilitate construction for the Project. 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

    Repairs to Water Infrastructure Underway After Hurricane Helene

    October 07, 2024 —
    As transportation officials in Tennessee and North Carolina brace for long rebuilds of heavily damaged interstates in remote and rugged areas of the Appalachian Mountains, local agencies are also at work restoring water and sewer services to residents nearly one week after Hurricane Helene made landfall. Reprinted courtesy of Derek Lacey, Engineering News-Record Mr. Lacey may be contacted at laceyd@enr.com Read the full story... Read the court decision
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    Third Circuit Vacates Judgment for Insurer on Alleged Construction Defect Claim

    December 31, 2024 —
    The Third Circuit vacated and remanded to the district court the judgment in favor of the insurer on a construction defect claim. Odedeyi v. AmTrust Financial Services Inc., 2024 U.S. App. LEXIS 24729 (3d Cir. Oct. 1, 2024). Mr. Odedeyi hired a contractor, who was insured by Security National, to perform work on his property. After the property was damaged during the renovations, Odedeyi filed suit against the contractor. Odedeyi was awarded a default judgment against the contractor. Read the court decision
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    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    Using Lien and Bond Claims to Secure Project Payments

    March 01, 2021 —
    While suing in court for payment on a construction project is nothing new, the very notion of non-payment tends evokes images of hard-working contractors and subcontractors, working with tight margins, owed payment for services rendered and materials. Fortunately, for general contractors and subcontractors in the construction industry, there are better remedies for securing payment on a project before it becomes a bigger issue. Construction projects, especially large public ones, usually include a dizzying array of general contractors, subcontractors and independent contractors, sometimes numbering more than a hundred entities. The inter-connected groups of companies working toward the goal of project completion require competent construction management in order to stay on time and on budget for completion. One of the project owner’s key tools used to ensure the process runs smoothly is the use of payment bonds and surety bonds. Payment Bonds Payment bonds ensure that contractors and subcontractors get paid for work performed in accordance with contract conditions. Disputes can occur before, during and even after the completion of work. Injunctive lawsuits, which contemplate the stoppage of work, would be detrimental to completing a public or private construction project of substantial size. Rather than having such minor disputes derail the entire project, the aggrieved party’s remedy is to file a claim against the payment bond, which offers a solution designed to keep the issue separate from the project’s completion. The payment bond also allows the project owner to transfer risk. Reprinted courtesy of Jonathan Cheatham, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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    The Fifth Circuit, Applying Texas Law, Strikes Down Auto Exclusion

    July 11, 2022 —
    Penn-America Ins. Co. v. Tarango Trucking, LLC, 30 F.4th 440 (5th Cir. 2022), involved a coverage dispute over Penn-America Insurance Company’s (“Penn-America”) duty to defend and indemnify third-party claims against Tarango Trucking, LLC (“Tarango”) for a fatal accident on its property. At the time of the accident, Penn-America insured Tarango under a commercial general liability policy, which included an “Auto Exclusion” and “Parking Exception” provision. The Auto Exclusion stated the policy did not apply to bodily injury or property damage arising out of the use of any automobile, including the operation and loading or unloading. The Parking Exception stated the Auto Exclusion did not apply to parking an auto on Tarango’s premises. The main issues on appeal were whether the Parking Exception restored coverage otherwise precluded by the Auto Exclusion, and whether the district court prematurely decided Penn-America’s duty to indemnify. The appellate court answered yes to both. On March 2, 2020, a truck driver employed by WS Excavation, LLC (“WS”), parked his tractor-trailer on Tarango’s property and proceeded to inspect and off-load heavy equipment. While operating the hydraulic lift, the tractor’s braking system disengaged. The tractor rolled back and struck the WS driver and his personal vehicle, resulting in his death and significant property damage. Notably, WS allegedly failed to properly maintain the tractor’s electronic and braking systems, and Tarango allegedly failed to maintain a level parking and loading facility compliant with industry standards and guidelines. Read the court decision
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    Reprinted courtesy of Jeremy S. Macklin, Traub Lieberman
    Mr. Macklin may be contacted at jmacklin@tlsslaw.com

    White and Williams Earns Tier 1 Rankings from U.S. News "Best Law Firms" 2021

    November 23, 2020 —
    White and Williams has achieved national recognition from U.S. News and World Report as a "Best Law Firm" in the practice areas of Insurance Law, Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law and Media Law. Our Delaware, New York and Philadelphia offices have also been recognized in their respective metropolitan regions in several practice areas. Firms included in the “Best Law Firms” list are recognized for professional excellence with persistently impressive ratings from clients and peers. Achieving a tiered ranking signals a unique combination of quality law practice and breadth of legal experience. Reprinted courtesy of White and Williams LLP Read the full story... Read the court decision
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