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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
    20 Hartford Rd Suite 18
    Salem, CT 06420

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

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    Local # 0755
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    Rocky Hill, CT 06067

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    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


    Anti-Concurrent Causation Clause Preserves Possibility of Coverage

    California Subcontractor Gets a Kick in the Rear (or Perhaps the Front) for Prematurely Recorded Mechanics Lien

    Replacement of Gym Floor Due to Sloppy Paint Job is Not Resulting Loss

    Human Eye Resolution Virtual Reality for AEC

    Factor the Factor in Factoring

    The Air in There: Offices, and Issues, That Seem to Make Us Stupid

    Just Decided – New Jersey Supreme Court: Insurers Can Look To Extrinsic Evidence To Deny a Defense

    New Utah & Colorado Homebuilder Announced: Jack Fisher Homes

    Report to Congress Calls for Framework to Cut Post-Quake Recovery Time

    Strangers in a Strange Land: Revisiting Arbitration Provisions to Account for Increasing International Influences

    It’s Time for a Net Zero Building Boom

    Construction Executives Should Be Dusting Off Employee Handbooks

    Ruling Dealing with Constructive Changes, Constructive Suspension, and the Implied Covenant of Good Faith and Fair Dealing

    The Final Nail: Ongoing Repairs Do Not Toll the Statute of Repose

    Understanding the California Consumer Privacy Act

    Time To “Construct” New Social Media Policies

    Attorneys Fees Under California’s Prompt Payment Statutes. Contractor’s “Win” Fails the Sniff Test

    Construction Litigation Roundup: “You May Want an Intervention …”

    Show Me the Money: The Good Faith Dispute Exception to Prompt Payment Penalties

    U.S. Department of Justice Settles against Days Inn

    Arizona Supreme Court Confirms Eight-Year Limit on Construction Defect Lawsuits

    Green Buildings Could Lead to Liabilities

    Equitable Lien Designed to Prevent Unjust Enrichment

    Construction Professionals Could Face More Liability Exposure Following California Appellate Ruling

    Lien Waivers Should Be Fair — And Efficient

    AAA Revises Construction Industry Arbitration Rules and Mediation Procedures

    Extreme Heat, Smoke Should Get US Disaster Label, Groups Say

    Potential Problems with Cases Involving One Owner and Multiple Contractors

    Hawaii Federal District Court Compels Appraisal

    Real Estate & Construction News Round-Up (12/07/22) – Home Sales, EV Charging Infrastructure, and Office Occupancy

    Death, Taxes and Attorneys’ Fees in Construction Disputes

    Ninth Circuit Clears the Way for Review of Oregon District Court’s Rulings in Controversial Climate Change Case

    New California Construction Law for 2019

    Treble Damages Awarded After Insurer Denies Coverage for Collapse

    Colorado Chamber of Commerce CEO Calls for Change to Condo Defect Law

    Federal Court Again Confirms No Coverage For Construction Defects in Hawaii

    What You Need to Know About Additional Insured Endorsements

    Builders Beware: Smart Homes Under Attack by “Hide ‘N Seek” Botnet

    Kadeejah Kelly Named to The National Black Lawyers’ “Top 40 Under 40” List

    Dispute Waged Over Design of San Francisco Subway Job

    DHS Awards Contracts for Border Wall Prototypes

    Angelo Mozilo Speaks: No Regrets at Countrywide

    Beyond the COI: The Importance of an Owner's or Facilities Manager's Downstream Insurance Review Program

    Can Baltimore Get a Great Bridge?

    Judge Sentences Roofing Contractor Owner in Florida PPP Fraud Case

    Occurrence-Based Insurance Policies and Claims-Made Insurance Policies – There’s a Crucial Difference

    Substantial Completion Explained: What Contractors & Owners Should Know

    Ensuing Loss Provision Salvages Coverage for Water Damage Claim

    Solar Power Inc. to Build 30-Megawatt Project in Inner Mongolia

    West Virginia Wild: Crews Carve Out Corridor H Through the Appalachian Mountains
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    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. Drawing 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.

    Building Expert News & Info
    Fairfield, Connecticut

    Perovskite: The Super Solar Cells

    July 23, 2014 —
    “Embedding solar cells into buildings has always been more of a nice idea instead of an economical approach,” according to Gigaom, however they reported that a new kind of solar cell developed by a researcher at Oxford University might change things. Henry Snaith and his research team through experimentation discovered “perovskites,” which increase the amount of sunlight converted to electricity by 17 percent over other solar cells. Solar cells currently used have, at times, proved inefficient. “Solar cells that won’t obstruct the view that a window offers historically have done poorly in converting much sunlight into electricity,” Gigaom reported. “Other types of solar cells have been too expensive to make. Plus, they won’t produce as much electricity when they line one side of a building rather than its rooftop, where they get sun for longer hours each day.” Currently, Oxford PV, the perovskite start-up company, is pushing into commercializing its solar technology, and “is looking at opening an office in Silicon Valley.” Read the court decision
    Read the full story...
    Reprinted courtesy of

    New Megablimp to Deliver to Remote Alaskan Construction Sites

    January 13, 2017 —
    For nearly 20 years, Lockheed Martin has been working on developing a “Hybrid Airship” that may transform the ability to construct facilities in remote project locations.[i] On September 13, 2016, the Daily Journal of Commerce reported that the first of these “Hybrid Airships,” which can land in snow, ice, gravel, and water, are set to deliver from a facility operated by PRL Logistics in Kenai, Alaska, beginning in 2019.[ii] PRL will be operating the blimps in partnership with UK-based Straightline Aviation who placed the first order for the airships this year. According to PRL, the hope is that the airships will provide low cost solutions for moving freight in Alaska, where runways and roads are not always available. The helium-lifted behemoth blimps have space for 47,000 pounds of cargo and 18 passengers and cost about $40 million dollars. Read the court decision
    Read the full story...
    Reprinted courtesy of Ryan W. Sternoff, Ahlers & Cressman PLLC
    Mr. Sternoff may be contacted at rsternoff@ac-lawyers.com

    Ohio Supreme Court Holds No Occurence Arises from Subcontractor's Faulty Workmanship

    January 09, 2019 —
    The Ohio Supreme Court bucked the modern trend by finding that there was no coverage under CGL policy's the subcontractor's exception for faulty workmanship claimed against the insured. Ohio N. Univ. v. Charles Constr. Servs. 2018 Ohio LEXIS 2375 (Ohio Oct. 9, 2018). The University contracted with Charles Construction Services, Inc. to build a new luxury hotel and conference center on campus. After work was completed, the University discovered extensive water damage from hidden leaks that it believed were caused by the defective work of Charles Construction and its subcontractors. Repairs were made at the cost of $6 million. 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

    Fifth Circuit Rules that Settlements in Underlying Action Constitute "Other Insurance"

    April 17, 2019 —
    The Fifth Circuit ruled that settlements between an insured and its subcontractors qualified as “other insurance” to the extent those settlements were used to pay for damages covered by an excess insurance policy. Policyholders should note the outcome of this case as it demonstrates the significant impact that settlements can have on coverage. Satterfield & Pontikes Construction, Inc. v. Amerisure Mutual Ins. Co.1 was the result of a construction project gone wrong. Zapata County, Texas hired Satterfield & Pontikes (“S&P”) as a general contractor for the construction of a courthouse building. When the project did not go as planned, Zapata County terminated S&P, hired new subcontractors to complete the project, and sued S&P. S&P, in turn, sought indemnification from its subcontractors, who were contractually obligated to indemnify S&P and procure insurance for any damage the subcontractors caused at the project. S&P also sought coverage from its own primary insurers, American Guarantee and Liability Insurance Company (“AGLIC”) and Amerisure Mutual Insurance Company (“Amerisure”), and its excess insurer, U.S. Fire Insurance Company (“U.S. Fire”) who provided liability coverage for S&P’s potential liabilities at the project. The policies contained exclusions for losses arising from mold and did not provide coverage for attorney’s fees or similar legal costs. Read the court decision
    Read the full story...
    Reprinted courtesy of Tiffany Casanova, Saxe Doernberger & Vita, P.C.
    Ms. Casanova may be contacted at tlc@sdvlaw.com

    Mediation in the Zero Sum World of Construction

    September 26, 2022 —
    Construction is a zero sum game. What do I mean by that? I mean that even where you, a construction professional with a great construction lawyer, have reviewed and edited a subcontract presented to you or provided a well-drafted contract to the other party that contains an attorney fees provision, every dollar that you spend on litigation is a dollar less of profit. Couple the fact that no construction company can or should bid or negotiate work with an eye toward litigation (aside from having a well written contract that will be enforced to the letter here in Virginia). Particularly on “low bid” type projects, contractors and subcontractors cannot “pad” their bids to take into account the possibility of attorney fees, arbitration, or litigation. Furthermore, the loss of productivity when your “back office” personnel are tied up dealing with discovery, phone calls, and other incidents of litigation that do nothing but rehash a bad project and increase the expense sap money from the bottom line. While the possibility of a judgment including attorney fees may soften this blow, you are still out the cash. All of this said, if you are in commercial construction for any significant period of time disputes will arise and I have discussed the process in some detail at other places here at Construction Law Musings. As a construction litigator, I am fully aware of this fact of life. Efficient management of these disputes is key, particularly when they escalate to the point where some form of outside “help” (read arbitrator or judge) is necessary. 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

    Understanding the California Consumer Privacy Act

    March 02, 2020 —
    The recently enacted California Consumer Privacy Act (“CCPA” or the “Act”) goes into effect on January 1, 2020 and with it comes enhanced consumer protections for California residents against businesses that collect their personal information. Generally speaking, the CCPA requires that businesses provide consumers with information relating to the business’ access to and sharing of personal information. Accordingly, businesses should determine whether the CCPA will apply to them and, if so, what policies and procedures they should implement to comply with this new law. Application of the CCPA Importantly, the CCPA does not apply to all California business. The requirements of the CCPA only apply where a for-profit entity collects Consumers’ Personal Information, does business in the State of California, and satisfies one or more of the following: (1) has annual gross revenues in excess of twenty-five million dollars ($25,000,000); (2) receives for the business’s commercial purposes, sells, or shares for commercial purposes the personal information of 50,000 or more consumers, households, or devices; or (3) derives 50 percent or more of its annual revenues from selling consumers’ personal information. (California Code of Civil Procedure § 1798.140(c)(1)(A)-(C).) Thus, as a practical matter, small “mom and pop” operations will likely not be subject to the CCPA, but most mid-size and large companies should review their own books or consult with an accountant to determine whether the CCPA applies to their business. Rights Granted to Consumers “Consumers,” as the term is used in the CCPA, means “any natural person who is a California resident…” (California Code of Civil Procedure § 1798.140(g).) This broad definition makes no carve-outs or exclusions for a business’s employees and, despite the traditional definition of the term “consumer,” does not seem to require that the resident purchase any goods or services. This definition seems intentional and was likely designed to prevent businesses from attempting to circumvent the requirements of the CCPA by arguing that the personal information they collect does not belong to “consumers” under the traditional meaning of the word. Read the court decision
    Read the full story...
    Reprinted courtesy of Kevin Bonsignore, Wilke Fleury
    Mr. Bonsignore may be contacted at kbonsignore@wilkefleury.com

    Illinois Supreme Court Finds Construction Defect Claim Triggers Initial Grant of Coverage

    February 26, 2024 —
    The Illinois Supreme Court found that the underlying allegations addressing construction defects were sufficient to establish "property damage" caused by an "occurrence."Acuity v. M/I Homes of Chicago, LLC, 2023 Ill. LEXIS 1019 (Ill. Nov. 30, 2023). M/I Homes was the general contractor for a residential townhome development. The Owners' Association sued for breach of conract and breach of the implied warranty of habitability against M/I Homes. The complaint alleged that M/I Homes' subcontractors caused construction defects by using defective materials, conducting faulty workmanship and failing to comply with applicable building codes. The defects included leakage and uncontrolled water with moisture in locations in the buildings where it was not intended or expected. The Association further alleged that M/I Homes did not intend to cause the construction defects nor did it expect or intend the resulting property damage, such as damage to other building materials. The complaint further alleged that M/I Homes did not perform any of the construction work and that the subconractors performed all the work on its behalf. Read the court decision
    Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    2021 2Q Cost Report: Industry Execs Believe Recovery Is in Full Swing

    August 04, 2021 —
    The first six months of 2021 have seen big materials cost hikes, increasing labor shortages and uncertainty over federal action on a major infrastructure package. Despite the headwinds, ENR’s Construction Industry Confidence Index has surged up 17 points to a rating of 68—the highest single jump between quarters since the index was started in 2009. The previous record was 16 points between Q4 of 2011 and Q1 of 2012. Reprinted courtesy of Jonathan Keller, Engineering News-Record Mr. Keller may be contacted at kellerj@enr.com Read the full story... Read the court decision
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    Reprinted courtesy of