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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

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    Local # 0755
    2189 Silas Deane Hwy
    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


    Workers Compensation Insurance: Dangers of the Audit Process

    A New Lawsuit Might Change the Real Estate Industry Forever

    Burden Supporting Termination for Default

    Building on New Risks: Construction in the Age of Greening

    Pennsylvania’s Supreme Court Clarifies Pennsylvania’s Strict Liability Standard

    Another Reminder that Your Construction Contract is Only as Good as Those Signing It

    Arbitration Clause Found Ambiguous in Construction Defect Case

    Identifying and Accessing Coverage in Complex Construction Claims

    Hawaii Court Looks at Changes to Construction Defect Coverage after Changes in Law

    Assessing Defective Design Liability on Federal Design-Build Projects

    Sioux City Building Owners Sue Architect over Renovation Costs

    Las Vegas Team Obtains Complete Dismissal of a Traumatic Brain Injury Claim

    Recovering For Inflation On Federal Contracts: Recent DOD Guidance On Economic Price Adjustment Clauses

    Miami Building Boom Spreads Into Downtown’s Tent City

    Texas Approves Law Ensuring Fair and Open Competition

    Charles Carter v. Pulte Home Corporation

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

    Mass-Timber Furnished Apartments Fare Well in Fire Tests

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

    Trumark Homes Hired James Furey as VP of Land Acquisition

    Summarizing Changes to NEPA in the Fiscal Responsibility Act (P.L. 118-5)

    Hawaii Construction Defect Law Increased Confusion

    25 Days After Explosion, Another Utility Shuts Off Gas in Boston Area

    Home Improvement in U.S. Slowing or Still Intact -- Which Is It?

    Judge Dismisses Suit to Block Construction of Obama Center

    Smart Cities Offer New Ideas for Connectivity

    Economic Waste Doctrine and Construction Defects / Nonconforming Work

    Real Estate & Construction News Roundup (05/23/23) – Distressed Prices, Carbon Removal and Climate Change

    Failure to Meet Code Case Remanded to Lower Court for Attorney Fees

    Manhattan Bargain: Condos for Less Than $3 Million

    Montana Theater Threatened by Closure due to Building Safety

    Be Careful with Good Faith Payments

    Florida Construction Defect Decision Part of Lengthy Evolution

    Times Square Alteration Opened Up a Can of Worms

    Flow-Down Clauses Can Drown Your Project

    Indiana Appellate Court Allows Third-Party Spoliation Claim to Proceed

    Will There Be Construction Defect Legislation Introduced in the 2019 Colorado Legislative Session?

    No Coverage For Construction Defect Under Illinois Law

    On the Ten Year Anniversary of the JOBS Act A Look-Back at the Development of Crowdfunding

    Increasing Use of Construction Job Cameras

    Renovate or Demolish Milwaukee’s Historic City Hall?

    COVID-19 Vaccine Considerations for Employers in the Construction Industry

    Court Finds Matching of Damaged Materials is Required by Policy

    BHA has a Nice Swing Donates to CDCCF

    Not If, But When: Newly Enacted Virginia Legislation Bans “Pay-If-Paid” Clauses In Construction Contracts

    Manhattan Home Prices Top Pre-Crisis Record on Luxury Deals

    Preserving Lien Rights on Private Projects in Washington: Three Common Mistakes to Avoid

    Brookfield Wins Disputed Bid to Manage Manhattan Marina

    Florida’s Fourth District Appeals Court Clarifies What Actions Satisfy Florida’s Construction Defect Statute of Repose

    Design Immunity Does Not Shield Public Entity From Claim That it Failed to Warn of a Dangerous Condition
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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.

    Building Expert News & Info
    Fairfield, Connecticut

    Plans Go High Tech

    April 25, 2012 —

    One construction executive described it as “the wave of the future.” What is it? Accessing building plans on an iPad. According to an article in MacWorld, several companies are now offering solutions to distribute and update construction plans on iPads. Changes to plans and notes can be distributed quickly through cloud computing.

    Alan Dillon, a senior superintendent at DPR Construction told MacWorld, “I can take my iPad into the field and have my whole set of drawings.” He described a set of drawings for a large construction project as “five or six inches thick.” Danielle Douthet, of Level 10 Construction said it “can help everyone be on the same page more quickly, and make sure that everybody is working off the most current set of documents.”

    And it’s not just building plans. Other firms offer building management applications designed to be taken into the field on mobile devices.

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    Reprinted courtesy of

    Nevada’s Construction Defect Law

    March 05, 2015 —
    Constructive Dive reported on the effects of Nevada’s new construction defect law, which is a revision of the original 1995 Homeowners Protection Act: “The new rules more tightly define ‘defect,’ strike the requirement for the losing party to pay the other’s legal fees, and require homeowners to be much more specific about the defects they claim.” Furthermore, it reduces “the length of time a homeowner has to make a construction-defects claim at six years, down from the 10-year statute of limitations in the original law.” Arizona, Colorado, Florida, and Washington legislators are debating revising their current construction defect laws, according to Construction Dive. “If the Colorado measure passes, homeowners will have to go through arbitration before they’ll be allowed to sue their builders. The proposal in Washington would require the owner making the claim to have a third-party professional inspect the defect before filing a suit,” Construction Dive reported. Read the court decision
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    Modern Tools Are Key to Future-Proofing the Construction Industry

    September 19, 2022 —
    The U.S. construction industry is facing a tech revolution that’s upending the roles of skilled workers. Many traditional contractors are struggling to embrace the new technologies customers increasingly demand, while the industry struggles to attract young professionals. According to the latest American Community Survey data, the median age of a construction worker is 41. This is particularly concerning given the confluence of two trends: the construction industry is facing a critical workforce shortage that’s only expected to intensify, and the workforce is aging—NCCER is predicting around 40% are expected to retire by 2031. Industry leaders must prioritize using the latest industry solutions and innovations to modernize construction work, transform the construction industry and appeal to the next generation of contractors. Throughout COVID-19, the construction sector experienced a higher number of workers quitting jobs as opposed to being laid off, indicating the older workforce likely took the opportunity to retire early, along with more than three million other Americans who did the same. Currently, industry leaders are not doing enough to communicate opportunities to help shift the career perception of electrical contractors from simply being “blue collar” and un-exciting. A 2019 National Association of Home Builders (NAHB) found only 3% of people ages 18 to 25 were interested in pursuing a construction career, with most respondents noting the desire for a less physically demanding job. Reprinted courtesy of Guillaume Le Gouic, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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    California Contractors – You Should Know That Section 7141.5 May Be Your Golden Ticket

    February 18, 2020 —
    Under California’s Contractors’ State License Law, Cal. Bus. & Prof. Code §§ 7000 et seq., all contractors’ and subcontractors’ licenses expire two years from the last day of the month in which the license issued, or two years from the date on which the renewed license last expired. The Contractors State License Board (CSLB) sends licensees a renewal application 60 to 90 days prior to the date the license is set to expire. Most contractors have various controls in place to make sure that the renewal application is timely filed and the required fee paid. Even so, we are only human and mistakes are made, and a renewal application filing deadline can be missed for a variety of reasons, e.g., the licensee’s mailing address has not been updated on the CSLB’s records, the individual responsible for filing the license renewal is out on leave, there has been a death in the family or a serious health issue, etc. Quoting Robert Burns, even “[t]he best-laid schemes of mice and men go oft awry” (To a Mouse, 1786). General contractors should be cognizant of both their and their subcontractors’ license renewal obligations and deadlines. If a licensee missed timely filing its renewal application, Business & Professions Code Section 7141.5may provide some relief. Section 7141.5 provides that the Registrar of Contractors,
    “may grant the retroactive renewal of a license if the licensee requests the retroactive renewal in a petition to the registrar, files an application for renewal on a form prescribed by the registrar, and pays the appropriate renewal fee and delinquency fee prescribed by this chapter. This section shall only apply for a period not to exceed 90 days from the due date and only upon a showing by the contractor that the failure to renew was due to circumstances beyond the control of the licensee.”
    Reprinted courtesy of Lewis Brisbois Bisgaard & Smith LLP attorneys Amy Pierce, Mark Oertel and John Lubitz Ms. Pierce may be contacted at Amy.Pierce@lewisbrisbois.com Mr. Oertel may be contacted at Mark.Oertel@lewisbrisbois.com Mr. Lubitz may be contacted at John.Lubitz@lewisbrisbois.com Read the court decision
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    Extreme Rainfall Is Becoming More Frequent and Deadly

    November 11, 2024 —
    Torrential rains that triggered floods and landslides have killed hundreds of people and displaced millions across parts of Africa, Europe, Asia and the US in recent months. The unprecedented deluges overwhelmed even communities accustomed to extreme weather and showed the limitations of the early-warning systems and emergency protocols established in many countries to avoid major loss of life. Climate scientists have warned that an accelerated water cycle is locked into the world’s climate system due to past and projected greenhouse gas emissions, and is now irreversible. The communities that tend to pay the highest price are often in poorer countries, where environments can be more fragile and governance more patchy, and there are fewer resources to bounce back after a disaster. Read the court decision
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    Reprinted courtesy of Lou Del Bello, Bloomberg

    Brazil Builder Bondholders Burned by Bribery Allegations

    October 22, 2014 —
    Brazil’s biggest construction companies are leaving bondholders with losses in the wake of allegations they bribed Petroleo Brasileiro SA to win contracts. Queiroz Galvao SA’s $700 million of notes due 2019 have dropped 2.5 percent since Oct. 9, when the Department of Justice made available video in which former Petrobras head of refining Paulo Roberto Costa alleged that builders formed a cartel to overcharge for projects and divert money to politicians. OAS SA’s $875 million of 2019 notes have slumped 1.9 percent in that span, versus a 0.1 percent loss for emerging markets. Ms. Sambo may be contacted at psambo@bloomberg.net; Ms. Valle may be contacted at svalle@bloomberg.net Read the court decision
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    Reprinted courtesy of Paula Sambo and Sabrina Valle, Bloomberg

    The Looming Housing Crisis and Limited Government Relief—An Examination of the CDC Eviction Moratorium Two Months In

    December 14, 2020 —
    Months after the Centers for Disease Control and Prevention (CDC) issued a nationwide eviction moratorium using its emergency pandemic powers under the Public Health Service Act, the efficacy of this unprecedented measure remains unclear. While the Order ostensibly protects tenants facing homelessness or housing insecurity due to the financial impacts of the COVID-19 pandemic through the end of 2020, legal challenges have been initiated in Ohio and Georgia, with additional lawsuits appearing likely. Further, even barring legal challenges, courts have not handled these cases in a uniform manner. With lawmakers unable to reach any stimulus or COVID-19 relief agreement before the election, the CDC Order appears likely to remain the only federal eviction moratorium through its expiration on December 31, 2020. Since the Order’s enactment, the CDC has since released new guidance, answering some of the open questions not covered by the initial Order. This guidance, while non-binding, is largely more favorable to landlords and property management companies than the initial text of the Order, as it provides that landlords are not required to make tenants aware of the Order’s protections and may challenge the truthfulness of the tenants’ declarations in any state or municipal court. The guidance also clarified the potential criminal penalties for violating the Order and the criminal penalties for perjury for bad faith submissions of the requisite declaration by tenants. Read the court decision
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    Reprinted courtesy of Zachary Kessler, Pillsbury
    Mr. Kessler may be contacted at zachary.kessler@pillsburylaw.com

    Welcome to SubTropolis: The Massive Business Complex Buried Under Kansas City

    February 05, 2015 —
    The underground industrial park known as SubTroplis opened for business in 1964 in an excavated mine below Kansas City, Mo., attracting tenants with the lure of lower energy costs and cheap rents. The walls, carved out of 270-million-year-old limestone deposits, help keep humidity low and temperatures at a constant 68 degrees, eliminating the need for air conditioning or heating. Tenants have reported saving as much as 70 percent on their energy bills, says Ora Reynolds, president of SubTropolis landlord Hunt Midwest. Rents run about $2.25 per square foot, about half the going rate on the surface. "It's also a question of sustainability," says Joe Paris, vice president at Paris Brothers, a specialty foods packager that employs about 200 workers underground. In addition to Paris Brothers, 51 tenants have rented nearly 6 million square feet of space. Others include LightEdge Solutions, a cloud computing company that uses the mild climate to help cool servers, and an underground archive that contains the original film reels to Gone with the Wind and Wizard of Oz. Read the court decision
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    Reprinted courtesy of Patrick Clark, Bloomberg