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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
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    Conspirators Bilked Homeowners in Nevada Construction Defect Claims

    Eleventh Circuit Affirms Jury Verdict on Covered Property Loss

    New York Construction Practice Team Obtains Summary Judgment, Dismissal of Labor Law §240(1) Claim Against Municipal Entities

    Industry Groups Decry Jan. 6 Riot; DOT Chief Chao Steps Down in Protest

    Does a Broker Forfeit His or Her Commission for Technical Non-Compliance with Department of Real Estate Statutory Requirements?

    Arizona Contractor Designs Water-Repellant Cabinets

    Traub Lieberman Senior Trial Counsel Timothy McNamara Wins Affirmation of Summary Judgment Denial

    Effective Zoning Reform Isn’t as Simple as It Seems

    Massachusetts Pulls Phased Trigger On Its Statute of Repose

    WATCH: 2023 Construction Economic Update and Forecast

    Real Estate & Construction News Round-Up 05/04/22

    U.S. Stocks Fluctuate Near Record After Housing Data

    History and Gentrification Clash in a Gilded Age Resort

    GE to Repay $87 Million for Scaled-Back Headquarters Plan

    Resolving Condominium Construction Defect Warranty Claims in Maryland

    Not Our Territory: 11th Circuit Dismisses Hurricane Damage Appraisal Order for Lack of Jurisdiction

    Real Estate & Construction News Roundup (6/4/24) – New CRE Litmus Tests, Tech Integration in Real Estate and a Jump in Investor Home Purchases

    Commercial Construction in the Golden State is Looking Pretty Golden

    Stay-At-Home Orders and Work Restrictions with 50 State Matrix

    Delay In Noticing Insurer of Loss is Not Prejudicial

    Court Orders House to be Demolished or Relocated

    Colorado Senate Bill 13-052: The “Transit-Oriented Development Claims Act of 2013.”

    Carin Ramirez and David McLain recognized among the Best Lawyers in America© for 2021

    In Kansas City, a First-Ever Stadium Designed for Women’s Sports Takes the Field

    Pulling the Plug

    Understanding Liability Insurer’s Two Duties: To Defend and to Indemnify

    U.S. Supreme Court Weighs in on Construction Case

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    They Say Nothing Lasts Forever, but What If Decommissioning Does?

    Factories Boost U.S. Output as Builders Gain Confidence: Economy

    Serving Notice of Nonpayment Under Miller Act

    Construction Lien Does Not Include Late Fees Separate From Interest

    Is it the End of the Lease-Leaseback Shootouts? Maybe.

    Between Scylla and Charybids: The Mediation Privilege and Legal Malpractice Claims

    Texas Court Requires Insurer to Defend GC Despite Breach of Contract Exclusion

    Leftover Equipment and Materials When a Contractor Is Abruptly Terminated

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    Updates to the CEQA Guidelines Have Been Finalized

    Limitations on the Ability to Withdraw and De-Annex Property from a Common Interest Community

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

    Tax Increase Pumps $52 Billion Into California Construction

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    Occurrence Definition Trends Analyzed

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    Real Estate & Construction News Roundup (05/10/23) – Wobbling Real Estate, Booming (and Busting) Construction, and Eye-Watering Insurance Premiums

    New Case Alert: California Federal Court Allows Policy Stacking to Cover Continuous Injury

    Limiting Plaintiffs’ Claims to a Cause of Action for Violation of SB-800
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    Fairfield, Connecticut

    Continuity and Disaster Recovery Plans for Contractors: Lessons From the Past

    November 28, 2022 —
    There is no shortage of natural disasters to illustrate the importance of being prepared. Wildfires, hurricanes, winter storms and floods can hit a construction job site hard. Appropriate property-casualty insurance and surety bonds are necessary protections for a contractor and project owner. But the addition of well-thought-out continuity and disaster recovery plans will better position the contractor to deal with whatever Mother Nature brings. Consider Hurricane Katrina, the costliest hurricane to hit the United States. Pummeling Florida, Louisiana and Mississippi in August 2005, the storm led to 1,833 fatalities and an estimated $108 billion in damages. Levees meant to protect New Orleans from Lake Pontchartrain did not hold, flooding 80% of the city. Utilities including power, water and sanitary sewers were severely damaged. Homes were destroyed. Roadways were closed. Communications systems were down. Contractors who had good business continuity and disaster recovery plans fared better than those who did not. Reprinted courtesy of Rich Sghiatti, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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    Reprinted courtesy of

    Florida Federal Court Reinforces Principle That Precise Policy Language Is Required Before An Insurer Can Deny Coverage Based On An Exclusion

    February 07, 2018 —
    A recent ruling by U.S. District Judge Paul Byron of the Middle District of Florida has made clear that the actual words used in an insurance contract matter. The court, in Mt. Hawley Insurance Co. v. Tactic Security Enforcement, Inc., No. 6:16-cv-01425 (M.D. FL. 2018), denied an insurance company’s motion for summary judgment attempting to rely on an exclusion to deny coverage to its policyholder. The policyholder, Que Rico La Casa Del Mofongo, operated a restaurant establishment in Orlando, Florida, and sought coverage for two negligence lawsuits filed against it for allegedly failing to prevent a shooting and another violent incident on its premises. Reprinted courtesy of Walter J. Andrews, Hunton & Williams and Katherine Miller, Hunton & Williams Mr. Andrews may be contacted at wandrews@hunton.com Ms. Miller may be contacted at kmiller@hunton.com Read the court decision
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    Reprinted courtesy of

    Northern District of Mississippi Finds That Non-Work Property Damages Are Not Subject to AIA’s Waiver of Subrogation Clause

    July 11, 2018 —
    In recent months, the Northern District of Mississippi has grappled with how to interpret waivers of subrogation in American Institute of Architects (AIA) construction industry contracts and, specifically, how they apply to work versus non-work property. The distinction between work and non-work property has been commonly litigated and remains a hotly debated topic when handling subrogation claims involving construction defects. In Liberty Mutual Fire Ins. Co. v. Fowlkes Plumbing, 2018 U.S. Dist. LEXIS 23515 (February 12, 2018), a fire consumed the entire insured risk when one of the defendants was performing window restoration services. Subsequently, the insured’s subrogated insurer filed suit against several defendants involved in the construction project at issue. In response to the defendants’ motion for summary judgment, the District Court for the Northern District of Mississippi considered whether the waiver of subrogation clause in AIA contract form A201-2007 precluded the subrogated insurer from recovering damages from the defendants. The court held that the waiver of subrogation provision contained in AIA document A201-2007 barred the insurer from recovering for damages to the work itself, but did not apply to non-work property. Read the court decision
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    Reprinted courtesy of Shannon M. Warren, White and Williams LLP
    Ms. Warren may be contacted at warrens@whiteandwilliams.com

    Georgia Super Lawyers Recognized Two Lawyers from Hunton’s Insurance Recovery Group

    March 06, 2023 —
    Hunton insurance recovery group partner Larry Bracken and associate Rachel Hudgins were each recognized in Georgia Super Lawyers 2023’s most recent publication. Larry Bracken was recognized as a Super Lawyer, and Rachel Hudgins was selected as a Rising Star for Insurance Coverage. Super Lawyers, a subsidiary of Thomson Reuters, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The patented selection process includes independent research, peer nominations and peer evaluations. Ultimately, no more than 5% of lawyers in a state are selected as Super Lawyers, and less than 2.5% are recognized as Rising Stars. Congratulations to Larry and Rachel on this achievement! Read the court decision
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    Reprinted courtesy of Hunton Andrews Kurth LLP

    NY Court Holds Excess Liability Coverage Could Never be Triggered Where Employers’ Liability Policy Provided Unlimited Insurance Coverage

    February 28, 2018 —
    In a potentially significant development in New York insurance law, a recent appellate level decision held that an excess liability policy was not obligated to provide coverage where the underlying employer’s liability policy provided unlimited coverage pursuant to New York regulations. The Arthur Vincent & Sons Construction, Inc. v. Century Surety Insurance Co.1 case arose out of an underlying wrongful death claim. Fordham University hired Arthur Vincent and Sons Construction, Inc. (“AVSC”) to install a new roof on its Lewis Calder Center. As is typical of most construction contracts, AVSC agreed to indemnify the University against any claims arising out of its negligence, and to name the University as an additional insured on its commercial general liability policy. AVSC was insured by three policies: (1) a worker’s compensation and employer’s liability policy issued by Commerce and Industry Insur¬ance Company (“CIIC”); (2) a primary CGL policy issued by Century Surety Insurance Company (“Century”); and (3) an excess liability policy issued by Admiral Insurance Company (“Admiral”). Reprinted courtesy of Theresa A. Guertin, Saxe Doernberger & Vita, P.C. and Samantha M. Martino, Saxe Doernberger & Vita, P.C. Ms. Guertin may be contacted at tag@sdvlaw.com Ms. Martino may be contacted at smm@sdvlaw.com Read the court decision
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    Fire Damages Unfinished Hospital Tower at NYU Langone Medical Center

    December 15, 2016 —
    A fire broke out Dec. 14 at a hospital tower under construction at NYU Langone Medical Center in New York City. The blaze sent a column of thick black smoke up through the Manhattan skyline. Read the court decision
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    Reprinted courtesy of Jeff Rubenstone, Engineering News-Record
    Mr. Rubenstone may be contacted at rubenstonej@enr.com

    Florida Legislative Change Extends Completed Operations Tail for Condominium Projects

    December 10, 2024 —
    The Florida Legislature recently passed House Bill 1021 which amended Florida Statute § 718.124. The July 1, 2024 amendment changes Florida’s statute of repose (“SOR”) trigger date for condominium projects. Now, the SOR trigger for existing condominium projects will be governed by Florida Statute §718.124, not Florida Statute § 95.11. Most critically, Florida Statute § 718.124 changes the trigger events for when the “clock” starts running and impacts how long the SOR runs. Notably, Florida Statute § 718.124 already governed the trigger event for the statute of limitations (“SOR”) for condominium projects. One important overarching takeaway for contractors to carefully assess is that the change in the “trigger” event may result in the SOR concluding at a later date than originally planned – affecting time on the risk and, critically, the availability of insurance. The standard approach of using a static 10-year completed operations tail on a condominium construction insurance program may now be insufficient in certain circumstances. Read the court decision
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    Reprinted courtesy of Holly A. Rice, Saxe Doernberger & Vita, P.C.
    Ms. Rice may be contacted at HRice@sdvlaw.com

    Not so Fast – Florida’s Legislature Overrules Gindel’s Pre-Suit Notice/Tolling Decision Related to the Construction Defect Statute of Repose

    May 11, 2020 —
    As discussed in a prior blog post, in Gindel v. Centex Homes, 2018 Fla.App. LEXIS 13019, Florida’s Fourth District Court of Appeal held that when the plaintiffs provided a pre-suit notice in compliance with §558.004 of Florida’s construction defect Right-to-Cure statute, Fla. Stat. §§ 558.001 to 558.005, et. seq., they commenced a “civil action or proceeding,” i.e. an “action,” within the meaning of Florida’s construction defect Statute of Repose, Florida Statue § 95.11(3)(c). Thus, the court held that the plaintiffs commenced their action prior to the time Florida’s 10-year statute of repose period ended. In overturning the lower court’s dismissal of the action, the court found that because the Right-to-Cure statute, §558 of the Florida Statutes, sets out a series of mandatory steps that must be taken prior to bringing a judicial action, filing pre-suit notice of claim sufficiently constituted an “action” for purposes of Florida’s Statute of Repose. For various reasons, the parties appealed the decision to the Supreme Court of Florida. In July of 2019, before the Florida Supreme Court could decide whether to hear the case, the Florida legislature passed legislation that effectively overruled the decision. To overrule the decision, the Florida Legislature modified § 558.004 of Florida’s Right-to-Cure statute to expressly state that a notice of claim served pursuant to the Right-to-Cure statute does not toll the 10-year statute of repose period for construction claims. See Fla. Stat. § 558.004(d). Read the court decision
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    Reprinted courtesy of Rahul Gogineni, White and Williams LLP
    Mr. Gogineni may be contacted at goginenir@whiteandwilliams.com