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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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    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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    Court of Appeal Holds Only “Named Insureds” May Sue for Bad Faith Under California FAIR Plan Policy

    Colorado Senate Committee Approves Construction Defect Bill

    Court Retained Jurisdiction to Enforce Settlement Under Code of Civil Procedure Section 664.6 Despite Dismissal of Complaint

    Tejon Ranch Co. Announces Settlement of Litigation Related to the Tejon Ranch Conservation and Land Use Agreement

    Virtual Mediation – How Do I Make It Work for Me?

    Climate Change a Factor in 'Unprecedented' South Asia Floods

    OSHA Penalties—What Happened with International Nutrition

    Colorado Legislative Update: HB 20-1155, HB 20-1290, and HB 20-1348

    Report: Construction Firms Could Better Protect Workers From Noise Hazards

    SunCal Buys Oak Knoll Development for the Second Time

    Developer Transition - Maryland Condominiums

    Colorado Passes Compromise Bill on Construction Defects

    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

    Does Stricter Decertification Mean More “Leedigation?”

    New California Construction Laws for 2020

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    How to Determine the Deadline for Recording a California Mechanics Lien

    Plehat Brings Natural Environments into Design Tools

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    Traub Lieberman Partner Lisa M. Rolle Obtains Summary Judgment in Favor of Defendant

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    The Future of Construction Work with Mark Ehrlich

    A Riveting (or at Least Insightful) Explanation of the Privette Doctrine

    Rescission of Policy for Misrepresentation in Application Reversed

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    Federal District Court Continues to Find Construction Defects do Not Arise From An Occurrence

    Traub Lieberman Partner Gregory S. Pennington and Associate Emily A. Velcamp Obtain Summary Judgment in Favor of Residential Property Owners

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    FAIRFIELD CONNECTICUT BUILDING EXPERT
    DIRECTORY AND CAPABILITIES

    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

    Developer Boymelgreen Forced to Hand Over Financial Records for 15 Broad Street

    September 24, 2014 —
    The Manhattan Supreme Court “denied a last-ditch effort by Jeshayahu Boymelgreen to avoid handing over financial records as part of a state investigation into the development of 15 Broad Street in the Financial District,” according to The Real Deal. Attorney General Eric Schneiderman had ordered Boymelgreen to turn over the records. Futhermore, according to court records (as reported in The Real Deal), “the developer was also seeking to reduce the amount of money required to fund a $470,000 escrow account to make repairs at the condo — known as Downtown by Starck — which Boymelgreen jointly developed with Africa Israel.” “We’re glad to see that the courts are rejecting Boymelgreen’s arguments why he shouldn’t be required to maintain an escrow account as security for the sponsor to obtain a permanent certificate of occupancy for 15 Broad, as was set forth in the very offering he participated in with Africa Israel,” Steven Sladkus, attorney for unit owners at the condo, stated. “Accountability is one step closer to the light at the end of the tunnel.” Brian Itzkowitz, an attorney representing Boymelgreen, did not return The Real Deal’s calls or emails. Read the court decision
    Read the full story...
    Reprinted courtesy of

    Following California Law, Federal Court Adopts Horizontal Allocation For Asbestos Coverage

    May 19, 2014 —
    Following California law, the federal district court adopted horizontal allocation to settle a dispute among carriers for an insured sued for selling asbestos products. New England Fire Ins. Corp. v. Ferguson Enterprises, Inc., Civil No. 3:12cv948 (D. Conn. April 8, 2014) [ruling here] The insured was a California-based corporation that sold plumbing supply products that contained asbestos. The insured was named in numerous asbestos-related lawsuits that were filed largely in California. The insured had primary and excess coverage for bodily injury claims. New England Fire Insurance issued an excess policy to the insured. The policy provided the insurer would be liable for the ultimate new loss in excess of the insureds underlying limit, which was defined as the amount equal to the limits of the underlying insurance, plus the applicable limits of any other underlying insurance collectible by the insured. Read the court decision
    Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    Navigating the Hurdles of Florida Construction Defect Lawsuits

    April 03, 2013 —
    The Florida law firm of Williams Law Association reminds readers that under the law, homeowners “cannot immediately file a lawsuit against their contractor if they subsequently discover construction defects.” The contractor must first have a chance to fix the defect. Further, there is a waiting period between informing the contractor and actually filing the lawsuit. For individual homeowners, that wait is 60 days, but for associations of more than 20 parcels, it’s 120 days. Read the court decision
    Read the full story...
    Reprinted courtesy of

    What You Need to Know About Notices of Completion, Cessation and Non-Responsibility

    June 30, 2016 —
    We talk a lot about contractors on the California Construction Law Blog. Owners? Not so much. So this one’s for you. Why are Notices of Completion, Cessation and Non-Responsibility Important to Owners? California recognizes three types of statutory notices on construction projects available to owners:
    • Notices of completion;
    • Notices of cessation; and
    • Notices of non-responsibility.
    • Read the court decision
      Read the full story...
      Reprinted courtesy of Garret Murai, Wendel Rosen Black & Dean LLP
      Mr. Murai may be contacted at gmurai@wendel.com

      Defense Owed to Insured Subcontractor, but not to Additional Insured

      December 13, 2022 —
      Affirming the district court, the Eleventh Circuit agreed that the insured subcontractor was entitled to a defense against claims of faulty workmanship, but no defense was owed to the additional insured subcontractor. Cincinnati Spec. Underwriters Ins. Co. v. KNS Group, LLC, 2022 U.S. App. LEXIS 27949 (11th Cir. Oct. 6. 2022).  The general contractor on a project to build a casino and hotel hired GM&P Consulting and Glazing Contractors, Inc. (GM&P) to provide exterior glazing for the building. GM&P enlisted subcontractor KNS to assist it by glazing glass and installing window walls. KNS agreed to provide commercial general liability and other types of insurance, and to indemnify GM&P for liability for damages caused by any of its acts or omissions. KNS acquired a policy from Cincinnati.  The casino filed suit against the general contractor and subcontractors, alleging that GM&P installed defective "Glass Facade" and improperly installed windows. GM&P filed a Hird-party complaint against KNS due to KNS's alleged defective construction of the casino. 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

      CDJ’s #8 Topic of the Year: California’s Board of Equalization Tower

      December 31, 2014 —
      Imagine a workplace where bats fly, floors flood, and glass panels randomly pop out of the building to shatter on the sidewalk. Add to that repairs that could total more than twice the purchase price, and you have a story. Especially when it involves a California government facility. Jon Ortiz of the Sacramento Bee shared the story on Insurance News. Read the court decision
      Read the full story...
      Reprinted courtesy of

      Not in My Kitchen – California Supreme Court Decertifies Golden State Boring Case

      November 26, 2014 —
      On November 11, 2014, the California Supreme Court rejected the recent California Court of Appeals decision Golden State Boring & Pipe Jacking, Inc. v Eastern Municipal Water District, 228 Cal.App.4th 273 (2014) which we wrote about earlier by “decertifying” it (meaning that lawyers cannot cite to the case as legal precedent) The decertification removed a decision that added substantially to the confusion as to when an action on a payment bond is timely filed. Even though the decision was determined in accordance with pre-2014 statutes, the case was relevant precedent for construction attorneys when determining time deadlines for filing a claim on a bond. Background In July of this year, the California Court of Appeals for the Fourth Appellate District upheld a trial court’s granting of summary judgment against a project subcontractor Golden State Boring & Pipe Jacking, Inc. (GSB) who sued Safeco Insurance Company (Safeco) for unpaid contract amounts on a project payment bond issued by Safeco. Both at the trial level and on appeal Safeco successfully argued that GSB’s action on its payment bond claim was time barred by former California Civil Code Sections 3249 (now Section 9558), because it was filed more than six month after the period in which stop notices may be filed as provided by California’s Civil Code Section 3184 (now Section 9558). Read the court decision
      Read the full story...
      Reprinted courtesy of Roger Hughes, Wendel Rosen Black & Dean LLP
      Mr. Hughes may be contacted at rhughes@wendel.com

      Colorado HB 13-1090: Concerning Payment of Amounts Due Under a Construction Agreement

      February 21, 2013 —
      On January 17, 2013 Representative Fischer introduced House Bill 13-1090 into the Colorado House of Representatives. HB 1090 was assigned the House Business, Labor, Economic and Workforce Development Committee. The bill, sponsored by Senator Tochtrop in the Senate, sets the following requirements for both private and public construction contracts: The owner and contractor must make regular progress payments approximately every 30 days to contractors and subcontractors for work actually performed. To receive the progress payments, the contractor and subcontractor must submit a progress payment invoice plus any required documents. A contractor must pass on the progress payment to the subcontractor within 5 days or by the end of the billing cycle. Interest accrues on unpaid progress payments. A contract may extend a billing cycle to 60 days, but the contract must duly warn of this. Read the court decision
      Read the full story...
      Reprinted courtesy of David M. McLain
      mclain@hhmrlaw.com