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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

    Fairfield Connecticut Building Expert 10/ 10

    Home Builders Association of New Haven Co
    Local # 0720
    2189 Silas Deane Highway
    Rocky Hill, CT 06067

    Fairfield Connecticut Building Expert 10/ 10

    Home Builders Association of Hartford Cty Inc
    Local # 0755
    2189 Silas Deane Hwy
    Rocky Hill, CT 06067

    Fairfield Connecticut Building Expert 10/ 10

    Home Builders Association of NW Connecticut
    Local # 0710
    110 Brook St
    Torrington, CT 06790

    Fairfield Connecticut Building Expert 10/ 10

    Home Builders Association of Connecticut (State)
    Local # 0700
    3 Regency Dr Ste 204
    Bloomfield, CT 06002

    Fairfield Connecticut Building Expert 10/ 10


    Building Expert News and Information
    For Fairfield Connecticut


    Maximizing Contractual Indemnity Rights: Insuring the Indemnitor's Obligation

    Ill-fated Complaint Fails to State Claims Against Broker and FEMA

    Client Alert: Design Immunity Affirmative Defense Not Available to Public Entities Absent Evidence of Pre-Accident Discretionary Approval of the Plan or Design

    Berlin Lawmakers Get a New Green Workspace

    Partner Bradley T. Guldalian Secures Summary Judgment Win for National Hotel Chain

    New York State Legislature Reintroduces Bills to Extend Mortgage Recording Tax to Mezzanine Debt and Preferred Equity

    For Smart Home Technology, the Contract Is Key

    Construction Legislation Likely to Take Effect July 1, 2020

    Mental Health and Wellbeing in Construction: Impacts to Jobsite Safety

    TARP Funds Demolish Homes in Detroit to Lift Prices: Mortgages

    Scott Saylin Expands Employment Litigation and Insurance Litigation Team at Payne & Fears

    Defense Owed to Directors and Officers Despite Insured vs. Insured Exclusion

    Ackman Group Pays $91.5 Million for Condo at NYC’s One57

    Guarantor’s Liability on Partially Secured Debts – The Impacts of Pay Down Provisions in Serpanok Construction Inc. v. Point Ruston, LLC et al.

    Court of Appeal Holds That Higher-Tiered Party on Construction Project Can be Held Liable for Intentional Interference with Contract

    Court Grants Insurer's Motion for Summary Judgment After Insured Fails to Provide Evidence of Systemic Collapse

    Supreme Court Holds That Prevailing Wage Statute is Constitutional

    Mixed Reality for Construction: Applicability and Reality

    Security on Large Construction Projects. The Payment Remedy You Probably Never Heard of

    Colorado Defective Construction is Not Considered "Property Damage"

    Court Denies Insured's Motion to Dismiss Complaint Seeking to Compel Appraisal

    Designers George Yabu and Glenn Pushelberg Discuss One57’s Ultra-Luxury Park Hyatt

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

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

    Judge Dismisses Suit to Block Construction of Obama Center

    Newmeyer & Dillion Welcomes Three Associates to Newport Beach Office

    "Your Work" Exclusion Bars Coverage

    COVID-19 Win for Policyholders! Court Approves "Direct Physical Loss" Argument

    Insurer Not Entitled to Summary Judgment on Construction Defect, Bad Faith Claims

    Modern Tools Are Key to Future-Proofing the Construction Industry

    Settlement Reached in California Animal Shelter Construction Defect Case

    In Hong Kong, You Can Find a Home Where the Buffalo Roam

    Limitations: There is a Point of No Return

    Congratulations to Jonathan Kaplan on his Promotion to Partner!

    CSLB Releases New Forms and Announces New Fees!

    Balancing Cybersecurity Threats in Smart Cities: Is the Potential Convenience of “Smart” Intersections Worth the Risk?

    Performance Bonds: Follow the Letter of the Bond and Keep The Surety Informed

    Court Exclaims “Enough!” To Homeowner Who Kept Raising Wrongful Foreclosure Claims

    Beyond the Statute: How the Colorado Court Upheld Modified Accrual in Construction Contracts

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

    Pollution Exclusion Bars Coverage for Damage Caused by Tar Escaping From Roof

    In Oregon Construction Defect Claims, “Contract Is (Still) King”

    Digitalizing the Hospital Design Requirements Process

    Massachusetts SJC Clarifies “Strict Compliance” Standard in Construction Contracts

    If Passed, New Bill AB 2320 Will Mandate Cyber Insurance For State Government Contractors

    Admissibility of Expert Opinions in Insurance Bad Faith Trials

    Fifth Circuit Finds Duty to Defend Construction Defect Case

    Are Millennials Finally Moving Out On Their Own?

    Policy's Limitation Period for Seeking Replacement Costs Not Enforced Where Unreasonable

    Brooklyn Atlantic Yards Yields Dueling Suits on Tower
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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

    Colorado Senate Voted to Kill One of Three Construction Defect Bills

    May 05, 2014 —
    The Denver Business Journal reported that the Colorado Senate Appropriations Committee voted 5-2 to kill SB 219, one of the three construction defect bills introduced by Sen. Jessie Ulibarri, D-Commerce City. SB 219 “would have given the divisions of housing, insurance and law a combined $150,000 to collect data that would shine light on the reasons for the current shortage of owner-occupied affordable housing.” However, the two other construction defect related bills are still alive. SB 216 “would offer financial incentives for building condos worth less than $500,000 and SB 220, would make it more difficult for condo owners to file a class-action lawsuit regarding alleged defects.” Read the court decision
    Read the full story...
    Reprinted courtesy of

    Don MacGregor of Bert L. Howe & Associates Awarded Silver Star Award at WCC Construction Defect Seminar

    May 24, 2018 —
    The staff of the Construction Defect Journal would like to extend their congratulations to Don MacGregor of Bert L. Howe & Associates, Inc., in recognition of his receipt of the Silver Star Award as “Best Expert” at the 25th Anniversary of the West Coast Casualty Construction Defect Seminar, hosted at the Disneyland Resort Hotel, in Anaheim CA. Recipients of the Silver Star Awards were nominated and voted on by their peers, colleagues, and the Construction Defect Community at large, as represented by the 25,000 members who received emails on the subject. Along with “Best Expert,” recognition was also given to the best judge, mediator, plaintiff attorney, developer attorney, subcontractor attorney, coverage counsel, and insurance claims professional. Awards were handed out last Thursday during a special ceremony at this year’s Seminar. To Don, and all the worthy awardees, congratulations again! Read the court decision
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    Reprinted courtesy of

    Even Toilets Aren’t Safe as Hackers Target Home Devices

    June 11, 2014 —
    Come home to a hot iron and smoldering clothes this afternoon? Soon, it may not be a sign of forgetfulness, but rather evidence that you’ve been hacked. In coming years, your smartphone will be able to lock your house, turn on the air conditioning, check whether the milk is out of date, or even heat up your iron. Great news, except that all that convenience could also let criminals open your doors, spy on your family or drive your connected car to their lair. “As these technologies become more sophisticated, it opens up a broader spectrum of threats,” said Gunter Ollmann, chief technology officer of IOActive, a tech security firm in Seattle. A world of connected devices makes it possible “for the bad guys to have permanent entry into your household.” Read the court decision
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    Reprinted courtesy of Amy Thomson, Bloomberg
    Ms. Thomson may be contacted at athomson6@bloomberg.net

    Insurer's Refusal to Consider Supplemental Claim Found Improper

    June 17, 2024 —
    The Eleventy Circuit reversed the district court's finding that the insurer had properly rejected the insured's supplemental claim. Great Lakes Ins. SE v. Concourse Plaza A Condomiium Association, Inc., 2024 U.S. App. LEXIS 8958 (11th Cir. April 15, 2024). On September 10, 2017, Hurrican Irma struck Concourse Plaza's building, causing wind and water damage. Great Lakes sent a adjuster to inspect the property. The adjuster found damages to the building were $31,035.21, well below the policy's deductible. Accordingly, Great Lakes advised that the net amount of the claim was zero. Concourse Plaza responded on September 4, 2020, just shy of three years after the cliam accured. Concourse Plaza disputed the damages estimate, but did not include a competing estimate. The letter said an estimate was being prepared and Great Lakes should consider the letter as notice of the intent to pursue additional benefits for the loss pursuant to the policy's notice provisions and Florida law. 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

    Contractors and Owners Will Have an Easier Time Identifying Regulated Wetlands Following Recent U.S. Supreme Court Opinion

    August 01, 2023 —
    Contractors appreciate how difficult it often is on a technical level to perform work in or near wetlands or other environmentally sensitive areas. Such work is even more difficult due to the complex, and ever-changing regulations issued by the United States Environmental Protection Agency (“EPA”) under the Clean Water Act (“CWA”). The CWA applies to “navigable waters”, which are defined as “the waters of the United States.” To determine whether certain wetlands are in fact “the waters of the United States”, contractors and owners have had to engage in a fact-intensive “significant-nexus” determination dependent upon a lengthy list of hydrological and ecological factors found in the regulations. Recently, the U.S. Supreme Court struck down the applicability of those regulations and instituted a simpler test to determine whether wetlands on an owner’s property fall within them. In Sackett v. EPA, the Sacketts purchased property near a lake in Idaho. In preparation for building a home, they began backfilling the site with dirt and rocks. A few months later, the EPA sent the Sacketts a compliance order informing them that their backfilling violated the CWA because their property was part of protected wetlands. The EPA demanded that the Sacketts immediately undertake activities to restore the site and threatened the Sacketts with penalties of over $40,000 per day if they did not comply. According to the EPA, the wetlands on the Sacketts’ lot fell under the jurisdiction of the CWA because they were “adjacent to” (i.e., in the same neighborhood as) an unnamed tributary on the other side of a 30-foot road, which fed into the nearby lake. The EPA concluded that the Sacketts’ wetlands, when considered together with a large nearby wetland complex, significantly affected the ecology of the lake. Thus, the EPA charged that the Sacketts had illegally dumped soil and gravel into “the waters of the United States.” Read the court decision
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    Reprinted courtesy of David Scriven-Young, Peckar & Abramson PC
    Mr. Scriven-Young may be contacted at dscriven-young@pecklaw.com

    Safety, Technology Combine to Change the Construction Conversation

    September 30, 2019 —
    New technologies are redefining how to plan, build and deliver the full spectrum of construction projects. Automation, software and new processes are changing the construction industry in unprecedented ways, and construction management is evolving along with it. Construction companies are adapting—using innovative tools and resources, joined by more aggressive risk management and decision-making methods. All the while, safety remains at the heart of every successful new build. Envisioning the Modern Job Site Productivity has increased by leaps and bounds as processes have gotten faster and cheaper. Twenty years ago, the industry looked completely different— a $500 million project would have taken four years to deliver; today, it can be done in 29 months. These new projects are becoming incredibly complex as new technologies change the size and scope, giving rise to more specialization and fragmentation. Building projects faster with fewer people requires a whole new level of preparation. This is where advanced planning and advanced work packaging can play a big role—by informing exactly how the material is going to arrive, how it will be staged, how it will be fabricated and how the area can be best managed to deliver the work. Reprinted courtesy of Neil Riddle & Brent Burger, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Mr. Riddle may be contacted at RiddleRN@bv.com Mr. Burger may be contacted at BurgerBB@bv.com Read the court decision
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    Reprinted courtesy of

    Restaurant Wants SCOTUS to Dust Off Eleventh Circuit’s “Physical Loss” Ruling

    February 01, 2021 —
    A South Florida restaurant has asked the US Supreme Court to overturn a federal district court’s ruling that the restaurant is not entitled to coverage under an “all risk” commercial property insurance policy for lost income and extra expenses resulting from nearby road construction. In the underlying coverage action, the policyholder, Mama Jo’s (operating as Berries in the Grove), sought coverage under its all-risk policy for business income losses and expenses caused by construction dust and debris that migrated into the restaurant. Should the Supreme Court grant certiorari, the case will be closely watched by insurers and policyholders alike as an indicator of the scope of coverage available under all-risk policies and whether the principles pertinent to construction dust and debris (at issue in Mama Jo’s claim) have any application to the thousands of pending claims for COVID-19-related business interruption losses pending in the state and federal court systems. As previously discussed on this blog, the Eleventh Circuit’s decision deviates from Florida precedent on the issue of “direct physical loss” and even its own understanding of that term as described in the August 18, 2020 decision now at issue before the Supreme Court. Mama Jo’s points to this in its petition along with several other errors arguing, for example, that the appellate court’s ruling renders entire areas of coverage nonexistent by requiring “tangible destruction” of property under all-risk policies that expressly afford coverage for types of clean-up costs required to remove debris from covered property. Reprinted courtesy of Michael S. Levine, Hunton Andrews Kurth and Geoffrey B. Fehling, Hunton Andrews Kurth Mr. Levine may be contacted at mlevine@HuntonAK.com Mr. Fehling may be contacted at gfehling@HuntonAK.com Read the court decision
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    Reprinted courtesy of

    Reminder About the Upcoming Mechanic’s Lien Form Change

    August 26, 2019 —
    As July 1, 2019 approaches with its inevitable changes to the Virginia Code, I wanted to remind you once again that the statutory form for a Virginia mechanic’s lien will change as of that date. HB2409 passed both houses of the General Assembly and has been signed by the Governor. This bill reconciled the language found in Virginia Code Sec. 43-4 with the various forms for general contractor, subcontractor and sub-subcontractor/supplier forms found in later sections of the code. As you will see if you download the .pdf of the bill as signed, this involved some tweaks to 43-4 and some updates to the mechanic’s lien forms that are in the code. The recent Desai case from the Virginia Supreme Court made it clear that such action was necessary. 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