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

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

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

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    Building Expert News and Information
    For Fairfield Connecticut


    A DC Office Building Offers a Lesson in Glass and Sculpture

    U.S. Homeowners Are Lingering Longer, and the Wait Is Paying Off

    The Sky is Falling! – Or is it? Impacting Lives through Addressing the Fear of Environmental Liabilities

    Construction Lien Does Not Include Late Fees Separate From Interest

    Endorsements Preclude Coverage for Alleged Faulty Workmanship

    California Court of Appeal Provides Clarity On What Triggers Supplemental Analysis Under California Environmental Quality Act

    Is an Initial Decision Maker, Project Neutral, or Dispute Resolution Board Right for You?

    Rise in Single-Family Construction Anticipated in Michigan

    Faulty Workmanship Exclusion Does Not Bar Coverage

    Massachusetts Pulls Phased Trigger On Its Statute of Repose

    Second Circuit Brings Clarity To Scope of “Joint Employer” Theory in Discrimination Cases

    A Court-Side Seat: Clean Air, Clean Water, Citizen Suits and the Summer of 2022

    Traub Lieberman Attorneys Burks Smith and Katie Keller Win Daubert Motion Excluding Plaintiff’s Expert’s Testimony in the Middle District of Florida

    Pennsylvania Finds Policy Triggered When Property Damage Reasonably Apparent

    Wildfire Insurance Coverage Series, Part 4: Coverage for Supply Chain Related Losses

    As Florence Eyes East Coast, Are You Looking At Your Insurance?

    Jury Finds Broker Liable for Policyholder’s Insufficient Business Interruption Limits

    Brad Pitt’s Foundation Sues New Orleans Architect for Construction Defects

    Contractual “Pay if Paid” and “Pay when Paid” Clauses? What is a California Construction Subcontractor to Do?

    How the Cumulative Impact Theory has been Defined

    EPA Expands Energy Star, Adds Indoor airPLUS

    Construction Companies Must Prepare for a Surge of Third-Party Contractors

    Do We Really Want Courts Deciding if Our Construction Contracts are Fair?

    Connecticut Answers Critical Questions Regarding Scope of Collapse Coverage in Homeowners Policies in Insurers’ Favor

    Denial of Coverage For Bodily Injury After Policy Period Does Not Violate Public Policy

    Recent Opinions Clarify Enforceability of Pay-if-Paid Provisions in Construction Contracts

    How AI Can Become a Design Adviser

    Resulting Loss From Faulty Workmanship Covered

    Subcontractors Aren’t Helpless

    Home Building Likely to Stick to Slow Pace

    A Tuesday With Lisa Colon

    SAFETY Act Part II: Levels of Protection

    Undercover Sting Nabs Eleven Illegal Contractors in California

    Judge Halts Sale of Brazilian Plywood

    Fifth Circuit Requires Causal Distinction for Ensuing Loss Exception to Faulty Work Exclusion

    Insurer's Attempt to Limit Additional Insured Status Fails

    Green Buildings Could Lead to Liabilities

    Force Majeure and COVID-19 in Construction Contracts – What You Need to Know

    Where-Forum Art Thou? Is the Chosen Forum Akin to No Forum at All?

    Construction May Begin with Documents, but It Shouldn’t End That Way

    City Council Authorizes Settlement of Basement Flooding Cases

    Flag on the Play! Expired Contractor’s License!

    Eleventh Circuit Finds Professional Services Exclusion Applies to Construction Management Activities

    Nevada State Senator Says HOA Scandal Shows Need for Construction Defect Reform

    New York Construction Practice Team Obtains Summary Judgment and Dismissal of Labor Law Claims

    How to Remove a Mechanics Lien from Your Property

    Congratulations to Haight Attorneys Selected for the 2024 Edition of Best Lawyers and Best Lawyers: Ones to Watch

    New York Appellate Division Reverses Denial of Landlord’s Additional Insured Tender

    TxDOT, Flatiron/Dragados Mostly Resolve Bridge Design Dispute

    Oklahoma Finds Policy Can Be Assigned Post-Loss
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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. 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

    When is Construction Put to Its “Intended Use”?

    July 31, 2013 —
    Defining words and phrases in the law can be a tricky proposition. In everyday life one would presume to know what the phrase “intended use” would mean, but when it comes to litigation, oftentimes the definitions become much more nuanced. On March 12, 2013, in the Bituminous Cas. Corp. v. Hartford Cas. Ins. Co. v. Canal Ins. Co., WL 950800 (D. Colo. 2013) case, Senior District Court Judge Wiley Y. Daniel denied Third-Party Defendant Canal Insurance Company’s (“Canal”) motion to dismiss Third-Party Plaintiff Hartford Casualty Insurance Company’s (“Hartford”) third-party complaint. The case arose out of a liability insurance coverage dispute related to an underlying construction defect lawsuit. In the construction defect suit, a plaintiff homeowner’s association brought a suit against a developer and a general contractor (“GC”) among others. While the underlying action was settled, a dispute remained between Bituminous Casualty Corporation, which insured the GC, and Hartford, which insured the developer. Hartford asserted third-party claims against Canal seeking a declaration of Canal’s obligations and contribution in the event Hartford owed any defense or indemnity obligations to the GC. Hartford’s claims are based on the premise that Canal owed a duty to defend and/or indemnify the GC in the underlying action. Read the court decision
    Read the full story...
    Reprinted courtesy of Brady Iandiorio
    Brady Iandiorio can be contacted at Iandiorio@hhmrlaw.com

    Designers Face Fatal Pedestrian Bridge Collapse Fallout

    December 08, 2016 —
    The use of “severely notched” end connections in the design of timber bridge girders that failed, sending a pair of partly completed pedestrian bridges crashing to the ground—and killing one worker—has come back to haunt the bridge engineer, architect of record and material supplier. The design detail had provoked concerns that were not fully addressed before the November 2014 accident at Wake Technical Community College in Raleigh, N.C., during an expansion project that involved several buildings and the bridges. Read the court decision
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    Reprinted courtesy of Scott Judy, Engineering News-Record
    Mr. Judy may be contacted at judys@enr.com

    Violation of Prompt Payment Statutes is Not a Breach of Contract. But That’s Not the Most Interesting Part

    November 01, 2022 —
    While construction projects can get messy, they don’t get much messier than the next case, which, while involving a fairly limited legal issue, has such jaw dropping facts it’s worth a read if only to make you feel a bit better about your own project. The Clark Bros. Case In Clark Bros, Inc. v. North Edwards Water District, 77 Cal.App.5th 801 (2022), general contractor Clark Bros., Inc. was awarded over $3 million in damages against a local water district on a water treatment facility project. The Project The North Edwards Water District serves approximately 220 customers in the Mojave Desert. It has one employee, Dollie Dimples Kostopoulos. Seriously, you can’t make this stuff up. The drinking water it provides to its customers contains three times the legal limit of arsenic, a carcinogen. Read the court decision
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    Reprinted courtesy of Garret Murai, Nomos LLP
    Mr. Murai may be contacted at gmurai@nomosllp.com

    2023’s Bank Failures: What Contractors, Material Suppliers and Equipment Lessors Can Do to Protect Themselves

    May 15, 2023 —
    It has been a tumultuous year for the banking industry. Since the beginning of this year the industry has seen the collapse of Silicon Valley Bank and Signature Bank, the shotgun marriage between failing Credit Suisse and USB, and, most recently, the collapse of First Republic Bank this past week and its purchase by JP Morgan Chase. Indeed, according to the New York Times, these three bank failures cum bailouts alone were bigger than the 25 banks that collapsed during the financial crises of 2008 and some are concerned that it is just the beginning. This, of course, has impacted the stock market, with Forbes reporting that the banking industry lost more than $300 billion in market value as of the end of March. However, it also raises concerns regarding liquidity on construction projects. While the failing banks have either been bought out by other banks or shored up by the federal government, which, in the case of Silicon Valley Bank and Signature Bank, involved the Federal Deposit Insurance Corporation (FDIC), the Treasury Department and the Federal Reserve stepping into to protect depositors by guaranteeing deposits in excess of the current FDIC limit of $250,000, there continues to be concerns over access to cash. This can impact construction projects in several ways. Read the court decision
    Read the full story...
    Reprinted courtesy of Garret Murai, Nomos LLP
    Mr. Murai may be contacted at gmurai@nomosllp.com

    Ten ACS Lawyers Recognized as Super Lawyers or Rising Stars

    August 30, 2021 —
    ACS is very honored and pleased to announce ten members of our firm were awarded the distinction of top attorneys in Washington. Our blog articles usually cover Construction Legal News, but we feel this is a newsworthy accolade to be shared with friends and clients. To become candidates to receiving the Super Lawyer nomination, lawyers are nominated by a peer or identified by research. After completing this first step in the process, Super Lawyer’s research department analyzes 12 indicators, such as experience, honors/awards, verdicts/settlements, and others. As for the third step, there is a peer evaluation by practice area. Finally, for step four, candidates are grouped into four firm-size categories. In other words, solo and small firm lawyers are compared only with other solo and small firm lawyers, and large firm lawyers are compared with other large firm lawyers. The process is very selective and only 5 percent of the total lawyers in Washington are nominated as Super Lawyers. John P. Ahlers, one of the firm’s founding partners, was recognized as the third Top Lawyer out of all Washington lawyers in the State. Named partner Scott R. Sleight and partner Brett M. Hill were both recognized as one of the 100-Best Lawyers in the State. Read the court decision
    Read the full story...
    Reprinted courtesy of Cameron Sheldon, Ahlers Cressman & Sleight PLLC
    Ms. Sheldon may be contacted at cameron.sheldon@acslawyers.com

    BWB&O Partners are Recognized as 2022 AV Preeminent Attorneys by Martindale-Hubbell!

    December 06, 2021 —
    Congratulations to BWB&O Partners on their recognition in Martindale-Hubbell® as AV Preeminent attorneys. This honor is given to attorneys who are ranked at the highest level of professional excellence for their legal expertise, communication skills, and ethical standards by their peers. Newport Beach Partner, Nicole Whyte Newport Beach Partner, Keith Bremer Newport Beach Partner, John Toohey Newport Beach Partner, Jeremy Johnson Woodland Hills Partner, John O'Meara Woodland Hills Partner, Patrick Au Arizona Partner, John Belanger Las Vegas Partner, Peter Brown Las Vegas Partner, Lucian Greco Las Vegas Partner, Anthony Garasi San Diego Partner, Vik Nagpal San Diego Partner, Alexander Giannetto Read the court decision
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    Reprinted courtesy of Dolores Montoya, Bremer Whyte Brown & O'Meara LLP

    Pennsylvania Modernizes State Building Code

    October 30, 2018 —
    The Pennsylvania Independent Regulatory Review Commission has updated the state’s Uniform Construction Code to align with the 2015 International Code —a family of comprehensive and coordinated building codes used in all 50 states that are updated regularly and take into account the latest health and safety technology and building science advancements. Reprinted courtesy of Joanna Masterson, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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    Reprinted courtesy of

    Florida District Court Finds That “Unrelated” Design Errors Sufficient to Trigger “Related Claims” Provision in Architects & Engineers Policy

    March 02, 2020 —
    Most professional liability polices include some form of a “related claims” provision that generally provides where two or more claims or wrongful acts are causally or logically related, they will be deemed to constitute a single claim. Importantly, these provisions typically provide that those “claims” are then deemed to have been “first made” at the time the first claim or act was committed for purposes of the policy’s claims-made and reporting requirements. Understandably, these provisions provide insurers and insureds with some clarity over the number and timing of claims that could involve multiple errors or omissions, and potentially aggregate all related claims or acts into a single policy period. While reasonable in principle, application of such provisions, especially involving large scale design and construction projects, is not always so easy. Nova Southeastern University, Inc. v. Continental Cas. Co., 18-cv-61842 (S.D. Fla. Dec. 27, 2019), involved such an insurance coverage dispute with a design project gone wrong. DeRose Design Consultants, Inc. (“DeRose”) was hired as a structural engineer to design “ice tanks” to store and chill water for an energy efficient air conditioning facility constructed on the campus of Nova Southeastern University (“NSU”). An early water test on one of the tanks determined the walls of the ice tank deflected, leaked, and cracked when the tank was filled with water. DeRose later discovered that the problems with the ice tank were caused by a structural design error. The first errors were discovered in early 2009, and reported under DeRose’s professional liability policy with Evanston. DeRose then created a remedial design to repair the tanks, which involved strengthening repairs. Additional leaking and an early indication of corrosion involving the Remedial Design arose as early as October 25, 2009. Several field investigation reports were prepared in 2011 and 2012 confirming these issues with the Remedial Design. A third report in February 2012, however, identified a new error involving the concrete slab under the ice tanks also designed by DeRose. The third report concluded that the concreate slab was overstressed and could not handle the loads of the ice tanks. The report also concluded, however, that the design defects in the concrete slab were “unrelated” to the original design defect of the ice tank walls or Remedial Design. Read the court decision
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    Reprinted courtesy of Jason Taylor, Traub Lieberman
    Mr. Taylor may be contacted at jtaylor@tlsslaw.com