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    The Montrose Language Interpreted: How Many Policies Are Implicated By A Construction Defect That Later Causes a Flood?

    Virginia Joins California and Nevada in Passing its Consumer Privacy Act

    Court Reminds Insurer that the Mere Possibility Of Coverage at the Time of Tender Triggers a Duty to Defend in a Defect Action

    Rhode Island Affirms The Principle That Sureties Must be Provided Notice of Default Before They Can be Held Liable for Principal’s Default

    Safety Guidance for the Prevention of the Coronavirus on Construction Sites

    Rise in Single-Family Construction Anticipated in Michigan

    The 2021 Top 50 Construction Law Firms™

    Dispute Over Exhaustion of Primary Policy

    “Time Is Money!” In Construction and This Is Why There Is a Liquidated Damages Provision

    New Jersey’s Proposed Construction Defect Law May Not Cover Everything

    Michigan Claims Engineers’ Errors Prolonged Corrosion

    Named Insured’s Liability Found Irrelevant to Additional Insured’s Coverage Under a Landlords and Lessors Additional Insured Endorsement

    Arctic Roads and Runways Face the Prospect of Rapid Decline

    Three Recent Cases Strike Down Liquidated Damages Clauses In Settlement Agreements…A Trend Or An Aberration?

    Lien Attaches To Landlord’s Interest When Landlord Is Party To Tenant Improvement Construction Contract

    Not All Work is Covered Under the Federal Miller Act

    Safety, Technology Combine to Change the Construction Conversation

    SEC Recommendations to Protect Against Cybersecurity Threats

    A Court-Side Seat: Clean Air, Clean Water, Endangered Species and Deliberative Process Privilege

    Energy Company Covered for Business Interruption Losses Caused by Fire and Resulting in Town-Ordered Shutdown

    Construction Defects could become Issue in Governor’s Race

    Contractor Sentenced to 7 Years for “Hail Damage” Fraud

    Construction in Indian Country – What You Need To Know About Sovereign Immunity

    Morrison Bridge Allegedly Crumbling

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    Homeowner Who Wins Case Against Swimming Pool Contractor Gets a Splash of Cold Water When it Comes to Attorneys’ Fees

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    Insurer Must Defend General Contractor

    New York Appellate Division: Second Department Contradicts First Department, Denying Insurer's Recoupment of Defense Costs for Uncovered Claims

    Recent Bad Faith Decisions in Florida Raise Concerns

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    LAX Construction Defect Suit May Run into Statute of Limitations

    North Dakota Court Determines Inadvertent Faulty Workmanship is an "Occurrence"

    California Builders’ Right To Repair Is Alive

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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. 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

    School Blown Down by Wind Still Set to Open on Schedule

    November 06, 2013 —
    The framing was going up for a new elementary school in Pasco, Ohio, when winds of about 60 miles per hour ripped the area. The winds brought down part of the structure. School district officials met with the contractor, Fowler Construction. John Morgan, the assistant director of operations for the Pasco School District, said that they did not “anticipate any delay in the opening of the new school.” Groundbreaking at the school happened in June and the school is scheduled to be open in the fall. The damage had not yet been determined. Read the court decision
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    Reprinted courtesy of

    South Dakota Supreme Court Holds That Faulty Workmanship Constitutes an “Occurrence”

    September 14, 2017 —
    The South Dakota Supreme Court recently determined that damage resulting from a subcontractor’s failure to test soil compaction before constructing a home constituted an “accident” and was therefore an “occurrence” under a commercial general liability (CGL) policy. In Owners Ins. Co. v. Tibke Construction, Inc., the homeowners hired Tibke Construction, Inc. to build a new house, and Tibke Construction hired subcontractor Jerry’s Excavating to perform excavation work. The homeowners contended that Jerry’s Excavating failed to do soil compaction testing before commencing construction, which resulted in the home being built on highly expansive soils, leading to damage including excessive settlement, cracking and structural unsoundness. Read the court decision
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    Reprinted courtesy of Samantha Martino, Saxe Doernberger & Vita, P.C.
    Ms. Martino may be contacted at smm@sdvlaw.com

    Staying the Course, Texas Supreme Court Rejects Insurer’s Argument for Exception to Eight-Corners Rule in Determining Duty to Defend

    April 27, 2020 —
    In responding to a certified question from the Fifth Circuit in Richards v. State Farm Lloyds, the Texas Supreme Court held that the “policy-language exception” to the eight-corners rule articulated by the federal district court is not a permissible exception under Texas law. See Richards v. State Farm Lloyds, 19-0802, 2020 WL 1313782, at *1 (Tex. Mar. 20, 2020). The eight-corners rule generally provides that Texas courts may only consider the four corners of the petition and the four corners of the applicable insurance policy when determining whether a duty to defend exists. State Farm argued that a “policy-language exception” prevents application of the eight-corners rule unless the insurance policy explicitly requires the insurer to defend “all actions against its insured no matter if the allegations of the suit are groundless, false or fraudulent,” relying on B. Hall Contracting Inc. v. Evanston Ins. Co., 447 F. Supp. 2d 634, 645 (N.D. Tex. 2006). The Texas Supreme Court rejected the insurer’s argument, citing Texas’ long history of applying the eight-corners rule without regard for the presence or absence of a “groundless-claims” clause. The underlying dispute in Richards concerned whether State Farm must defend its insureds, Janet and Melvin Richards, against claims of negligent failure to supervise and instruct after their 10-year old grandson died in an ATV accident. The Richardses asked State Farm to provide a defense to the lawsuit by their grandson’s mother and, if necessary, to indemnify them against any damages. To support its argument that no coverage under the policy existed, and in turn, it had no duty to defend, State Farm relied on: (1) a police report to prove the location of the accident occurred off the insured property; and (2) a court order detailing the custody arrangement of the deceased child to prove the child was an insured under the policy. The federal district court held that the eight-corners rule did not apply, and thus extrinsic evidence could be considered regarding the duty to defend, because the policy did not contain a statement that the insurer would defend “groundless, false, or fraudulent” claims. In light of the extrinsic police report and extrinsic custody order, the district court granted summary judgment to State Farm. Reprinted courtesy of Hunton Andrews Kurth attorneys John C. Eichman, Sergio F. Oehninger, Grayson L. Linyard and Leah B. Nommensen Mr. Oehninger may be contacted at soehninger@HuntonAK.com Mr. Linyard may be contacted at glinyard@HuntonAK.com Ms. Nommensen may be contacted at leahnommensen@HuntonAK.com Read the court decision
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    Reprinted courtesy of

    Aurora Joins other Colorado Cities by Adding a Construction Defect Ordinance

    September 03, 2015 —
    According to the Aurora Sentinel, the city council of Aurora, Colorado, approved an ordinance targeted at making it more difficult for homeowners to sue builders over construction defect claims. Similar to other recent Colorado city construction defect measures, “the new rule gives builders the right to repair defects before the litigation is pursued, requires that the majority of home owners in a home owners association – as opposed to just a majority of HOA board members – approve of any lawsuits, and allows builders to offer monetary settlements to homeowners in lieu of repairs.” Read the court decision
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    Reprinted courtesy of

    TxDOT: Flatiron/Dragados Faces Default Over Bridge Design Issues

    September 12, 2022 —
    Texas officials are threatening to replace the contractor building a $930-million bridge crossing the Corpus Christi Ship Channel, alleging the firm has failed to address previously identified safety concerns with the design. In response, the contractor says the state has delayed sharing key engineering information and insists the design is safe. Reprinted courtesy of James Leggate, Engineering News-Record Mr. Leggate may be contacted at leggatej@enr.com Read the full story... Read the court decision
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    Reprinted courtesy of

    Coverage Rejected Under Owned Property and Alienated Property Exclusions

    June 06, 2011 —

    The insured’s request for a defense when sued in a construction defect action was denied under the owned property exclusion and the alienated property exclusion in1777 Lafayette Partners v. Golden Gate Ins. Co., 2011 U.S. Dist. LEXIS 48562 (N.D. Cal. April 29, 2011).

    In 1999, Lafayette Partners purchased an abandoned walnut processing factory to convert into living and working units. The property was developed into a rental property from 2000-2001, and thereafter rented. In May 2003, Lafayette Partners entered into a sales agreement with Wolff Enterprises LLC. The sale closed in February 2005. Wolff then converted the rental units into condominiums.

    In December 2007, the Walnut Factory Owners Association sued Wolff for construction defects. In Lafayette Partners was added to the suit in 2009. The suit alleged a variety of defective conditions, including the roofs, exteriors, windows, electrical , plumbing, and mechanical components and systems.

    Read the full story…

    Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii. Mr. Eyerly can be contacted at te@hawaiilawyer.com

    Read the court decision
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    Reprinted courtesy of

    Fargo Shows Record Home Building

    October 01, 2013 —
    Home builders in the area of Fargo, North Dakota are describing growth in the area as “enormous.” Darrick Guthmiller, the president of the Home Builders Association of Fargo-Moorhead noted that in sixteen years of building homes, this was the best he’d seen. The Home Builders Association expects that next year might even be better. Read the court decision
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    Reprinted courtesy of

    The Simple Reason Millennials Aren't Moving Out Of Their Parents' Homes: They're Crushed By Debt

    February 26, 2015 —
    Millennials are not budging from their parents' basements, even though the job market is on the mend. One really big reason? Student loans. Last year, the rate of 25- to 34-year-olds living at home rose to 17.7 percent among men and 11.7 percent for women, Census data showed last week. That is a record high for both genders. Rising co-residence rates are correlated more closely with student debt than with factors like economic conditions and the housing market, according to a staff report in November from the Federal Reserve Bank of New York. The regional bank wrote about the trend today in its blog called "Liberty Street Economics." Read the court decision
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    Reprinted courtesy of Nina Glinski, Bloomberg