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    Home Builders & Remo Assn of Fairfield Co
    Local # 0780
    433 Meadow St
    Fairfield, CT 06824

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    Local # 0740
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    Salem, CT 06420

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    Building Expert News and Information
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    Hawaii Federal District Court Again Rejects Coverage for Faulty Workmanship

    Construction Defect Class Action Lawsuit Alleges National Cover-up of Pipe Defects

    Don’t Forget to Mediate the Small Stuff

    Settlement between IOSHA and Mid-America Reached after Stage Collapse Fatalities

    A Murder in Honduras Reveals the Dark Side of Clean Energy

    Veterans Day – Thank You for Your Service

    On-Site Supersensing and the Future of Construction Automation – Discussion with Aviad Almagor

    Part I: Key Provisions of School Facility Construction & Design Contracts

    EPA Will Soon Issue the Latest Revision to the Risk Management Program (RMP) Chemical Release Rules

    Obama Says Keystone Decision May Be Announced in Weeks or Months

    San Francisco Office Secures Defense Verdict in Legal Malpractice Action

    The Three L’s of Real Estate Have New, Urgent Meaning

    Meet the Forum's Neutrals: TOM DUNN

    Is New York Heading for a Construction Defect Boom?

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    Congratulations 2022 DE, MA, NJ, NY and PA Super Lawyers and Rising Stars

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    Slow Down?

    Protecting and Perfecting Your Mechanics Lien when the Property Owner Files Bankruptcy

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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

    New World Cup Stadiums Failed at their First Trial

    March 12, 2014 —
    Problems abounded at the inaugural match at one of the new World Cup stadiums in Manaus, Brazil, reported The News Tribune. Problems also were reported at the Arena da Amazonia. Bathrooms weren’t completed, roofs leaked, and some fans were sold tickets for seats that didn’t exist. Furthermore “construction material could be seen in some places and many wheelchair fans had difficulties accessing their seats.” "This is a critical point that needs to be reevaluated, it can't happen again," said Miguel Capobiango, one of the officials in charge of World Cup preparations in Manaus, as quoted by The News Tribune. "But this is why we have these test events." Read the court decision
    Read the full story...
    Reprinted courtesy of

    Contractor to Repair Defective Stucco, Plans on Suing Subcontractor

    February 21, 2013 —
    The contractor for the Manatee County Judicial Center will be replacing the defective stucco on the building, but they have stated that they intend to go after the subcontractor who initially installed the defective stucco. The contractor, Balfour Beatty LLC, has said they will pay for the repairs, but Steve Holt, an executive of the firm said that “we have initiated a lawsuit against the subcontractor, who we believe was substantially or completely responsible to recover those funds.” Mr. Holt named Commercial Plastering as the subcontractor responsible. Read the court decision
    Read the full story...
    Reprinted courtesy of

    The Private Works: Preliminary Notice | Are You Using the Correct Form?

    August 20, 2019 —
    The Private Works – Preliminary Notice form which contractors, subcontractors and suppliers had become accustomed to using for many years changed in 2004. Despite this change in law, many in the construction industry have still not started using the correct new form. Changes in the law, championed by the American Subcontractors’ Association, gave a significant new benefit to subcontractors and suppliers by giving the subcontractor or supplier some expectation of actually receiving notice of when a Notice of Completion or a Notice of Cessation has been recorded on many private works projects. The law also changed the language of the California Preliminary Notice that subcontractors and suppliers must use to protect their mechanics’ lien, bond claim and stop payment notice rights. If Owners do not send out the Notice of Completion as required by law they incur a diminishing of the protections afforded to them when they record a Notice of Completion or Notice of Cessation on many private works projects. The revised law requires private project owners to notify all subcontractors and suppliers within 10 days after recording a Notice of Completion or Notice of Cessation that a Notice of Completion or a Notice of Cessation has actually been recorded. In order to receive such notice, the subcontractor or supplier must properly serve the new form of Preliminary Notice. If this properly occurs and the private project owner provides the required notice, then the subcontractor or supplier will have 30 days to record a Mechanics’ Lien. However, if an owner under such circumstances fails to properly notify a subcontractor or supplier within 10 days after recording a Notice of Completion or Notice of Cessation, then the Subcontractor or supplier will have 90 days to record a Mechanics’ Lien. The details of the law can be found in California Civil Code sections 8190, 8414 and 8416. Read the court decision
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    Reprinted courtesy of William L. Porter, Esq., Porter Law Group
    Mr. Porter may be contacted at bporter@porterlaw.com

    9th Circuit Plumbs Through the Federal and State False Claims Acts

    January 16, 2024 —
    You may have heard of the False Claims Act and know that it penalizes companies and individuals in contract with the government who present false claims. The federal False Claims Act was signed into law by President Abraham Lincoln in 1863 to penalize profiteers during the Civil War who were selling the Union Army moth eaten blankets, boxes of sawdust instead of guns, and sometimes re-selling the Army calvary horses several times over. Since then, many states, including California, as well as municipalities, have enacted their own false claim statutes. As currently written, the federal False Claims Act provides for statutory penalties against any person who:
    1. “[K]nowingly presents, or causes to be presented, a false or fraudulent claim for payment or approval”;
    2. “[K]nowingly makes, uses or causes to be made or used, a false record or statement material to a false or fraudulent claim”;
    3. “[H]as possession, custody, or control of property or money used, or to be used, by the Government an knowingly delivers, or causes to be delivered, less than all of that money or property”;
    Read the court decision
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    Reprinted courtesy of Garret Murai, Nomos LLP
    Mr. Murai may be contacted at gmurai@nomosllp.com

    Consultant Says It's Time to Overhaul Construction Defect Laws in Nevada

    February 07, 2013 —
    Randi Thompson, a Republican political and media consultant, told the Reno Gazette-Journal what she wished Governor Brian Sandoval had said during his recent State of the State address in Nevada. Construction defect litigation was one of the issues that Ms. Thompson said that Governor Sandoval should have addressed. Thompson said that the governor "should have said it's time to get rid of Nevada's horrid construction defect laws." Ms. Thompson said that "these laws extort money from small business subcontractors who likely had nothing whatsoever do to with any real or perceived defect." She attributed the ongoing construction defect scandal in Las Vegas to "bad law." Ms. Thompson said that these issues are unlikely to be addressed, because "the Democrats control both houses in the Legislature" and the issues are "sacred cows to the Democrats' constituents." Read the court decision
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    Reprinted courtesy of

    Prevailing Parties Entitled to Contractual Attorneys’ Fees Under California CCP §1717 Notwithstanding Declaration That Contract is Void Under California Government Code §1090

    December 20, 2017 —
    In California-American Water Co. v. Marina Coast Water District (Nos. A146166, 146405, filed 12/15/17), the First District Court of Appeal held that a prevailing party was entitled to an award of contractual attorneys’ fees under Code of Civil Procedure §1717 even though the underlying contracts were declared void under Government Code §1090. Appellant Marina Coast Water District (“Marina”) and Respondent Monterey County Water Resources Agency (“Monterey”), both public water agencies, and Respondent California-American Water Company (“California-American”), a water utility, entered into several contracts to collaborate on a water desalination project. The parties agreed that the prevailing party of any action in any way arising from their agreements would be entitled to an award of attorneys’ fees. Reprinted courtesy of Zachary Price, Haight Brown & Bonesteel LLP and Lawrence Zucker, Haight Brown & Bonesteel LLP Mr. Price may be contacted at zprice@hbblaw.com Mr. Zucker may be contacted at lzucker@hbblaw.com Read the court decision
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    Reprinted courtesy of

    Protect Your Right To Payment By Following Nedd

    August 03, 2022 —
    In order to preserve your right to payment, you must satisfy the contractual requirements supporting a change order for the increased costs or time due to the delay. The key to the successful presentation of change order claims is educating your team on the following: 1. NOTICE
    • Review the change order and notice provisions of your contracts. Make your contract searchable and insert the term “Noti” and look for the items listed below.
    • Who: Check the designated representative for notice.
      • It may not be the project manager.
      • Confirm who can authorize the change order.
        • Is owner approval required?
        • Ensure that the party approving the change order has authority to do so.
    • What: Check for specific information required by the contract.
      • Provide ALL information available.
      • If certain information is not yet available, state that the information will be provided when available.
      • Reserve all rights to amend and submit additional information.
      • Request both an increase to the Contract Sum and Contract Time.
        • Make the request even if you do not believe the delay or time necessary will cause a significant impact.
    Read the court decision
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    Reprinted courtesy of Denise Motta, Gordon Rees Scully Mansukhani, LLP
    Ms. Motta may be contacted at dmotta@grsm.com

    School System Settles Design Defect Suit for $5.2Million

    October 01, 2013 —
    A school district in New York State has settled a dispute with its architectural and engineering firm for $5.2 million. Greece School District alleged that the multi-million dollar remodel lead to a variety of problems due to design defects. The problems included leaking roofs, malfunctioning drainage systems, and problems with heating systems. Tetra Tech had one work at 20 schools in the district. The state Comptroller audited the $119.5 million renovation project and concluded that haste in the planning resulted in costly changes. Prior to the lawsuit, the architectural and engineering firm managed to recoup about $200,000 on behalf of the school district for work that was defective. Read the court decision
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    Reprinted courtesy of