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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


    U.S. Supreme Court Oral Arguments: Maritime Charters and the Specter of a New Permitting Regime

    Federal Judge Refuses to Limit Coverage and Moves Forward with Policyholder’s Claims Against Insurer and Broker

    Happy Thanksgiving from CDJ

    Wilke Fleury Secures Bid Protest Denial

    An Additional Insured’s Reasonable Expectations may be Different from the Named Insured’s and Must be Considered to Determine whether the Additional Insured is Entitled to Defense from the Insurer of a Commercial Excess & Umbrella Liability Policy

    Eleven Payne & Fears Attorneys Honored by Best Lawyers

    No Bad Faith in Insurer's Denial of Collapse Claim

    Engineer and CNA Dispute Claim Over Dual 2014 Bridge Failures

    Congratulations Bryan Stofferahn, August Hotchkin, and Eileen Gaisford on Their Promotion to Partner!

    Gillotti v. Stewart (2017) 2017 WL 1488711 Rejects Liberty Mutual, Holding Once Again that the Right to Repair Act is the Exclusive Remedy for Construction Defect Claims

    So You Want to Arbitrate? Better Make Sure Your Contract Covers All Bases

    Third Circuit Follows Pennsylvania Law - Damage Caused by Faulty Workmanship Does Not Arise from an Occurrence

    California Superior Court Overrules Insurer's Demurrer on COVID-19 Claim

    Bally's Secures Funding for $1.7B Chicago Casino and Hotel Project

    Harvey's Aftermath Will Rattle Construction Supply Chain, Economists Say

    Freight Train Carrying Hot Asphalt, Molten Sulfur Plunges Into Yellowstone River as Bridge Fails

    Construction Law Alert: Unlicensed Contractors On Federal Projects Entitled To Payment Under The Miller Act

    Expired Contract Not Revived Due to Sovereign Immunity and the Ex Contractu Clause

    Pinnacle Controls in Verano

    Wisconsin Supreme Court Holds Fire Damage Resulted from Single Occurrence

    Remodel Gets Pricey for Town

    Ohio: Are Construction Defects Covered in Insurance Policies?

    Virtual Jury Trials of Construction Disputes: The Necessary Union of Both Sides of the Brain

    Modern Tools Are Key to Future-Proofing the Construction Industry

    Google Advances Green Goal With AES Deal for Carbon-Free Power

    State Farm Too Quick To Deny Coverage, Court Rules

    Colorado Statutes of Limitations and Repose, A First Step in Construction Defect Litigation

    ABC Announces Disaster Relief Efforts and Resources Following Hurricane Milton

    An Insurance Policy Isn’t Ambiguous Just Because You Want It to Be

    Insurer Sued for Altering Policies after Claim

    Liquidated Damages: Too High and It’s a Penalty. Too Low and You’re Out of Luck.

    Heathrow Speeds New-Runway Spending Before Construction Approval

    Real Estate & Construction News Round-Up 04/13/22

    2017 Susan G. Komen Race for the Cure

    “Freelance Isn’t Free” New Regulations Adopted in New York City Requiring Written Contracts with Independent Contractors

    Maui Wildfire Cleanup Could Cost $1B and Take One Year

    No Global MDL for COVID Business Interruption Claims, but Panel Will Consider Separate Consolidated Proceedings for Lloyds, Cincinnati, Hartford, Society

    The Pandemic, Proposed Federal Privacy Regulation and the CCPA

    Hawaii Federal District Court Compels Appraisal

    Beware of Statutory Limits on Change Orders

    Sometimes You Just Need to Call it a Day: Court Finds That Contractor Not Entitled to Recover Costs After Public Works Contract is Invalidated

    Government Claims Act Does Not Apply to Actions Solely Seeking Declaratory Relief and Not Monetary Relief

    Update Coverage for Construction Defect Claims in Colorado

    Alabama Supreme Court Reverses Determination of Coverage for Faulty Workmanship

    No Prejudicial Error in Refusing to Give Jury Instruction on Predominant Cause

    Contractor Removed from Site for Lack of Insurance

    Athens, Ohio, Sues to Recover Nearly $722,000 After Cyber Attack

    Los Angeles Considering Census of Seismically Unstable Buildings

    Boston Building Boom Seems Sustainable

    California Enacts New Claims Resolution Process for Public Works Projects
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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. 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

    A Chicago Skyscraper Cements the Legacy of a Visionary Postmodern Architect

    December 31, 2024 —
    A handsome and eclectic stretch of buildings along Michigan Avenue known as “Chicago’s Front Door” offers a view that reflects the city’s status as a destination for serious architecture. Louis Sullivan and Dankmar Adler’s Auditorium Building, where a young Frank Lloyd Wright designed interiors, is right there on Grant Park; so is Daniel Burnham’s Railway Exchange, where he drew up the 1909 Plan of Chicago. Now a glass-and-aluminum apartment tower anchors the southern end of this scene, filling in a rare gap within this landmarked streetwall and putting a bow on the career of another heroic figure in Chicago’s architectural history: Helmut Jahn. Read the court decision
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    Reprinted courtesy of Mark Byrnes, Bloomberg

    No Coverage For Construction Defects When Complaint Alleges Contractual Damages

    September 01, 2011 —

    The underlying plaintiff’s allegations contended the contractor was in breach of contract for construction defects caused in building her home. Accordingly, the court found no coverage.See Nat’l Builders and Contractors Ins. Co. v. Slocum, 2011 U.S. Dist. LEXIS 81694 (S.D. Miss. July 26, 2011).

    Slocum Construction LLC sold a home it built to Laura Peterson. Subsequently, Peterson filed suit, alleging a breach of the contract and seeking rescission and cancellation of the contract. Peterson further alleged at least thirty-three specific defects in the construction of the house.

    Slocum tendered to its insurer, National Builders and Contractors Insurance Company (NBCI). NBCI filed suit for a declaratory judgment.

    Read the full story…

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

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    Reprinted courtesy of

    ASCE Statement on EPA Lead Pipe and Paint Action Plan

    December 27, 2021 —
    WASHINGTON, DC. – The American Society of Civil Engineers applauds the Lead Pipe and Paint Action Plan released yesterday by the Environmental Protection Agency to help communities across the country remove lead pipes out of their drinking water systems. Access to clean and safe drinking water is critical to public health and economic prosperity, and ASCE's 2021 Report Card for America's Infrastructure. gave a grade of C- for the drinking water category. It is estimated that as many as 10 million American households still have lead water pipes in use, which can put at risk the health and safety of families, particularly children. For utilities, moving forward with completing an inventory of lead service lines as part of the Lead and Copper Rule is a critical step, so we can get a better national picture of the scope of the problem. This plan will allocate nearly $3 billion from the recently passed Infrastructure Investment and Jobs Act (IIJA) to states for lead service line replacements in FY 2022 and will prioritize communities with the highest lead levels. While additional investment will be needed, it is a significant down-payment on a national shared priority of clean drinking water for all Americans. It will allow utilities of all sizes to accelerate their rate of lead pipe replacement and offer technical assistance to those communities just embarking on these types of projects. For more information about the American Society of Civil Engineers, visit www.asce.org or www.infrastructurereportcard.org and follow us on Twitter, @ASCETweets and @ASCEGovRel. Read the court decision
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    Reprinted courtesy of

    Mega-Consulate Ties U.S. to Convicted Billionaire in Nigeria

    May 30, 2022 —
    On March 31, billionaire Gilbert Chagoury stood atop the plot of land he’d dredged from the sea around Lagos, beaming in the sweltering heat alongside U.S. Consul-General to Nigeria Claire Pierangelo, as they broke ground for America’s largest consulate in the world. As a cool spring rain fell on Washington that day, Republican Congressman Jeff Fortenberry, of Nebraska, resigned from the House of Representatives after a conviction announced a week earlier. His crime: lying to the Federal Bureau of Investigation about illegal campaign contributions he’d received from Chagoury. The pageantry in Lagos obscured the uncomfortable fact that by placing its $537 million consulate on Chagoury’s Eko Atlantic development, the U.S. government was becoming the anchor tenant for a project run by a man who was once convicted of laundering money for a Nigerian dictator and who’s admitted to making illegal campaign contributions in the U.S. Ethics groups and Nigeria experts aren’t pleased with the choice. Reprinted courtesy of Neil Munshi, Bloomberg and William Clowes, Bloomberg Read the court decision
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    Reprinted courtesy of

    David M. McLain named Law Week Colorado’s 2015 Barrister’s Best Construction Defects Lawyer for Defendants

    September 17, 2015 —
    It is my sincere pleasure to announce Law Week Colorado named my friend and partner, Dave McLain, as the 2015 Barrister’s Best Construction Defects Lawyer for Defendants. Law Week Colorado’s summary of David’s accomplishments includes the following recognition:
    David McLain has set himself apart in the heated area of construction defects litigation as a founding member of his firm and as a member of several associations that serve developers. As one of the most connected and most vocal members of this area of law, we certainly know whom to go to when the construction defects issue inevitably bubbles up again.
    I can say with pride and certainty, that there is no one more deserving of such recognition in the legal and construction community than David. I have had the honor of working side by side with David since he began practicing law. Together, fourteen years ago, we founded Higgins, Hopkins, McLain & Roswell, LLC with a vision of serving the construction industry at the highest level. Our firm’s Mission Statement states that “HHMR exists to embody and exemplify the principles of service and stewardship. In everything we do, we focus on serving our clients selflessly and to the best of our ability.” David lives our values each and every day. Read the court decision
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    Reprinted courtesy of Sheri Roswell, Higgins, Hopkins, McLain & Roswell, LLC
    Ms. Roswell may be contacted at roswell@hhmrlaw.com

    Collapse Claim Fails Due To Defectively Designed Roof and Deck

    May 28, 2024 —
    The insured's claim for collapse of his roof and deck failed due to defective design and other exclusions under the policy. Dudar v. State Farm & Cas. Co., 2024 U.S. Dist. LEXIS 52706 (N.D. Ga. Feb. 6, 2024). The insured submitted a claim to State Farm for damage to the roof ("Roof Claim"). State Farm's adjuster placed a ladder on the deck to access the roof and a portion of the deck collapsed. The insured then reported a claim to State Farm for damage to the deck ("Deck Claim"). The claims were denied and suit was filed. The roof had leaked on several occasions prior to submission of the Roof Claim. On February 25, 2022, the insured discovered that a branch had cut a hole in the tarp, causing water to leak into the home. The insured performed repairs on the roof. On March 8, 2022, a storm caused more water to seep through the tarp into the ceilings and walls. Thereafter, the Roof Claim was submitted. The damage from the leaking roof and the deck collapse were caused by rotting. The rotting, in turn, was caused by a combination of defective building design and resulting water damage from rain and storms over the years. The roof and deck were constructed to provide mutual support to one another. The roof did not contain an adequate slope, which caused water to seep down into the walls and flooring rather than to flow downward and away from the property. Over time, penetrating water caused portions of the roof, the floor, and the supporting wall between the roof and deck to rot. 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

    How Tech Is Transforming the Construction Industry in 2019

    July 08, 2019 —
    The immediate applications and benefits of Industrial Internet of Things technologies are obvious in industries like manufacturing and computing, but these digital transformation technologies may not be top of mind for construction managers. It’s time for that mindset to change. Worldwide spending on IIoT is expected to reach nearly $2 trillion in 2022, proving that these technologies hold a significant amount of value to the industries using them. That rings especially true in construction, where IIoT stands to bolster an already significant commitment to safety and communication. Construction managers should keep these technologies firmly on the radar when making investments in 2019. Smart equipment With sensors and radio-frequency identification (RFID) tags, even legacy construction equipment can become part of a construction company’s IIoT fleet. The data collected from these machines provides construction managers with a wealth of knowledge around downtime, safety, labor, efficiency and more. Additionally, the next era of smart construction equipment will feature more autonomous vehicles and automatic equipment shutdown, both of which promote worker safety. Autonomous vehicles, which self-correct based on feedback and environmental factors, also free up human engineers to move from maintenance tasks into more complex roles that leverage the feedback data reported by IIoT machinery. Reprinted courtesy of Ginger Butz, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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    Ms. Butz may be contacted at info@moreycorp.com

    Pennsylvania Commonwealth Court Holds that Nearly All Project Labor Agreements are Illegal

    February 18, 2019 —
    In what is nothing short of a monumental decision, on January 11, 2019, the Pennsylvania Commonwealth Court in Allan Myers L.P. v. Department of Transportation ruled that nearly all project labor agreements in Pennsylvania are illegal under the Commonwealth’s procurement code. What are Project Labor Agreements? In short, Project Labor Agreements (PLAs) are pre-hire agreements that set the working conditions for all employees of contractors working on a construction project. Typically, a PLA is entered into between an public or private construction project owner and certain local building trade unions. PLAs require the use of union labor that is to be hired exclusively through the hiring halls of the unions who are parties to the PLA. PLAs are controversial because, among other reasons, while not expressly excluding non-union contractors from performing work on the project, they require non-union firms to use union members instead of their regular employees. Read the court decision
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    Reprinted courtesy of Wally Zimolong, Zimolong LLC
    Mr. Zimolong may be contacted at wally@zimolonglaw.com