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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

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    Local # 0740
    20 Hartford Rd Suite 18
    Salem, CT 06420

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    Local # 0720
    2189 Silas Deane Highway
    Rocky Hill, CT 06067

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    Local # 0755
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    Rocky Hill, CT 06067

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    Local # 0710
    110 Brook St
    Torrington, CT 06790

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    Bloomfield, CT 06002

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    Building Expert News and Information
    For Fairfield Connecticut


    Court Extends Insurer Rights to Equitable Contribution

    California Insurance Commissioner Lacks Authority to Regulate Formula for Estimating Replacement Cost Value

    Construction Defect Lawsuits May Follow Hawaii Condo Boom

    Waive Not, Want Not: Waivers and Releases on California Construction Projects

    President Trump Repeals Contractor “Blacklisting” Rule

    Legislative Update: Bid Protest Law Changes to Benefit Contractors

    Homeowner's Mold Claim Denied Due to Spoilation

    Insurers Get “Floored” by Court of Appeals Regarding the Presumptive Measure of Damages in Consent Judgments

    Axa Buys London Pinnacle Site for Redesigned Skyscraper

    Legal Risks of Green Building

    Corps, State Agencies Prep for Flood Risks From California Snowmelt Runoff

    NTSB Faults Maintenance, Inspection Oversight for Fern Hollow Bridge Collapse

    U.S. Construction Value Flat at End of Summer

    Have the Feds Taken Over Arbitration?

    Exploring Architects’ Perspectives on AI: A Survey of Fears and Hopes

    Paris ‘Locks of Love’ Overload Bridges, Threatening Structures

    Congratulations to Nine Gibbs Giden Partners Selected to the 2023 Southern California Super Lawyers List

    Flood Coverage Denied Based on Failure to Submit Proof of Loss

    Funding the Self-Insured Retention (SIR)

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

    On the Ten Year Anniversary of the JOBS Act A Look-Back at the Development of Crowdfunding

    Contractor Liable for Soils Settlement in Construction Defect Suit

    COVID-19 Damages and Time Recovery: Contract Checklist and Analysis

    Coping with Labor & Install Issues in Green Building

    Insurer Prevails on Summary Judgment for Bad Faith Claim

    Construction Worker Dies after Building Collapse

    Tighter Requirements and a New Penalty for Owners of Vacant or Abandoned Storefronts in San Francisco

    But Wait There’s More: Preserving Claims on Commonwealth Projects

    Property Damage Caused By Construction Next Door Covered as Ensuing Loss

    U.S. Supreme Court Limits the Powers of the Nation’s Bankruptcy Courts

    Hong Kong Buyers Queue for New Homes After Prices Plunge

    Is Ohio’s Buckeye Lake Dam Safe?

    Real Estate & Construction News Roundup (5/1/24) – IMF’s Data on Housing, REITs Versus Private Real Estate, and Suburban Versus Urban Office Property Market

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

    Standard Lifetime Shingle Warranties Aren’t Forever

    Florida Extends Filing Time for Claims Subject to the Statute of Repose

    Failure to Consider Safety Element in Design Does Not Preclude Public Entity’s Discretionary Authority Under Design Immunity Defense

    Insured's Failure to Prove Entire Collapse of Building Leads to Dismissal

    Companies Move to Houston Area and Spur Home Building

    Consider Arbitration Provision in Homebuilder’s Warranty and Purchase-and-Sale Agreement

    Obtaining Temporary Injunction to Enforce Non-Compete Agreement

    Residential Construction Surges in Durham

    25 Years of West Coast Casualty’s Construction Defect Seminar

    BWB&O Partner Jack Briscoe and Associate Anoushe Marandjian Win Summary Judgment Motion on Behalf of Homeowner Client!

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    Viewpoint: A New Approach to Job Site Safety Reaps Benefits

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    Economic Loss Doctrine Bars Negligence Claim Against Building Company Owner, Individually

    In Review: SCOTUS Environmental and Administrative Decisions in the 2020 Term
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    FAIRFIELD CONNECTICUT BUILDING EXPERT
    DIRECTORY AND CAPABILITIES

    Leveraging from more than 7,000 construction defect and claims related expert witness designations, the Fairfield, Connecticut Building Expert Group provides a wide range of trial support and consulting services to Fairfield's most acknowledged construction practice groups, CGL carriers, builders, owners, and public agencies. Drawing from a diverse pool of construction and design professionals, BHA is able to simultaneously analyze complex claims from the perspective of design, engineering, cost, or standard of care.

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    Fairfield, Connecticut

    Georgia Super Lawyers Recognized Two Lawyers from Hunton’s Insurance Recovery Group

    March 06, 2023 —
    Hunton insurance recovery group partner Larry Bracken and associate Rachel Hudgins were each recognized in Georgia Super Lawyers 2023’s most recent publication. Larry Bracken was recognized as a Super Lawyer, and Rachel Hudgins was selected as a Rising Star for Insurance Coverage. Super Lawyers, a subsidiary of Thomson Reuters, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The patented selection process includes independent research, peer nominations and peer evaluations. Ultimately, no more than 5% of lawyers in a state are selected as Super Lawyers, and less than 2.5% are recognized as Rising Stars. Congratulations to Larry and Rachel on this achievement! Read the court decision
    Read the full story...
    Reprinted courtesy of Hunton Andrews Kurth LLP

    Unpredictable Power Surges Threaten US Grid — And Your Home

    April 08, 2024 —
    Paul LeBlanc was barefoot when he stepped outside that morning. He was taking the trash out when he saw the red glow of flames engulfing a nearby home. A former firefighter, LeBlanc grabbed his shoes before racing across the street. He smashed a window, then rushed inside. The only person believed to be home was a teenage boy who had already escaped, luckily with just minor burns. Alarms blared “fire” loudly, again and again, blasting from homes through the area. “I’ve been in buildings without protection before — I just wanted to make sure no one was stuck in there,” said LeBlanc, who spent more than three decades as a firefighter before retiring. The damage to the Alonge family’s four-bedroom home built in the early 1800s was so bad they haven’t been able to return since the blaze in June. The source of the conflagration in Waltham, Massachusetts, came from a facility about 2 miles west of the home. An electric substation, which had been dealing with a rodent infestation, had a sudden, unstable surge in voltage. Read the court decision
    Read the full story...
    Reprinted courtesy of Naureen S Malik, Bloomberg

    Know What’s Under Ground and Make Smarter Planning Decisions

    July 29, 2019 —
    A Finnish experimentation project developed a framework for classifying ground conditions for building and infrastructure construction. It will help anticipate the future cost of foundation laying during the early stages of city planning. The ground conditions of an area can have a substantial effect on the costs and the environmental impacts of constructing buildings and infrastructure. At early stage, urban designers don’t typically have enough data to make smart decisions about zoning in that respect as obtaining that data is time-consuming and hence also costly. Consequently, an experimentation project called MAKU-digi: Making the costs of land use visible devised a method for automating the analysis of ground conditions. I had the pleasure of interviewing Juha Liukas, Lead Advisor at Sitowise, and Hilkka Kallio, Geologist at Geological Survey of Finland (GTK), about the project. Read the court decision
    Read the full story...
    Reprinted courtesy of Aarni Heiskanen, AEC Business
    Mr. Heiskanen may be contacted at aec-business@aepartners.fi

    Fraud and Construction Contracts- Like Oil and Water?

    December 31, 2014 —
    We have discussed the interaction of fraud and breach of contract actions on occasion here at Construction Law Musings. In most cases the two do not mix. Between the economic loss rule and the general desire of Virginia courts to keep contract actions and tort actions separate, most of the time it is impossible to make a fraud action relating to a contract stick in a construction context. The Virginia Supreme Court recently confirmed this fraud/contract distinction. As discussed in the Virginia Real Estate Land Use & Construction Law blog (Thanks Heidi!), Station No. 2, LLC v. Lynch, et. al. strongly re-states the Virginia courts’ strong reluctance to allow a breach of contract turn into a claim for fraud. Without re-iterating the great discussion of the facts of the case found in the post by Heidi Meizner, suffice it to say that certain contractual promises between and among the parties were not fulfilled much to Station 2, LLC’s detriment. Read the court decision
    Read the full story...
    Reprinted courtesy of Christopher G. Hill, Law Office of Christopher G. Hill, PC
    Mr. Hill may be contacted at chrisghill@constructionlawva.com

    Car Crashes Through Restaurant Window. Result: Lesson in the History of Additional Insured Coverage

    December 29, 2020 —
    Back in the day, additional insureds were oftentimes afforded coverage for liability “arising out of” the named insured’s work for the additional insured. When confronted with such language, courts often concluded that it dictated “but for” causation. In other words, but for the named insured doing the work for the additional insured, the additional insured would not be in the liability-facing situation that it is in. The result in some cases: additional insureds were entitled to coverage for their sole negligence. Decisions reaching such a conclusion were generally not well-received by insurers. This was especially so when you consider that the premium received by insurers, for the AI coverage, may not have been enough to buy a package of Twizzlers. Insurer frustration with such decisions -- which insurers did not believe expressed the intent of additional insured coverage -- led ISO to make revisions to additional insured forms in 2004 (later revisions followed). At the heart of these revisions was an attempt to require fault on the part of the named insured before coverage could be afforded to the additional insured. (This is a very brief and simple history of this complex issue.) Read the court decision
    Read the full story...
    Reprinted courtesy of Randy J. Maniloff, White and Williams LLP
    Mr. Maniloff may be contacted at maniloffr@whiteandwilliams.com

    Windows and Lawsuits Fly at W Hotel

    July 05, 2011 —

    An Austin, Texas lawyer has filed a lawsuit against Starwood Hotels and Resorts, the operator of the W Hotel Austin, after two people were struck by glass which fell from the hotel’s balconies. YNN in Austin reports that the hotel has been closed indefinitely as construction workers removed panels. An additional three panels fell before work started. Randy Howry, the lawyer representing the injured parties, notes that in May glass falling from the W Hotel in Atlanta killed one woman and injured another. “Seventeen days pass and we put them on notice, our clients have put them on notice, yet nothing has been done an only after the glass fell yesterday did they do something about it,” YNN quotes Howry.

    The hotel released a statement that they will be replacing all of the balcony glass to ensure safety for their guests and the general public. They relocated all hotel guests and coordinated with Austin officials to close adjacent sidewalks and roads. The statement identifies the firms involved with the design and construction of the balconies.

    Read the full story …

    Read the court decision
    Read the full story...
    Reprinted courtesy of

    Drones Used Despite Uncertain Legal Consequences

    March 12, 2015 —
    Francis Manchisi of Wilson Elser discussed how several industries—including construction—are using unmanned aircraft systems or unmanned aerial vehicles, commonly referred to as drones, and are either exploiting legal loopholes or ignoring laws altogether. The Federal Aviation Administration (FAA) has recently released a Notice of Proposed Rulemaking, which is now in a 60-day “notice and comment” period that is open to the public. Once that period ends, the FAA will consider the comments before putting the rules into law. According to Manchisi, the proposed rules include:
    • Unmanned aircraft must weigh less than 55 lbs. (25 kg).
    • Unmanned aircraft must remain within visual line of sight (VLOS) of the operator or visual observer.
    • Maximum altitude is 500 feet above ground level.
    • Preflight inspection by the operator is required.
    • Operators are required to obtain an unmanned aircraft operator certificate with a sUAS rating from the FAA.
    Read the court decision
    Read the full story...
    Reprinted courtesy of

    Ethical Limits on Preparing a Witness for Deposition or Trial

    October 28, 2024 —
    In this week’s blog post, we are going to take a brief look at ethical issues associated with preparing a witness for a deposition or to testify at trial. Most attorneys would agree that it is permissible to meet with a witness before the witness’s deposition to discuss what to expect. On the other hand, there is no question that advising a witness to provide false testimony would be improper. But what about the area in between those two extremes? For instance, can an attorney suggest to a witness how to phrase answers to anticipated questions that, while true, might not be the way the witness would have answered the question absent the attorney’s coaching? A little over a year ago, the American Bar Association Standing Committee on Ethics and Professional Responsibility issued ABA Formal Opinion 508: The Ethics of Witness Preparation. The opinion provides certain examples of things that are and are not permissible in preparing a witness for a deposition or trial. Read the court decision
    Read the full story...
    Reprinted courtesy of Stu Richeson, Phelps
    Mr. Richeson may be contacted at stuart.richeson@phelps.com