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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


    Idaho Supreme Court Address Water Exclusion in Commercial Property Exclusion

    Real Estate & Construction News Roundup (3/6/24) – Steep Drop in Commercial Real Estate Investment, Autonomous Robots Being Developed for Construction Projects, and Treasury Department Proposes Regulation for Real Estate Professionals

    Texas Legislature Puts a Spear in Doctrine Making Contractor Warrantor of Owner Furnished Plans and Specifications

    Waiver Of Arbitration by Not Submitting Claim to Initial Decision Maker…Really!

    A Glimpse Into Post-Judgment Collections and Perhaps the Near Future?

    Recent Developments with California’s Right to Repair Act

    Ensuing Losses From Faulty Workmanship Must be Covered

    Addressing Safety on the Construction Site

    Palo Alto Proposes Time Limits on Building Permits

    Traub Lieberman Partner Michael K. Kiernan and Associate Brandon Christian Obtain Dismissal with Prejudice in Favor of Defendant

    Gardeners in the City of the Future: An Interview with Eric Baczuk

    Caveat Emptor (“Buyer Beware!”) Exceptions

    OSHA Set to Tag More Firms as Severe Violators Under New Criteria

    Traub Lieberman Partner Kathryn Keller and Associate Steven Hollis Secure Final Summary Judgment in Favor of Homeowner’s Insurance Company

    Florida Former Public Works Director Fined for Ethics Violation

    Circumstances In Which Design Professional Has Construction Lien Rights

    Steel-Fiber Concrete Link Beams Perform Well in Tests

    Wharf Holdings to Sell Entire Sino-Ocean Stake for $284 Million

    Condemnation Actions: How Valuable Is Your Evidence of Property Value?

    Minneapolis Condo Shortage Blamed on Construction Defect Law

    Fifth Circuit Confirms: Insurer Must Defend Despite Your Work/Your Product Exclusion

    Wisconsin Supreme Court Holds Fire Damage Resulted from Single Occurrence

    Newmeyer Dillion Attorneys Named to 2020 Southern California Rising Stars List

    Wilke Fleury Secures Bid Protest Denial

    U.S. Home Prices Climbed 0.1% in July as Gains Slowed

    Singapore Unveils Changes to Make Public Housing More Affordable

    Why Builders Should Reconsider Arbitration Clauses in Construction Contracts

    A Guide to Evaluating Snow & Ice Cases

    Eleventh Circuit Rules That Insurer Must Defend Contractor Despite “Your Work” Exclusion, Where Damage Timing Unclear

    Don’t Spoil Me: Oklahoma District Court Rules Against Spoliation Sanctions

    Appeals Court Reverses Summary Judgment over Defective Archway Construction

    What Should Business Owners Do If a Customer Won’t Pay

    Remodel Leaves Guitarist’s Home Leaky and Moldy

    Real Estate & Construction News Roundup (5/8/24) – Hotel Labor Disputes, a Congressional Real Estate Caucus and Freddie Mac’s New Policies

    Wood Smith Henning & Berman LLP Expands into Georgia

    Five Types of Structural Systems in High Rise Buildings

    Traub Lieberman Attorneys Recognized as 2023 Illinois Super Lawyers® and Rising Stars

    No Interlocutory Appeals of "Garden-Variety" Contract Disputes

    NJ Supreme Court Declines to Review Decision that Exxon Has No Duty to Indemnify Insurers for Environmental Liability Under Prior Settlement Agreement

    Storm Debby Is Deadly — Because It’s Slow

    UCP Buys Citizen Homes

    More Reminders that the Specific Contract Terms Matter

    NJ Condo Construction Defect Case Dismissed over Statute of Limitations

    Patrick Haggerty Promoted to Counsel

    Release Of “Unknown” Claim Does Not Bar Release Of “Unaccrued” Claim: Fair Or Unfair?

    Uniformity in Florida’s Construction Bond Laws Brings About Fairness for the Industry

    Insurer's Summary Judgment Motion to Reject Claim for Construction Defects Upheld

    GOP, States, Industry Challenge EPA Project Water Impact Rule

    Massachusetts Federal Court Holds No Coverage for Mold and Water Damage Claim

    Mid-Session Overview of Colorado’s 2017 Construction Defect Legislation
    Corporate Profile

    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

    Loaded Boom of Burning Tower Crane Collapses in Manhattan, Injuring Six

    August 07, 2023 —
    The boom of a tower crane, with its engine on fire, collapsed July 26 at a high-rise construction site in midtown Manhattan—hitting the face of the building across the street as it dropped its 16-ton load. City officials said they would investigate the mishap, which caused minor injuries to two firefighters and four others. 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

    Update: Supreme Court Issues Opinion in West Virginia v. EPA

    August 03, 2022 —
    Takeaways
    • The Supreme Court sided with a coalition of states and coal mining companies constraining EPA’s ability to regulate CO2 emissions from power plants.
    • The Supreme Court’s deployment of the “major questions doctrine” could have far-reaching implications for agencies’ authority to take actions that are politically and economically significant.
    • The Court also announced a broad interpretation of standing, finding that the challengers could bring their suit notwithstanding EPA’s announced nonenforcement of the Clean Power Plan and intent to engage in a rulemaking to replace it.
    Introduction On June 30, 2022, the Supreme Court issued its opinion in West Virginia v. EPA, invalidating the 2015 Obama-era Clean Power Plan (CPP). Chief Justice John Roberts delivered the opinion of the court, holding that Section 111(d) of the Clean Air Act does not authorize EPA to devise emissions caps based on “generation shifting”—the approach EPA took in the CPP wherein power plants would be required to transition from higher-emitting (e.g., coal) to lower-emitting (e.g., natural-gas) to then even lower-emitting (e.g., wind and solar) electricity production. The Court’s holding that the case was justiciable despite the Biden administration’s stated intent to repeal the Clean Power Plan and engage in a new rulemaking, as well as its deployment of the “major questions doctrine,” is likely to have far-reaching implications for legal challenges to all administrative agency actions. Reprinted courtesy of Anne Idsal Austin, Pillsbury, Shelby L. Dyl, Pillsbury and Sheila McCafferty Harvey, Pillsbury Ms. Austin may be contacted at anne.austin@pillsburylaw.com Ms. Dyl may be contacted at shelby.dyl@pillsburylaw.com Ms. Harvey may be contacted at sheila.harvey@pillsburylaw.com Read the court decision
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    Reprinted courtesy of

    New Washington Law Nixes Unfair Indemnification in Construction Contracts

    April 25, 2012 —

    Contractual fairness ? it is part of my mantra. If you read the blog, you probably know that I preach brevity, balance and clarity in contracting. The State of Washington did well to finally eliminate something that has angered me for quite some time ? unfair indemnification.

    One of my favorite construction contract revisions is mutual indemnification. Many “up the chain” contractors and owners are going to stick you with a unilateral indemnification clause that protects them for just about everything, including their own fumbling of a project. Adding mutual indemnification provides some balance, and keeps parties reliant upon each other for success on the job site.

    Read the full story…

    Reprinted courtesy of Douglas Reiser of Reiser Legal LLC. Mr. Reiser can be contacted at info@reiserlegal.com

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    Fannie Mae Says Millennials Are Finally Leaving Their Parents' Basements

    December 17, 2015 —
    Parents, rejoice. Your offspring may finally be moving out of the family basement. A new report (PDF) from Fannie Mae, the U.S. government-backed mortgage company, suggests that the millennial generation is getting a move on. "According to the ACS [Census Bureau’s American Community Survey], the number of homeowners aged 25-34 fell by more than 250,000 in each year between 2007 and 2012, but has declined by less than 100,000 annually since then," Fannie Mae said. "In fact, the decline between 2013 and 2014 was statistically insignificant, the first indication of stability in the number of young homeowners since the onset of the Great Recession." So while the number of homeowners in that age range is still on the decline, the trend looks poised for a reversal, and Fannie Mae said it won't take much to see positive growth in millennial homeownership in the near future. Read the court decision
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    Reprinted courtesy of Julie Verhage, Bloomberg

    Other Colorado Cities Looking to Mirror Lakewood’s Construction Defect Ordinance

    October 22, 2014 —
    The Denver Post reported that some Colorado metro communities “say they are ready to take a hard look at modifying Colorado's law on builder defects, which they blame for hampering new condominium construction amid the buildout of the region's 122-mile commuter-rail system.” Lone Tree has “scheduled a study session for Tuesday to discuss drafting its own construction-defects ordinance while a city councilmember in Englewood has put in a request that the city take up the topic.” According to the Denver Post, “Brighton, Broomfield and Centennial…also want to give the issue more attention.” Read the court decision
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    Reprinted courtesy of

    Contractor’s Charge Of Improvements To Real Property Not Required For Laborers To Have Lien Rights

    June 13, 2018 —
    In Washington, persons furnishing labor, professional services, material, or equipment for improvements of real property are generally entitled to a lien on that property, but only if their labor is furnished at the direction of the owner or the owner’s “construction agent.”[1] Whether a lien attaches, therefore, can turn on whether the person directing work is the owner’s construction agent. Washington’s mechanic’s lien statute defines “construction agent” as “any registered or licensed contractor, registered or licensed subcontractor, architect, engineer, or other person having charge of any improvement to real property, who shall be deemed the agent of the owner for the limited purpose of establishing the lien created by this chapter.”[2] Read the court decision
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    Reprinted courtesy of Matt T. Paxton, Ahlers Cressman & Sleight PLLC
    Mr. Paxton may be contacted at matt.paxton@acslawyers.com

    Following My Own Advice

    October 21, 2015 —
    I often advise clients on the use of E-Verify and the importance of getting policies and in place to ensure compliance. This is particularly true for clients that do federal and state work. Now it’s my turn to follow my own advice. I was recently appointed to represent the Nebraska Board of Engineers and Architects. As such, I am a contractor for the State of Nebraska. That means I have to use E-Verify. Here is a refresher of “our” E-Verify obligations as a contractor for the State. Nebraska adopted an E-Verify law in 2009. Nebraska statute section 4-114 requires all contractors that are awarded a contract by a state agency or political subdivision to register with ta federal immigration verification system. Although not explicit in the statute, the Department of Labor has indicated that the obligation to E-Verify applies only to new employees that will be working on the project. Read the court decision
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    Reprinted courtesy of Craig Martin, Lamson, Dugan and Murray, LLP
    Mr. Martin may be contacted at cmartin@ldmlaw.com

    Retainage: What Contractors Need to Know and Helpful Strategies

    June 04, 2024 —
    Introduction Most, if not all, construction contracts contain a provision for “retainage.” The origin and concept of retainage dates back to the railroad boom that embraced Great Britain in the 1840s. In its simplest terms, retainage is a mechanism by which an owner or general contractor withholds disbursement of funds from the payment of a requisition in order to secure future performance of a contract and/or to pay for repair of defectively performed work. Retainage typically ranges from five to ten percent, with the amount being reduced as the project progresses to substantial and final completion. One of the reasons for withholding retainage is to incentivize a contractor to complete its work in accordance with the contract terms and conditions. While this may be well-intentioned in concept, it all too often leads to abuse that impacts project cash flow and raises tension between the parties. This typically happens on projects that have delay issues, deficient drawings, and/or claims of defective work. When a project has “gone bad,” the withholding of retainage is one of the first things that an owner will latch onto in order to leverage its position against a contractor. In order for a contractor to put itself in the best position possible, the following negotiation techniques and protective measures should be kept in mind. Know Your Applicable Statute Every state except West Virginia has statutes in place that govern the payment of retainage on public projects. On federal projects, the amount of retainage withheld shall not exceed ten percent as set forth in the Federal Acquisition Regulations (“FAR”). The common thread running through these statutes is the payment of interest as a remedy when the retainage is not timely paid. Historically, most retainage statutes were applicable only to publicly funded projects. This has recently changed with a substantial number of state legislatures recognizing that the payment of retainage on private projects was a serious enough problem to warrant regulation. These include Alabama, Arizona, California, Colorado, Connecticut, Idaho, Illinois, Kansas, Louisiana, Maine, Maryland, Massachusetts, Minnesota, Missouri, Montana, Nebraska, Nevada, New Mexico, New York, North Carolina, North Dakota, Ohio, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, and Vermont. New York’s retainage laws relating to private projects were enacted only this past November. Read the court decision
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    Reprinted courtesy of Gerard J. Onorata, Peckar & Abramson
    Mr. Onorata may be contacted at gonorata@pecklaw.com