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    Fairfield, Connecticut

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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. Tornadoes, Hail Cost Insurers $1 Billion in June

    $17B Agreement Streamlines Disney World Development Plans

    Wilke Fleury Secures Bid Protest Denial

    Not All Design-Build Projects are Created Equal

    The Secret to an OSHA Inspection

    The Nightmare Scenario for Florida’s Coastal Homeowners

    Property Damage, Occurrences, Delays, Offsets and Fees. California Decision is a Smorgasbord of Construction Insurance Issues

    Additional Insured is Loss Payee after Hurricane Damage

    Insurer Cannot Abandon Defense Agreement on Underlying Asbestos Claims Against Insured

    Third Circuit Affirms Use of Eminent Domain by Natural Gas Pipeline

    Federal Court in New York Court Dismisses Civil Authority Claim for COVID-19 Coverage

    No Coverage for Roof Collapse During Hurricane

    Insurance Company’s Reservation of Rights Letter Negates its Interest in the Litigation

    New York Court Holds Insurer Can Rely on Exclusions After Incorrectly Denying Defense

    Real Estate & Construction News Roundup (06/06/23) – Housing Woes, EV Plants and the Debate over Public Financing

    Fourth Circuit Confirms Scope of “Witness Litigation Privilege”

    When is a Residential Subcontractor not Subject to the VCPA? Read to Find Out

    Court Finds That SIR Requirements are Not Incorporated into High Level Excess Policies and That Excess Insurers’ Payment of Defense Costs is Not Conditioned on Actual Liability

    New York Building Boom Spurs Corruption Probe After Death

    Indemnification Against Release/“Disposal” of Hazardous Materials

    Google’s Biggest Moonshot Is Its Search for a Carbon-Free Future

    Windows and Lawsuits Fly at W Hotel

    Practical Pointers for Change Orders on Commercial Construction Contracts

    Construction Industry Groups Challenge DOL’s New DBRA Regulations

    Excess Carrier Successfully Appeals Primary Insurer’s Summary Judgment Award

    The 2024 Colorado Legislative Session Promises to be a Busy One for the Construction Industry and its Insurers

    Wisconsin Supreme Court Upholds Asbestos Exclusion in Alleged Failure to Disclose Case

    Texas Supreme Court Holds Stipulated Extrinsic Evidence May Be Considered in Determining Duty to Defend

    Venue for Miller Act Payment Bond When Project is Outside of Us

    Traub Lieberman Attorneys Named 2019 Super Lawyers

    Karen Campbell, Kristen Perkins to Speak at CLM 2020 Annual Conference in Dallas

    Rooftop Owners Sue Cubs Consultant for Alleged False Statements

    Court Rules Planned Development of Banning Ranch May Proceed

    With Vice President's Tie-Breaker, US Senate Approves Far-Reaching Climate Bill

    2016 California Construction Law Upate

    Subcontractor Strength Will Drive Industry’s Ability to Meet Demand, Overcome Challenges

    Anthony Garasi, Jared Christensen and August Hotchkin are Recognized as Nevada Legal Elite

    McCarthy Workers Test Fall-Protection Harnesses Designed to Better Fit Women

    Insurance Agent Sued for Lapse in Coverage after House Collapses

    Firm Claims Construction Defects in Hawaiian Homes

    Zoning Hearing Notice Addressed by Georgia Appeals Court

    Pre-Suit Settlement Offers and Construction Lien Actions

    Federal Courts Reject Insurers’ Attempts to Recoup Defense Costs Expended Under Reservation of Rights

    Skyline Bling: A $430 Million Hairpin Tower and Other Naked Bids for Tourism

    Reference to "Man Made" Movement of Earth Corrects Ambiguity

    Newmeyer Dillion Attorneys Named to 2022 Southern California Rising Stars List

    Insurer Must Defend Where Possible Continuing Property Damage Occurred

    Paul Tetzloff Elected As Newmeyer & Dillion Managing Partner

    Construction Employers Beware: New, Easier Union Representation Process

    Chicago Makes First Major Update to City's Building Code in 70 Years
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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

    Two New Developments in Sanatoga, Pennsylvania

    October 22, 2013 —
    The final touches are being put on two developments in Sanatoga, Pennsylvania. Southview, the larger of the two, comprises 35 single-family homes. Brookside comprises 16 single-family homes. During the next 18 months, the developers of the two communities will be responsible for the community improvements. If, after 18 months, these pass inspection, the township’s engineering firm will recommend that Sanatoga take responsibility for upkeep. Read the court decision
    Read the full story...
    Reprinted courtesy of

    A Landlord’s Guide to the Center for Disease Control’s Eviction Moratorium

    October 05, 2020 —
    The Center for Disease Control and Prevention (the “CDC”) and the Department of Health and Human Services (the “HHS”) has issued an order to temporarily halt a landlord’s right to evict certain residential tenants to prevent the further spread of COVID-19 (the “CDC Order”). The CDC Order is effective through December 31, 2020. Applicability of the CDC Order. The CDC Order does not apply in jurisdictions that have a moratorium on residential evictions in effect that provides the same or greater level of protection than the CDC Order, and the CDC Order permits local jurisdictions to continue to pass more restrictive eviction moratoriums. To invoke the protection provided by the CDC Order, a landlord’s tenants must deliver an executed declaration (a “CDC Declaration”) form to the landlord that includes the following statements: (i) the tenant has used best efforts to obtain all available government assistance for rent or housing; (ii) expects to earn no more than $99,000 in annual income in 2020 (or $198,000 if filing joint tax returns), was not required to report income in 2019, or received an Economic Impact Payment under the CARES Act; (iii) the tenant is unable to pay the full rent due to substantial loss of household income, loss of work or wages, or extraordinary out-of-pocket medical expenses; (iv) the tenant is using best efforts to make partial payments that are as close to the full rental payments as the tenant’s circumstances permit; and (v) the eviction would likely render the individual homeless or force the individual to move into and live in close quarters or shared living space. Effect of the CDC Order The CDC Order prevents landlords from evicting tenants for the non-payment of rent or similar housing-related payments that have sent their landlord a CDC Declaration. The CDC Order does not relieve tenants of the obligation to pay rent or other charges owed under their leases and does not preclude a landlord from charging late fees, penalties, or interest for missed payments. Read the court decision
    Read the full story...
    Reprinted courtesy of Colton Addy, Snell & Wilmer
    Mr. Addy may be contacted at caddy@swlaw.com

    Crime Policy Insurance Quotes Falsely Represented the Scope of its Coverage

    July 13, 2020 —
    An Indiana businessman found out the hard way how far his insurance company was willing to go to avoid paying a claim after it misrepresented the coverage of a crime policy it sold to him. The quote for the policy indicated that it included coverage for losses resulting from computer hacking. Despite this representation, when the policyholder’s bank accounts were hacked, the insurer denied coverage on the ground that there was no provision for hacking coverage in the policy. Fortunately, the Indiana Court of Appeals recognized the insured’s right to argue before a jury that the insurer’s quotes falsely represented the scope of its coverage. In Metal Pro Roofing, LLC v. Cincinnati Ins. Co., Richard Cornett, principal of Metal Pro Roofing, LLC and Cornett Restoration, LLC (the “LLCs”), purchased a Cincinnati Insurance Company CinciPlus Crime XC+ Policy (the “Policy”). At the time Mr. Cornett purchased this coverage, and during all subsequent renewals, Cincinnati issued insurance quotes that stated:
    Cincinnati can insure your money and securities while at your premises, inside your bank and even off site in the custody of a courier. While you’ve taken precautions to protect your money and securities, you run the risk of loss from employees, robbers, burglars, computer hackers and even physical perils such as fire.
    Give yourself peace of mind with Cincinnati’s crime coverage to insure the money and securities you worked so hard to earn.
    Crime Expanded Coverage (XC®)Plus Endorsement $125.00.
    (Emphasis added.) Read the court decision
    Read the full story...
    Reprinted courtesy of Brian J Clifford, Saxe Doernberger & Vita
    Mr. Clifford may be contacted at bjc@sdvlaw.com

    West Virginia Wild: Crews Carve Out Corridor H Through the Appalachian Mountains

    May 08, 2023 —
    When crews with Kokosing Construction Co. began a $209-million design-build contract—the largest of its kind in West Virginia—in 2015, they first had to build roads in order to build the actual road called Corridor H. Reprinted courtesy of Aileen Cho, Engineering News-Record Ms. Cho may be contacted at choa@enr.com Read the full story... Read the court decision
    Read the full story...
    Reprinted courtesy of

    Foreclosure Deficiency: Construction Loan vs. Home Improvement Loan

    November 12, 2019 —
    In a recent Arizona Court of Appeals case, Helvetica Servicing, Inc., v. Pasquan, 2019 WL 3820015, (8/15/19), the Court of Appeals addressed the distinction between (1) a construction loan (or refinance of same) and (2) a home improvement loan (or refinance of same), as it relates to Arizona’s anti-deficiency statute, A.R.S. §33-729(A). In general, an anti-deficiency statute provides that although a purchase-money lender or a construction lender can – in appropriate circumstances – foreclose on their loan and cause a sale of the property to pay the loan, the lender cannot (if the statutory criteria are met) force the homeowner/borrower to pay the remaining balance still owed on the loan following the foreclosure (known as the deficiency). In other words, if the anti-deficiency rule applies, the lender’s sole remedy to collect on the loan is a foreclosure sale of the property; and the homeowner/borrower’s downside risk is loss of the property in foreclosure; the homeowner/borrower does not have any personal liability to pay the remaining unpaid balance of the loan post-foreclosure. In effect, the homeowner/borrower can simply walk away and not have to repay the loan. Read the court decision
    Read the full story...
    Reprinted courtesy of Kevin J. Parker, Snell & Wilmer
    Mr. Parker may be contacted at kparker@swlaw.com

    Insurer’s “Failure to Cooperate” Defense

    November 14, 2018 —
    The “failure to cooperate” defense is a defense an insurer may raise when its insured fails to cooperate with it in the defense of the claim against the insured. If an insurer takes this position, it will typically be denying both defense and indemnification obligations, meaning the insured could be forfeiting coverage that otherwise exists through his/her/its failure to cooperate with the insurer. This defense by the insurer is not absolute as recently explained by the Fourth District in Barthelemy v. Safeco Ins. Co. of Illinois, 43 Fla.L.Weekly D2379a (Fla. 4th DCA 2018) discussing the elements of this failure to cooperate defense. Read the court decision
    Read the full story...
    Reprinted courtesy of David Adelstein, Kirwin Norris
    Mr. Adelstein may be contacted at dma@kirwinnorris.com

    Update to Washington State Covid-19 Guidance

    November 23, 2020 —
    Yesterday, November 15, 2020, Governor Inslee announced modifications to the current COVID-19 restrictions in response to the current rise in cases across Washington State. There are no additional restrictions on construction at this time. However, during the Governor’s press conference yesterday, he did indicate that positive cases were increasing on construction sites, and that they would be tracking the statistics over the next 2 – 3 weeks – to see if additional restrictions would be necessary for construction sites in the future. Additionally, the construction industry group is meeting with the Governor’s office today, November 16, 2020, and we will keep you informed of any changes as a result of that meeting. Unless otherwise specifically noted, the modifications take effect at 12:01 a.m., Tuesday, November 17, 2020. All modifications to existing prohibitions set forth herein shall expire at 11:59 p.m., Monday, December 14, 2020, unless otherwise extended. If an activity is not listed below, currently existing guidance shall continue to apply. If current guidance is more restrictive than the below listed restrictions, the most restrictive guidance shall apply. These below modifications do not apply to education (including but not limited to K-12, higher education, trade and vocational schools), childcare, health care, and courts and judicial branch-related proceedings, all of which are exempt from the modifications and shall continue to follow current guidance. Terms used in this proclamation have the same definitions used in the Safe Start Washington Phased Reopening County-by-County Plan. Read the court decision
    Read the full story...
    Reprinted courtesy of Brett M. Hill, Ahlers Cressman Sleight PLLC
    Mr. Hill may be contacted at brett.hill@acslawyers.com

    Parties to an Agreement to Arbitrate May be Compelled to Arbitrate with Non-Parties

    February 28, 2022 —
    In a recent case decided by Division III of the Washington Court of Appeals, David Terry Investments, LLC – PRC v. Headwaters Development Group LLC,[1] the court held that parties to an arbitration agreement can be compelled to arbitrate related claims with non-parties to the agreement based on the doctrine of equitable estoppel. The case involved six joint venture agreements to develop three separate properties in Spokane, two joint venture agreements per property. One entity, David Terry Investments, LLC – PRC (“DTI”), owned by David Terry, was a partner in each of the six joint venture agreements. DTI joint ventured with S.G. Spady Consulting (“SGSC”) and with Headwaters Development Group LLC (“HDG”) separately for each of the three properties. HDG owned the three properties, and SGSC was to provide construction management advice. Steve Spady was the principal of both HDG and SGSC. Stoneridge was a licensed general contractor, the principal of which was also Steve Spady. Read the court decision
    Read the full story...
    Reprinted courtesy of Paul R. Cressman Jr., Ahlers Cressman & Sleight PLLC
    Mr. Cressman may be contacted at paul.cressman@acslawyers.com