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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

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

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    Local # 0755
    2189 Silas Deane Hwy
    Rocky Hill, CT 06067

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    Home Builders Association of NW Connecticut
    Local # 0710
    110 Brook St
    Torrington, CT 06790

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    3 Regency Dr Ste 204
    Bloomfield, CT 06002

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    Building Expert News and Information
    For Fairfield Connecticut


    Two Years, Too Late: Time-Barred Hurricane Loss is Timely Reminder to Insureds

    Court of Appeals Confirms that King County Superior Court’s Jury Selection Process Satisfies Due Process Requirements

    Difficulty in Defending Rental Supplier’s Claim Under Credit Application

    Mortgage Bonds Stare Down End of Fed Easing as Gains Persist

    Still Going, After All This Time: the Sacketts, EPA and the Clean Water Act

    Don’t Assume Your Insurance Covers A Newly Acquired Company

    Good Indoor Air Quality Keeps Workers Healthy and Happy

    Pennsylvania Superior Court Fires up a Case-By-Case Analysis for Landlord-Tenant, Implied Co-Insured Questions

    Washington Court Limits Lien Rights of Construction Managers

    First-Time Homebuyers Make Biggest Share of Deals in 17 Years

    Wells Fargo, JPMorgan Vexed by Low Demand for Mortgages

    After Restoring Power in North Carolina, Contractor Faces Many Claims

    Pandemic Magnifies Financial Risk in Construction: What Executives Can Do to Speed up Customer Payments

    Utah Supreme Court Allows Citizens to Block Real Estate Development Project by Voter Referendum

    Construction Defect Leads to Death, Jury Awards $39 Million

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    Punchlist: The News We Didn’t Quite Get To – May 2016

    Vermont Supreme Court Reverses, Finding No Coverage for Collapse

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    California Case That Reads Like Russian Novel Results in Less Than Satisfying Result for Both Project Owner and Contractors

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    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. 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.

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    Fairfield, Connecticut

    Regional US Airports Are Back After Years of Decay

    September 23, 2024 —
    The ski resorts near Gunnison and Crested Butte, Colorado, are so close to Aspen, you’d think the area wouldn’t need its own airport. Their glitzier neighbor is just 48 miles north as the crow flies, though that’s roughly 150 miles by road. But people flocking to Crested Butte’s laid back town, extreme ski slopes and epic mountain biking have a new reason to bypass farther-away Aspen: the destination’s gleaming new airport, which debuted in January 2023. Not only is the Gunnison-Crested Butte Regional Airport terminal easy to get across quickly, at just 40,000 square feet, it's also heated and cooled with geothermal energy and uses triple glazed windows to keep travelers warm in a town known to be one of the coldest places in the US. And Crested Butte isn’t the only small town airport receiving an upgrade. All across the US, at least a dozen small and medium-size facilities are being renovated and, in some cases, entirely rebuilt—typically on budgets that stretch eight and nine figures. That contradicts a long-held belief among aviation industry pros that these regional facilities were destined to gather dust and die out. Read the court decision
    Read the full story...
    Reprinted courtesy of Lebawit Lily Girma, Bloomberg

    Brown Orders Mandatory Water Curbs for California Drought

    April 01, 2015 —
    Governor Jerry Brown ordered California’s first mandatory water restrictions as the drought gripping the state enters a fourth year. Brown issued an executive order seeking a mandatory 25 percent reduction in use and a requirement that new homes feature water-efficient irrigation if the builder plans to use potable water for landscaping. He also called for 50 million square feet of lawns to be replaced with drought-tolerant landscaping and required campuses, golf courses and cemeteries to cut back on water. Read the court decision
    Read the full story...
    Reprinted courtesy of Michael B. Marois, Bloomberg
    Mr. Marois may be contacted at mmarois@bloomberg.net

    Construction Firm Sues City and Engineers over Reservoir Project

    October 28, 2011 —

    The city of Fremont, Ohio and Arcadis have been sued by Trucco Construction. Trucco had been hired by the city to build a reservoir designed by Arcadis, the News-Messenger reports. Peter Welin, attorney for Trucco, said that he found “startling evidence of the company’s negligence” when he deposed Arcadis engineers. “This project could never be built the way they bid it.”

    Their suit alleges that Arcadis and the city were aware that the site was not conducive to construction and also that Arcadis failed to be a neutral party in discussions between Trucco and the city regarding compensation.

    Sam Wamper, an attorney for Fremont, said he was going to file a motion which would include “quite an interesting story,” but declined to elaborate.

    Read the full story...

    Read the court decision
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    Reprinted courtesy of

    NYC Luxury-Condo Buyers Await New Towers as Sales Slow

    September 24, 2014 —
    Sales at One57, the ultra-luxury Manhattan condominium tower that set off a high-end residential construction boom, have slowed to a trickle amid competition from newer properties reaching the market. Only two units at Extell Development Co.’s Midtown property went under contract this year through June 30, according to filings on the Tel Aviv Stock Exchange, where the company sells debt to investors. There were no sales in the final three months of 2013 at the building, which had earlier found buyers for two penthouses at more than $90 million each. About 25 of the 94 units on the market were unsold as of June 30, the filings show. “This is not a normal pace,” Jonathan Miller, president of New York-based appraiser Miller Samuel Inc., said in an interview. “This building had many price increases when it was the only building out there, so maybe they overdid it. In other words, the sky is not the limit.” Read the court decision
    Read the full story...
    Reprinted courtesy of Oshrat Carmiel, Bloomberg
    Ms. Carmiel may be contacted at ocarmiel1@bloomberg.net

    Colorado Homebuyers Must be in Privity of Contract with Developer to Assert Breach of Implied Warranty of Suitability

    May 03, 2017 —
    On April 17, 2017, the Colorado Supreme Court announced its decision in Forest City v. Rogers, No. 15SC1089, 2017 CO 23 (Colo. Apr. 17, 2017). The Court held that privity of contract is necessary for a homebuyer to assert a claim for breach of implied warranty of suitability against a developer. In other words, one must be a party to a contract to pursue a claim for breach of any implied warranty of suitability therein. Defendant Forest City was the developer of a mixed use property in Stapleton. Forest City subdivided the land and sold the vacant lot at issue to a professional builder, Infinity. Infinity then built a residence and sold it to the plaintiff, Tad Rogers. After moving into the home, Rogers came to believe that the water table beneath the house along with calcite leaching from the road material led to a buildup of calcite in the foundation drain, making the basement uninhabitable and causing the sump pump to work overtime. Rogers sued Forest City on various theories, including breach of the warranty of suitability. In particular, Rogers alleged that Forest City impliedly warranted to him that his lot was suitable for a home with a finished basement, when in fact it was not. He prevailed on this claim at the trial court level. Read the court decision
    Read the full story...
    Reprinted courtesy of Maggie Stewart, Higgins, Hopkins, McLain & Roswell, LLC
    Ms. Stewart may be contacted at stewart@hhmrlaw.com

    Toll Brothers Surges on May Gain in Deposits for New Homes

    June 01, 2020 —
    Toll Brothers Inc. shares surged after the company posted profit that beat estimates and said deposits on new homes were up in recent weeks, a potential sign of optimism for the luxury housing market. The homebuilder, which focuses on higher-end customers, has struggled during the pandemic. It reported orders for the second quarter that missed estimates and said the key metric had plunged starting March 16, when much of the economy shut down. But investors shrugged off those results, focusing instead on a 13% year-over-year gain this month in deposits, which the company called a “leading indicator of current market demand.” Read the court decision
    Read the full story...
    Reprinted courtesy of Prashant Gopal, Bloomberg

    Be Sure to Bring Up Any Mechanic’s Lien Defenses Early and Often

    November 27, 2023 —
    As those of you who regularly read Musings are aware, mechanic’s liens are a big part of my law practice and a big issue here at this construction law blog. I’ve discussed the picky requirements of the mechanic’s lien statutes in Virginia and how the 90 and 150-day rules are strictly enforced. However, a recent case out of the City of Norfolk Virginia Circuit Court cautions that while failure to meet these strict requirements may invalidate a lien, it only does so if the owner or general contractor seeking to invalidate the lien argues the invalidity and/or presents evidence of that invalidity either pretrial or during trial. In Premier Restoration LLC v. Barnes, the Court considered the following facts. The defendant homeowners had a house fire and the resulting damage was the subject of an insurance claim that was paid and checks sent to the homeowners. Premier filed a mechanic’s lien in response to Barnes’s failure to pay for Premier’s restoration construction services after Barnes’s home was destroyed by fire. Premier seeks a decree to enforce the lien, asking the court to order the sale of Barnes’s property to recover its damages or, alternatively, a judgment in its favor. With the Complaint seeking enforcement of the lien and damages for breach of contract, and this is a key point, Premier provided a copy of the mechanic’s lien along with the affidavit that is part of the statutory form swearing that the Owner was justly indebted to Premiere. The homeowners filed a counterclaim for unfinished work, including unfinished punch list work. After a trial during which no evidence regarding either the timeliness of the lien recording or whether any of the work sought to be encompassed in the lien was performed outside of the statutory 150-day window was presented by either side, the defendants filed a post-trial motion seeking to invalidate the lien as including sums for work outside of the 150-day window. Read the court decision
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    Reprinted courtesy of The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at chrisghill@constructionlawva.com

    Green Energy Can Complicate Real Estate Foreclosures

    November 30, 2016 —
    A quick drive through almost any newer residential community in the Southwest will show that a lot of residents are embracing “Green Energy” or renewable energy by placing solar panels on their properties. While most people would agree that increasing the use of alternative energy is socially responsible, there are a number of real estate investors that may view it as an opportunity to make additional profits by purchasing distressed properties with solar panels and then reselling those properties for more than they would be worth without solar panels. The theory is relatively straight forward as many believe that foreclosure of a deed of trust that was recorded before the solar panels were installed would extinguish any liens in favor of the vendor that sold or financed the sale of the solar panels. After all, it is generally held that “a valid foreclosure of a mortgage terminates all interest in the foreclosed real estate that are junior to the mortgage being foreclosed.” See SFR Investments Pool 1, LLC v. U.S. Bank, N.A., 130 Nev. Adv. Op. 75, 334 P.3d 408, 412 (2014) (quoting Restatement (Third) of Property, Mortgages §7.1 (1997)). NOT SO FAST! While the general rule is that foreclosure of a senior lien terminates junior liens, most purveyors of solar panels do not encumber the property with mortgages or deeds of trust to secure payment of amounts they are owed. Rather, they typically either lease the solar panels to the property owner or secure repayment of the purchase price of the solar panels with a fixture filing under the Uniform Commercial Code (the “UCC”). Read the court decision
    Read the full story...
    Reprinted courtesy of Bob L. Olson, Snell & Wilmer
    Mr. Olson may be contacted at bolson@swlaw.com