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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
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    Hawaii Court Finds No Bad Faith, But Negligent Misrepresentation Claim Survives Summary Judgment in Construction Defect Action

    FAA Plans Final Regulation on Commercial Drone Use by Mid-2016

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

    Untangling Unique Legal Issues in Modern Modular Construction

    More Money Down Adds to U.S. First-Time Buyer Blues: Economy

    Handling Construction Defect Claims – New Edition Released

    Sixth Circuit Affirms Liability Insurer's Broad Duty to Defend and Binds Insurer to Judgment Against Landlord

    Why Construction Law- An Update

    Seattle Independent Contractor Ordinance – Pitfalls for Unwary Construction Professionals

    California Condo Architects Not Liable for Construction Defects?

    Playing Hot Potato: Indemnity Strikes Again

    Kushner Company Files Suit Against Jersey City Over Delays to Planned Towers

    Building Permits Hit Five-Year High

    Robinson+Cole’s Amicus Brief Adopted and Cited by Massachusetts’s High Court

    Policy Renewals: Has Your Insurer Been Naughty or Nice?

    SEC Climate Change Disclosure Letter Foreshadows Anticipated Regulatory Changes

    Residential Construction: Shrinking Now, Growing Later?

    Prior Occurrence Exclusion Bars Coverage for Construction Defects

    How Drones are Speeding Up Construction

    2022 California Construction Law Update

    Manhattan Developer Wants Claims Dismissed in Breach of Contract Suit

    Luxury Villa Fraudsters Jailed for Madeira Potato Field Scam

    ASCE Statement on Biden Administration Permitting Action Plan

    Indemnification Against Release/“Disposal” of Hazardous Materials

    Flushing Away Liability: What the Aqua Engineering Case Means for Contractors and Subcontractors

    ASCE's Architectural Engineering Institute Announces Winners of 2021 AEI Professional Project Award

    Bad Faith Claim for Investigation Fails

    First Circuit: No Coverage, No Duty to Investigate Alleged Loss Prior to Policy Period

    Fraudster Sells 24-Bedroom ‘King’s Speech’ London Mansion

    Waive Your Claim Goodbye: Louisiana Court Holds That AIA Subrogation Waiver Did Not Violate Anti-Indemnification Statute and Applied to Subcontractors

    Nailing Social Media: The Key to Generating Leads for Construction Companies

    Modular Homes Test Energy Efficiency Standards

    Rebuilding the West: Construction Considerations After the Smoke Clears

    Eleventh Circuit Holds that EPA Superfund Remedial Actions are Usually Entitled to the FTCA “Discretionary Function” Exemption

    Should CGL Insurer have Duty to Defend Insured During Chapter 558 Notice of Construction Defects Process???

    The “Climate 21 Project” Prepared for the New Administration

    Miller Wagers Gundlach’s Bearish Housing Position Loses

    New York Restrictions on Flow Through Provision in Subcontracts

    Stucco Contractor Trying to Limit Communication in Construction Defect Case

    Economic Waste Doctrine and Construction Defects / Nonconforming Work

    Does a No-Damage-for-Delay Clause Also Preclude Acceleration Damages?

    How Finns Cut Construction Lead Times in Half

    Newmeyer & Dillion Selected to 2017 OCBJ’s Best Places to Work List

    Failure to Timely File Suit in Federal Court for Flood Loss is Fatal

    California Imposes New Disabled Access Obligations on Commercial Property Owners

    Poor Record Keeping = Going to the Poor House (or, why project documentation matters)

    Not Everything is a Pollutant: A Summary of Recent Cases Supporting a Common Sense and Narrow Interpretation of the CGL's Pollution Exclusion

    Avoid Drowning in Data: Keep Afloat with ESI in Construction Litigation

    Brown and Caldwell Appoints Stigers as Design Chief Engineer

    New Becker & Poliakoff Attorney to Expand Morristown Construction Litigation Practice
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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.

    Building Expert News & Info
    Fairfield, Connecticut

    Manhattan to Add Most Office Space Since ’90 Over 3 Years

    June 18, 2014 —
    Manhattan is poised to add the most office space in any three-year period since 1990 as projects including buildings at Hudson Yards and the World Trade Center site are completed, the New York Building Congress said. The borough, home to the largest U.S. office market, probably will add 9 million square feet (836,000 square meters) of office space at nine development sites from last year through 2015, according to the organization, which promotes construction in the New York City area. An additional 10 million square feet at six buildings is likely to become available from 2016 through 2018, the group said in a statement today. “It’s a vote of confidence in the market, which we think is long overdue,” Richard T. Anderson, president of the New York Building Congress, said in a telephone interview. “As a global center of finance and office-related functions, the city needs to regenerate its office space.” Read the court decision
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    Reprinted courtesy of Jonathan LaMantia, Bloomberg
    Mr. LaMantia may be contacted at jlamantia1@bloomberg.net

    Napa Quake, Flooding Cost $4 Billion in U.S. in August

    September 10, 2014 —
    An earthquake that struck the California wine country north of San Francisco and flooding in the U.S. last month caused more than $4 billion in economic losses, according insurance broker Aon Plc. (AON) A 6.0-magnitude temblor shook the city of Napa on Aug. 24, damaging more than 1,100 buildings, injuring at least 258 people and causing about $2 billion in economic damages, the London-based broker said today in a report. Insured losses are expected to be in the hundreds of millions of dollars, because of the below-average extent of coverage, Aon said. “Residential earthquake insurance penetration rates have gradually lowered in California during the past two decades from 33 percent in 1996 to roughly 10 percent today,” Steve Bowen, associate director and meteorologist for Aon Benfield Impact Forecasting, said in a statement. The Napa quake “serves as a reminder of the unpredictability and costly impacts.” Read the court decision
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    Reprinted courtesy of Noah Buhayar, Bloomberg
    Mr. Buhayar may be contacted at nbuhayar@bloomberg.net

    Defect Claims Called “Witch Hunt”

    November 20, 2013 —
    Saying that “it was blatantly obvious that LAWA’s airport maintenance has culpability in this matter,” Tutor-Saliba Corp is claiming that the recent lawsuit from Los Angeles World Airports, the operators of LAX, is “an apparent witch hunt.” The airport has claimed that Tutor-Saliba’s work in building the runway was defective. The firm notes in response that their warranty against defects expired in 2009 and claims that some of the areas with problems are areas they did work. Instead of defective workmanship, Tutor-Saliba has suggested that the problems with the runway are due to poor maintenance. Their suggestion is that LAX review its maintenance procedures. Read the court decision
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    Reprinted courtesy of

    DoD Issues Guidance on Inflation Adjustments for Contractors

    August 15, 2022 —
    The Department of Defense (“DoD”) recently issued a memorandum to contracting officers (“COs”) guiding the use of economic price adjustment (“EPA”) clauses to address inflation-related cost increases. The memorandum, entitled Guidance on Inflation and Economic Price Adjustments, comes as the year-over-year inflation rate rose to 8.6% in May, and contractors with fixed-price contracts seek ways to recover their rising costs. EPA clauses allow the parties to mitigate cost risks that present themselves as a result of circumstances beyond the contractor’s control, e.g., inflation and supply chain price fluctuations. Generally, an EPA clause will dictate that the Government bear the cost risk up to a mutually agreed-upon ceiling. EPA clauses apply to the cost portion of a contract, but do not normally apply to the profit. DFARS PGI 216.203-4. Memorandum: No CO Authority to Grant Contractual Relief Absent an EPA Clause The memorandum states that absent an existing EPA clause, COs do not have the authority to provide contractual relief for unanticipated inflation under a firm-fixed-price contract. Reprinted courtesy of Jennifer Harris, Peckar & Abramson, P.C. (ConsensusDocs) and Abby Salinas, Peckar & Abramson, P.C. (ConsensusDocs) Ms. Harris may be contacted at jharris@pecklaw.com Read the court decision
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    Reprinted courtesy of

    ASCE Statement on Passage of the Water Resources Development Act (WRDA) of 2022

    December 26, 2022 —
    WASHINGTON, D.C. – ASCE applauds Congress for passing the bipartisan Water Resources Development Act (WRDA) for 2022, which was included in the National Defense Authorization Act. The legislation authorizes construction for 25 new and existing U.S. Army Corps of Engineers (USACE) water infrastructure projects, including those related to dams, ports and inland waterways, flood risk management, and storm risk reduction. We are encouraged that the biannual reauthorization of WRDA continues to be a congressional priority. ASCE applauds Congress for WRDA 2022 authorizing and establishing several programs dedicated to ensuring that our nation's water resources infrastructure benefits communities across the country. These accomplishments include reauthorizing the National Levee Safety Program; authorizing dredging activity in underserved community harbors; authorizing the USACE to recruit individuals more actively for careers in science, technology, engineering, and math (STEM); and enhancing infrastructure resilience, such as allowing the USACE to incorporate resilience measures into federally authorized hurricane or shore protection projects when performing emergency repairs. ASCE is also pleased to see that WRDA 2022 makes the current federal cost share formula for Inland Waterways Trust Fund projects permanent, with 65 percent coming from the general fund and 35 percent from the Inland Waterways Trust Fund (IWTF). ASCE strongly supports this provision, as it was a key recommendation to raise the nation's "D+" inland waterways grade in the 2021 Report Card for America's Infrastructure. Additionally, ASCE strongly supports provisions in WRDA 2022 that will enhance the safety of the nation's dams and levees, which each received a "D" grade in the 2021 report card. The bill requires the Corps to establish a new National Low-Head Dam Inventory to account for the nation's low-head dams, which can pose significant public hazards. Identifying and monitoring these types of dams nationwide will contribute to the overall safety of the nation's dams and help to save lives. Finally, the reauthorization of WRDA works hand-in-hand with the additional investments made in the Bipartisan Infrastructure Law. This reauthorization shows that infrastructure remains a bipartisan priority. We thank Congress for passing this legislation and look forward to translating these investments to critical water infrastructure system improvements nationwide. ABOUT THE AMERICAN SOCIETY OF CIVIL ENGINEERS Founded in 1852, the American Society of Civil Engineers represents more than 150,000 civil engineers worldwide and is America's oldest national engineering society. ASCE works to raise awareness of the need to maintain and modernize the nation's infrastructure using sustainable and resilient practices, advocates for increasing and optimizing investment in infrastructure, and improve engineering knowledge and competency. For more information, 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

    Fewer NYC Construction Deaths as Safety Law Awaits Governor's Signature

    July 25, 2022 —
    The hoped-for progress in New York City construction safety is coming too late for laborer Jose Fortina Armenta Hernandez. At 8:37 a.m. on May 27, 2021, while jackhammering a roof section on a Brooklyn building, the section on which Armenta stood gave way and he fell 60 ft. When last year his family sent his body from New York City to Mexico to be buried, they used a GoFundMe page to raise money for the laborer's funeral. Reprinted courtesy of Richard Korman, Engineering News-Record Mr. Korman may be contacted at kormanr@enr.com Read the full story... Read the court decision
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    Reprinted courtesy of

    One More Mechanic’s Lien Number- the Number 30

    March 06, 2023 —
    I’ve spoken here often about the numbers 90 and 150 as they relate to Virginia mechanic’s liens. These numbers are important for all mechanic’s liens in Virginia, whether commercial or residential (meaning liens for 1 and 2-family homes). There is another number, 30, that is important for those construction contractors that perform work on single and two-family homes. Where a mechanic’s lien agent is named on the building permit (or possibly just named if not stated on the permit), and among other requirements, Va. Code 43-4.01 requires that, in order to have lien rights at the project, the contractor must provide notice to the mechanic’s lien agent within 30 days of beginning work that it is performing work and shall seek payment for the work. Further, the mechanic’s lien agent notice must contain the following:
    (i) the name, mailing address, and telephone number of the person sending such notice, (ii) the person’s license or certificate number issued by the Board for Contractors pursuant to Chapter 11 (§ 54.1-1100 et seq.) of Title 54.1, if any, and the date such license or certificate was issued and the date such license or certificate expires, (iii) the building permit number on the building permit, (iv) a description of the property as shown on the building permit, and (v) a statement that the person filing such notice seeks payment for labor performed or material furnished.
    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

    VOSH Jumps Into the Employee Misclassification Pool

    February 23, 2016 —
    The proper classification of workers by construction companies has been on the radar of the Department of Labor for both the US and Virginia governments for quite a while. While most of the misclassification is innocent and not done to create issues, there have been enough instances of purposeful misclassification of certain workers as independent contractors (thus avoiding workers comp and other payroll expenses) that innocent contractors have born the brunt of these issues through increased payroll costs over those that misclassify (in the form of necessarily higher bids, higher overhead, etc.). As an additional deterrent to improper classification of workers, the Virginia Department of Labor and Industry has issued guidelines for what will occur in Virginia Department of Safety and Health (VOSH) cases. Read the court decision
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    Reprinted courtesy of Christopher G. Hill, Law Office of Christopher G. Hill, PC
    Mr. Hill may be contacted at chrisghill@constructionlawva.com