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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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    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


    Hawaii Supreme Court Tackles "Other Insurance" Issues

    Account for the Imposition of Material Tariffs in your Construction Contract

    Lenders and Post-Foreclosure Purchasers Have Standing to Make Construction Defect Claims for After-Discovered Conditions

    CLB Recommends Extensive Hawaii Contractor License Changes

    Your Construction Contract

    Traub Lieberman Partner Katie Keller and Associate Steven Hollis Obtain Summary Judgment Based on Plaintiff’s Failure to Comply with Policy Conditions

    Ohio subcontractor work exception to the “your work” exclusion

    Ownership is Not a Conclusive Factor for Ongoing Operations Additional Insured Coverage

    Florida Appeals Court Rules in Favor of Homeowners Unaware of Construction Defects and Lack of Permits

    Contractors: Beware the Subordination Clause

    Construction Defect Dispute Governed by Contract Disputes Act not yet Suited to being a "Suit"

    Bad Faith Jury Verdict Upheld After Insurer's Failure to Settle Within Policy Limits

    Does Your U.S. Company Pull Data From European Citizens? Fall In Line With GDPR by May 2018 or Suffer Substantial Fines

    The Unthinkable Has Happened. How Should Contractors Respond?

    Texas exclusions j(5) and j(6).

    Will Maryland Beltway Developer's Exit Doom $7.6B P3 Project?

    $24 Million Verdict Against Material Supplier Overturned Where Plaintiff Failed to Prove Supplier’s Negligence or Breach of Contract Caused an SB800 Violation

    Unpredictable Opinion Regarding Construction Lien (Reinstatement??)

    Construction Defects as Occurrences, Better Decided in Law than in Courts

    Senior Housing Surplus Seen as Boomers Spur Building Boom

    Federal Judge Strikes Down CDC’s COVID-19 Eviction Moratorium

    Lessons Learned from Implementing Infrastructure BIM in Helsinki

    Safe Harbors- not just for Sailors anymore (or, why advance planning can prevent claims of defective plans & specs) (law note)

    Real Estate & Construction News Roundup (08/08/23) – Buy and Sell With AI, Urban Real Estate Demand and Increasing Energy Costs

    West Coast Casualty’s Quarter Century of Service

    Las Vegas Harmon Hotel to be Demolished without Opening

    Colorado Construction Defect Action Reform: HB 17-1279 Approved by Colorado Legislature; Governor’s Approval Imminent

    NTSB Cites Design Errors in Fatal Bridge Collapse

    The Goldilocks Rule: Panel Rejects Proposed Insurer-Specific MDL Proceedings for Four Large Insurers, but Establishes MDL Proceeding for the Smallest

    This Is the Most Remote and Magical Hotel on Earth

    No Occurrence Where Contract Provides for Delays

    Potential Pitfalls Under the Contract Disputes Act for Federal Government Contractors

    Avoiding Disaster Due to Improper Licensing

    Ohio Supreme Court Holds No Occurence Arises from Subcontractor's Faulty Workmanship

    Energy Company Covered for Business Interruption Losses Caused by Fire and Resulting in Town-Ordered Shutdown

    Additional Insured Not Entitled to Coverage for Named Insured's Defective Work

    Texas covered versus uncovered allocation and “legally obligated to pay.”

    XL Group Pairs with America Contractor’s Insurance Group to Improve Quality of Construction

    New Jersey Court Adopts Continuous Trigger for Construction Defect Claims

    Appraisal Process Analyzed

    Ruling Closes the Loop on Restrictive Additional Insured Endorsement – Reasonable Expectations of Insured Builder Prevails Over Intent of Insurer

    Freddie Mac Eases Mortgage Rules to Limit Putbacks

    Minnesota Civil Engineers Give the State's Infrastructure a "C" Grade for the Second Time

    Design Immunity of Public Entities: Sometimes Designs, Like Recipes, are Best Left Alone

    High Court Could Alter Point-Source Discharge Definition in Taking Clean-Water Case

    New York Signs Biggest Offshore Wind Project Deal in the Nation

    Make Sure to Properly Perfect and Preserve Construction Lien Rights

    Hawaii Supreme Court Finds Excess Can Sue Primary for Equitable Subrogation

    Fungi, Wet Rot, Dry Rot and "Virus": One of These Things is Not Like the Other

    Key Legal Issues to Consider Before and After Natural Disasters
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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

    U.S. Firm Helps Thais to Pump Water From Cave to Save Boys

    August 14, 2018 —
    Like much of the world, Patrick Decker has been engrossed in the saga of 12 boys and their soccer coach who became trapped in a flooded cave in Thailand. Unlike most, Decker is in a position to do something about it. As chief executive officer of Xylem Inc., one of the world’s top water technology firms, Decker spent much of last week reaching out to Thai officials and mobilizing his company of 17,000 employees to help. Decker said he sent four engineers to the cave site, and they assisted rescuers by boosting pumping power 40 percent. Thai Navy SEALs and international cave diving experts extracted eight boys over Sunday and Monday. Read the court decision
    Read the full story...
    Reprinted courtesy of Dan Murtaugh, Bloomberg

    Construction Defects #10 On DBJ’s Top News Stories of 2015

    December 10, 2015 —
    The Denver Business Journal’s top 15 news stories of 2015 covers the “Battle Over Construction Defects.” Some developers and other groups have blamed the lack of condominium development in Denver and other Colorado cities on the state’s defect laws. After a construction-defects reform bill failed to pass the Colorado Legislature, several cities passed construction defect-related ordinances, according to the Denver Business Journal: “In November the Denver City Council voted 12-1 to approve an ordinance aimed at making it harder to file class-action lawsuits over construction defects within the city.” Read the court decision
    Read the full story...
    Reprinted courtesy of

    I-35W Bridge Collapse may be Due to “Inadequate Load Capacity”

    January 22, 2014 —
    The Crookston Times reports that the I-35W Bridge collapse that occurred five years ago in Minneapolis, Minnesota, killing 13 people and injuring another 145, may have been caused by “inadequate load capacity.” The National Transportation Safety Board (NTSB) report stated that it is “a simple design flaw in metal plates that help connect one steel beam to another.” Due to the findings, “the NTSB set new safety recommendations for bridge design plans, bridge inspection and training of bridge inspectors.” Read the court decision
    Read the full story...
    Reprinted courtesy of

    When is Mediation Appropriate for Your Construction Case?

    May 07, 2015 —
    Here at Construction Law Musings, I have often discussed mediation as a good alternative to the expense and headaches of litigation. What I have discussed less often are the circumstances in which it is most appropriate to consider or even push for mediation. The obvious and clearest time that mediation must be used is where the contract requires it. Many construction contracts, including those from the AIA (when the parties check the appropriate box) require mediation as a prerequisite to arbitration or litigation. As is almost always the case in Virginia, this clause will be enforced. In short, if your construction contract has such a clause, and despite my reservations about “mandatory mediation,” you need to at least go through the process before moving forward with your construction claim. The more interesting case is where no such clause exists and the parties reach an impasse, sometimes prior to litigation and often after the filing of a construction complaint or demand for arbitration. What questions should you as a construction attorney be asking both to and about your construction clients before attempting mediation? 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

    Best Practices After Receiving Notice of a Construction Claim

    July 18, 2022 —
    Being served with a lawsuit is typically not a welcomed experience. However, a construction professional that has been proactive in an early investigation of the claim will be better equipped to defend the case. The following best practices should be used by construction professionals as soon as a potential claim becomes evident. Notify Immediately after the receipt of a claim or notice of an incident, efforts should be made to notify all essential parties. This includes any potential insurers that may provide coverage for the claim as well as any parties to whom notice may be required or warranted under the project contract and/or scope of work. Some construction contracts contain an insurance clause that requires one party to provide additional insured coverage under its liability policy to another party. Notice should be given to any insurer that potentially provides additional insured coverage as soon as possible. The failure to provide an insurance company with prompt notice of a potential claim could result in the denial of the claim. Reprinted courtesy of Lauren Meadows, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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    Reprinted courtesy of

    Congratulations to Partner Nicole Whyte on Being Chosen to Receive The 2024 ADL’s Marcus Kaufman Jurisprudence Award

    May 28, 2024 —
    Bremer Whyte Brown & O’Meara, LLP is proud to announce Founder/CEO Nicole Whyte has been chosen by the Orange County/Long Beach region of the Anti-Defamation League (“ADL”) to receive the 2024 ADL’s Marcus Kaufman Jurisprudence Award. The ADL annual Jurisprudence Dinner, at which Nicole will be honored along with the Hon. Kirk Nakamura (retired) and Michael Ermer, will be held on Thursday, September 19, 2024, at the Turnip Rose Promenade in Costa Mesa. Congratulations to Nicole for her lifetime of service not only to Bremer Whyte Brown & O’Meara, LLP but also to the larger community. Immediate past recipients include Brian Farrell, the Hon. Glenda Sanders (retired), and Eric Trout. Read the court decision
    Read the full story...
    Reprinted courtesy of Bremer Whyte Brown & O'Meara LLP

    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

    Gut Feeling Does Not Disqualify Expert Opinion

    July 06, 2011 —

    The New Jersey Supreme Court issued a ruling in June on the case of Nevins v. Toll in which they reversed an earlier decision and remanded the case to a lower court for retrial. At issue in the case was the testimony of the plaintiff’s expert, J. Anthony Dowling. In depositions, Mr. Dowling said that his estimates for repair were based on a “gut feeling.” Dowling said he had “very little” experience in cost estimates for single-family homes. The defendants sought to bar Dowling’s testimony which was granted by the judge. Without an expert, Ms. Nevin’s case was dismissed.

    Describing Dowling’s report as “far from a model of how an expert’s opinion in a construction case should be presented,” the court noted that Dowling is not a professional expert witness. However, the court did note that Dowling is a professional cost estimator. Despite Mr. Dowling using his “gut feeling” to construct his estimate, the New Jersey Supreme Court felt that whether his estimate is convincing is “a question for the jury.”

    Read the court’s opinion…

    Read the court decision
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    Reprinted courtesy of