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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

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    Local # 0700
    3 Regency Dr Ste 204
    Bloomfield, CT 06002

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    My Construction Law Wish List

    Negligent Failure to Respond to Settlement Offer Is Not Bad Faith

    Insured's Failure to Challenge Trial Court's Application of Exclusion Makes Appeal Futile

    Fifth Circuit Decision on Number of Occurrences Underscores Need to Carefully Tailor Your Insurance Program

    Water Seepage, Ensuing Mold Damage Covered by Homeowner's Policy

    Quick Note: Do Your Homework When it Comes to Selecting Your Arbitrator

    Changes to Pennsylvania Mechanic’s Lien Code

    Florida Construction Defect Decision Part of Lengthy Evolution

    Prompt Payment More Likely on Residential Construction Jobs Than Commercial or Public Jobs

    Colorado’s Three-Bill Approach to Alleged Construction Defect Issues

    Are We Headed for a Work Shortage?

    Voluntary Payments Affirmative Defense Does Not Apply in Contract Cases

    Let it Shine: California Mandates Rooftop Solar for New Residential Construction

    Construction Litigation Roundup: “Sudden Death”

    NYC Condo Skyscraper's Builder Wins a Round -- With a Catch

    Liquidated Damages: A Dangerous Afterthought

    Understand and Define Key Substantive Contract Provisions

    Following Mishaps, D.C. Metro Presses on With Repairs

    Changing Course Midstream Did Not Work in River Dredging Project

    Owners Bound by Arbitration Clause on Roofing Shingles Packaging

    Planes, Trains and Prevailing Wages. Ok, No Planes, But Trains and Prevailing Wages Yes

    Insured's Complaint Against Flood Insurer Survives Motion to Dismiss

    Washington Court of Appeals Upholds Standard of Repose in Fruit Warehouse Case

    Municipalities Owe a Duty to Pedestrians Regardless of Whether a Sidewalk Presents an “Open and Obvious” Hazardous Condition. (WA)

    BWB&O Expands to North San Diego

    Contractor Manslaughter? Safety Shortcuts Are Not Worth It

    Best Lawyers Honors 48 Lewis Brisbois Attorneys, Recognizes Four Partners as 'Lawyers of the Year'

    What ENR.com Construction News Gained the Most Views

    OSHA Announces Expansion of “Severe Violator Enforcement Program”

    Conflicts of Laws, Deficiency Actions, and Statutes of Limitations – Oh My!

    SFAA Commends Congress for Maintaining Current Bonding Protection Levels in National Defense Authorization Act (NDAA)

    Sales of New U.S. Homes Rose More Than Forecast to End 2014

    Employees in Construction Industry Entitled to Compensation for Time Spent Complying with Employer-Mandated Security Protocols

    CA Supreme Court: Right to Repair Act (SB 800) is the Exclusive Remedy for Residential Construction Defect Claims – So Now What?

    State-Fed Fight Heats Up Over Building Private Nuclear Disposal Sites

    SunCal Buys Oak Knoll Development for the Second Time

    Safeguarding the U.S. Construction Industry from Unfair Competition Abroad

    Employees Versus Independent Contractors

    Connecticut Court Finds Anti-Concurrent Causation Clause Enforceable

    Elyria, Ohio, to Invest $250M to Halt Illegal Sewage into Black River

    Contractor Sues Yelp Reviewer for Defamation

    7 Areas where Technology is Shifting the Construction Business

    Insurer's Appeal of Jury Verdict Rejected by Tenth Circuit

    This Company Wants to Cut Emissions to Zero in the Dirty Cement Business

    Environmental Roundup – May 2019

    Judge Rejects Extrapolation, Harmon Tower to Remain Standing

    Pensacola Bridge Halted Due to Alleged Construction Defects

    Home Numbers Remain Small While Homes Get Bigger

    Insured's Claim for Water Damage Dismissed with Leave to Amend

    Update – Property Owner’s Defense Goes up in Smoke in Careless Smoking Case
    Corporate Profile

    FAIRFIELD CONNECTICUT BUILDING EXPERT
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    Leveraging from more than 7,000 construction defect and claims related expert witness designations, the Fairfield, Connecticut Building Expert Group provides a wide range of trial support and consulting services to Fairfield's most acknowledged construction practice groups, CGL carriers, builders, owners, and public agencies. Drawing from a diverse pool of construction and design professionals, BHA is able to simultaneously analyze complex claims from the perspective of design, engineering, cost, or standard of care.

    Building Expert News & Info
    Fairfield, Connecticut

    Brazil World Cup Soccer Crisis Deepens With Eighth Worker Death

    May 13, 2014 —
    Brazil’s troubled World Cup staging efforts suffered another setback today following the electrocution death of a worker at one of the stadiums still under construction. Mohammed Ali, 32, was killed while working in the Arena Pantanal in Cuiaba, said Renata Martins, a spokeswoman for the state of Mato Grosso, where the venue is located. Ali’s death is the eighth construction related fatality at Brazil’s 12 World Cup venues and comes 35 days before the tournament opens on June 12 in Sao Paulo’s Corinthians Arena, another facility where work remains. The Cuiaba stadium, which will host four games starting with Chile playing Australia on June 13, is still missing 5,000 seats. Read the court decision
    Read the full story...
    Reprinted courtesy of Tariq Panja, Bloomberg
    Mr. Panja may be contacted at tpanja@bloomberg.net

    FHFA’s Watt Says Debt Cuts Possible for Underwater Homeowners

    February 05, 2015 —
    (Bloomberg) -- Fannie Mae and Freddie Mac’s overseer wants to allow debt cuts for a narrow group of borrowers who owe more than their homes are worth. The trick is figuring out a way to do it without incurring costs for taxpayers. Federal Housing Finance Agency Director Melvin L. Watt told reporters Wednesday that he is still studying the idea of reducing principal on properties with depressed values, a step backed by housing advocates and Democratic lawmakers. Read the court decision
    Read the full story...
    Reprinted courtesy of Clea Benson, Bloomberg

    Jobsite Safety, Workforce Shortage Drive Innovation in Machine Automation

    August 07, 2018 —
    From driverless cars and drones, to robots working in operating rooms, manufacturing plants and fast food restaurants, machine automation is making headlines – and will continue to do so for the foreseeable future. And when it comes to machine automation, the construction industry is poised to be a hotbed of innovation. Equipment manufacturers and technology providers in the construction industry have the benefit of using the lessons learned from the manufacturing and automotive industries to meet the needs of contractors, project owners and machine operators through more efficient, highly automated equipment. According to the Society of Automotive Engineers (SAE), there are six stages of automation, ranging from zero autonomy to full automation, where a vehicle is capable of performing all driving functions under all conditions. The construction industry is somewhere in the middle of these six stages, with some automation functionality available on some equipment today, but still requiring an operator to remain engaged with the driving task and the environment. Reprinted courtesy of Scott Crozier, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
    Read the full story...
    Reprinted courtesy of

    NYT Points to Foreign Minister and Carlos Slim for Collapse of Mexico City Metro

    July 11, 2021 —
    The collapse last month of a section of a Mexico City metro line that killed 26 people was likely due to poor construction by Mexican tycoon Carlos Slim’s Grupo Carso while foreign minister Marcelo Ebrard was mayor, according to a New York Times investigation. Problems were identified in the original construction by Slim’s company Carso Infrastructure and Construction, and the collapse was probably caused by bad welding of the steel studs that served as linchpins of the structure, the report revealed. The job may have been rushed because Ebrard sought to open the subway before his mayoral term ended in 2012, the Times said. Read the court decision
    Read the full story...
    Reprinted courtesy of Amy Stillman, Bloomberg

    New York’s Second Department Holds That Carrier Must Pay Judgment Obtained by Plaintiff as Carrier Did Not Meet Burden to Prove Willful Non-Cooperation

    November 23, 2020 —
    In the recent case of DeLuca v. RLI Insurance Company, 2020 WL 5931054 (October 7, 2020), the Supreme Court, Appellate Division, Second Department held that RLI had a duty to pay a judgment obtained by an underlying plaintiff against RLI’s insured, MLSC. The underlying plaintiff brought the action directly against the carrier after obtaining a judgment against MLSC, and when the judgment remained unsatisfied, serving RLI with the judgment. As an initial matter, the court found that the direct action by the plaintiff was proper under New York Insurance Law 3420(a), which allows for an injured plaintiff to maintain a direct action against a carrier if a judgment against that carrier’s insured remains unsatisfied for a period of 30 days and the carrier is served with that judgment. In that event, the plaintiff steps into the shoes of the insured and is entitled to the rights of the insured (and is also subject to the carrier’s coverage defenses). Reprinted courtesy of Craig Rokuson, Traub Lieberman Mr. Rokuson may be contacted at crokuson@tlsslaw.com Read the full story... Read the court decision
    Read the full story...
    Reprinted courtesy of

    Smart Home Products go Mainstream as Consumer Demand Increases

    November 05, 2014 —
    Gigaom reported that Wal-Mart announced yesterday that they will begin selling Insteon gear, one of the Smart Home products, in 1,500 of its stores across the country. "The products in store will include a starter kit, motion sensors, dimmers, IP cameras, LED bulbs, leak sensors and door/window sensors among others. Wal-Mart also sells Chamberlain gear and a few other connected devices on its web site." According to Builder, a Savant survey demonstrated that "Americans are eager for home automation, proving that technology is a great way for builders to distinguish their new homes from the rest of the market." In another article, Gigaom announced that Netgear will be introducing a line of Smart Home products under the name Arlo. Read the full story, Gigaom, Wal-Mart now sells Insteon gear... Read the full story, Gigaom, Netgear launches its Arlo smart home brand with a camera... Read the full story, Builder... Read the court decision
    Read the full story...
    Reprinted courtesy of

    Ohio “property damage” caused by an “occurrence.”

    May 18, 2011 —

    In JTO, Inc. v. State Automobile Mut. Ins. Co., No. 2010-L-062 (Ohio Ct. App. March 25, 2011), general contractor JTO was sued by hotel project owner Marriott for breach of contract and warranties seeking damages for the repair of construction defects resulting in moisture penetration property damage to interior components. JTO filed a third party complaint against subcontractor Farizel and also tendered its defense as an additional insured under Farizel’s State Auto CGL policy.

    Read the full story…

    Reprinted courtesy of CDCoverage.com


    Census Bureau, HUD Show Declines in Residential Construction

    May 17, 2011 – CDJ Staff

    The U.S. Census Bureau and the Department of Housing and Urban Development released their summary of residential construction for April 2011 on May 17.

    Building permits for privately owned housing units were down 4% from last month and 12% from last year. Similarly, privately-owned housing starts were down 10% from March and 23% below the previous year.

    For further details, read the Census Bureau/HUD report

    Read the court decision
    Read the full story...
    Reprinted courtesy of

    Condominium Construction Defect Resolution in the District of Columbia

    October 26, 2017 —
    Newly constructed and newly converted condominiums in the District of Columbia often contain concealed or “latent” construction defects. Left undetected and unrepaired, defects in the construction of a condominium can cause extensive damage over time, requiring associations to assess their members substantial repair costs that could have been avoided by making timely developer warranty claims. This article provides a general overview of how Washington DC condominium associations transitioning from developer control can proactively and successfully identify defects and resolve construction defect claims with condominium developers and builders. Condominium Association Responsibility for Timely Evaluation of Common Element Construction Condominium associations are charged with the responsibility of overseeing and maintaining condominium common element facilities, typically consisting of building roofs, exterior walls, foundations, lobbies, common hallways, elevators, surrounding grounds, and the common structural mechanical, electrical, and plumbing systems. Following the period of developer control, it is incumbent upon a condominium association’s first unit owner elected board of directors to evaluate the construction of the condominium common element facilities and determine whether the existing, developer-created, budget and reserve fund are adequate to cover the cost of maintaining, repairing, and ultimately replacing the condominium facilities over time. Read the court decision
    Read the full story...
    Reprinted courtesy of Nicholas D. Cowie, Cowie & Mott, P.A.
    Mr. Cowie may be contacted at ndc@cowiemott.com