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    Home Builders & Remo Assn of Fairfield Co
    Local # 0780
    433 Meadow St
    Fairfield, CT 06824

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    Local # 0740
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    Salem, CT 06420

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    Local # 0720
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    Local # 0755
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    Local # 0710
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    Building Expert News and Information
    For Fairfield Connecticut


    Differing Site Conditions Produce Differing Challenges

    Los Angeles Delays ‘Mansion Tax’ Spending Amid Legal Fight

    New Orleans Reviews System After Storm Swamps Pumps

    Anatomy of a Construction Dispute- An Alternative

    “Families First Coronavirus Response Act”: Emergency Paid Leave for Construction Employers with Fewer Than 500 Employees

    Phoenix Flood Victims Can’t Catch a Break as Storm Nears

    Michigan Supreme Court Concludes No Statute of Repose on Breach of Contract

    More Thoughts on “Green” (the Practice, not the Color) Building

    Insured's Motion for Reconsideration on Denial of Coverage Unsuccessful

    Insurer Must Cover Portions of Arbitration Award

    Brooklyn’s Industry City to Get $1 Billion Modernization

    Hennigh Law Corporation Wins Award Against Viracon, Inc In Defective Gray PIB Case

    Repairing One’s Own Work and the one Year Statute of Limitations to Sue a Miller Act Payment Bond

    The Evolution of Construction Defect Trends at West Coast Casualty Seminar

    Construction Halted in Wisconsin Due to Alleged Bid Issues

    At Least 46 Killed in Taiwanese Apartment Building Inferno

    Contractor’s Unwritten Contractual Claim Denied by Sovereign Immunity; Mandamus Does Not Help

    Daniel Ferhat Receives Two Awards for Service to the Legal Community

    Determining Duty to Defend in Wisconsin Does Not Include Extrinsic Evidence

    Construction Litigation Roundup: “Give a Little Extra …”

    The 411 on the New 415 Location of the Golden State Warriors

    Hartford Stadium Controversy Still Unresolved

    Cincinnati Goes Green

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

    Delaware “occurrence” and exclusions j(5) and j(6)

    Want to Make Your Jobsite Safer? Look to the Skies.

    Reminder About the Upcoming Mechanic’s Lien Form Change

    It’s a COVID-19 Pandemic; It’s Everywhere – New Cal. Bill to Make Insurers Prove Otherwise

    BHA Sponsors the 9th Annual Construction Law Institute

    Harmon Towers Case to Last into 2014

    Implications for Industry as Supreme Court Curbs EPA's Authority

    Safer Schools Rendered Unsafe Due to Construction Defects

    Court of Appeals Finds Additional Insured Coverage Despite “Care, Custody or Control” Exclusion

    Haight’s 2020 San Diego Super Lawyers and Rising Stars

    Federal Court Finds Occurrence for Faulty Workmanship Under Virginia Law

    Schools Remain Top Priority in Carolinas as Cleanup From Storms Continues

    Hovnanian Reports “A Year of Solid Profitability”

    Protect Your Right To Payment By Following Nedd

    In a Win for Property Owners California Court Expands and Clarifies Privette Doctrine

    Differing Rulings On Construction Defect Claims Leave Unanswered Questions For Builders, and Construction Practice Groups. Impact to CGL Carriers, General Contractors, Builders Remains Unclear

    Axa Unveils Plans to Transform ‘Stump’ Into London Skyscraper

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    After Sixty Years, Subcontractors are Back in the Driver’s Seat in Bidding on California Construction Projects

    Submitting Claims on Government Projects Can Be Tricky

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    Several Lewis Brisbois Partners Recognized by Sacramento Magazine in List of Top Lawyers

    New Opportunities for “Small” Construction Contractors as SBA Adjusts Its Size Standards Again Due to Unprecedented Inflation

    Coverage Denied for Faulty Blasting and Improper Fill

    Connecting IoT Data to BIM

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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

    Rise in Single-Family Construction Anticipated in Michigan

    December 04, 2013 —
    Things are looking up for Michigan home builders. Rovert Filka, the chief executive officer of the Home Builders Association of Michigan said that “home values are starting to rise as a result of so little production over the last five years.” The group anticipates that about 14,000 new homes will be built in Michigan over the next year. Jason Burton, owner of Price Right Builders, noted that the increase in building has been slow. “Locally we are seeing the climb, but it’s a slow climb,” he said. “We’ve got a long way to go to get back to where we were.” Read the court decision
    Read the full story...
    Reprinted courtesy of

    Disappointment on an Olympian Scale After Rio 2016 Summer Games

    February 23, 2017 —
    The single word to describe the sports infrastructure created for the Rio 2016 Olympic Games is abandonment. Uncertainty over the future of the dilapidated sports stadiums and arenas threatens the legacy of the Olympics, which ended five months ago. Read the court decision
    Read the full story...
    Reprinted courtesy of Augusto Diniz, O Empreiteiro, ENR
    ENR may be contacted at ENR.com@bnpmedia.com

    Title II under ADA Applicable to Public Rights-of-Way, Parks and Other Recreation Areas

    June 29, 2017 —
    Plaintiff Ivana Kirola, who suffers from cerebral palsy, sued the City and County of San Francisco, in a class action contending certain public areas, including rights-of-way, pools, parks and other recreation areas, did not meet the mandate of Title II of the American With Disabilities Act (Kirola v. City and County of San Francisco, 9th Circuit Court of Appeals, No. 14-17521, 2017 DJDAR 5982). Title II provides that no qualified individual with a disability “shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity.” Title II’s implementing regulations mandate that each facility constructed after January 26, 1992 be “readily accessible to and usable by individuals with disabilities.” And, for each facility “altered after January 26, 1992,” the altered portion must, “to the maximum extent feasible,” be likewise accessible. The Federal Architectural and Transportation Barriers Compliance Board creates nonbinding Americans With Disabilities Act Accessibility Guidelines (ADAAG) to ensure compliance with Title II, and that the Department of Justice (DOJ) adopt its own binding regulations, consistent with the ADAAG standards. Here, the District Court interpreted ADAAG standards as not applying to public rights-of-way, parks, and playground facilities. The District Court concluded that none of Kirola’s experts were reliable in their interpretation of the standards and how the standards applied to the public rights-of-way, etc. Conversely, the District Court concluded that all of the city’s experts were reliable. It thus disregarded and discarded every ADAAG violation identified by Kirola’s experts, accepting only the small number of violations identified by the city’s experts. Read the court decision
    Read the full story...
    Reprinted courtesy of Richard E. Morton, Haight Brown & Bonesteel LLP
    Mr. Morton may be contacted at rmorton@hbblaw.com

    Construction Contract Provisions that Should Pique Your Interest

    September 30, 2019 —
    Construction contracts are a big part of my legal practice and the drumbeat here at Construction Law Musings. Why? Because not only does your construction contract set the expectations and “rules of the game” for a construction project, it will be read strictly and literally by the Virginia courts should there be a dispute. For these reasons, construction professionals need to be alert for the language in certain key clauses in a construction contract to assure that these clauses are as balanced as possible and also well understood. Here are my “Top Five”:
    1. “Pay if Paid”- These clauses are almost always in the subcontracts between a general contractor and a subcontractor and are enforceable in Virginia if drafted correctly and under the proper circumstances.
    2. Change Orders- Whether work is subject to a change order and the required payment for any changed work are often a key source of contention (read legal fees). A properly drafted and followed change order provision can help avoid much of this contention.
    3. Indemnity- Much has been made in recent years about indemnity provisions and their enforceability. All parties in the construction payment chain can and should be aware of how to best draft their indemnity provisions to make them enforceable. Failure to do so can be catastrophic.
    Read the court decision
    Read the full story...
    Reprinted courtesy of The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at chrisghill@constructionlawva.com

    Where Do We Go From Here?

    March 21, 2022 —
    Green Builder CoalitionFor this week’s Guest Post Friday, I welcome an old friend and past Guest Post Friday contributor, Mike Collignon. Mike is the Co-Founder and Executive Director of the Green Builder® Coalition. He engages in national and state-level advocacy and publishes regular content for Green Builder® Media. Mike is also the Chair of the WERS Development Group and has served as the moderator or host for Green Builder® Media’s Impact Series webinars from 2012– present. This post originally appeared on Green Builder® Media’s Code Watcher. Do you ever have a line from a song just pop into your head? I get that… a lot. It’s probably due to my lifelong love of music. Anyway, while I was researching this column, the line that cites the title of “Where Do We Go From Here?” by Filter started playing between my ears. You’ll see why in a couple of minutes. In case you didn’t read about it here or elsewhere, the IECC development process has undergone an overhaul. It is now following a standards process, yet it retains the word “code” in the name. The residential committee (which is the scope of this column) is now a consensus committee and has been greatly expanded. Proposals are still submitted, reviewed and voted on by the committee. On the surface, it doesn’t sound like much has changed. As they say, the devil is always in the details. Read the court decision
    Read the full story...
    Reprinted courtesy of The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at chrisghill@constructionlawva.com

    Seven Key Issues for Construction Professionals to Consider When Dealing With COVID-19

    April 13, 2020 —
    By now every construction professional has been inundated with articles regarding the impacts of COVID-19 on the construction industry. The sheer volume of information is overwhelming and changes by the hour. This article is intended to summarize key issues affecting construction professionals and serve as a general road map for navigating the crisis. 1. Determine Project Status The first consideration is whether the construction projects at issue are allowed to proceed given “shelter in place” and related orders. Generally speaking, Governor Newsom has deemed construction to be essential and, therefore, exempt from California’s “Safer at Home” order. There is some debate as to whether the governor’s order takes priority over contradictory local (City and County) orders. For example, some Northern California counties and the City of Berkeley have issued orders expressly providing that their local orders legally supersede the State order because the local orders are more restrictive. If a local ordinance, public entity representative, or the project owner orders the project to shut down, the parties will need to make a fact specific determination regarding how to proceed at that time. If the project proceeds, employee safety is paramount. In the City of Los Angeles employers are required to develop a “comprehensive COVID-19 exposure control plan” that includes a laundry list of safety requirements. Regardless of the jurisdiction, the parties must err on the side of caution and comply with social distancing (six feet), refrain from holding meetings, and close the project to the public. Anyone who can work remotely should be encouraged to do so. Read the court decision
    Read the full story...
    Reprinted courtesy of Jason Adams, Gibbs Giden
    Mr. Adams may be contacted at jadams@gibbsgiden.com

    Homebuilding on the Rise in Nation’s Capitol

    November 07, 2012 —
    Is the homebuilding crunch over in DC? The Washington Post has reported that while new home construction is up throughout the country, in the DC area, construction has reached levels last seen in 2006. From January to August 2012, there were more than 19,000 building permits issued in the area, nearly doubling the number issued by that point in 2011. While building is on a quicker pace, what’s being built has changed. As compared to 2006, there are more townhomes, condos, and smaller homes being built. The article notes that 11 percent of new construction is condos, while in 2006, it was only 5 percent. Read the court decision
    Read the full story...
    Reprinted courtesy of

    Pennsylvania Supreme Court Will Not Address Trigger for DEP Environmental Cleanup Action at This Time

    August 14, 2018 —
    On July 18, 2018, in Pennsylvania Manufacturers’ Association Insurance Company v. Johnson Matthey, Inc., et al., No. 24 MAP 2017 (Pa. July 18, 2018), the Pennsylvania Supreme Court quashed the Pennsylvania Manufacturers’ Association’s (PMA) appeal seeking review of a ruling denying its motion for summary judgment for an order that coverage for the cleanup of a toxic waste site is limited to the policy in effect when property damage was first discovered. In short, the court found the lower court’s ruling only narrowed the dispute between the parties and is, therefore, interlocutory and not appealable at this time. Read the court decision
    Read the full story...
    Reprinted courtesy of Gregory Capps, White & Williams LLP
    Mr. Capps may be contacted at cappsg@whiteandwilliams.com