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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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    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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    Home Builders Association of Connecticut (State)
    Local # 0700
    3 Regency Dr Ste 204
    Bloomfield, CT 06002

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    Building Expert News and Information
    For Fairfield Connecticut


    Michigan Court of Appeals Remands Construction Defect Case

    The Future Looks Bright for Construction in 2015

    New Case Alert: Oregon Supreme Court Prohibits Insurer’s Attempt to Relitigate Insured’s Liability

    Implementation of CA Building Energy Efficiency Standards Delayed

    Gillotti v. Stewart (2017) 2017 WL 1488711 Rejects Liberty Mutual, Holding Once Again that the Right to Repair Act is the Exclusive Remedy for Construction Defect Claims

    Two More Lawsuits Filed Over COVID-19 Business Interruption Losses

    Appraisers’ Failure to Perform Assessment of Property’s Existence or Damage is Reversible Error

    Real Estate & Construction News Round-Up (11/16/22) – Backlog Shifts, Green Battery Storage, and Russia-Ukraine Updates

    Residential Contractors, Be Sure to Have these Clauses in Your Contracts

    Coffee Beans, Mars and the 50 States: Civil Code 1542 Waivers and Latent Defects

    Statute of Limitations Upheld in Construction Defect Case

    Housing Bill Threatened by Rift on Help for Disadvantaged

    Tension Over Municipal Gas Bans Creates Uncertainty for Real Estate Developers

    Common Law Indemnity Claim Affirmed on Justifiable Beliefs

    Louis "Dutch" Schotemeyer Returns to Newmeyer Dillion as Partner in Newport Beach Office

    Business Risk Exclusions Bar Faulty Workmanship Claim

    Texas Windstorm Insurance Agency Under Scrutiny

    Safety Accusations Fly in Dispute Between New York Developer and Contractor

    Practical Pointers for Change Orders on Commercial Construction Contracts

    One to Watch: Case Takes on Economic Loss Rule and Professional Duties

    State Farm to Build Multi-Use Complex in Dallas Area

    Reminder: Your Accounting and Other Records Matter

    California Contractors – You Should Know That Section 7141.5 May Be Your Golden Ticket

    Condominium Construction Defect Resolution in the District of Columbia

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

    Risk Management and Contracting after Hurricane Irma: Suggestions to Avoid a Second Disaster

    Eighth Circuit Remands to Determine Applicability of Collapse Exclusion

    Gordon & Rees Ranked #4 of Top 50 Construction Law Firms in the Nation by Construction Executive Magazine

    CDJ’s Year-End Review: The Top 12 CD Topics of 2015

    Georgia Amends Anti-Indemnity Statute

    New Jersey Construction Worker Sentenced for Home Repair Fraud

    Wendel Rosen’s Construction Practice Group Receives First Tier Ranking by U.S. News and World Reports

    Construction Law Client Alert: California Is One Step Closer to Prohibiting Type I Indemnity Agreements In Private Commercial Projects

    Economic Loss Rule Bars Claims Against Manufacturer

    10-story Mass Timber 'Rocking' Frame Sails Through Seismic Shake Tests

    And the Cyber-Beat Goes On. Yet Another Cyber Regulatory Focus for Insurers

    Federal Court Asks South Dakota Supreme Court to Decide Whether Injunction Costs Are “Damages,” Adopts Restatement’s Position on Providing “Inadequate” Defense

    Define the Forum and Scope of Recovery in Contract Disputes

    Business Interruption Claim Upheld

    When Are General Conditions and General Requirements Covered by Builder's Risk

    Judge Rejects Extrapolation, Harmon Tower to Remain Standing

    Six Inducted into California Homebuilding Hall of Fame

    Ninth Circuit Reverses Grant of Summary Judgment to Insurer For Fortuitous Loss

    New York Court Narrowly Interprets “Expected or Intended Injury” Exclusion in Win for Policyholder

    Don MacGregor of Bert L. Howe & Associates Awarded Silver Star Award at WCC Construction Defect Seminar

    Is It Time to Revisit Construction Defects in Kentucky?

    North Carolina Exclusion j(6) “That Particular Part”

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    Amazon Can be Held Strictly Liable as a Product Seller in New Jersey

    Property Damage to Insured's Own Work is Not Covered
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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

    A Court-Side Seat: An End-of-Year Environmental Update

    January 09, 2023 —
    As 2022 draws to a close, here is a brief description of recent environmental and regulatory law rulings, as well as new federal rulemaking proceedings. United States Tax Court
    Green Valley Investors, LLC et al, v. Commissioner of Internal Revenue On November 9, 2022, the Tax Court agreed with the taxpayers that the IRS’s use of administrative Notice 2017-10 to impose substantial tax liabilities violated the Administrative Procedure Act (APA). The notice was the agency’s response to a provision in the American Jobs Creation Act of 2004 which increased the penalties for engaging in a reportable transaction understatement. Here, at issue was the value of charitable deductions generated by the creation of environmental easements made in connection with land transactions. These claimed deductions amounted to more than $60 million. The petitioners argued that IRS Notice 2017-10, which authorized such large penalties, was in fact a “legislative rule” whose promulgation should have complied with the notice and comment requirements of the APA. The agency contended that the Congress, by implication, absolved the IRS from the notice and comment requirements. The court agreed with the petitioners and set aside Notice 2017-10 and the imposition of penalties under Section 6662A of the Jobs Creation Act. On December 8, 2022, the IRS published a notice of proposed rulemaking that would correct the APA deficiencies noted by the courts. (See 87 FR 75185.)
    Read the court decision
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    Reprinted courtesy of Anthony B. Cavender, Pillsbury
    Mr. Cavender may be contacted at anthony.cavender@pillsburylaw.com

    Hyundai to Pay 47M to Settle Construction Equipment's Alleged Clean Air Violations

    November 04, 2019 —
    Hyundai Construction Equipment Americas Inc. and its parent company are paying a $47-million civil penalty to settle federal allegations that the company sold construction vehicles that weren't certified to meet the appropriate Clean Air Act emissions standards, federal agencies say. Reprinted courtesy of Tom Ichniowski, Engineering News-Record Mr. Ichniowski may be contacted at ichniowskit@enr.com Read the court decision
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    Reprinted courtesy of

    Are “Green” Building Designations and Certifications Truly Necessary?

    January 28, 2019 —
    As anyone who reads this construction blog on a regular basis knows, I believe that the move to newer sustainable building practices (while bringing about a new or different set of potential risks) is both necessary and laudable. Because of this fact, you may be asking why the headline for today’s post. After all, I am a LEED AP and assisted in the drafting of the LEED/Green Building addendum to the ConsensusDOCS so I must be pro LEED (or any other) certification of buildings. To the extent that such certification encourages best practices and more sustainable building stock, I am pro certification. However, certification is not a necessary carrot to bring builders around to such practices. As a recent article in EcoHome Magazine (thanks to Todd Hawkins at BuilderFish for alerting me to the article) points out, companies are already moving toward these practices with or without certification and it’s added layer of expense. Economic, air quality, and moral (“its the right thing to do”) factors are pushing executives to such practices. According to EcoHome Magazine, while LEED retains the lions share of green certifications, more and more companies are either using internal standards or trying out other certification programs, including Energy Star. 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

    Wreckage Removal Underway at Site of Collapsed Key Bridge in Baltimore, But Weather Slows Progress

    April 15, 2024 —
    Note: The text of this article was updated 4/3/24 to reflect new information. Weather and water conditions are hampering the piece-by-piece process of cutting and removing wreckage from the collapsed Francis Scott Key Bridge in Baltimore, while officials consider potentially utilizing progressive design-build for a replacement bridge. Officials remain uncertain as to how long the meticulous effort to clear the key shipping channel will take. Reprinted courtesy of Jim Parsons, Engineering News-Record ENR may be contacted at enr@enr.com Read the full story... Read the court decision
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    Reprinted courtesy of

    OSHA Advisory Committee, Assemble!

    February 06, 2023 —
    The Occupational Safety and Health Administration (OSHA) has sourced new members for its Advisory Committee on Construction Safety and Health, which was established by the Construction Safety Act to provide “advice and assistance in construction standards and policy matters” to the assistant secretary of labor for occupational safety and health. The committee consists of 15 members, one appointed by the secretary of labor, to represent the interests of employers, employees, state safety and health agencies, in addition to the public. Reprinted courtesy of Rachel E. Pelovitz, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Ms. Pelovitz may be contacted at pelovitz@abc.org Read the full story... Read the court decision
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    Reprinted courtesy of

    Oregon Court of Appeals Rules That Negligent Construction (Construction Defect) Claims Are Subject to a Two-Year Statute of Limitations

    October 20, 2016 —
    Statutes of limitations are distinct from statutes of repose. There is a lot of confusion between the two. Generally, a statute of limitations is a law which sets the maximum period of time which one can wait before filing a lawsuit, depending on the type of case or claim. The periods vary by state and by type of claim. Most states also employ a “discovery rule,” which provides that the statute of limitations does not “accrue” until such time as the plaintiff knew or should have reasonably known that the injury or property damage has occurred. Read the court decision
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    Reprinted courtesy of John P. Ahlers, Ahlers & Cressman, PLLC
    Mr. Ahlers may be contacted at jahlers@ac-lawyers.com

    Lennar Profit Tops Estimates as Home Prices Increase

    March 26, 2014 —
    Lennar Corp. (LEN), the biggest U.S. homebuilder by market value, reported a fiscal first-quarter profit that beat analysts’ estimates as the company sold more homes at increased prices. Net income climbed to $78.1 million, or 35 cents a share, in the three months through February, from $57.5 million, or 26 cents, a year earlier, the Miami-based company said in a statement today. Analysts expected earnings of 28 cents a share, the average of 17 estimates compiled by Bloomberg. Publicly traded builders have been increasing prices to take advantage of a tight supply of new and existing homes while using their economies of scale to reduce costs and widen profit margins. Lennar’s profit, deliveries and orders grew even as inclement weather threatened home sales in much of the U.S. during the quarter, according to Drew Reading, a Bloomberg Industries analyst. “Lennar followed KB Home (KBH) in reporting order trends indicating a strong start to the spring selling season,” Reading said in a note after the earnings were released. Read the court decision
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    Reprinted courtesy of John Gittelsohn, Bloomberg
    Mr. Gittelson may be contacted at johngitt@bloomberg.net

    Insurance Tips for Contractors

    December 08, 2016 —
    Many contractors contentedly accept the insurance policies presented to them by their insurance carriers. However, it is a much better practice to be an active participant in choosing the most appropriate coverage for your business and the specific jobs that you are performing. Use the following tips to be sure your company has the best and most comprehensive coverage.
    1. Never purchase a Commercial General Liability (“CGL”) policy with a “sunset” provision limiting coverage under Products & Completed Operations liability (P&CO) to a 2, 3 or 4-year term. Why? Because the California statute of limitations for construction defect claims is generally 10 years.
    2. Never consider a “Claims-made” or “Modified Occurrence” coverage form which also have a built-in limitation as to the length or term of P&CO coverage. Example: If you purchase a claims-made policy and decide to “switch” your insurance to the preferred “occurrence” coverage form, unless a special provision is made prior to the new purchase, the claims-made coverage would become worthless after the sixty (60) day claims-reporting period.
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    Reprinted courtesy of Patrick McNamara, Porter Law Group
    Mr. McNamara may be contacted at pmcnamara@porterlaw.com