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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

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    Home Builders Association of Hartford Cty Inc
    Local # 0755
    2189 Silas Deane Hwy
    Rocky Hill, CT 06067

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    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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    Building Expert News and Information
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    Nevada Update: Nevada Commissioner of Insurance Updates Burning Limits Statute with Emergency Regulation

    Sanctions of $1.6 Million Plus Imposed on Contractor for Fabricating Evidence

    Texas Supreme Court Cements Exception to “Eight-Corners” Rule Through Two Recent Rulings

    Depreciating Labor Costs May be Factor in Actual Cash Value

    How Long does a Florida Condo Association Have to File a Construction Defect Claim?

    Are Untimely Repairs an “Occurrence” Triggering CGL Coverage?

    Evergrande’s Condemned Towers on China’s Hawaii Show Threat

    What ENR.com Construction News Gained the Most Views

    Client Alert: Catch Me If You Can – Giorgio Is No Gingerbread Man

    “Pay When Paid” Provisions May Not Be Dead, at Least Not Yet

    Key California Employment Law Cases: October 2018

    Don’t Forget to Mediate the Small Stuff

    Full Extent of Damage From Turkey Quakes Takes Shape

    Federal District Court Continues to Find Construction Defects do Not Arise From An Occurrence

    The “Your Work” Exclusion—Is there a Trend against Coverage?

    New York Court Finds No Coverage Owed for Asbestos Losses Because Insured Failed to Prove Material Terms

    Judgment for Insured Upheld After Insurer Rejects Claim for Hurricane Damage

    Look Up And Look Out: Increased Antitrust Enforcement Of Horizontal No-Poach Agreements Signals Heightened Scrutiny Of Vertical Agreements May Be Next

    Apartment Projects Fuel 13% Jump in U.S. Housing Starts

    Maximizing Contractual Indemnity Rights: Components of an Effective Provision

    Continuing Breach Doctrine

    New Jersey Appellate Court Reinstates Asbestos Action

    Asbestos Client Alert: Court’s Exclusive Gatekeeper Role May not be Ignored or Shifted to a Jury

    Connecticut Federal District Court Follows Majority Rule on Insurance Policy Anti-Assignment Clauses

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    Recent Statutory Changes Cap Retainage on Applicable Construction Projects
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    The Fairfield, Connecticut Building Expert Group is comprised from a number of credentialed construction professionals possessing extensive trial support experience relevant to construction defect and claims matters. Leveraging from more than 25 years experience, BHA provides construction related trial support and expert services to the nation's most recognized construction litigation practitioners, Fortune 500 builders, commercial general liability carriers, owners, construction practice groups, and a variety of state and local government agencies.

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    Fairfield, Connecticut

    ASCE Statement on Devastating Impacts of Hurricane Helene

    October 07, 2024 —
    WASHINGTON, DC. – We are deeply saddened by the tragic loss of life across six states, in addition to the immeasurable damages caused by Hurricane Helene throughout the Southeast this past week. Hundreds of communities are without power. Citizens cannot move safely from one place to another. And in its wake, the storm has left many without drinking water and sewage services. As civil engineers, our first priority when we design and build the structures that connect us is the public's safety and well-being; we are heartbroken to see so many lives lost or upended by Hurricane Helene. As someone who has experienced losing everything in a catastrophic flood event, I have seen first-hand the need for making communities more resilient, and the consequences of failing to do so. Although hurricanes have consistently been a threat in the U.S., particularly in the Southeast, extreme weather events and 500-year floods are increasing in regularity and our aging infrastructure systems were not built to withstand storms of this magnitude. Total prevention of loss of life or property damage can never be guaranteed, but Helene is a reminder of the importance of widespread adoption of up-to-date, modern building codes and standards. We are thankful for the hard work of first responders, the military, and other organizations working around the clock to save lives and meet the immediate needs of people affected by this storm. As communities begin the long recovery process, civil engineers will be there to help communities rebuild the roads, bridges, dams, water systems, and other infrastructure damaged or destroyed by the storm. ABOUT THE AMERICAN SOCIETY OF CIVIL ENGINEERS Founded in 1852, the American Society of Civil Engineers represents more than 160,000 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

    A Recession Is Coming, But the Housing Market Won't Trigger It

    June 12, 2023 —
    One big reason to continue to believe this is no 2008-style financial crisis in the making is the housing market, which has held up well. That means, we’re more likely to experience a garden-variety recession, and I think it will happen sometime later this year. Why this isn’t another 2008-style crisis Residential property was famously the trigger for a cataclysmic global financial crisis a decade and a half ago. That’s because residential property is one of the principal assets of the middle classes across the globe. And it’s a leveraged investment to boot because of the money borrowed through mortgages. That makes large and pervasive house-price declines toxic for the economy. But not that many people are worrying about house prices today. So I thought I’d take a breather from the doom and gloom surrounding commercial real estate, banks and the debt ceiling to focus on house prices and why they aren’t worrying us this go round. And I’ll use one of the pricier markets, the UK, as a first example. Read the court decision
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    Reprinted courtesy of Edward Harrison, Bloomberg

    #10 CDJ Topic: Carithers v. Mid-Continent Casualty Company

    December 30, 2015 —
    Craig Martin of Lamson Dugan and Murray, LLP on his Construction Contractor Advisor blog used the Carithers case to demonstrate how “[w]hen you are involved in construction litigation, you have battles on several fronts, including those against subcontractors, owners, insurers and the court. Shoring up your defenses on each of these fronts is imperative, or you may lose the battle or, worse yet, the war.” Martin discusses the various “battle fronts” including the “Claim Against Contractor,” “Where Are You Litigating,” “Claim Against Insurance Company,” and “Damages.” Read the full story... In the article, “Duty to Defend Construction Defect Case Affirmed, Duty to Indemnify Reversed In Part,” attorney Tred R. Eyerly also covered the Carithers case. Eyerly explained, “Determining whether there was coverage for the damages awarded required the court to decide which trigger applied. Examining the policy language, the court determined that property damage occurred when the damage happened, not when the damage was discovered or discoverable. Therefore, the district court did not err in applying the injury in fact trigger.” Read the full story... Read the court decision
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    Reprinted courtesy of

    Construction Companies Can Be Liable for “Secondary Exposure” of Asbestos to Household Members

    October 26, 2017 —
    The history of asbestos regulation in the United States is complicated. Prior to the 1970s, asbestos-containing materials used in construction was widespread. In 1971, when the U.S. Environmental Protection Agency issued an emissions standard for asbestos as part of the Clean Air Act. In 1972, the EPA extended this regulation to an occupational standard and, over the next decade, the EPA together with the U.S. Occupational Safety and Health Administration and the U.S. Consumer Product Safety Commission issued a wide array of regulations aimed at asbestos. Read the court decision
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    Reprinted courtesy of Garret Murai, Wendel Rosen Black & Dean LLP
    Mr. Murai may be contacted at gmurai@wendel.com

    HB 20-1046 - Private Retainage Reform - Postponed Indefinitely

    May 04, 2020 —
    On Tuesday, February 18th, the Colorado House Business Affairs & Labor Committee voted 10-0 to postpone indefinitely House Bill 1046. If it had been enacted, HB 1046 would have required, for all for all construction contracts of at least $150,000:
    • A property owner to make partial payments to the contractor of any amount due under the contract at the end of each calendar month or as soon as practicable after the end of the month;
    • A property owner to pay the contractor at least 95% of the value of satisfactorily completed work;
    • A property owner to pay the withheld percentage within 60 days after the contract is completed satisfactorily;
    • A contractor to pay a subcontractor for work performed under a subcontract within 30 calendar days after receiving payment for the work, not including a withheld percentage not to exceed 5%;
    • A subcontractor to pay any supplier, subcontractor, or laborer who provided goods, materials, labor, or equipment to the subcontractor within 30 calendar days after receiving payment under the subcontract; and
    • A subcontractor to submit to the contractor a list of the suppliers, sub-subcontractors, and laborers who provided goods, materials, labor, or equipment to the subcontractor for the work.
    Read the court decision
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    Reprinted courtesy of David McLain, Higgins, Hopkins, McLain & Roswell
    Mr. McLain may be contacted at mclain@hhmrlaw.com

    NTSB Outlines Pittsburgh Bridge Structure Specifics, Finding Collapse Cause Will Take Months

    February 21, 2022 —
    Officials in Pennsylvania are moving forward on building a replacement for the Fern Hollow Bridge in Pittsburgh, which collapsed on Jan. 28, selecting a team of HDR Inc. and Swank Construction to design and construct the new structure, and the approval of $25.3 million in federal funds for the project. Reprinted courtesy of Tom Ichniowski, Engineering News-Record Mr. Ichniowski may be contacted at ichniowskit@enr.com Read the full story... Read the court decision
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    Reprinted courtesy of

    Construction Termination Issues Part 4: What to Do When They Want to Fire You, the Architect or Engineer

    August 14, 2023 —
    What if you are told that your own design services are no longer needed or welcome on a project? Can they do that? What happens then? How do you protect yourself. As you probably realize, while rare, the Owner does have the legal right to fire you “for cause”. See B101 §9.4, as long as the Owner gives you 7 days written notice. In fact, the Owner can terminate your contract for any reason at all (maybe you root for the wrong basketball team?) by terminating you for convenience (i.e., for any reason whatsoever) under B101 §9.5, again with 7 days written notice. As with Contractor terminations, the money you get when fired for convenience is much greater than when you are terminated for cause. If you are fired “for convenience”, you get paid for all services previously rendered as well as termination expenses, including anticipated profit on the value of services not performed. See B101 §9.7. Read the court decision
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    Reprinted courtesy of Melissa Dewey Brumback, Ragsdale Liggett
    Ms. Brumback may be contacted at mbrumback@rl-law.com

    Building with Recycled Plastics – Interview with Jeff Mintz of Envirolastech

    January 19, 2017 —
    Plastic waste is a huge global problem and we need viable solutions. In this interview with Jeff Mintz, CEO of Envirolastech, we discuss how plastic can be recycled and used as a building material in a unique way. Envirolastech, Inc, is a developer of thermoplastic technology that offers a cost-competitive alternative to wood and concrete in a variety of products and applications. The company’s products are made from 100% non-organic recycled materials and they are 100% recyclable (see product features). Read the court decision
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    Reprinted courtesy of Aarni Heiskanen, AEC Business
    Mr. Heiskanen may be contacted at aarni@aepartners.fi