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    433 Meadow St
    Fairfield, CT 06824

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    Building Expert News and Information
    For Fairfield Connecticut


    Insurer Rejecting Construction Defect Claim Must Share in Defense Costs

    AI – A Designer’s Assistant or a Replacement?

    HOA Foreclosure Excess Sale Proceeds Go to Owner

    Federal District Court Addresses Material Misrepresentation in First Party Property Damage Claim

    Angela Cooner Named "Top Lawyer" by Phoenix Magazine in Inaugural Publication

    "Occurrence" May Include Intentional Acts In Montana

    Another Way a Mechanic’s Lien Protects You

    New American Home Construction Nears Completion Despite Obstacles

    A Court-Side Seat: NWP 12 and the Dakota Access Pipeline Easement Get Forced Vacations, while a Potential Violation of the Eighth Amendment Isn’t Going Anywhere

    Library to Open with Roof Defect Lawsuit Pending

    Mid-Session Overview of Colorado’s 2017 Construction Defect Legislation

    No Coverage for Homeowner Named as Borrower in Policy but Not as Insured

    Poor Pleading Leads to Loss of Claim for Trespass Due to Relation-Back Doctrine, Statute of Limitations

    Pending Sales of Existing Homes in U.S. Decline for Eighth Month

    Eighth Circuit Remands to Determine Applicability of Collapse Exclusion

    "My Bad, I Thought It Was in Good Faith" is Not Good Enough - Contractor Ordered to Pay Prompt Payment Penalties

    Seattle’s Tallest Tower Said Readying to Go On the Market

    Contractor Underpaid Workers, Pocketed the Difference

    Minneapolis Condo Shortage Blamed on Construction Defect Law

    Commerce City Enacts Reform to Increase For-Sale Multifamily Housing

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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.

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    Fairfield, Connecticut

    Massachusetts SJC Clarifies “Strict Compliance” Standard in Construction Contracts

    January 02, 2019 —
    In Massachusetts, it is well established that a contractor cannot recover damages from a construction contract without first showing that the contractor completely and strictly performed on all of the contract’s terms. Recently, the Massachusetts Supreme Judicial Court narrowed the rule by concluding that complete and strict performance is only required for contract terms relating to the design and construction itself. The high Court explained that non-design / non-construction contract terms are governing by “ordinary contract principles, including the traditional Massachusetts materiality rule.” Read the court decision
    Read the full story...
    Reprinted courtesy of Jacob Goodelman, Gordon Rees Scully Mansukhani
    Mr. Goodelman may be contacted at jgoodelman@grsm.com

    Connecticut Court Clarifies a Limit on Payment Bond Claims for Public Projects

    May 15, 2023 —
    In All Seasons Landscaping, Inc. v. Travelers Casualty & Surety Co., No. DBD-CV21-6039074-S, 2022 WL 1135703 (Conn. Super. Ct. April 4, 2022) the plaintiff, a subcontractor on a state project, commenced a lawsuit against the surety who issued a payment bond on the project two years after the subcontractor last performed any original contract work on the project. The defendant surety moved to dismiss the action based on the one-year statute of limitation in Connecticut General Statute § 49-42. The plaintiff countered that it complied with that deadline because it also performed warranty inspection work after the contract was completed and within the limitation period in section 49-42. The issue of whether warranty work or minor corrective work can extend the limitations period in section 49-42 had not previously been addressed by a Connecticut court. Section 49-42(b) governs the limitation period on payment bond claims on public projects. It provides in relevant part that “no … suit may be commenced after the expiration of one year after the last date that materials were supplied or any work was performed by the claimant.” Section 49-42 provides no guidance on what “materials were supplied or any work was performed” by the claimant means, nor is there any direct appellate-level authority in Connecticut on this issue. What is clear under well-established law in Connecticut is that the time limit within which suit on a payment bond must be commenced under Section 49-42 is not only a statute of limitation but a jurisdictional requirement establishing a condition precedent to maintenance of the action and such limit is strictly enforced. If a plaintiff cannot prove its suit was initiated within this time constraint, the matter will be dismissed by the court as untimely. Read the court decision
    Read the full story...
    Reprinted courtesy of Bill Wilson, Robinson & Cole LLP
    Mr. Wilson may be contacted at wwilson@rc.com

    Search in Florida Collapse to Take Weeks; Deaths Reach 90

    July 25, 2021 —
    Authorities searching for victims of a deadly collapse in Florida said Sunday they hope to conclude their painstaking work in the coming weeks as a team of first responders from Israel departed the site. Miami-Dade County Mayor Daniella Levine Cava said 90 deaths have now been confirmed in last month's collapse of the 12-story Champlain Towers South in Surfside, up from 86 a day before. Among them are 71 bodies that have been identified, and their families have been notified, she said. Some 31 people remain listed as missing. The Miami-Dade Police Department said three young children were among those recently identified. Crews continued to search the remaining pile of rubble, peeling layer after layer of debris in search of bodies. The unrelenting search has resulted in the recovery of over 14 million pounds (about 6.4 million kilograms) of concrete and debris, Levine Cava said. Read the court decision
    Read the full story...
    Reprinted courtesy of Bloomberg

    Insured Versus Insured Clause Does Not Bar Coverage

    September 17, 2015 —
    The Fifth Circuit considered whether coverage was barred under the policy's insured versus insured provision. Kinsale Ins. Co. v. Georgia-Pacific, L.L.C., 2015 U.S. App. LEXIS 12976 (5th Cir. July 27, 2015). Georgia-Pacific hired Advanced Services, Inc. for demolition work at Georgia-Pacific's idled plywood plant. A fire occurred at the plant, damaging equipment Advanced had leased from H&E Equipment for the demolition work. Several lawsuits followed. One was brought by H&E against Advanced. Advanced filed a third-party demand for indemnification against Georgia-Pacific for any damages Advanced was required to pay H&E. Read the court decision
    Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    Fire Tests Inspire More Robust Timber Product Standard

    March 22, 2018 —
    Based on recent fire test results, mass timber groups have adjusted product certification standards to require the use of cross-laminated timber with structural adhesives tested to demonstrate better fire performance. Read the court decision
    Read the full story...
    Reprinted courtesy of Nadine M. Post, Engineering News-Record
    Ms. Post may be contacted at postn@enr.com

    Bond Principal Necessary on a Mechanic’s Lien Claim

    September 07, 2020 —
    As anyone that reads this construction law blog knows, mechanic’s liens are a big part of the Virginia landscape for a construction attorney like me. One option for dealing with a mechanic’s lien here in Virginia that we have not discussed but so often is the ability to “bond off” a lien. In short, the Virginia statute allows a party to essentially substitute a bond valued at a court set multiple of the principal amount of the mechanic’s lien for the memorandum. In exchange, the lien is released of record. Any enforcement action can still proceed with security for the claimant and the property owner feeling better about things because there will be no lien on the title to the land. In many ways this process provides an easier path to resolution for both owner and claimant. First of all, the claimant does not have to deal with a bank or other interest holders in the property (though a recent case discussed below reminds us that certain other parties are necessary). Second of all, the owner does not have the cloud on the title of a mechanic’s lien that may have been filed by a subcontractor over which he has no control. 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

    Minneapolis Condo Shortage Blamed on Construction Defect Law

    November 20, 2013 —
    Demand for condos in the Minneapolis, Minnesota area is outstripping demand. Currently inventory of available condos represents less than four months’ worth of sales. But despite the demand, only three condominium buildings are under construction in the Minneapolis metropolitan area. Some blame this on difficulty in finding financing, where some lenders are looking for projects to be sold before the builders get the money to build what they’ve just sold. Another problem is Minnesota construction defect law. “There are law firms in this town that have filed lawsuit after lawsuit on behalf of homeowners associations alleging construction defects,” said one builder, Kelly Doran, who now builds luxury apartment buildings. “”With that 10-year warranty, there’s no way I would build condos.” Read the court decision
    Read the full story...
    Reprinted courtesy of

    Did Deutsche Make a Deal with the Wrong Homeowner?

    September 03, 2014 —
    Deutsche Bank wants “to void a loan modification it claims resulted in a $125,000 discount on the wrong homeowners' outstanding mortgage,” according to the New Jersey Law Journal. Furthermore, even though the Deutsche Bank “obtained a default judgment a year ago… a New Jersey federal judge is currently considering the homeowners' motion to vacate it, most recently ordering a hearing to determine whether the couple was properly served.” According to the complaint, the Deutsche Bank claims that “its mortgage servicer, Ocwen Loan Servicing, mistakenly offered the modification to Lorraine and Raymond Lindsey of Franklinville, N.J., though the terms of the deal were intended for other homeowners in connection with a loan held by a different bank.” Read the court decision
    Read the full story...
    Reprinted courtesy of