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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

    Fairfield Connecticut Building Expert 10/ 10

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

    Fairfield Connecticut Building Expert 10/ 10


    Building Expert News and Information
    For Fairfield Connecticut


    North Miami Beach Rejects as Incomplete 2nd Engineering Inspection Report From Evacuated Condo

    Mediation is (Almost) Always Worth a Shot

    The Cross-Party Exclusion: The Hazards of Additional Named Insured Provisions

    Contractor’s Assignment of Construction Contract to Newly Formed Company Before Company Was Licensed, Not Subject to B&P 7031

    US Civil Rights Tools Are Failing the Most Polluted Black Communities

    Property Damage to Insured's Own Work is Not Covered

    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

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

    Architecture, Robotics, and the Importance of Human Interaction – An Interview with Prof. Kathrin Dörfler

    SCOTUS, Having Received Views of Solicitor General, Will Decide Whether CWA Regulates Indirect Discharge of Pollutants Into Navigable Water Via Groundwater

    Five New Laws to Know Before They Take Effect On Jan. 1, 2022

    Remote Work Issues to Consider in Light of COVID-19

    Bert Hummel Appointed Vice Chair of State Bar of Georgia Bench & Bar Committee

    Boilerplate Contract Language on Permits could cause Problems for Contractors

    Unjust Enrichment Claims When There Is No Binding Contract

    Turning Back the Clock: DOL Proposes Previous Davis-Bacon Prevailing Wage Definition

    North Carolina Soil & Groundwater Case to be Heard by U.S. Supreme Court

    Do We Really Want Courts Deciding if Our Construction Contracts are Fair?

    Brown Paint Doesn’t Cover Up Construction Defects

    New OSHA Vaccination Requirements For Employers With 100 Or More Employees (And Additional Advice for California Employers)

    Is There Direct Physical Loss Under A Property Policy When COVID-19 is Present?

    U.S. Department of Justice Settles against Days Inn

    Wendel Rosen’s Construction Practice Group Welcomes Quinlan Tom

    Nerves of Steel Needed as Firms Face Volatile Prices, Broken Contracts and Price-Gouging

    Changing Course Midstream Did Not Work in River Dredging Project

    Veolia Agrees to $25M Settlement in Flint Water Crisis Case

    The Prompt Payment Act Obligation is Not Triggered When the Owner Holds Less Retention from the General Contractor

    OSHA Announces Expansion of “Severe Violator Enforcement Program”

    Risk Management for Condominium Conversions

    Improvements to Confederate Monuments Lead to Lawsuits

    Congratulations to San Diego Partner Johnpaul Salem and Senior Associate Scott Hoy for Obtaining a Complete Defense Verdict!

    Real Estate & Construction News Roundup (06/06/23) – Housing Woes, EV Plants and the Debate over Public Financing

    Welcome to SubTropolis: The Massive Business Complex Buried Under Kansas City

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    Eleventh Circuit Reverses Attorneys’ Fee Award to Performance Bond Sureties in Dispute with Contractor arising from Claim against Subcontractor Performance Bond

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    Fannie-Freddie Propose Liquidity Rules for Mortgage Insurers

    Watchdog Opens Cartel Probe Into Eight British Homebuilders

    Real Estate & Construction News Roundup (1/10/24) – New Type of Nuclear Reactor, Big Money Surrounding Sports Stadiums, and Positivity from Fannie Mae’s Monthly Consumer Survey

    Personal Guarantor Cannot Escape a Personal Guarantee By…

    Insurer Not Responsible for Insured's Assignment of Policy Benefits

    One Colorado Court Allows Negligence Claim by General Contractor Against Subcontractor

    The National Labor Relations Board Joint Employer Standard is Vacated by the Eastern District of Texas

    Check The Boxes Regarding Contractual Conditions Precedent to Payment

    The Real Estate Crisis in North Dakota's Man Camps

    To Sea or Not to Sea: Fifth Circuit Applies Maritime Law to Offshore Service Contract, Spares Indemnity Provision from Louisiana Oilfield Indemnity Act

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    ALERT: COVID-19 / Coronavirus-Related Ransomware and Phishing Attacks
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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. Drawing 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

    Noncumulation Clause Limits Coverage to One Occurrence

    January 07, 2015 —
    Injury suffered by children of different families living at different times in the same apartment was limited to one occurrence under the policy's noncumulation clause. Nesmith v. Allstate Ins. Co., 2014 N.Y. LEXIS 3350 (N.Y. Nov. 25, 2014). The landlord had a liability policy issued by Allstate. The declarations page stated there was a $500,000 limit for "each occurrence." The policy contained the following noncumulation clause:
    Regardless of the number of insured persons, injured persons, claims, claimants or policies involved, our total liability . . . for damages resulting from one accidental loss will not exceed the limit shown on the declarations page. All bodily injury . . . resulting from one accidental loss or from continuous or repeated exposure to the same general conditions is considered the result of one accidental loss.
    Read the court decision
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    Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    Dusseldorf Evacuates About 4,000 as World War II Bomb Defused

    August 20, 2014 —
    Emergency services in the northern German city of Dusseldorf are preparing to evacuate more than 4,000 people, including residents of a retirement home, as work gets under way to disarm a World War II bomb discovered during construction work yesterday. A further 15,000 people, living within a 1 kilometer (0.6 mile) radius of the site, are being asked to stay indoors and keep away from windows, authorities said in a press release published on its website. The disposal is scheduled for 4 p.m. Roads in the vicinity are expected to remain closed until at least 5 p.m. The 500-kilogram (1,100 pound) U.S. aircraft bomb was unearthed on the site of the former Reitzenstein army barracks, which is being redeveloped as a residential area. It’s the fourth or fifth find since last year in the northeastern district of Moersenbroich, where new apartment buildings and houses are under construction, Tobias Schuelpen, a press spokesman for the local fire service, said by phone. Read the court decision
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    Reprinted courtesy of Dorothee Tschampa, Bloomberg
    Ms. Tschampa may be contacted at dtschampa@bloomberg.net

    Enerpac Plays Critical Role in Industry-changing Discovery for Long Span Bridges at The University of Nebraska-Lincoln

    April 19, 2022 —
    MENOMONEE FALLS, Wis. (April 18, 2022) – Three years ago when Marc Maguire, assistant professor of construction programs at the University of Nebraska-Lincoln, started investigating a new stranded wire product for bridge girder reinforcing he thought the best strands for bridge construction were the industry standard 7-wire strands. After running a multitude of analyses, Maguire and student researchers found that 19-wire 1-1/8 in. diameter strands outperform the typical 7-wire 1-1/6 in. diameter strands and allow bridges to reach unprecedented lengths. Further tests conducted by the Durham School of Architectural Engineering and Construction with the help of Enerpac hydraulic tools examined the bond strength, force transfer, and development length of the 19-wire strands. "Traditionally, 19-wire strands are not often used in the U.S. because they are not widely available and they are much larger than standard strands," said Maguire. "We wanted to show that there was an alternative option to the common 7-wire strand--one that can perform at the same level, if not better." About Enerpac Enerpac is a global market leader in high pressure hydraulic tools, controlled force products, portable machining, on-site services and solutions for precise positioning of heavy loads. As a leading innovator with a 110-year legacy, Enerpac has helped move and maintain some of the largest structures on earth. When safety and precision matters, elite professionals in industries such as aerospace, infrastructure, manufacturing, mining, oil & gas and power generation rely on Enerpac for quality tools, services and solutions. For more information, visit www.enerpac.com. Read the court decision
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    Reprinted courtesy of

    Axa Buys London Pinnacle Site for Redesigned Skyscraper

    February 26, 2015 —
    (Bloomberg) -- Axa Real Estate Investment Managers, the property unit of Europe’s largest insurer, has bought the London site of the halted Pinnacle skyscraper and plans to build a tower of its own design. The building at 22 Bishopsgate will have more than 1 million square feet (93,000 square meters) of offices, shops and restaurants, the Paris-based company said in a statement Friday. It’s paying 300 million pounds ($460 million) for the property, according to a person with knowledge of the matter who asked not to be identified because the information is private. Reprinted courtesy of Dalia Fahmy, Bloomberg and Patrick Gower, Bloomberg Read the court decision
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    Reprinted courtesy of

    California Imposes New Disabled Access Obligations on Commercial Property Owners

    October 07, 2016 —
    The following article was written by my colleague David Goldman on the new ADA accessibility legislation which was signed into law this past month by Governor Brown. Since July 1, 2013, California Civil Code section 1938 has required commercial property owners to disclose in every commercial lease whether the property being leased has been inspected by a Certified Access Specialist (“CASp”). A CASp is an individual certified by the State of California as qualified and knowledgeable of construction-related access to public accommodations by persons with disabilities. In addition to disclosing whether or not the property being leased has been CASp inspected, if a CASp inspection has occurred, the commercial lessor must disclose in the lease whether the premises has or has not met all the applicable construction-related accessibility standards established by law. These lease requirements, along with other disability access obligations, were discussed in an earlier article written in 2012. 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

    Keeping Your Workers Safe When Air Quality Isn't

    August 21, 2023 —
    Kim Ritchie, Vice President, Canada, ISN Construction Executive Q&A What risks do wildfires and poor air quality pose to workers? Exposure to smoke caused by wildfires can have significant health risks, especially for those with preexisting medical conditions. Smoke exposure and poor air quality can trigger immediate effects such as coughing, difficulty breathing and irritation of the throat, eyes and lungs. However, despite smoke dissipating, it could have long-term health complications with cardiovascular impacts, such as heart attacks and stroke. With the lasting impacts caused by exposure to wildfire smoke and poor air quality, it's essential for organizations to look out for their workers’ long-term health. Reprinted courtesy of Kim Ritchie, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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    Being the Bearer of Bad News (Sounding the Alarm on Construction Issues Early and Often) (Law Note)

    October 02, 2023 —
    Our recent look into termination brings up another issue important to architects and engineers– how to sound the alarm about construction or building code violations. Sometimes, a project owner may be so focused on project completion that they want to overlook the sub-par work that may be occurring in an effort to get project open “on time.” In such cases, only if a life safety violation is reported to the authority having jurisdiction will the owner finally terminate a faulty contractor from a construction project. Even if the work is not a life/safety issue, it is important that when delivering bad news about the quality of work that your notice be early, loud, and frequent. Basically, everyone involved should be aware, through written communications, that there is an issue that needs to be addressed on site, the contractor is messing up the construction, and what needs to be done to fix the issue(s). If the owner is willing to live with the faulty work (and it is not a life/safety matter), then at least you’ve provided notice and warned them of the issue. 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

    Overview of New Mexico Construction Law

    June 25, 2019 —
    We’ve seen an uptick in out-of-state companies working on construction projects in New Mexico. The following is an overview of some of the nuances of New Mexico construction law about which companies may want to be aware. Construction Contract Issues Limitation of Liability Clauses are usually Enforceable, but Anti-Indemnity Clauses Are Not New Mexico courts have enforced limitation of liability clauses included in construction contracts. See Fort Knox Self Storage, Inc. v. W. Techs., Inc., 140 N.M. 233, 237 (N.M. Ct. App 2006). New Mexico law recognizes the difference between contracts that insulate a party from any and all liability and those that simply limit liability. Fort Knox Self Storage, Inc., 140 N.M. 233 at 237. An exculpatory clause immunizes a party from liability, whereas a limitation of liability clause merely curtails liability. Id. A limitation of liability clause has been held not to violate New Mexico public policy because the party “still bears substantial responsibility for its actions.” Id.; see also Cowan v. D'Angelico, 2010 WL 11493789, *6 (D. N.M. Apr. 26, 2010). Read the court decision
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    Reprinted courtesy of Walker F. Crowson, Snell & Wilmer
    Mr. Crowson may be contacted at wcrowson@swlaw.com