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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

    Fairfield Connecticut Building Expert 10/ 10

    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


    Zillow Seen Dominating U.S. Home Searches with Trulia

    Commonwealth Court Strikes Blow to Philly Window and Door Ordinance

    Shoring of Ceiling Does Not Constitute Collapse Under Policy's Definition

    California Supreme Court Declares that Exclusionary Rule for Failing to Comply with Expert Witness Disclosures Applies at the Summary Judgment Stage

    False Implied Certifications in Making Payment Requests: What We Can Learn from Lance Armstrong

    One Nation, Under Renovation

    4 Steps to Take When a Worker Is Injured on Your Construction Site

    Time is of the Essence, Even When the Contract Doesn’t Say So

    Gloria Gaynor Sues Contractor over Defective Deck Construction

    Climate-Proofing Your Home: Upgrades to Weather a Drought

    Does a No-Damage-for-Delay Clause Also Preclude Acceleration Damages?

    Get Construction Defects in Writing

    Kadeejah Kelly Named to The National Black Lawyers’ “Top 40 Under 40” List

    Recent Federal Court Decision Favors Class Action Defendants

    Court Denies Insured's Motion to Dismiss Complaint Seeking to Compel Appraisal

    I-35W Bridge Collapse may be Due to “Inadequate Load Capacity”

    London Office Builders Aren’t Scared of Brexit Anymore

    Baby Boomer Housing Deficit Coming?

    Judge Who Oversees Mass. Asbestos Docket Takes New Role As Chief Justice of Superior Court

    Idaho Federal Court Rules Against Sacketts After SCOTUS Decided Judicial Review of an EPA Compliance Order was Permissible

    Couple Sues Attorney over Construction Defect Case, Loses

    Assignment of Construction Defect Claims Not Covered

    New York Appellate Division Reverses Denial of Landlord’s Additional Insured Tender

    BKV Barnett, LLC v. Electric Drilling Technologies, LLC: Analyzing the Impact of Colorado’s Anti-Indemnification Statute

    It Ain’t Over Till it’s Over. Why Project Completion in California Isn’t as Straightforward as You Think

    Breath of Fresh Air

    Contract Not So Clear in South Carolina Construction Defect Case

    Waive Not, Want Not: Waivers and Releases on California Construction Projects

    Plaintiffs In Construction Defect Cases to Recover For Emotional Damages?

    Hawaii Court of Appeals Finds Insured AOAO Not Liable for Securing Inadequate Insurance

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    Exclusions Bar Coverage for Damage Caused by Chinese Drywall

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    More on the VCPA and Construction

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    Insured Under Property Insurance Policy Should Comply With Post-Loss Policy Conditions

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    Chambers USA 2023 Recognizes Six Partners and Three Practices at Lewis Brisbois

    Remodel Leads to Construction Defect Lawsuit

    South Carolina Clarifies the Accrual Date for Its Statute of Repose

    Traub Lieberman Partner Lisa Rolle Obtains Summary Judgment in Favor of Defendant

    More Clear, But Not Yet Crystal: Virginia Amends its Prompt Payment Law and Legislation Banning “Pay-If-Paid Clauses in Construction Contracts Effective July 1, 2023

    The Privette Doctrine and Its Exceptions: Court of Appeal Grapples With the Easy and Not So Easy

    OSHA Updates: New Submission Requirements for Injury and Illness Records

    Insured's Complaint for Breach of Contract and Bad Faith Adequately Pleads Consequential Damages

    Mandatory Attorneys’ Fee Award for Actions Brought Under the Underground Utility Damage Prevention Act

    Denver Passed the Inclusionary Housing Ordinance
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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

    New York Court Discusses Evidentiary Standards for Policy Rescission Based on Material Misrepresentation

    August 10, 2020 —
    On July 27, 2020, in the case of Mt. Hawley Ins. Co. v. AKI Renovations Group, Inc., (Sup. Ct. NY Co. 2020), Index No. 159421/2017 (unpublished), the trial court issued an Order granting summary judgment permitting rescission of a CGL policy based upon material misrepresentations in a policy application. The insured submitted an application in which it failed to disclose its demolition operations despite specific questions seeking this information. Mt. Hawley issued a primary and excess policy for the period of December 29, 2016 to December 29, 2017 (collectively, the policy). Subsequently, the insured sought coverage for a claim in which it was alleged that the insured was acting as a general contractor for demolition of a three-story building when the plaintiff was injured. The insurer advised the defendants that it was rescinding the policy ab initio, and also returned defendants’ premium in its entirety. The insurer asserted that it would not have issued the policy had defendants disclosed their demolition operations, then filed the coverage action seeking a judicial declaration ratifying its rescission of the policy. Read the court decision
    Read the full story...
    Reprinted courtesy of Robert S. Nobel, Traub Lieberman
    Mr. Nobel may be contacted at rnobel@tlsslaw.com

    Appreciate The Risks You Are Assuming In Your Contract

    February 10, 2020 —
    APPRECIATE THE RISKS YOU ARE ASSUMING IN YOUR CONTRACT. Otherwise, those risks will come back and bite you in the butt. This language is not capitalized for naught. Regardless of the type of contract you are entering into, there are risks you will be assuming. You need to appreciate those risks because there may be insurance you can obtain to cover that risk. For instance, exculpatory provisions (or get-out-of-jail provisions) in contracts are enforceable if they are unambiguous. “Such provisions are deemed to be unambiguous and enforceable when the language unequivocally demonstrates a clear and understandable intention for the defendant to be relieved from liability such that an ordinary and knowledgeable person will know what he or she is contracting away.” Pillay v. Public Storage, Inc., 44 Fla.L.Weekly D2744c (Fla. 4th DCA 2019). An example of an exculpatory provision can be found in the public storage rental contract found in Pillay that read: (1) ALL PERSONAL PROPERTY IS STORED BY OCCUPANT AT OCCUPANT’S SOLE RISK. (2) Owner and Owner’s agents . . . will not be responsible for, and Tenant releases Owner and Owner’s agents from any responsibility for, any loss, liability, claim, expense, damage to property . . . including without limitation any Loss arising from the active or passive acts, omission or negligence of Owner or Owner’s agents. Read the court decision
    Read the full story...
    Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
    Mr. Adelstein may be contacted at dma@kirwinnorris.com

    Grenfell Fire Probe Faults Construction Industry Practices

    November 28, 2022 —
    "Incompetence and poor practices in the construction industry" and among others led to the June 2017 fire at London's Grenfell residential high-rise building, causing 72 deaths, according to the lead counsel for the public inquiry that ended Nov. 10. Reprinted courtesy of Peter Reina, Engineering News-Record Mr. Reina may be contacted at reina@btinternet.com Read the full story... Read the court decision
    Read the full story...
    Reprinted courtesy of

    Collapse Claim Dismissed

    December 04, 2018 —
    The complaint alleged collapse, but the claimed cause of the collapse was not a covered cause under the insured's policy, mandating a dismissal of the complaint. Coonce v. CSSA Fire & Cas. Ins. Co., 2018 U.S. App. LEXIS 25010 (10th Cir. Sept. 4, 2018). The ceiling in the insured's living and dining areas caved in. An engineering survey determined that the nails used in the construction had failed to hold. The insured made a claim on her policy issued by CSAA. Coverage was denied and the insured sued. The insured was given two opportunities to amend her complaint by the district court, but the motion to dismiss for failure to state a claim was eventually granted. Read the court decision
    Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    Workers at Two NFL Stadiums Test Positive for COVID-19, But Construction Continues

    April 13, 2020 —
    Construction at SoFi Stadium in Inglewood, Calif., and Allegiant Stadium outside Las Vegas—two new NFL stadiums scheduled to open in 2020—continue forward despite a worker at each location testing positive for COVID-19. Tim Newcomb, Engineering News-Record ENR may be contacted at ENR.com@bnpmedia.com Read the full story... Read the court decision
    Read the full story...
    Reprinted courtesy of

    The Small Stuff: Small Claims Court and Limited Civil Court Jurisdictional Limits

    June 10, 2024 —
    Sometimes the small stuff matters. And when it comes to legal disputes this can pose a problem for clients as well as their attorneys because litigation and arbitration, the two most frequently utilized venues to resolve legal disputes in the United States, can be and usually are expensive. Data on the cost of civil litigation is sparse. According to a 2013 survey of trial lawyers conducted by the National Center of State Courts, the median cost of litigating a contract dispute – which is the category that most construction disputes would fall under – is $90,575. And this is in 2013 dollars. With inflation, that number rises to nearly $120,000 in 2023, and based upon our experience litigating and arbitrating complex (and even not so complex) construction disputes, it can be many multiples over that. Read the court decision
    Read the full story...
    Reprinted courtesy of Garret Murai, Nomos LLP
    Mr. Murai may be contacted at gmurai@nomosllp.com

    Building Resiliency: Withstanding Wildfires and Other Natural Disasters

    September 25, 2023 —
    According to the National Fire Protection Association, between 2016 and 2020 an estimated average of 4,300 fires per year plagued structures under construction, adding up to about $376 million in annual property damage. More recently, the National Centers for Environmental Information reported that wildfires accounted for more than $3.2 billion in damages across the United States. These figures alone point to the heightened awareness that all companies—particularly construction companies—should maintain surrounding the unique challenges and risks that wildfires can present and how they could potentially impact the integrity of projects and the associated safety of their workers. As North America grapples with the increasing frequency and severity of wildfires, hurricanes and additional severe weather events, numerous industries have had to adapt and implement proactive measures to minimize their risks and associated exposures. The impact of these natural disasters on the construction industry is indisputable, necessitating proactive measures that construction companies should seriously consider adopting to effectively mitigate those risks, efficiently navigate insurance complexities and seamlessly integrate data-driven solutions alongside modern tools like AI and predictive modeling. Reprinted courtesy of Bill Creedon, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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    Reprinted courtesy of
    Mr. Creedon may be contacted at bill.creedon@wtwco.com

    Fundamental Fairness Trumps Contract Language

    September 24, 2014 —
    The Texas Supreme Court recently ruled that a “no-damages-for-delay” clause would not be enforced where the delay was caused by the owner. The court’s ruling flies squarely in the face of the contract language that attempted to insulate the owner from any delay claims, even those it caused. In the case of Zachary Construction v. Port of Houston underlying contract, proposed by the Port of Houston, was heavy handed, to say the least. The contract provided: “[Contractor] shall receive no financial compensation for delay or hindrance to the Work. In no event shall the Port Authority be liable to [Contractor] … for any damages arising out of or associated with any delay or hindrance to the Work, regardless of the source of the delay or hindrance, including events of Force Majeure, AND EVEN IF SUCH DELAY OR HINDRANCE RESULTS FROM, ARISES OUT OF OR IS DUE IN WHOLE OR IN PART, TO THE NEGLIGENCE, BREACH OF CONTRACT OR OTHER FAULT OF THE PORT AUTHORITY. [Contractor’s] sole remedy in any such case shall be an extension of time.” Wow, that’s some one-sided language. If the contract was enforced, the contractor could not get any damages for delay, even those damages caused by the active interference of the Port of Houston. Read the court decision
    Read the full story...
    Reprinted courtesy of Craig Martin, Lamson, Dugan and Murray, LLP
    Mr. Martin may be contacted at cmartin@ldmlaw.com