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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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    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


    California Supreme Court Rejects Third Exception to Privette Doctrine

    Home Prices in 20 U.S. Cities Rose at Faster Pace in January

    LAX Runway Lawsuit a Year Too Late?

    Sustainability Puts Down Roots in Real Estate

    Senate Overwhelmingly Passes Water Infrastructure Bill

    Settlement between IOSHA and Mid-America Reached after Stage Collapse Fatalities

    President Trump Nullifies “Volks Rule” Regarding Occupational Safety and Health Administration (OSHA) Recordkeeping Requirements

    What to do about California’s Defect-Ridden Board of Equalization Building

    DOJ to Prosecute Philadelphia Roofing Company for Worker’s Death

    A Quick Checklist for Subcontractors

    Insurance Company Prevails in “Chinese Drywall” Case

    Sureties do not Issue Bonds Risk-Free to the Bond-Principal

    A Court-Side Seat: Environmental Developments on the Ninth Circuit

    Mandatory Arbitration Isn’t All Bad, if. . .

    Court Confirms No Duty to Reimburse for Prophylactic Repairs Prior to Actual Collapse

    Ahlers Cressman & Sleight PLLC Recognized Among The Top 50 Construction Law FirmsTM of 2023 by Construction Executive

    Best Practices: Commercial Lockouts in Arizona

    Court of Appeal Confirms Privette Doctrine as Applied to Passive Conduct of Property Owner

    Hunton Andrews Kurth’s Insurance Recovery Practice, Partners Larry Bracken and Mike Levine Receive Band 1 Honors from Chambers USA in Georgia

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

    Construction Contract Basics: Venue and Choice of Law

    Co-Founding Partner Jason Feld Named Finalist for CLM’s Outside Defense Counsel Professional of the Year

    Sewage Flowing in London’s River Thames Draws Green Bond Demand

    Starting July 1, 2020 General Contractors are “Employers” for All Workers on Their Jobsite

    No Coverage for Sink Hole Loss

    Utah Digs Deep and Finds “Design Defect” Includes Pre-Construction Geotechnical Reports

    Distinguishing Hawaii Law, New Jersey Finds Anti-Assignment Clause Ineffective

    Congratulations Devin Brunson on His Promotion to Partner!

    Florida Chinese drywall, pollution exclusion, “your work” exclusion, and “sistership” exclusion.

    Bremer Whyte Sets New Precedent in Palos Verdes Landslide Litigation

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    Last Call: Tokyo Iconic Okura Hotel Meets the Wrecking Ball

    Insurers Subrogating in Arkansas Must Expend Energy to Prove That Their Insureds Have Been Made Whole

    Diggin’ Ain’t Easy: Remember to Give Notice Before You Excavate in California

    Did the Court of Appeals Just Raise the Bar for California Contractors to Self-Report Construction-Related Judgments?

    Work to Solve the Mental Health Crisis in Construction

    Court Reminds Insurer that the Mere Possibility Of Coverage at the Time of Tender Triggers a Duty to Defend in a Defect Action

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

    Congratulations Bryan Stofferahn, August Hotchkin, and Eileen Gaisford on Their Promotion to Partner!

    Because I Haven’t Mentioned Mediation Lately. . .

    Real Estate & Construction News Round-Up (09/21/22) – 3D Printing, Sustainable Design, and the Housing Market Correction

    The ABCs of PFAS: What You Need to Know About Liabilities for the “Forever Chemical”

    Update Coverage for Construction Defect Claims in Colorado

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    Actual Cost Value Includes Depreciation of Repair Labor Costs

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    Texas Shortens Its Statute of Repose To 6 Years, With Limitations

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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

    Real Estate & Construction News Round-Up (01/18/23) – Construction Inventory, 3D Printing, and Metaverse Replicas

    February 06, 2023 —
    This week’s round-up dives into projections on construction inventory in the housing market, the first 3D-printed house, a replica of South Korea’s Seoul in the Metaverse, and more.
    • Shifts that occurred last year and at the peak of pandemic have transformed the real estate industry, with 2023 emerging as something of a barometer in the manifestations of those changes. (Tony Cantu, Mortgage Professional America (MPA))
    • Total new construction of homes across the country is expected to drop by 200,000 dwellings per year until 2026 as skill shortages and supply issues continue to bite. (Sowaibah Hanifie, 7 News)
    • Almost all economists and contractors expect some sort of an economic slowdown this year. (Sebastian Obando, Construction Dive)
    Read the court decision
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    Reprinted courtesy of Pillsbury's Construction & Real Estate Law Team

    Common Law Indemnification - A Primer

    April 12, 2021 —
    “Common law indemnification is generally available ‘in favor of one who is held responsible solely by operation of law because of his relationship to the wrongdoer.’” McCarthy v. Turner Constr., Inc., 17 N.Y.3d 369, 375 (2011), quoting Mas v. Two Bridges Assocs., 75 N.Y.2d 680, 690 (1990). What is Common Law Indemnification and Who Can Assert it? Indemnification, in general terms, is the right of one party to shift a loss to another and may be based upon an express contract or an implied obligation. Bellevue S. Assoc. v. HRH Constr. Corp., 78 N.Y.2d 282 (1991). Based on a separate duty owed the indemnitee by the indemnitor, common law indemnification, or implied indemnification, permits one who was compelled to pay for the wrong of another to recover from the wrongdoer the damages paid to the injured party. D’Ambrosio v. City of New York, 55 N.Y.2d 454, 460 (1982); Curreri v. Heritage Prop. Inv. Trust, Inc., 48 A.D.3d 505, 507 (2d Dept. 2008). The premise of common law indemnification is vicarious liability, defined as “liability that a supervisory party (such as an employer) bears for the actionable conduct of a subordinate or associate (such as an employee) based on the relationship between the two parties” Black’s Law Dictionary (11th ed. 2019). Common law indemnification “reflects an inherent fairness as to which party should be held liable for indemnity.” McCarthy, 17 N.Y.3d at 375. It is a restitution concept which permits shifting the loss because, to fail to do so, would result in the unjust enrichment of one party at the expense of the other. Mas, 75 N.Y.2d at 680, 690; Kingsbrook Jewish Medical Center v. Islam, 172 A.D.3d 1342, 1343 (2d Dept. 2019). Read the court decision
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    Reprinted courtesy of Brian F. Mark, Hurwitz & Fine, P.C.
    Mr. Mark may be contacted at bfm@hurwitzfine.com

    No Duty to Defend Faulty Workmanship Under Hawaii Law, but All is not Lost for Insured Contractor

    June 06, 2022 —
    The federal district court found no duty to defend claims of faulty workmanship under certain policies issued to the insured contractor, but rejected arguments made by the Insurers regarding various provisions of the general liability and excess policies. St. Paul Fire & Marine Ins. Co. v. Bodell Consr. Co., 2022 U.S. Dist. LEXZIS 79379 (D. Haw. May 2, 2022). (Note- our office represents the insured contractor). In 2003, Bodell was hired by developer Sunstone Realty Partners L LLC to be the general contractor for construction work on a condominium project, "Ali`i Cove." The project consisted of approximately 37 buildings and one recreation center that were constructed over the course of four years. On August 14, 2015, the AOAO of Ali`i Cove sued Sunstone, alleging that Sunstone developed, built, and sold condominium nits using embedded straps that did not meet building codes, instead of bolting house frames to their foundations. The AOAO filed a second amended complaint alleging numerous additional defects which were referenced in an expert report. These included additional alleged construction defects such as site conditions, structural issues, building envelope, roofing, general architecture, mechanical, plumbing and electrical. In all, the report purported to find approximately 281 instances of faulty workmanship. Read the court decision
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    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    Pay Inequities Are a Symptom of Broader Gender Biases, Studies Show

    May 17, 2021 —
    Pay gaps between men and women are a problem in the AEC industry and beyond—and they are a sign of complex, systemic problems in companies. “It’s more of a symptom,” said Elizabeth Walgram, senior consultant in the compensation and career strategies practice at human resources consulting firm Segal. Reprinted courtesy of Pam Radtke Russell, ENR, Debra K. Rubin, ENR, Janice L. Tuchman, ENR and Alisa Zevin, ENR Ms. Russell may be contacted at Russellp@bnpmedia.com Ms. Rubin may be contacted at rubind@enr.com Ms. Tuchman may be contacted at tuchmanj@enr.com Ms. Zevin may be contacted at zevina@enr.com Read the court decision
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    Reprinted courtesy of

    Quick Note: Staying, Not Dismissing, Arbitrable Disputes Under Federal Arbitration Act

    July 31, 2024 —
    As you hopefully know from posted articles, arbitration is a creature of contract. Stated differently, there must be a contractual basis to have a dispute resolved through binding arbitration. The Federal Arbitration Act (FAA) applies to transactions involving interstate commerce. Oftentimes, lawsuits are filed despite an arbitration provision in a contract because parties can, if they desire, waive their rights to have their dispute resolved through binding arbitration. In what should not be a shocker, the United States Supreme Court in Smith v. Spizzirri, 144 S.Ct. 1173, 1178 (2024), held that when a federal “district court finds that a lawsuit involves an arbitrable dispute, and a party requests a stay pending arbitration, section 3 of the FAA compels the court to stay the proceeding.” Dismissing the lawsuit should not be the option. Staying the lawsuit should. Read the court decision
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    Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
    Mr. Adelstein may be contacted at dma@kirwinnorris.com

    Pentagon Has Big Budget for Construction in Colorado

    January 17, 2013 —
    The Pentagon is an important source of construction contracts, and one place where they’re acutely aware of this in Colorado Springs, Colorado. Luckily for the town’s economy, the military awarded $400 million in construction contracts to Colorado, many of them in the town of Colorado Springs. Projects in Colorado Springs include facilities for a helicopter unit at Fort Carson and renovations at the Air Force Academy. The new operation center for defense intelligence at Buckley Air Force Base will be built in nearby Aurora. The price tag on the operations center is $117 million. Meanwhile, the military has thousands of both civilian and military employees who will be using these facilities. Read the court decision
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    Reprinted courtesy of

    Texas res judicata and co-insurer defense costs contribution

    March 23, 2011 —

    In Truck Ins. Exchange v. Mid-Continent Casualty Co., No. 03-08-00526-CV (Tex. App. 3d Aug. 27, 2010), insured contractor DCI was sued by the project owner seeking damages for defective construction. DCI tendered its defense to its CGL insurers Truck and Mid-Continent. Truck agreed to defend while Mid-Continent denied a defense. While the underlying suit was pending, Mid-Continent sued DCI, but not Truck, and obtained a judicial declaration of no duty to defend or indemnify DCI in the underlying suit. After settling the underlying suit, Truck sued Mid-Continent seeking contribution towards defense costs and indemnity payments. The state trial court entered summary judgment for Mid-Continent. The intermediate appellate court affirmed.

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    Reprinted courtesy of CDCoverage.com

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    Spearin Doctrine as an Affirmative Defense

    November 30, 2016 —
    The Spearin doctrine, referred to as the implied warranty of constructability doctrine, is oftentimes utilized as an affirmative defense by a contractor being sued for construction defects. Under the Spearin doctrine (recognized in the government contract setting), a contractor is NOT liable for defects in the plans and specifications furnished by the owner if the contractor constructs the project pursuant to the plans and specifications. This is because the owner impliedly warrants the constructability of the plans and specifications it furnishes to the contractor. Hence, the contractor should not be liable for defective construction caused by the owner furnishing defective plans and specifications. Read the court decision
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    Reprinted courtesy of David Adelstein, Katz, Barron, Squitero, Faust, Friedberg, English & Allen, P.A.
    Mr. Adelstein may be contacted at dma@katzbarron.com