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    Home Builders & Remo Assn of Fairfield Co
    Local # 0780
    433 Meadow St
    Fairfield, CT 06824

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    Local # 0740
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    Salem, CT 06420

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    Local # 0710
    110 Brook St
    Torrington, CT 06790

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    Bloomfield, CT 06002

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    Building Expert News and Information
    For Fairfield Connecticut


    Failure to Consider Safety Element in Design Does Not Preclude Public Entity’s Discretionary Authority Under Design Immunity Defense

    Colorado Statutes of Limitations and Repose, A First Step in Construction Defect Litigation

    DC Wins Largest-Ever Civil Penalty in US Housing Discrimination Suit

    Heathrow Speeds New-Runway Spending Before Construction Approval

    Top 10 Lessons Learned from a Construction Attorney

    Tallest U.S. Skyscraper Dream Kept Alive by Irish Builder

    Motion for Reconsideration Challenging Appraisal Determining Cause of Loss Denied

    Detroit Craftsmen Sift House Rubble in Quest for Treasured Wood

    Surviving a Tornado – How to Navigate Insurance Claims in the Wake of the Recent Connecticut Storm

    The Business of Engineering: An Interview with Matthew Loos

    Limitation on Coverage for Payment of Damages Creates Ambiguity

    Client Alert: Expert Testimony in Indemnity Action Not Limited to Opinions Presented in Underlying Matter

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

    Can Baltimore Get a Great Bridge?

    Construction Mediation Tips for Practitioners and 'Eyes Only' Tips for Construction Mediators

    Deducting 2018 Real Property Taxes Prepaid in 2017 Comes with Caveats

    Texas Supreme Court Holds that Invoking Appraisal Provision and Paying Appraisal Amount Does Not Insulate an Insurer from Damages Under the Texas Prompt Payment of Claims Act

    The Economic Loss Rule and the Disclosure of Latent Defects: In re the Estate of Carol S. Gattis

    Legal Risks of Green Building

    Court of Appeals Upholds Default Judgment: Serves as Reminder to Respond to Lawsuits in a Timely Manner

    Loss of Use From Allegedly Improper Drainage System Triggers Defense Under CGL Policy

    Contractor Allegedly Stole Construction Materials

    BWB&O Partner Tyler Offenhauser and Associate Lizbeth Lopez Won Their Motion for Summary Judgment Based on the Privette Doctrine

    Inverse Condemnation and Roadwork

    Hurricane Milton Barrels Toward Florida With 180 MPH Winds

    Jinx: Third Circuit Rules in Favor of Teamsters in Withdrawal Case

    Undocumented Debris at Mississippi Port Sparks Legal Battle

    Liability policy covers negligent construction: GA high court

    Hunton Insurance Partner, Larry Bracken, Elected to the American College of Coverage Counsel

    Suing the Lowest Bidder on Public Construction Projects

    Relying Upon Improper Exclusion to Deny Coverage Allows Bad Faith Claim to Survive Summary Judgment

    Car Crashes Through Restaurant Window. Result: Lesson in the History of Additional Insured Coverage

    Hospital Inspection to Include Check for Construction Defects

    OSHA Investigating Bridge Accident Resulting in Construction Worker Fatality

    Hawaii Appellate Court Finds Agent May Be Liable for Failing to Submit Claim

    OSHA Issues Fines for Fatal Building Collapse in Philadelphia

    Construction defect firm Angius & Terry moves office to Roseville

    Construction Lien Does Not Include Late Fees Separate From Interest

    Construction Workers Face Dangers on the Job

    How the New Dropped Object Standard Is Changing Jobsite Safety

    Filling Out the Contractor’s Final Payment Affidavit

    White and Williams LLP Secures Affirmation of Denial to Change Trial Settings Based on Plaintiffs’ Failure to Meet the Texas Causation Standard for Asbestos Cases

    Florida “get to” costs do not constitute damages because of “property damage”

    Exceptions to Privette Doctrine Do Not Apply Where There is No Evidence a General Contractor Affirmatively Contributed to the Injuries of an Independent Contractor's Employee

    Henderson Land to Spend $839 Million on Hong Kong Retail Complex

    Wilke Fleury Attorneys Featured In Northern California Super Lawyers 2021!

    Late Notice Bars Insured's Claim for Loss Caused by Hurricane

    Brenda Radmacher to Speak at Construction Super Conference 2024

    Earth Movement Exclusion Precludes Coverage

    California Supreme Court Shifts Gears on “Reverse CEQA”
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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

    Caltrans to Speak before California Senate regarding Bay Bridge Expansion

    August 06, 2014 —
    The San Francisco Chronicle reported that at an upcoming California Senate hearing, Caltrans is expected to defend itself against “allegations that they ‘gagged and banished’ engineers who identified construction problems on the new Bay Bridge eastern span and that the agency failed to maintain basic quality control on the project.” Members of the “Senate Transportation and Housing Committee will question Caltrans Director Malcolm Dougherty, other state officials and the head of the bridge's lead contractor, American Bridge/Fluor, about two reports last week from an investigator and a panel of six engineers who were critical of how the $6.4 billion project was managed.” Read the court decision
    Read the full story...
    Reprinted courtesy of

    Workers on Big California Bridge Tackle Oil Wells, Seismic Issues

    February 02, 2017 —
    Surrounded by workers, Nik Pecci, project safety manager with PMCM Consulting Engineers for the $1.5-billion Gerald Desmond Bridge replacement project—which is revitalizing a 50-year-old link in Long Beach—gestured in several directions: “I’ve got all these [port] tenants here, I’ve got a massive bridge over here. I have to build this thing intertwined with one of the busiest ports in the world. I constantly have commuters, cargo trucks and trailers and trains.” Read the court decision
    Read the full story...
    Reprinted courtesy of Aileen Cho, ENR
    Ms. Cho may be contacted at choa@enr.com

    Florida’s Statute of Limitations / Repose for Actions Founded on Construction Improvement Modified

    April 25, 2023 —
    On April 13, 2023, Florida’s all-important four-year statute of limitations–Florida Statute s. 95.11(3)(c)–relating to actions founded on construction of an improvement of real property was modified. This is a key statute of limitations for ALL construction practitioners because it also includes the statute of repose for latent construction defects. At the bottom of this posting is the current version fo s. 95.11(3)(c) with the underlined section being recent additions. (They hyperlink above will identify the deletions and additions.) Important things to note:
    • Statute of Repose. The statute of repose has been reduced from 10 years to 7 years. There is now an objective date for when the repose period commences: “within 7 years after the date the authority having jurisdiction issues a temporary certificate of occupancy, a certificate of occupancy, or a certificate of completion, or the date of abandonment of construction if not completed, whichever date is earliest.”
    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

    The Road to Rio 2016: Zika, Super Bacteria, and Construction Delays. Sounds Like Everything is Going as Planned

    July 28, 2016 —
    Athletes began to arrive at the Olympic Village in Rio de Janeiro on Sunday in anticipation of the 2016 Summer Olympics which begin on August 5th. Perhaps the most closely watched event, however, has already begun; and it has no medals. And that is whether Brazil can successfully pull off the Olympics at all. For a city known for its Carnival the months leading up to the Olympics have been just as crazy and chaotic as the days leading up to Mardi Gras. There’s the Zika virus, the discovery of a “super” bacteria, the impeachment of its President, and Brazil’s worst recession in 100 years. And that’s just a partial list. And then, of course, there’s the construction. Cities bidding to host the Olympics often cite revenue from tourism and long-term capital improvements which will benefit its populace long after the games have ended as economic justification for hosting the Olympics. However, the cost to host the Olympics is often underestimated and Rio is no exception, running an estimated $6 billion over budget. Read the court decision
    Read the full story...
    Reprinted courtesy of Garret Murai, Wendel Rosen Black & Dean LLP
    Mr. Murai may be contacted at gmurai@wendel.com

    Wreckage Removal Underway at Site of Collapsed Key Bridge in Baltimore, But Weather Slows Progress

    April 15, 2024 —
    Note: The text of this article was updated 4/3/24 to reflect new information. Weather and water conditions are hampering the piece-by-piece process of cutting and removing wreckage from the collapsed Francis Scott Key Bridge in Baltimore, while officials consider potentially utilizing progressive design-build for a replacement bridge. Officials remain uncertain as to how long the meticulous effort to clear the key shipping channel will take. Reprinted courtesy of Jim Parsons, Engineering News-Record ENR may be contacted at enr@enr.com Read the full story... Read the court decision
    Read the full story...
    Reprinted courtesy of

    Traub Lieberman Partners Dana Rice and Jason Taylor Obtain Summary Judgment For Insurance Carrier Client in Missouri Federal Court Coverage Action

    April 19, 2022 —
    Traub Lieberman Partners Dana Rice and Jason Taylor were recently successful in obtaining summary judgment for a national insurance carrier client in a federal court declaratory judgment action pending in Missouri. The underlying lawsuit involved two wrongful death actions brought against an insured responsible for performing demolition work on a freight elevator shaft as part of a larger demolition project. The two decedents were operating a motorized wire rope pulley inside the shaft when the system failed, causing the work basket occupied by the decedents to fall and resulting in fatal injuries to the workers. Two state court actions followed against the general contractor on the project, the insured, and various other product suppliers and manufacturers of the freight elevator equipment. The firm’s client issued commercial general liability insurance policy, which included an “Injury to Employees, Contractors, Volunteers and Other Workers” exclusion that precluded coverage for bodily injury to a broad variety of workers. As respects the insured, the underlying plaintiffs alleged that the decedent-workers were “employed by” the insured, such that the carrier argued the “Injury to Workers” exclusion barred coverage. The carrier filed a declaratory judgment action in the U.S. District Court for the Eastern District of Missouri seeking a declaration that the insurer had no duty to defend or indemnify its insured for the underlying state court actions under the exclusion, and moved for judgment on the pleadings. The carrier also claimed a related “Contractors and Subcontractors” exclusion barred coverage. Reprinted courtesy of Dana A. Rice, Traub Lieberman and Jason Taylor, Traub Lieberman Mr. Rice may be contacted at drice@tlsslaw.com Mr. Taylor may be contacted at jtaylor@tlsslaw.com Read the court decision
    Read the full story...
    Reprinted courtesy of

    Court Adopts Magistrate's Recommendation to Deny Insurer's Summary Judgment Motion in Collapse Case

    June 06, 2018 —
    The district court accepted the magistrate's recommended ruling denying the insurer's motion for summary judgment on breach of contract and bad faith claims in a case involving collapse. Jang v. Liberty Mut. Fire Ins. Co., 2018 U.S. Dist. LEXIS 51880 (D. Conn. March 27, 2018). After purchase of their home, the insureds' inspector found large cracks in the foundation. Liberty denied coverage, contending that the basement wall was collapsing due to settling earth or movement. The insureds' expert later found the foundation had cracks from the oxidation of iron sulfide minerals in the foundation's concrete. The insureds sued for breach of contract, bad faith, and violations of the Connecticut Unfair Insurance Practice Act and the Unfair Trade Practices Act. 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

    The Registered Agent Advantage

    October 22, 2014 —
    In the Commonwealth of Virginia, as in most states, all corporations, LLC’s or other corporate style entities are required to have a registered agent if they are to do business in the Commonwealth. The reasons for the requirement are many, but the main ones are taxation, service of process and communication from the Virginia State Corporation Commission (the “SCC”). Without such a registered agent, many rights, for example the right to prosecute a lawsuit, are not available to the unregistered entity. As a construction company that I hope is incorporated (if you aren’t you should do take this step), your registered agent can be an officer of the company, a company that meets the requirements of the SCC that allow it to act as a registered agent, or an attorney licensed in the Commonwealth of Virginia. It is this last category that you should carefully consider. Why do I think that a Virginia construction attorney is the best candidate for use as the registered agent of either a local or out of state contractor or subcontractor? As you might imagine from the title of this post, I’ll let you know. Read the court decision
    Read the full story...
    Reprinted courtesy of Christopher G. Hill, Law Office of Christopher G. Hill, PC
    Mr. Hill may be contacted at chrisghill@constructionlawva.com