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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

    Fairfield Connecticut Building Expert 10/ 10

    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


    Where Do We Go From Here?

    A Game of Texas Hold’em: How Texas Stopped Wage Increases for Salaried Exempt Employees Nationwide

    U.K. Construction Unexpectedly Strengthens for a Second Month

    Lease-Leaseback Battle Continues as First District Court of Appeals Sides with Contractor and School District

    Judgment Proof: Reducing Litigation Exposure with Litigation Risk Insurance

    Banks Loosening U.S. Mortgage Standards: Chart of the Day

    Zinc in London Climbs for Second Day Before U.S. Housing Data

    Jobsite Safety, Workforce Shortage Drive Innovation in Machine Automation

    South Carolina’s New Insurance Data Security Act: Pebbles Before a Landslide?

    New Executive Orders Expedite the Need for Contractors to Go Green

    Five Lewis Brisbois Attorneys Named “Top Rank Attorneys” by Nevada Business Magazine

    Largest Per Unit Settlement Ever in California Construction Defect Case?

    Justin Clark Joins Newmeyer & Dillion’s Walnut Creek Branch as its Newest Associate

    Anti-Concurrent Causation Clause Eliminates Loss from Hurricane

    Surety's Settlement Without Principal's Consent Is Not Bad Faith

    Awarding Insurer Summary Judgment Before Discovery Completed Reversed

    Are Untimely Repairs an “Occurrence” Triggering CGL Coverage?

    Trends in Project Delivery Methods in Construction

    Workers Compensation Immunity and the Intentional Tort Exception

    A Place to Study Eternity: Building the Giant Magellan Telescope

    Seven Key Issues for Construction Professionals to Consider When Dealing With COVID-19

    Is Everybody Single? More Than Half the U.S. Now, Up From 37% in '76

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    Motion to Dismiss Insureds' Counterclaim on the Basis of Prior Knowledge Denied

    Last, but NOT Least: Why You Should Take a Closer Look at Your Next Indemnification Clause

    Does Article 2 of the Uniform Commercial Code Impact Your Construction Project?

    Texas Supreme Court Holds Stipulated Extrinsic Evidence May Be Considered in Determining Duty to Defend

    Newmeyer & Dillion Attorneys Selected to the 2016 Southern California Super Lawyers Lists

    Colorado Senate Bill 13-052 Dies in Committee

    7 Sustainability Ideas for Modular Classrooms in the Education Industry (guest post)

    Construction Defects Claims Can Be Limited by Contract Says Washington Court

    Subsequent Purchaser Can Assert Claims for Construction Defects

    Insurer Granted Summary Judgment on Faulty Workmanship Claim

    Washington State Updates the Contractor Registration Statute

    OSHA’s Multi-Employer Citation Policy: What Employers on Construction Sites Need to Know

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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

    The “Unavailability Exception” is Unavailable to Policyholders, According to New York Court of Appeals

    September 10, 2018 —
    The New York Court of Appeals recently upheld a prior appellate division decision finding that policyholders facing environmental claims, spanning multiple years, cannot force their insurers partially on the risk to provide coverage for years where the insurers did not issue policies, even though pollution insurance was unavailable in the marketplace. In Keyspan Gas E. Corp. v. Munich Reins. Am., Keyspan Gas East Corporation (“Keyspan”) argued other insurers should cover the period when pollution property insurance was unavailable in the marketplace, according to their pro-rata share of coverage. 31 N.Y.3d 51 (2018). In a unanimous decision, the Court emphasized the Appellate Division’s prior ruling that stated, “spreading risk should not by itself serve as a legal basis for providing free insurance to an insured.” Read the court decision
    Read the full story...
    Reprinted courtesy of William S. Bennett, Saxe Doernberger & Vita, P.C.
    Mr. Bennett may be contacted at wsb@sdvlaw.com

    HP Unveils Cheaper, 3-D Printing System to Spur Sales

    November 05, 2014 —
    Hewlett-Packard Co. (HPQ) unveiled a new 3-D-capable computer and speedier 3-D printer technology as it prepares to spin off its personal-computer and printer businesses into a stand-alone company. The company today introduced Sprout, an $1,899 computer that lets people scan and manipulate 2-D and 3-D objects. It will be available early next month online and in some U.S. stores. Hewlett-Packard also said new 3-D printer technology will make the process cheaper and faster than competitors. The Palo Alto, California-based company is betting that 3-D technology will help revitalize sales and spur growth in the printer industry. More than 2.3 million 3-D printers will ship in 2018, up from about 108000 this year, according to researcher Gartner Inc. Earlier this month, Hewlett-Packard said it would split into two companies by late 2015, with one focused on corporate hardware services and the other -- dubbed HP Inc. -- on PCs and printers. Read the court decision
    Read the full story...
    Reprinted courtesy of Jack Clark, Bloomberg
    Mr. Clark may be contacted at jclark185@bloomberg.net

    Tests Find Pollution From N.C. Coal Ash Site Hit by Florence Within Acceptable Levels

    October 30, 2018 —
    RALEIGH, N.C. (AP) — Despite the gray muck that fouled the Cape Fear River near a Wilmington power plant after Hurricane Florence, water tests so far show heavy metals contained in coal ash are within state standards, North Carolina environmental officials said Thursday. Read the court decision
    Read the full story...
    Reprinted courtesy of Engineering News-Record
    ENR may be contacted at ENR.com@bnpmedia.com

    Remote Work Issues to Consider in Light of COVID-19

    March 23, 2020 —
    Many employers have elected to implement a remote work policy in light of the COVID-19 coronavirus outbreak. If you are one of them, you should consider the following as you transition your workforce to a remote working environment. Preliminary Steps The first step prior to implementation is ensuring that you have sufficient technological infrastructure and capabilites. You should assess what types of equipment (e.g., desktop computers, laptops, phones, printers, and office supplies) your employees will need to work remotely, and ensure that there is sufficient inventory and that employees can gain access to the equipment. You should also confirm that you have data security measures in place and brief employees on best practices for security and protection of data. You should refer employees to your organization’s technology policy regarding the safeguarding of data. If none exist, you should strongly consider creating and implementing one. One of the more important aspects of any policy is restrictions on where employees may work remotely. For example, some employers prohibit employees from working remotely on public wifi networks due to security concerns. Whether these or other policies are right for your organization depends on the nature of your work and data, security measures you have in place, and your risk tolerance. Beyond technology issues, you should prepare a checklist of necessary work items and materials that employees will need to perform their jobs remotely. You should also clearly communicate to employees which items may be removed from the workplace and taken home and which should remain. Read the court decision
    Read the full story...
    Reprinted courtesy of Philip K. Lem, Payne & Fears
    Mr. Lem may be contacted at pkl@paynefears.com

    Construction Warranties and the Statute of Repose – Southern States Chemical, Inc v. Tampa Tank & Welding Inc.

    January 20, 2020 —
    In a recent holding by the Georgia Court of Appeals, the court held that Georgia’s eight-year statute of repose applied to bar the project owner’s warranty claims. The renovation work by the contractor on the owner’s chemical tank constituted an improvement of real property, and thus, the statute of repose bared any claims eight years after substantial completion thereof. In addition, the court rejected the project owner’s claim that it qualified as a third-party beneficiary of an extended warranty contained in a report given by a subcontractor to the contractor. Factual Background In 2000, Southern States Phosphate and Fertilizer Company (“Southern States”) hired Tampa Tank & Welding, Inc (“Tampa Tank”) to renovate a tank to hold sulfuric acid. The parties’ written contract contained an express one-year warranty for material and workmanship from the date of completion. Two years later, in January 2002, the tank renovation was completed. Tampa Tank contracted with Corrosion Control Inc. (“CCI”) to design, assist with, and test the cathodic corrosion system. CCI provided only consultation and did not provide any onsite installation. Upon completion of installation, CCI supplied a report to Tampa Tank that the system was properly installed and fully functioning. Additionally, a post–installation report from CCI to Tampa Tank calculated an estimated life expectancy of forty-three to forty-five years. Read the court decision
    Read the full story...
    Reprinted courtesy of David R. Cook, Autry, Hall & Cook, LLP
    Mr. Cook may be contacted at cook@ahclaw.com

    Ohio Supreme Court Holds No Occurence Arises from Subcontractor's Faulty Workmanship

    January 09, 2019 —
    The Ohio Supreme Court bucked the modern trend by finding that there was no coverage under CGL policy's the subcontractor's exception for faulty workmanship claimed against the insured. Ohio N. Univ. v. Charles Constr. Servs. 2018 Ohio LEXIS 2375 (Ohio Oct. 9, 2018). The University contracted with Charles Construction Services, Inc. to build a new luxury hotel and conference center on campus. After work was completed, the University discovered extensive water damage from hidden leaks that it believed were caused by the defective work of Charles Construction and its subcontractors. Repairs were made at the cost of $6 million. 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

    Sales of New Homes in U.S. Increased 5.4% in July to 507,000

    August 26, 2015 —
    Purchases of new homes in the U.S. rebounded in July, bolstering signs the real-estate market is picking up. Sales climbed 5.4 percent, the biggest gain this year, to a 507,000 annualized pace from a 481,000 rate in the prior month, a Commerce Department report showed Tuesday in Washington. The median forecast of 75 economists surveyed by Bloomberg called for 510,000. Demand had declined 7.7 percent in June. Demand for new properties is likely to keep expanding amid strong employment, low borrowing costs and a lack of available existing homes from which to choose. The improving outlook may spur more residential construction, contributing to the economic expansion in the second half of the year. Read the court decision
    Read the full story...
    Reprinted courtesy of

    Submitting Claims on Government Projects Can Be Tricky

    March 19, 2015 —
    The Federal Circuit Court of Appeals opinion in K-Con Building Systems, Inc. v. United States illustrates the difficulties a contractor may face when pursuing a claim before a Contracting Officer. After nearly 10 years of litigation, the court found that the contractor’s claim to the Contracting Officer did not contain enough detail to allow the claim to proceed. That’s a lot of time and resources wasted on a claim that was dead from the start. K-Con was awarded a $582,000 job to design and build a Coast Guard support building in Michigan. K-Con was unable to complete the project by the finish date and the Coast Guard assessed liquidated damages of $109,554. K-Con contested the assessment of liquidated damages by submitting a one paragraph letter asserting that it was not the sole cause of the alleged delays; that the government was at fault for the delay; and the liquidated damages were an impermissible penalty. The Contracting Officer ultimately denied K-Con’s claim and K-Con appealed to the Court of Claims. 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