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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

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    Building Expert News and Information
    For Fairfield Connecticut


    Assignment Endorsement Requiring Consent of All Insureds, Additional Insureds and Mortgagees Struck Down in Florida

    Because I Haven’t Mentioned Mediation Lately. . .

    Preventing Acts of God: Construction Accidents Caused by Outside Factors

    Mississippi Floods Prompt New Look at Controversial Dam Project

    Pennsylvania Finds Policy Triggered When Property Damage Reasonably Apparent

    Insurer in Bad Faith For Refusing to Commit to Appraisal

    Southern California Super Lawyers Recognizes Four Snell & Wilmer Attorneys As Rising Stars

    Hurricane Warning: Florida and Southeastern US Companies – It is Time to Activate Your Hurricane Preparedness Plan and Review Key Insurance Deadlines

    Alleged Damage to Personal Property Does Not Revive Coverage for Construction Defects

    EPA and the Corps of Engineers Repeal the 2015 “Waters of the United States” Rule

    National Demand Increases for Apartments, Refuting Calls for Construction Defect Immunity in Colorado

    Congratulations to Haight Attorneys Selected to the 2020 Southern California Super Lawyers List

    Premises Liability: Everything You Need to Know

    Angela Cooner Appointed Vice-Chair of Arizona’s Inaugural Board of Legal Specialization Construction Defect Law Advisory Commission

    Exception to Watercraft Exclusion Does Not Apply

    Leveraging the 50-State Initiative, Connecticut and Maine Team Secure Full Dismissal of Coverage Claim for Catastrophic Property Loss

    Tenth Circuit Finds Appraisal Can Decide Causation of Loss Under Colorado Law

    The Riskiest Housing Markets in the U.S.

    Mark Van Wonterghem To Serve as Senior Forensic Consultant in the Sacramento Offices of Bert L. Howe & Associates, Inc.

    Water Backup Payment Satisfies Insurer's Obligation to Cover for Rain Damage

    Design-build Trends, Challenges and Risk Mitigation

    Florida Supreme Court Adopts Federal Summary Judgment Standard, Substantially Conforming Florida’s Rule 1.510 to Federal Rule 56

    Motion to Dismiss COVID Claim Granted in Part, Denied in Part

    Why Do Construction Companies Fail?

    New Jersey Legislation Would Bar Anti-Concurrent Causation Clause in Homeowners' Policies

    Goldman Veteran Said to Buy Mortgages After Big Short

    Slavin Doctrine and Defense from Patent Defects

    McDermott International and BP Team Arbitrate $535M LNG Site Dispute

    1st District Joins 2nd District Court of Appeals and Holds that One-Year SOL Applies to Disgorgement Claims

    The Texas Storm – Guidance for Contractors

    The Contract Disputes Act: What Every Federal Government Contractor Should Know

    Turkey Digs Out From a Catastrophe

    Safety Data: Noon Presents the Hour of Greatest Danger

    White and Williams LLP Acquires 6 Attorney Firm

    Claim Against Broker for Failure to Procure Adequate Coverage Survives Summary Judgment

    Developer Sues TVA After It Halts Nuke Site Sale

    NY Appeals Court Ruled Builders not Responsible in Terrorism Cases

    Another Reminder that Your Construction Contract is Only as Good as Those Signing It

    There's No Place Like Home

    Loan Modifications Due to COVID-19 Pandemic: FDIC Answers CARES Act FAQs

    New York Court Holds Radioactive Materials Exclusion Precludes E&O Coverage for Negligent Phase I Report

    Want to Use Drones in Your Construction Project? FAA Has Just Made It Easier.

    Comply with your Insurance Policy's Conditions Precedent (Post-Loss Obligations)

    Associated Builders and Contractors Northern California Chapter Announces New President/CEO

    Blueprint for Change: How the Construction Industry Should Respond to the FTC’s Ban on Noncompetes

    Certified Question Asks Hawaii Supreme Court to Determine Coverage for Allegations of Greenhouse Gas Emissions

    Insurer's Motion to Dismiss Business Interruption, COVID-19 Claims Under Pollution Policy Fails

    Tick Tock: Don’t Let the Statute of Repose or Limitations Time Periods Run on Your Construction Claims

    Mortgage Firms Face Foreclosure Ban Until 2022 Under CFPB Plan

    Whose Employee is it Anyway?: Federal Court Finds No Coverage for Injured Subcontractor's Claim Based on Modified Employer's Liability Exclusion
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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

    Fraud Claims and Breach Of Warranty Claims Against Manufacturer

    March 04, 2024 —
    A recent case touches upon two issues that are noteworthy when considering fraud claims and breach of warranty claims against a manufacturer. Below contains a discussion on these claims. Independent Tort Doctrine “Florida’s independent tort doctrine provides that a party may not recover in tort for a contract dispute unless the tort is independent of any breach of contract.” MidAmerica C2L Inc. v. Siemens Energy, Inc., 2024 WL 414620, *6 (M.D.Fla. 2024). This means tort allegations and claims MUST be separate and distinct from performance under the contract. Id. (citation omitted). In MidAmerica C2L, a plaintiff sued a manufacturer relating to sophisticated equipment for a coal gasification plant. The parties entered into different agreements for the equipment and a license where the plaintiff could use the manufacturer’s patented technology for its coal gasification plants. A dispute arose and the plaintiff sued the manufacturer under various legal theories. The manufacturer moved for summary judgment. 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

    Construction Recovery Still Soft in New Hampshire

    May 10, 2013 —
    The latest building news out of New Hampshire is somewhat mixed. Yes, there has been an increase of seventeen percent in the value of future residential construction on the state. But that’s not enough to offset the general slide in the value of future construction overall. The New Hampshire Business Review reports that the state saw a four percent drop in the cost of planned construction, comparing March 2012 to March 2013. The total value of the drop was shared between the twelve percent drop in nonresidential construction and the fifty-two percent drop in infrastructure building, each of which were more than $4 million less than in the prior year. The rise in residential construction could not make up the loss in other areas. Read the court decision
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    Reprinted courtesy of

    A Retrospective As-Built Schedule Analysis Can Be Used to Support Delay

    May 23, 2022 —
    Delay claims are part of construction. There should be no surprise why. Time is money. A delay claim should be accompanied by expert opinions that bolster evidence that gets introduced. The party against whom the delay claim is made will also have an expert – a rebuttal expert. Not surprisingly, each of the experts will rely on a different critical path as to relates to the same project. The party claiming delay will rely on a critical path that shows the actions of the other party impacted their critical path and proximately caused the delay. This will be refuted by the opposing expert that will challenge the critical path and the actions claimed had no impact on the critical path (i.e., did not proximately cause the delay). Quintessential finger pointing! This was the situation in CTA I, LLC v. Department of Veteran Affairs, CBCA 5826, 2022 WL 884710 (CBCA 2022), where the government terminated the contractor for convenience and the contractor claimed equitable adjustments for, among other things, delay. The contractor’s expert relied on an as-built critical path analysis by “retrospectively creating updates to insert between the contemporaneous updates.” Id., supra, n.3. The government’s expert did not do a retrospective as-built analysis and relied on only contemporaneous schedule updates. Id. 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

    Hirer Liable for Injury to Subcontractor’s Employee Due to Failure to Act, Not Just Affirmative Acts, Holds Court of Appeal

    December 11, 2018 —
    The Privette doctrine, named after the court case Privette v. Superior Court (1993) 5 Cal.4th 689, provides that a higher-tiered party such as an owner or general contractor is not liable for injuries sustained by employees of a lower-tiered party such as a subcontractor on a construction project. There are, however, exceptions to the Privette doctrine. One of these exceptions is known as the “retained control doctrine.” Under the retained control doctrine, a higher-tiered party cannot avoid liability under the Privette doctrine if the higher-tiered party: (1) retains control over the conditions of the work; (2) negligently exercises control over such conditions; and (3) its negligent exercise of control contributes to the injuries sustained by the employee of the lower-tiered party. 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

    The Sky is Falling! – Or is it? Impacting Lives through Addressing the Fear of Environmental Liabilities

    March 30, 2016 —
    Six months ago, a couple anxiously relayed to N&D lawyers how the sky was falling – with environmental liabilities at the center of their seemingly real Chicken Little fears. The couple owned two properties in a central California town, one being a former gas station which an oil company had abandoned alleging the lease was void given partial eminent domain actions. Before interviewing us, the couple had spent in excess of $100,000 in legal fees with another law firm trying to force the oil company to take responsibility for potential environmental impacts under the disputed lease. Reprinted courtesy of John Van Vlear, Newmeyer & Dillion, LLP and Karl Foster, Newmeyer & Dillion, LLP Mr. Van Vlear may be contacted at john.vanvlear@ndlf.com. Mr. Foster may be contacted at karl.foster@ndlf.com Read the court decision
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    Reprinted courtesy of

    No Indemnity Coverage Where Insured Suffers No Loss

    November 05, 2014 —
    The insured subcontractor sought coverage under its Builder's Risk policy for loss despite already being paid under contract the amount sought under the policy. MKB Constr. v. Am Zurich Ins. Co., 2014 U.S. Dist. LEXIS 136096 (W.D. Wash. Sept. 24, 2014). MKB contracted with the Lower Yukon School District (LYSD) to place gravel fill for a new building pad upon which a school building would be placed in Emmonak, Alaska. The project site was built on tundra that melted in the summer, becoming marshy and pocketed by pools of standing water. LYSD provided the bidding contractors with information stating that settlements of 3 to 9 inches could be expected in areas with 30 inches of fill. The contract was awarded to MKB, who subsequently realized it had under bid the amount of gravel fill that would be required. The estimated difference in the amount bid and the amount that would be needed was 6,583 cubic yards. LYSD refused to increase the contract price. 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

    Get Construction Defects in Writing

    December 11, 2013 —
    Sometimes, even if a developer is willing to make a repair, sometimes the repair doesn’t get to the actual problem, according to Nicholas D. Cowie of Cowie & Mott, writing on his blog. He notes that “getting it ‘right’ the first time is important and written documentation is key.” He gives the example of “when a developer agrees to informally repair a window or roof leak, the ‘repair,’ as far as the developer is concerned, may consist merely of sending out a worker with a caulk gun to seal gaps that should have been protected with a solid flashing material during the original installation.” As a better course, he says that homeowner associations should “request a written description of the proposed repair” in order that it can be evaluated. This also allows follow-up to determine if the agreed-upon repair was done properly. And, although some homeowners associations would rather not have the original subcontractor repair their own work, here warranties often come into play. Read the court decision
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    Reprinted courtesy of

    Pennsylvania Commonwealth Court Holds that Nearly All Project Labor Agreements are Illegal

    February 18, 2019 —
    In what is nothing short of a monumental decision, on January 11, 2019, the Pennsylvania Commonwealth Court in Allan Myers L.P. v. Department of Transportation ruled that nearly all project labor agreements in Pennsylvania are illegal under the Commonwealth’s procurement code. What are Project Labor Agreements? In short, Project Labor Agreements (PLAs) are pre-hire agreements that set the working conditions for all employees of contractors working on a construction project. Typically, a PLA is entered into between an public or private construction project owner and certain local building trade unions. PLAs require the use of union labor that is to be hired exclusively through the hiring halls of the unions who are parties to the PLA. PLAs are controversial because, among other reasons, while not expressly excluding non-union contractors from performing work on the project, they require non-union firms to use union members instead of their regular employees. Read the court decision
    Read the full story...
    Reprinted courtesy of Wally Zimolong, Zimolong LLC
    Mr. Zimolong may be contacted at wally@zimolonglaw.com