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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
    20 Hartford Rd Suite 18
    Salem, CT 06420

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    Rocky Hill, CT 06067

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    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


    ABC Chapter President Comments on Miami Condo Collapse

    Contractual Setoff and Application When Performance Bond Buys Out of its Exposure

    Corrective Action Protest Grounds for GSA Schedule Federal Construction Contractors

    Is Construction Defect Notice under Florida Repair Statute a Suit?

    Herman Russell's Big Hustle

    City and Contractor Disclaim Responsibility for Construction Error that Lead to Blast

    Courts Generally Favor the Enforcement of Arbitration Provisions

    Citigroup Reaches $1.13 Billion Pact Over Mortgage Bonds

    Utah Becomes First State to Enact the Uniform Commercial Real Estate Receivership Act

    Virginia General Assembly Helps Construction Contractors

    No Duty to Indemnify When Discovery Shows Faulty Workmanship Damages Insured’s Own Work

    How is Negotiating a Construction Contract Like Buying a Car?

    Federal Courts Keep Chipping Away at the CDC Eviction Moratorium

    Value in Recording Lien within Effective Notice of Commencement

    Untangling Unique Legal Issues in Modern Modular Construction

    You Cannot Arbitrate Claims Not Covered By The Arbitration Agreement

    Real Estate & Construction News Round-Up (11/30/22) – Proptech Trends, Green Construction, and Sustainable Buildings

    Court Makes an Unsettling Inference to Find that the Statute of Limitations Bars Claims Arising from a 1997 Northridge Earthquake Settlement

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

    No Coverage for Additional Insured

    Feds, County Seek Delay in Houston $7B Road Widening Over Community Impact

    Research Institute: A Shared Information Platform Reduces Construction Costs Considerably

    Louisiana Couple Sues over Defects in Foreclosed Home

    Contractors Liable For Their Subcontractor’s Failure To Pay Its Employees’ Wages And Benefits

    Construction Defect Claim Survives Insurer's Summary Judgment Motion Due to Lack of Evidence

    Presidential Memorandum Promotes Reliable Supply and Delivery of Water in the West

    “Positive Limiting Barriers” Are An Open and Obvious Condition, Relieving Owner of Duty to Warn

    Ceiling Collapse Attributed to Construction Defect

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    Real Estate & Construction News Roundup (7/17/24) – Housing Inflation to Remain High, Proptech Investment to Fall and Office Vacancy Rates to Reach Peak in 2025

    Courts Favor Arbitration in Two Recent Construction Dispute Cases

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    Contractual Assumption of Liability Does Not Bar Coverage

    Congratulations to Haight Attorneys Selected to the 2023 Southern California Super Lawyers List

    He's the Top U.S. Mortgage Salesman. His Daughter Isn't Buying It

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

    Municipalities Owe a Duty to Pedestrians Regardless of Whether a Sidewalk Presents an “Open and Obvious” Hazardous Condition. (WA)

    Green Construction Claims: More of the Same

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    Inverse Condemnation and Roadwork

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    Year and a Half Old Las Vegas VA Emergency Room Gets Rebuilt

    Connecticut Grapples With Failing Concrete Foundations
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    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.

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    Fairfield, Connecticut

    Happenings in and around the West Coast Casualty Seminar

    April 02, 2014 —
    For those who are attending the West Coast Casualty Construction Defect Seminar May 15th-16th, the Construction Defect Journal has compiled a list of concerts, sporting events, and museum exhibitions taking place in and around Anaheim that week. Whether you like to spend your personal time checking out a new band, or watching your favorite Angel slide into home, or perusing the local art museum, there is something to spark your interest. CONCERT VENUES THE HOUSE OF BLUES IN ANAHEIM Blessthefall with Silverstein, The Amity Affliction, SECRETS and Heartist Tuesday, May 13th, 2014 Doors Open at 6pm / Show Begins at 7pm For More Information and to Purchase Tickets... THE HOUSE OF BLUES IN ANAHEIM Stephen "Ragga" Marley Saturday, May 17th, 2014 Doors Open at 8pm / Show Begins at 9pm For More Information and to Purchase Tickets... THE GROVE OF ANAHEIM Lindsey Stirling plus special guest Dia Frampton Wednesday, May 14, 2014 Doors Open at 7pm / Show Begins at 8pm For More Information and to Purchase Tickets... THE GROVE OF ANAHEIM Primal Fear Thursday, May 15, 2014 Doors Open at 6:30pm / Show Begins at 7pm For More Information and to Purchase Tickets... THE GROVE OF ANAHEIM Jillian Michaels 'Maximize Your Life' Tour Friday, May 16, 2014 Doors Open at 6pm / Show begins at 8pm For More Information and to Purchase Tickets... SPORTING EVENTS ANGEL’S STADIUM - BASEBALL The Los Angeles Angels of Anaheim v. Tampa Bay Rays Thursday, May 15th at 7:05pm Friday, May 16th at 7:05pm Saturday, May 17th at 6:05pm Sunday, May 18th at 12:35pm For More Information and to Purchase Tickets... MUSEUM EXHIBITIONS MUZEO Transcending Trash: The Art of Upcycling Sat Apr 26 – Sun Aug 31, 2014 Museum Days/Hours: Tuesday – Sunday (Closed Mondays) / 10 am to 5 pm For More Information and to Purchase Tickets... BOWERS MUSEUM (Santa Ana) BEETHOVEN: THE LATE GREAT February 8, 2014 - May 18, 2014 Museum Days/Hours: Tuesday – Sunday (Closed Mondays) / 10 am to 4 pm For More Information and to Purchase Tickets... Read the court decision
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    Construction Contract Provisions that Should Pique Your Interest

    September 30, 2019 —
    Construction contracts are a big part of my legal practice and the drumbeat here at Construction Law Musings. Why? Because not only does your construction contract set the expectations and “rules of the game” for a construction project, it will be read strictly and literally by the Virginia courts should there be a dispute. For these reasons, construction professionals need to be alert for the language in certain key clauses in a construction contract to assure that these clauses are as balanced as possible and also well understood. Here are my “Top Five”:
    1. “Pay if Paid”- These clauses are almost always in the subcontracts between a general contractor and a subcontractor and are enforceable in Virginia if drafted correctly and under the proper circumstances.
    2. Change Orders- Whether work is subject to a change order and the required payment for any changed work are often a key source of contention (read legal fees). A properly drafted and followed change order provision can help avoid much of this contention.
    3. Indemnity- Much has been made in recent years about indemnity provisions and their enforceability. All parties in the construction payment chain can and should be aware of how to best draft their indemnity provisions to make them enforceable. Failure to do so can be catastrophic.
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    Reprinted courtesy of The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at chrisghill@constructionlawva.com

    Real Estate & Construction News Round-Up (05/18/22)

    June 13, 2022 —
    Businesses renovate office spaces at a historic pace, China plans to build a 3D-printed hydropower dam without human workers, the U.S. infrastructure package has thousands of projects underway, and more.
    • Miami’s crypto-real estate boom has been challenging all conventional wisdoms as the price of crypto currencies like Bitcoin have surged, which could spill over into other popular real estate markets. (Peter Lane Taylor, Forbes)
    • China is planning to build the world’s first 3D-printed hydropower dam in Tibet, with an AI-powered design and no human workers. (Matthew Loh, Business Insider)
    • With the hybrid work model here to stay, businesses are having their offices renovated at a historic pace. (Joe Dyton, Connected Real Estate Magazine)
    Read the court decision
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    Reprinted courtesy of Pillsbury's Construction & Real Estate Law Team

    Watchdog Opens Cartel Probe Into Eight British Homebuilders

    April 02, 2024 —
    Britain’s top antitrust enforcer has opened an investigation into eight housebuilders to probe potential information sharing, sharpening scrutiny of a sector that’s failing to deliver enough affordable housing to meet demand. The Competition and Markets Authority has opened a cartel investigation into eight developers including Barratt Developments Plc, the Berkeley Group, Persimmon Plc and Vistry Group Plc. The investigation centers on concerns the companies may have exchanged competitively sensitive information, which could be influencing the build-out of sites and the prices of new homes. An initial review will take place until December. CMA Chief Executive Officer Sarah Cardell told Bloomberg Television the watchdog had seen potential evidence of companies exchanging information relating to pricing, sales rates, and incentives offered to new homebuyers. The watchdog has the power to fine firms a maximum penalty of as much as 10% of annual revenue and disqualify directors following cartel investigations. Reprinted courtesy of Damian Shepherd, Bloomberg and Katharine Gemmell, Bloomberg Read the court decision
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    Safety Officials Investigating Death From Fall

    September 09, 2011 —

    California safety officials are looking into the circumstances surrounding the death of a construction worker who fell from a roof in Tiburon, California. Another worker found Gabriel Vasquez unconscious at the site. Vasquez was later pronounced dead. The State Division of Occupational Safety and Health are trying to determine how Vasquez fell.

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    Colorado Springs may be Next Colorado City to Add Construction Defects Ordinance

    October 28, 2015 —
    The Gazette reported that Colorado Springs city councilwoman Jill Gaebler stated that “she would bring a proposal to the council next month that would address the construction defects issue.” Gaebler told The Gazette: “We have gone back and forth with how best to address this issue. It is a statewide concern, so how do we bring forward something that is meaningful to our community without stepping on the toes of our legislators?” The state of Colorado has tried and failed to pass construction defects legislation three years in a row, according to The Gazette. If Colorado Springs adopts an ordinance, it will become the ninth city to pass construction defects laws. Read the court decision
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    Reprinted courtesy of

    FIFA Inspecting Brazil’s World Cup Stadiums

    March 26, 2014 —
    Representatives from FIFA have returned to Brazil to conduct inspections of the World Cup stadiums, according to the San Francisco Chronicle. Even though Brazil had told FIFA they would have all twelve done by the end of 2013, only nine are finished. Furthermore, “infrastructure work in many of the 12 host cities remains far from completed.” “This is the last occasion for the organizers to take stock of the operational preparations before the respective FIFA World Cup installations begin to be implemented in all 12 host cities,” FIFA said in a statement, as quoted in the San Francisco Chronicle. Read the court decision
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    Wait, You Want An HOA?! Restricting Implied Common-Interest Communities

    September 17, 2018 —
    While the butt of many jokes and a thorn in the side of some property owners, homeowners associations (“HOAs”) serve the vital function of collecting and disbursing funds to care for and maintain common areas of residential developments. Without HOAs, neighborhood open spaces, parks, and other amenities risk falling into disrepair through a type of tragedy of the commons, wherein residents use such amenities but refuse to subsidize care and maintenance for these common areas believing someone else will pony-up the funds. HOAs, when properly organized and managed, avoid this problem by ensuring everyone pays their fair shares for the common areas. Colorado’s Common Interest Ownership Act (“CCIOA”), C.R.S. § 38-33.3-101 et seq., sets forth the manner in which such common-interest communities, and their related associations, must be established. Earlier this summer, the Colorado Supreme Court issued an opinion limiting the application of previous case law that allowed for the establishment of common-interest communities (and their related HOAs) by implication. See McMullin v. Hauer, 420 P.3d 271 (Colo. 2018). Prior to McMullin, Colorado courts had been increasing the number of factual scenarios implying the creation of common-interest communities under CCIOA. See e.g., Evergreen Highlands Assoc. v. West, 73 P.3d 1 (Colo. 2003) (finding an implied obligation of landowners to fund a pre-existing HOA’s obligations); DeJean v. Grosz, 412 P.3d 733 (Colo. App. 2015) (finding an implied right of a homeowner to found an HOA after the developer filed a declaration expressing an intent to form one but ultimately failed to do so); and Hiwan Homeowners Assoc. v. Knotts, 215 P.3d 1271 (Colo. App. 2009) (finding the existence of an HOA despite no common property existing within the development). The McMullin opinion highlights the importance of strict compliance with CCIOA to preserve common areas in a development, ensure the ability to fund maintenance of such areas, and avoid future litigation. Read the court decision
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    Reprinted courtesy of Neil McConomy, Snell & Wilmer
    Mr. McConomy may be contacted at nmcconomy@swlaw.com