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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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    Local # 0720
    2189 Silas Deane Highway
    Rocky Hill, CT 06067

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    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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    Local # 0700
    3 Regency Dr Ste 204
    Bloomfield, CT 06002

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    Building Expert News and Information
    For Fairfield Connecticut


    Insurance Policies and Indemnity Provisions Are Not the Same

    Two New Developments in Sanatoga, Pennsylvania

    As Single-Family Homes Get Larger, Lots Get Smaller

    AAA Revises Construction Industry Arbitration Rules and Mediation Procedures

    July 1, 2015 Statutory Changes Affecting Virginia Contractors and Subcontractors

    Another Municipality Takes Action to Address the Lack of Condominiums Being Built in its Jurisdiction

    Remodel Leaves Guitarist’s Home Leaky and Moldy

    Who Is To Blame For Defective — And Still LEED Certified — Courthouse Square?

    Plaintiffs Not Barred from Proving Causation in Slip and Fall Case, Even With No Witnesses and No Memory of Fall Itself

    Traub Lieberman Partners Lisa Rolle, Erin O’Dea, and Nicole Verzillo Win Motion for Summary Judgment in Favor of Property Owner

    The Evolution of Construction Defect Trends at West Coast Casualty Seminar

    U.S. Architecture Firms’ Billing Index Faster in Dec.

    He Turned Wall Street Offices Into Homes. Now He Vows to Remake New York

    Washington Court Tunnels Deeper Into the Discovery Rule

    Property Owners Sue San Francisco Over Sinking Sidewalks

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

    Know Whether Your Course of Business Operations Are Covered Or Excluded By Your Insurance

    Lewis Brisbois Ranked Tier 1 Nationally for Insurance Law, Mass Tort/Class Actions Defense, Labor & Employment Litigation, and Environmental Law in 2024 Best Law Firms®

    Berger: FIGG Is Slow To Hand Over All Bridge Collapse Data

    Breach of an Oral Contract and Unjust Enrichment and Implied Covenant of Good Faith and Fair Dealing

    Five Construction Payment Issues—and Solutions

    Contractor’s Coverage For Additional Insured Established by Unilateral Contract

    Competitive Bidding Statute: When it Applies and When it Does Not

    Save a Legal Fee: Prevent Costly Lawsuits With Claim Limitation Clauses

    HHMR is pleased to announce that David McLain has been selected as a 2020 Super Lawyer

    Time to Reform Construction Defect Law in Nevada

    Hawaii Court of Appeals Finds Insured AOAO Not Liable for Securing Inadequate Insurance

    Construction Defects Up Price and Raise Conflict over Water Treatment Expansion

    Eastern District of Pennsylvania Clarifies Standard for Imposing Spoliation Sanctions

    Under Colorado House Bill 17-1279, HOA Boards Now Must Get Members’ Informed Consent Before Bringing A Construction Defect Action

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    Norfolk Southern Agrees to $310M Settlement With Feds Over 2023 Ohio Derailment

    Ohio Court of Appeals: Absolution Pollution Exclusion Bars Coverage for Workplace Coal-Tar Pitch Exposure Claims

    No Coverage for Faulty Workmanship Where Underlying Claim is Strictly Breach of Contract

    Builder’s Be Wary of Insurance Policies that Provide No Coverage for Building: Mt. Hawley Ins. Co v. Creek Side at Parker HOA

    Connecticut Answers Critical Questions Regarding Scope of Collapse Coverage in Homeowners Policies in Insurers’ Favor

    Bad Faith Claim for Inadequate Investigation Does Not Survive Summary Judgment

    Buffett Says ‘No-Brainer’ to Get a Mortgage to Short Rates

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    Risk Protection: Force Majeure Agreements Take on Renewed Relevance

    Jury Awards Aluminum Company 35 Million in Time Element Losses

    Liquidated Damages: Too High and It’s a Penalty. Too Low and You’re Out of Luck.

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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

    Best Lawyers Recognizes Hundreds of Lewis Brisbois Attorneys, Honors Four Partners as ‘Lawyers of the Year’

    September 19, 2022 —
    (August 18, 2022) - Best Lawyers has selected 149 Lewis Brisbois attorneys across 46 offices for inclusion in its list of 2023 Best Lawyers in America. It has also recognized four Lewis Brisbois partners on its "Lawyers of the Year" list: Chairman & Founding Partner Robert F. Lewis (Insurance Law); Portland Managing Partner Eric J. Neiman (Litigation - Health Care); Akron Managing Partner David Kern (Tax Law); and Roanoke Partner Paul C. Kuhnel (Medical Malpractice Law - Defendants). Please join us in congratulating these four partners and the following attorneys on their Best Lawyers recognition.
    • Nashville Partner Tara Aaron-Stelluto: Copyright Law
    • Pittsburgh Partner Andrew F. Adomitis: Mass Tort Litigation / Class Actions - Defendants
    • Fort Lauderdale Partner Vincent F. Alexander: Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law
    • Miami Partner Seth Alhadeff: Litigation - Insurance
    • Seattle Partner Randy J. Aliment: Commercial Litigation
    • Phoenix Partner Dina Anagnopoulos: Medical Malpractice Law - Defendants
    • Madison County Partner Charles S. Anderson: Mass Tort Litigation / Class Actions – Defendants
    • Reno Managing Partner Jack G. Angaran: Insurance Law, Litigation – Construction, Litigation - Real Estate
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    Reprinted courtesy of Lewis Brisbois

    The Project “Completion” Paradox in California

    April 06, 2016 —
    We’ve written before about why the date of “completion” on a California construction project is important, and why, if I may be blunt, determining that date can be as frustrating as a one-legged man in a game of kickass. You see, in California the deadline to record a mechanics lien, serve a stop payment notice, or make a payment bond claim – important construction payment remedies the California State Legislature saw fit to help you get paid – often depends on when a project is “completed.” So, for example, the deadline for direct contractors to record a mechanics lien is 90 days from completion of the project. 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

    Eighth Circuit Remands to Determine Applicability of Collapse Exclusion

    January 06, 2012 —

    The Eighth Circuit determined a jury instruction regarding the applicability of the "all-risk" policy’s exclusion for "collapse" was inadequate. See KAAPA Ethanol, LLC v. Affiliated FM Ins. Co., 2011 U.S. App. LEXIS 22158 (8th Cir. Nov. 3, 2011).

    KAAPA had nine large, cylindrical, stainless steel tanks fabricated at its location. Soon after operations began in 2003, some of the tanks experienced unusual movement and began to shift. A geotechnical engineer found "silty clay" had been used for infill instead of compacted granular fill called for in engineering drawings. A year long plan to repair all nine tanks was implemented.

    Affiliated’s "all-risk" policy excluded damage caused by faulty workmanship. It also excluded damage caused by settling or cracking. The settling exclusion went on to provide, "This exclusion will not apply to loss or damage resulting from collapse of: a building or structure; or material part of a building or structure." Affiliated denied coverage because of the faulty workmanship and settling exclusions.

    Read the full story…

    Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii. Mr. Eyerly can be contacted at te@hawaiilawyer.com

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    The Montrose Language Interpreted: How Many Policies Are Implicated By A Construction Defect That Later Causes a Flood?

    March 17, 2011 —

    The Court of Appeals of Indiana recently addressed the “Montrose” language added to the CGL ISO form in 2001 in the context of a construction defect claim where a fractured storm drain caused significant flooding a year after the drain was damaged. The insuring agreement requires that “bodily injury or “property damage” be caused by an occurrence and that the “bodily injury or “property damage” occur during the policy period. The Montrose language adds that the insurance applies only if, prior to the policy period, no insured knew that the “bodily injury or “property damage” had occurred in whole or in part. Significantly, it also states that any “bodily injury” or “property damage” which occurs during the policy period and was not, prior to the policy period known to have occurred, includes a continuation, change or resumption of that “bodily injury” or “property damage” after the end of the policy period.

    In Grange Mutual Cas. Co. v. West Bend Mut. Ins. Co., No. 29D04-0706-PL-1112 (Ct. App. IN March 15, 2011), http://www.ai.org/judiciary/opinions/pdf/03151109ehf.pdf, Sullivan was the General Contractor for a school construction project. Its subcontractor, McCurdy, installed the storm drain pipes. One of the storm pipes was fractured in 2005 while McCurdy was doing its installation work. More than a year later, the school experienced significant water damage due to flooding. It was later discovered that the flooding was due to the fractured storm drain. Sullivanrsquo;s insurer paid $146,403 for the water damage. That insurer brought a subrogation claim against McCurdy and its two insurers: West Bend and Grange. West Bend had issued CGL coverage to McCurdy while the construction was ongoing, including the date in which the storm pipe was fractured. Grange issued CGL coverage to McCurdy at the time of the flooding. Those two carriers jointly settled the subrogation claim and then litigated which insurer actually owed coverage for the loss. Significantly, the loss that was paid included only damages from the flooding, not any damages for the cost of repairing the pipe.

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    Reprinted courtesy of Shaun McParland Baldwin of Tressler LLP. Ms Baldwin can be contacted at sbaldwin@tresslerllp.com

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    Considerations in Obtaining a Mechanic’s Lien in Maryland (Don’t try this at home)

    December 21, 2020 —
    For this week’s Guest Post Friday at Construction Law Musings I welcome Matthew Evans. Matt is the owner of Law Offices of Matthew S. Evans, III, LLC located in Annapolis, Maryland. He has practiced construction, real estate and land use law in Maryland and D.C. for thirteen years. Prior to opening his own firm in May 2011, Mr. Evans was a partner at a mid-sized firm in Anne Arundel County, Maryland. Mr. Evans lives in Historic Annapolis (only three short blocks from his office) with his wife Margaret, and three children, Matthew (5), Bo (4) and Peyton (2). Some of the most common calls I get are from irate contractor or subcontractor clients who have not been paid demanding that I “lien the property”. Many times after calming the client down, I determine, to their dismay, that they are not entitled to a mechanic’s lien. In Maryland, the mechanic’s lien law is driven by statute, which contains specific requirements which must be met before the client is entitled to a lien. Read the court decision
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    Reprinted courtesy of The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at chrisghill@constructionlawva.com

    Constructing a New American Dream

    August 06, 2014 —
    Shelley D. Hutchins in Big Builder interviewed various architects and engineers to discuss the future of home design and building. Obtaining the American Dream “means having a place of sanctuary and security as well as shelter,” Hutchins wrote. “What that house looks like and how it functions is changing to accommodate different family make-ups, population and culture shifts toward denser more integrated communities, and increasingly extreme weather patterns.” Hutchins declared, “According to experts, educators, and experimenters in the residential design and construction industry many solutions for building houses for the future involve revisiting what worked before. Combining historic research with new innovations is what will produce the best housing.” Read the court decision
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    Reprinted courtesy of

    UPDATE - McMillin Albany LLC v. Superior Court

    June 05, 2017 —
    The matter has been fully briefed since last year and the construction industry anxiously awaits the California Supreme Court's highly anticipated decision regarding McMillin Albany LLC v. Superior Court (2015) 239 Cal.App.4th 1132. Numerous amicus briefs have also been filed including one by the Association of Southern California Defense Counsel, with the immediate past president of the organization, CGDRB's Glenn T. Barger, Esq., listed as the attorney of record. The Supreme Court will consider the issue of whether the Right to Repair Act (SB800) is the exclusive remedy for all defect claims arising out of new residential construction sold on or after January 1, 2003, thereby resolving the split of authority presented by the Fifth Appellate District's holding in McMillin Albany, which outright rejected the Fourth Appellate District's holding in Liberty Mutual Insurance Co. v. Brookfield Crystal Cove LLC (2013) 219 Cal.App.4th 98, on this particular issue. Oral argument is still pending and CGDRB will continue to closely monitor the progress of this case. Stay tuned. Reprinted courtesy of Chapman Glucksman Dean Roeb & Barger attorneys Richard H. Glucksman, Glenn T. Barger and David A. Napper Mr. Glucksman may be contacted at rglucksman@cgdrblaw.com Mr. Barger may be contacted at gbarger@cgdrblaw.com Mr. Napper may be contacted at dnapper@cgdrblaw.com Read the court decision
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    Guessing as to your Construction Damages is Not the Best Approach

    November 18, 2019 —
    Arbitrarily guessing as to your construction damages is NOT the best approach. Sure, experts can be costly. No doubt about it. Having an expert versus guessing as to your construction damages caused by another party’s breach of contract is a no brainer. Engage an expert or, at a minimum, be in a position to competently testify as to your damages caused by another party’s breach of contract. Otherwise, the guessing is not going to get you very far as a concrete subcontractor found out in Patrick Concrete Constructors, Inc. v. Layne Christensen Co., 2018 WL 6528485 (W.D. New York 2018) where the subcontractor could not competently support its delay-related damages or change orders and, equally important, could not support that the damages were proximately caused by the general contractor’s breach of the subcontract. In this case, the concrete subcontractor entered into a subcontract to perform concrete work for a public project. The project was delayed and the general contractor was required to pay liquidated damages to the owner. Not surprisingly, the subcontractor disputed liability for delays and sued the general contractor for all of its delay-related damages “in the form of labor and materials escalation, loss of productivity, procurement and impact costs, field and home office overhead, idle equipment, inability to take on other work, lost profits, and interest.” Patrick Concrete Constructors, 2018 WL at *1. The general contractor moved for summary judgment as to the plaintiff’s delay-related damages – the subcontractor’s damages were nothing but guesses and the subcontractor could not prove the general contractor was the cause of the subcontractor’s damages. 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