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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

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    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


    Deck Police - The New Mandate for HOA's Takes Safety to the Next Level

    How the Science of Infection Can Make Cities Stronger

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

    Resulting Loss Provision Does Not Salvage Coverage

    Ex-Pemex CEO Denies Allegations of Involvement in Brazil Scandal

    Colorado Adopts Twombly-Iqbal “Plausibility” Standard

    Congratulations to BWB&O’s 2021 Super Lawyers Rising Stars!

    Texas Jury Awards $5.3 Million to Company Defamed by Union: Could it work in Pennsylvania?

    Thanks for Four Years of Recognition from JD Supra’s Readers’ Choice Awards

    'Regluing' Oregon State's Showcase for Mass Timber

    Do Hurricane-Prone Coastal States Need to Update their Building Codes?

    "Decay" Found Ambiguous in Collapse Case

    Collapse of Underground Storage Cave Not Covered

    Colorado Supreme Court Issues Decisions on Statute of Limitations for Statutory Bad Faith Claims and the Implied Waiver of Attorney-Client Privilege

    Real Estate & Construction News Roundup (04/18/23) – Clean Energy, Critical Infrastructure and Commercial Concerns

    Remodels Replace Construction in Redding

    Wisconsin Court of Appeals Re-affirms American Girl To Find Coverage for Damage Caused by Subcontractors

    New York Court Holds Insurer Can Recover Before Insured Is Made Whole

    Another Worker Dies in Boston's Latest Construction Accident

    Harlem Developers Reach Deal with Attorney General

    Specific Performance of an Option Contract to Purchase Real Property is Barred Absent Agreement on All Material Terms

    More Charges Anticipated in Las Vegas HOA Scam

    Gut Feeling Does Not Disqualify Expert Opinion

    Florida Court of Appeals Rejects Insurer’s Attempt to Intervene in Underlying Lawsuit to Submit Special Interrogatories

    ISO Proposes New Designated Premises Endorsement in Response to Hawaii Decision

    UPDATE: ACS Obtains Additional $13.6 Million for General Contractor Client After $19.2 Million Jury Trial Victory

    Real Estate & Construction News Roundup (7/2/24) – Increase in Commercial Property Vacancy Rates, Trouble for the Real Estate Market and Real Estate as a Long-Term Investment

    Development in CBF Green Building Case in Maryland

    Lenders and Post-Foreclosure Purchasers Have Standing to Make Construction Defect Claims for After-Discovered Conditions

    Cyber Thieves Phish Away a $735K Payment to a Minnesota Contractor

    Recent Bad Faith Decisions in Florida Raise Concerns

    Ohio: Are Construction Defects Covered in Insurance Policies?

    Hunton Insurance Partner Syed Ahmad Named to Benchmark Litigation’s 2019 40 & Under Hot List

    Congratulations 2016 DE, MA, NJ, NY and PA Super Lawyers and Rising Stars

    Official Tried to Influence Judge against Shortchanged Subcontractor

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    California Joins the Majority of States in Modifying Its Survival Action Statute To Now Permit Recovery for Pain, Suffering And Disfigurement

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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

    Missouri Construction Company Sues Carpenter Union for Threatening Behavior

    February 10, 2014 —
    According to KMOV News, Raineri Construction Company in Missouri filed suit against the Local Carpenters’ District Council claiming employees had been “stalked and threatened” by the union. However, the Carpenters Union “denies the allegations” and said “it has the right to protest against a company that doesn’t always meet the union standards for pay and benefits.” Tony Raineri, one of the construction company’s executives, said to KMOV News: “For me it wasn’t such a big deal until they started making threats of bodily harm, started following me and my wife to our home, started following my employees to their homes.” KMOV News reported that a “union representative told News 4’s Craig Cheatham that no one acting on behalf of the Carpenters Union ever threatened, harassed or stalked Raineri, his employees or their clients.” Read the court decision
    Read the full story...
    Reprinted courtesy of

    Give Way or Yield? The Jurisdiction of Your Contract Does Matter! (Law note)

    March 05, 2015 —
    Have you ever been to England? If so, you’ve likely seen their version of our “Yield” sign– the “Give Way” sign. It is a bit jarring to those from this side of the “big pond”. Similarly, contracts can be worded differently– and, interpreted differently– depending on the state that you are in. This is why it is always a good idea to have your contract or proposal vetted for the state(s) where you provide professional services. When confronted with a “give way” sign you have the general idea of yielding, but might be confused by that whole “left side of the road” thing in some countries, where if you are turning right, you must give way to all vehicles coming towards you including those turning left. Likewise, you might have a good understanding of your construction contract in one state, but not how it would be interpreted in another state. Read the court decision
    Read the full story...
    Reprinted courtesy of Melissa Dewey Brumback, Construction Law in North Carolina
    Ms. Brumback may be contacted at mbrumback@rl-law.com

    Hamptons Home Up for Foreclosure That May Set Record

    May 13, 2014 —
    A home in New York’s Hamptons on Further Lane, where comedian Jerry Seinfeld and hedge-fund manager Steven A. Cohen own estates, is up for auction in what will be one of the area’s biggest foreclosure sales. More than $10.5 million is owed on the 1.8-acre (0.7-hectare) property at 80 Further Lane in East Hampton, according to Daniel Murphy, the Riverhead, New York-based attorney who is scheduled to conduct the sale on June 10. Read the court decision
    Read the full story...
    Reprinted courtesy of Prashant Gopal, Bloomberg
    Mr. Gopal may be contacted at pgopal2@bloomberg.net

    Angela Cooner Receives Prestigious ASA State Advocate Award

    April 12, 2021 —
    Phoenix Partner Angela L. Cooner recently received the American Subcontractors Association, Inc. (ASA) 2020 State Advocate award during ASA’s Virtual Awards Presentation, which took place on February 25. ASA selected Ms. Cooner as the recipient of this honor based upon the significant time that she spent and value she added to subcontractor advocacy in Arizona over the last year. In nominating Ms. Cooner for this award, ASA of Arizona stated, “Angie’s dedication and track record are second to none. However, it is her leadership in managing the recent merger between the Arizona State Contractors’ Coalition (AZSCC) and Arizonans for Fair Contracting (AFC) where she has distinguished herself most notably.” Moreover, ASA explained that Ms. Cooner’s dedication “has allowed ASA of Arizona to renegotiate a new contract with a government affairs firm that helped secure victory on a critical proportional liability bill and begin the upcoming legislative session on the right foot.” According to ASA, Ms. Cooner has donated the equivalent of $120,000 in billable hours to the organization through her work for AFC and as legal counsel for ASA of Arizona’s Board of Directors. Read the court decision
    Read the full story...
    Reprinted courtesy of Angela Cooner, Lewis Brisbois
    Ms. Cooner may be contacted at Angela.Cooner@lewisbrisbois.com

    Construction Litigation Roundup: “A Less Than Valiant Effort”

    June 21, 2024 —
    A Miller Act claimant in federal court in New Jersey in relation to a VA medical center project found itself on the wrong end of the law and was sent packing by the court. The claimant had supplied products for the project to general contractor Valiant Group, LLC, pursuant to a purchase order from the GC. The general contractor allegedly refused to pay the supplier, leading to the claim against the GC and its payment bond surety in the amount of $126,900. The supplier also sought recovery under the federal Prompt Payment Act, 31 U.S.C. §§ 3901-07. State law claims were asserted as well. Chipping away at the federal law claims – the claims forming the asserted basis for federal court jurisdiction for the case – the court first dispensed with the Prompt Payment Act claim. According to the court, allegations that the general contractor had “wrongfully and improperly withheld remuneration… despite [having] ‘received payment from the U.S. Department of Veterans Affairs’" – whether or not accurate – did not trigger the Act. The court wrote: “The Prompt Payment Act was enacted ‘to provide the federal government with an incentive to pay government contractors on time by requiring agencies to pay penalties . . . on certain overdue bills . . . [and] was later amended to include provisions applicable to subcontractors.’… Absent from the Act, however, are ‘any explicit provisions for subcontractor enforcement if the prime contractor fails to make timely payment.’… This is because the Act ‘merely requires that the prime contractor's contract with the subcontractor include the specified payment clause. [It] does not require the prime contractor to actually make payments to the subcontractor[.]’… The Act, therefore, does not ‘give subcontractors an additional cause of action for an alleged breach by a general contractor of a subcontract.’” Read the court decision
    Read the full story...
    Reprinted courtesy of Daniel Lund III, Phelps
    Mr. Lund may be contacted at daniel.lund@phelps.com

    Land a Cause of Home Building Shortage?

    June 17, 2015 —
    Diana Olick of CNBC reported that builders are not keeping up with the housing demand due to a lack of supply of developed lots as well as the increasing price of available land. "You have to find the land, you've got to be able to buy it and you've got to persuade someone to let you develop it. The one you hear the most about is the last one," Paul Emrath, vice president of survey and housing policy research at the National Association of Home Builders (NAHB), told CNBC. Olick wrote that “[l]and prices have actually surpassed their peak values in many markets where builders are particularly active, especially in Texas.” Read the court decision
    Read the full story...
    Reprinted courtesy of

    Extrinsic Evidence, or Eight Corners? Texas Court Sheds Light on Determining the Duty to Defend

    December 18, 2022 —
    Last year, the Texas Supreme Court adopted a narrow exception to the state’s eight-corners rule, and allowed the consideration of extrinsic evidence to determine the duty to defend. The exception arguably raised more questions than it resolved. Last month, a Texas federal court answered some of these questions by rejecting an insurer’s attempt to introduce extrinsic evidence under the newly minted exception. Texas permits few, if any, deviations from its eight-corners rule, which determines an insurer’s duty to defend by only considering the operative pleading and the terms of the policy, without any regard to extrinsic evidence or facts. This protects policyholders by erring on the side of defending claims, even if coverage is questionable. In Monroe Guar. Ins. Co. v. Bitco Gen. Ins. Corp., 640 S.W.3d 195, 199 (Tex. 2022) (“Monroe”), the Texas Supreme Court adopted an exception to the eight-corners rule, holding that extrinsic evidence may be considered when an “information gap” between the pleading and the policy makes it impossible to determine coverage, but only in limited scenarios where the extrinsic evidence (1) goes solely to an issue of coverage and does not overlap with the merits of liability, (2) does not contradict facts alleged in the pleading, and (3) conclusively establishes the coverage fact to be proved. Read the court decision
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    Reprinted courtesy of Nathan A. Cazier, Payne & Fears
    Mr. Cazier may be contacted at nac@paynefears.com

    Following Mishaps, D.C. Metro Presses on With Repairs

    February 23, 2017 —
    An aggressive effort to overhaul the aging Metro system in Washington, D.C., is producing results as it nears the one-year mark, with more than 28,000 cross-ties and nearly two miles of grout pads now replaced. Read the court decision
    Read the full story...
    Reprinted courtesy of Jim Parsons, ENR
    ENR may be contacted at ENR.com@bnpmedia.com