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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


    Construction Litigation Roundup: “Too Soon?”

    The Importance of Providing Notice to a Surety

    French Laundry Spices Up COVID-19 Business Interruption Debate

    Four Ways Student Debt Is Wreaking Havoc on Millennials

    Will European Insurers’ Positive Response to COVID-19 Claims Influence US Insurers?

    Court Orders House to be Demolished or Relocated

    Colorado Court Holds No Coverage for Breach of Contract Claim

    Claims for Negligence? Duty to Defend Triggered

    When a Request for Equitable Adjustment Should Be Treated as a Claim Under the Contract Disputes Act

    Builders Seek to Modify Scaffold Law

    Illinois Non-Profit Sues over Defective Roof

    Insurer's Failure to Settle Does Not Justify Multiple Damages under Unfair Claims Settlement Law

    Client Alert: Restaurant Owed Duty of Care to Driver Killed by Third-Party on Street Adjacent to Restaurant Parking Lot

    Home Prices in 20 U.S. Cities Increased 5% in Year to June

    NARI Addresses Construction Defect Claim Issues for Remodeling Contractors

    Luxury-Apartment Boom Favors D.C.’s Millennial Renters

    6 Ways to Reduce Fire Safety Hazards in BESS

    Landmark San Diego Hotel Settles Defects Suit for $6.4 Million

    California Supreme Court Finds that the Notice-Prejudice Rule Applicable to Insurance is a Fundamental Public Policy of the State

    California Bullet Train Clears Federal Environmental Approval

    San Francisco Half-Built Apartment Complex Destroyed by Fire

    The Project “Completion” Paradox in California

    When it Comes to COVID Emergency Regulations, Have a Plan

    Sanctions Issued for Frivolous Hurricane Sandy Complaint Filed Against Insurer

    Rejection’s a Bear- Particularly in Construction

    Structural Defects Lead Schools to Close off Areas

    Residential Contractors, Be Sure to Have these Clauses in Your Contracts

    My Employees Could Have COVID-19. What Now?

    How to Make the Construction Dispute Resolution Process More Efficient and Less Expensive

    NYC Hires Engineer LERA for Parking Garage Collapse Probe

    Supreme Court Rejects “Wholly Groundless” Exception to Question of Arbitrability

    Deadlines. . . They’re Important. Project Owner Risks Losing Claim By Failing to Timely Identify “Doe” Defendant

    No Coverage for Restoring Aesthetic Uniformity

    The Final Nail: Ongoing Repairs Do Not Toll the Statute of Repose

    3D Printing: A New Era in Concrete Construction

    Pulte’s Kitchen Innovation Throw Down

    Statute of Limitations Bars Lender’s Subsequent Action to Quiet Title Against Junior Lienholder Mistakenly Omitted from Initial Judicial Foreclosure Action

    Florida Enacts Sweeping Tort Reform Legislation, Raising Barriers to Insurance Coverage Claims

    Product Liability Economic Loss Rule and “Other Property” Damage

    Legal Matters Escalate in Aspen Condo Case

    2018 Spending Plan Boosts Funding for Affordable Housing

    Newmeyer & Dillion Announces Three New Partners

    Wendel Rosen Attorneys Named as Fellows of the Construction Lawyers Society of America

    Construction and Contract Issues Blamed for Problems at Anchorage Port

    Georgia Law: “An Occurrence Can Arise Where Faulty Workmanship Causes Unforeseen or Unexpected Damage to Other Property”

    Corrective Action Protest Grounds for GSA Schedule Federal Construction Contractors

    Damage Caused Not by Superstorm Sandy, But by Faulty Workmanship, Not Covered

    Construction Resumes after Defects

    Jury Trials: A COVID Update

    Foreman in Fatal NYC Trench Collapse Gets Jail Sentence
    Corporate Profile

    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

    SEC Proposes Rule Requiring Public Firms to Report Climate Risks

    April 11, 2022 —
    The U.S. Securities and Exchange Commission issued a proposal March 21—both anticipated and feared—that would require publicly-traded companies to standardize disclosure for the first time of climate-related business risks such as those related to severe weather and decarbonization. Exchange-listed firms would also have to report greenhouse gas emissions, their own and in the supply chain, creating a major reporting mandate. The rules also apply to firms listed on overseas exchanges that operate in the U.S. Reprinted courtesy of Debra K. Rubin, Engineering News-Record Ms. Rubin may be contacted at rubind@enr.com Read the full story... Read the court decision
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    Reprinted courtesy of

    History and Gentrification Clash in a Gilded Age Resort

    October 05, 2020 —
    Newport, Rhode Island, is a small New England beachfront town with a permanent population of 26,000 and an amazing collection of historic homes. Billed as “America’s First Resort,” the 350-year-old city on Aquidneck Island hosts more than 3 million tourists every year. They come for the boating, the famous folk and jazz festivals (both canceled this summer), and the architecture. The narrow streets of the Point along the waterfront are lined with hundreds of modest homes from the early 1700s, one of the largest ensembles of colonial architecture in the country. On Historic Hill sits an assortment of grander antebellum, classical and Gothic Revival structures from the latter part of the 18th and early to mid-19th century, many built by Southern plantation owners. Newport also boasts what is probably the most opulent thoroughfare in the country, a several-mile stretch of Bellevue Avenue lined with shade trees and palatial limestone mansions built by Gilded Age robber barons and industrialists. Read the court decision
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    Reprinted courtesy of Alex Ulam, Bloomberg

    Construction Calamity: Risk Transfer Tips for Contractors After a Catastrophic Loss

    August 17, 2020 —
    From structural collapses to fires, the construction industry has experienced a number of high-profile catastrophes over the past decade. These disasters test the mettle of even the most experienced risk professionals and the strongest insurance programs. Issues can arise in all facets of the company’s contracts and insurance policies, and dealing with the aftermath is an extensive and demanding process that can involve many players. As overwhelming as the task may seem, however, it is possible for general contractors to get through the disaster with minimal uncovered exposure if proper steps are taken. By understanding some of the exposures a general contractor faces after a catastrophic loss and implementing key risk transfer strategies from the outset of a project, risk professionals can minimize the impact of a loss on the company in the short and long term. Understanding Possible Risk Exposures When a catastrophic loss occurs, contractors face a wide array of potential exposures. Unfortunately, many large catastrophic losses involve serious bodily injuries and even loss of life. If such a tragedy occurs, the general contractor can reasonably expect to be named in a flurry of personal injury and wrongful death lawsuits. Depending on the scope of the project and the area associated with the loss, the catastrophe may also prompt a wide range of bystander claims, from dust inhalation to emotional distress. Read the court decision
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    Reprinted courtesy of William S. Bennett, Saxe Doernberger & Vita, P.C.
    Mr. Bennett may be contacted at wsb@sdvlaw.com

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

    December 21, 2016 —
    In early September a Texas jury awarded a janitorial $5.3 million against the local chapter of the SEIU. The janitorial firm claimed that the SEIU damaged its reputation and caused it damages when it spread false, defamatory, and disparaging stories about the firm. Specifically, the janitorial firm claimed that the SEIU told the janitorial firms customer and potential customers that the firm “systematically failed to pay its employees for all hours worked, instructed janitors to work off the clock and had fired, threatened or refused to hire janitors who supported joining a union.” According to Law360.com, the union did this with “fliers, handbills, letters, emails, newsletters, speeches and postings on its website accused [the firm] of violating wage-and-hour and other labor laws.” Read the court decision
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    Reprinted courtesy of Wally Zimolong, Zimolong LLC
    Mr. Zimolong may be contacted at wally@zimolonglaw.com

    Arizona Court of Appeals Awards Attorneys’ Fees in Quiet-Title Action

    September 20, 2017 —
    In Arizona, a party successfully quieting title to property may recover its attorneys’ fees if it satisfies three requirements: (1) the party requests a quitclaim deed from the party adversely claiming title twenty days before bringing the quiet-title action; (2) the party tenders five dollars for the execution and delivery of the deed; and (3) the adverse party fails to comply. Ariz. Rev. Stat. § 12-1103(B). Recently, in McCleary v. Tripodi, No. 2 CA-CV 2016-0145, 2017 WL 3723472 (Ariz. Ct. App. Aug. 29, 2017), the Arizona Court of Appeals awarded attorneys’ fees to the prevailing party under this statute. In McCleary v. Tripodi, Mrs. Tripodi, who became the administrator of her husband’s estate upon his death, wrongfully recorded three deeds purporting to transfer property to herself. After unsuccessfully attempting to get Mrs. Tripodi to quitclaim the property, the plaintiffs filed a quiet-title action. The trial court agreed that the plaintiffs were the legal and rightful owners, granted summary judgment in plaintiffs’ favor, and awarded attorneys’ fees to the plaintiffs. Read the court decision
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    Reprinted courtesy of Kevin Walton, Snell & Wilmer

    ConsensusDOCS Updates its Forms

    October 21, 2015 —
    As reported recently in ENR Magazine, among other publications, the ConsensusDOCS folks have updated their contract forms. Why is this news? First of all, it’s only been around three and a half years since these documents were officially released and this release is about 18 months sooner than anticipated (the original revision cycle was to be 5 years). Why the revision? According to my friend and counsel to ConsensusDOCS, Brian Perlberg, one major rationale is that “the economics of the construction industry today looks nothing like it did [in 2007.” Among the changes are several terminology changes (“constructor” instead of “contractor” for instance), the addition of mandatory green building design as a basic service (these forms already have a Green Building Addendum) if included in the Owner’s plan and the ability to provide for prevailing party attorney fees (before both sides of a dispute bore their own fees). Read the court decision
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    Reprinted courtesy of Christopher G. Hill, Law Office of Christopher G. Hill, PC
    Mr. Hill may be contacted at chrisghill@constructionlawva.com

    Temporary Obstructions Are a Permanent Problem Under the Americans with Disabilities Act

    March 12, 2015 —
    Boxes, ladders, furniture or other objects commonly placed in aisles, walkways or paths may not be temporary obstructions and may be actionable under the Americans with Disabilities Act (ADA) according to a recent ruling by the Ninth Circuit Court of Appeals in Chapman v. Pier 1 Imports (U.S.), Inc. DBA Pier 1 Imports #1132, No. 12-16857 (filed March 5, 2015). Many property and business owners have long operated under the assumption that they are not violating ADA regulations requiring minimum clear widths for accessible routes (“[t]he minimum clear width of an accessible route shall be 36 in[ches]” (28 C.F.R. pg. 36, app. A, § 4.3.3)) when they place objects that can easily be removed in aisles or pathways such as trash cans, ladders, plants, signs and the like because temporary obstructions are not considered violations of the ADA (28 C.F.R. § 36.211(b)). Reprinted courtesy of Max W. Gavron, Haight Brown & Bonesteel LLP and Keith M. Rozanski, Haight Brown & Bonesteel LLP Mr. Gavron may be contacted at mgavron@hbblaw.com Mr. Rozanski may be contacted at krozanski@hbblaw.com Read the court decision
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    Congratulations to Jonathan Kaplan on his Promotion to Partner!

    February 10, 2020 —
    Bremer Whyte Brown & O’Meara, LLP is proud to announce the promotion of Jonathan Kaplan to Partner! Jonathan has been with the firm for nearly eight years out of our Newport Beach office. He focuses his practice on general liability defense and construction litigation matters, in addition to handling high-profile plaintiff defect cases. Jonathan earned his law degree from Chapman University School of Law, obtaining a certificate in Environmental, Real Estate and Land Use Law, and went to undergrad at the University of Washington. Jonathan is an active participant within the firm’s Hiring Committee and assists with legal recruitment at the prominent Orange County law schools. Jonathan is also an avid hiker and has coordinated several hiking events for our Southern California offices. Read the court decision
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    Reprinted courtesy of Bremer Whyte Brown & O'Meara LLP