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

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    Building Expert News and Information
    For Fairfield Connecticut


    City of Seattle Temporarily Shuts Down Public Works to Enforce Health and Safety Plans

    EPA Announces that January 2017 Revised RMP Rules are Now Effective

    Decline in Home Construction Brings Down Homebuilder Stocks

    Investigators Explain Focus on Pre-Collapse Cracking in Florida Bridge

    Statutory Bad Faith and an Insured’s 60 Day Notice to Cure

    Product Liability Alert: “Sophisticated User” Defense Not Available by Showing Existence of a “Sophisticated Intermediary”

    The Construction Lawyer as Counselor

    Significant Increase in Colorado Tort Damages Caps Now in Effect Under Recent Legislation

    Federal Judge Vacates CDC Eviction Moratorium Nationwide

    Two Lawyers From Hunton’s Insurance Recovery Group, Andrea DeField and Latosha Ellis, Selected for American Bar Association’s 2022 “On The Rise” Award

    Bond Principal Necessary on a Mechanic’s Lien Claim

    Real Property Alert: Recording Notice of Default as Trustee Before Being Formally Made the Trustee Does Not Make Foreclosure Sale Void

    Repairs Commencing on Defect-Ridden House from Failed State Supreme Court Case

    Tesla Powerwalls for Home Energy Storage Hit U.S. Market

    Women Make Slow Entry into Building Trades

    Design-Assist Collaboration/Follow-up Post

    Supplement to New California Construction Laws for 2019

    Flint Water Suits Against Engineers Will Go to Trial, Judge Says

    Aarow Equipment v. Travelers- An Update

    Attention Contractors: U.S. Department of Labor Issues Guidance on Avoiding Discrimination When Using AI in Hiring

    Florida County Suspends Impact Fees to Spur Development

    The Importance of the Recent Amendment to Rule 702 of the Federal Rules of Evidence

    Third Circuit Holds No Coverage for Faulty Workmanship Despite Insured’s Expectations

    Negligent Misrepresentation Claim Does Not Allege Property Damage, Barring Coverage

    The California Legislature Passes SB 496 Limiting Design Professional Defense and Indemnity Obligations

    Too Costly to Be Fair: Texas Appellate Court Finds the Arbitration Clause in a Residential Construction Contract Unenforceable

    South Caroline Holds Actual Cash Value Can Include Depreciation of Labor Costs

    Expired Contract Not Revived Due to Sovereign Immunity and the Ex Contractu Clause

    Mediation v. Arbitration, Both Private Dispute Resolution but Very Different Sorts

    It’s Getting Harder and Harder to be a Concrete Supplier in California

    “Made in America Week” Highlights Requirements, Opportunities for Contractors and Suppliers

    No Coverage for Installation of Defective Steel Framing

    Court Finds Duty To Defend Environmental Claim, But Defense Limited to $100,000

    Quick Note: Not In Contract With The Owner? Serve A Notice To Owner.

    How To Lock Disputes Out Of Your Project In Construction

    Federal Court Finds Occurrence for Faulty Workmanship Under Virginia Law

    Does the Recording of a Mechanic’s Lien Memorandum by Itself Constitute Process? Read to Find Out

    Nevada’s Changing Liability Insurance Landscape—State Insurance Regulator Issues Emergency Regulation and Guidance Addressing Controversial “Defense-Within-Limits” Legislation

    Federal Contractors Should Request Debriefings As A Matter Of Course

    The Rise of Modular Construction – Impacts for Consideration

    Bid Protests: The Good, the Bad and the Ugly (Redeux)

    Texas Plans a Texas-Sized Response to Rising Seas

    Up in Smoke - 5th Circuit Finds No Coverage for Hydrochloric Acid Spill Based on Pollution Exclusion

    The Argument for Solar Power

    Surprising Dismissal of False Claims Act Case Based on Appointments Clause - What Does It Mean?

    Tokyo's Skyline Set to See 45 New Skyscrapers by 2020 Olympics

    No Coverage for Additional Insured for Construction Defect Claim

    New Jersey Supreme Court Issue Important Decision for Homeowners and Contractors

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

    Why Are Developers Still Pouring Billions Into Waterlogged Miami?
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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

    Drill Rig Accident Kills Engineering Manager, Injures Operator in Philadelphia

    August 10, 2021 —
    Philadelphia officials and engineering firm Langan have confirmed that a company project manager and geotechnical engineer died July 6 in a nighttime drill rig accident while he was on site to inspect foundation work for a pedestrian bridge project. Reprinted courtesy of Stephanie Loder, Engineering News-Record ENR may be contacted at ENR.com@bnpmedia.com Read the full story... Read the court decision
    Read the full story...
    Reprinted courtesy of

    Houston Office Secures Favorable Verdict in Trespass and Nuisance Case Involving Subcontractor’s Accidental Installation of Storm Sewer Pipe on Plaintiff’s Property

    June 12, 2023 —
    Houston, Texas (May 26, 2023) - Houston Partners Joelle Nelson and Matt Begley secured a defense verdict on behalf of a gasoline services company following a four-day trial in the 284th District Court of Montgomery County, Texas. In this case, Lewis Brisbois represented a client who hired a contractor to install a storm sewer line to mitigate flood risks to the client’s property. The contractor, however, deviated from the engineering plans and installed the storm sewer line on a neighboring property owned by the plaintiff. The storm sewer line then remained on the plaintiff’s property for five years while the parties attempted to negotiate potential solutions to the situation. The plaintiff refused multiple reasonable settlement attempts and ultimately sued the client and the contractor for continuous trespass and private nuisance. The contractor’s carrier denied coverage, making the client the target defendant. The matter proceeded to trial. Read the court decision
    Read the full story...
    Reprinted courtesy of Lewis Brisbois

    Is Modular Construction Destined to Fail?

    March 11, 2024 —
    The construction sector is a harsh environment for innovation. I’ve been following the story of one Finnish innovative contractor, Lehto Group, over the years with enthusiasm. I was saddened to hear that the group’s three significant subsidiaries joined the ranks of many Finnish contractors who have filed for bankruptcy over the last six months. Lehto developed industrialized building concepts and had its own production facilities. The company had a promising start but eventually ran into problems. Was the industrial approach a mistake, or were other factors contributing to the firm’s fall? Three Contributing Factors Lehto Group’s collapse was not a surprise to its competitors, who had observed warning signs years prior. The company’s order book plummeted in 2024 despite still employing around 500 workers. Rakennuslehti, the leading construction magazine in Finland, asked three experienced industry professionals to give their views on Lehto’s failure. The interviewees spoke anonymously due to the small size of the Finnish market and the sensitive nature of commenting on a competitor’s matters. Read the court decision
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    Reprinted courtesy of Aarni Heiskanen, AEC Business
    Mr. Heiskanen may be contacted at aec-business@aepartners.fi

    Your Contract is a Hodgepodge of Conflicting Proposals

    January 06, 2016 —
    Ouch. That’s what a court called a contract to remediate petroleum contamination at a number of gas stations in New York. Sometimes, it’s hard to believe the contracts that get signed. Environmental Risk hired Science Applications to remediate petroleum contamination at 47 gas stations. Environmental Risk had previously entered into a Professional Services Master Agreement with Science Applications, but also required Science Applications to sign three separate, but basically identical, subcontracts called the Project Specific Scopes of Work. So, right from the start, there were four contracts that could apply to Science Applications’ work. Read the court decision
    Read the full story...
    Reprinted courtesy of Craig Martin, Lamson, Dugan and Murray, LLP
    Mr. Martin may be contacted at cmartin@ldmlaw.com

    Skyline Bling: A $430 Million Hairpin Tower and Other Naked Bids for Tourism

    January 21, 2015 —
    American cities are starting an architectural arms race to the sky with super-sized Ferris wheels, a 100-story observation tower and maybe even a mammoth golf ball atop a 300-foot tee planted in the Arizona desert. From Phoenix to Camden, New Jersey, city officials and developers are seeking to punctuate their skylines with exclamation points, vying for the world’s attention with the next Eiffel Tower or London Eye. Read the court decision
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    Reprinted courtesy of Toluse Olorunnipa, Bloomberg
    Mr. Olorunnipa may be contacted at tolorunnipa@bloomberg.net

    Maybe California Actually Does Have Enough Water

    September 06, 2021 —
    It’s hard to know how much to panic over California’s dwindling water supplies. The state has never really had enough water, after all, yet lawns in Beverly Hills somehow remain perpetually green. Earlier this month, however, came a sign that life might soon be getting more uncomfortable for more Californians. On Aug. 3, the State Water Resources Control Board voted 5 to 0 to issue an “emergency curtailment” order for the Sacramento-San Joaquin Delta watershed. Last week the order was submitted to the state’s Office of Administrative Law, which is likely to approve it. The watershed covers about 40% of the state, stretching roughly from Fresno to Oregon, and is California’s largest source of surface water. About 5,700 holders of water rights, largely in agriculture and business, will be affected by the reduction in water access. Although many farms have already drawn most of the water they need for the season, the board’s move was a sign that ancestral water rights won’t be a guarantee of actual water if drought persists. Read the court decision
    Read the full story...
    Reprinted courtesy of Francis Wilkinson, Bloomberg

    Fluor Agrees to $14.5M Fixed-Price Project Cost Pact with SEC

    September 25, 2023 —
    Fluor Corp. has agreed to pay $14.5 million to resolve a U.S. Securities and Exchange Commission investigation for alleged “improper accounting” and "overly optimistic" cost and timing estimates in bidding two legacy fixed-price projects that forced the company to restate its 2020 financial results, the agency said on Sept. 6. 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

    New York Preserves Subrogation Rights

    September 06, 2023 —
    The insurer’s right of subrogation is equitable in nature, even if not based in contract. However, since the insurer steps into the shoes of its insured and is limited to the rights of its insured, an integral part of the investigation process is determining what rights the insured has. Whether or not the insured can settle with the tortfeasor and that whether the settlement would also apply to the subrogated carrier is a question the Supreme Court of New York, a trial court, recently addressed. In Utica First Ins. Co. v. Homeport I LLC, et al., No. 150448/2022, 2023 N.Y. Misc. LEXIS 3087 (N.Y. Sup. Ct.), the plaintiff insurance carrier’s insured, SI Waterfront Management Inc. (SI Waterfront), owned and operated a restaurant called Wynwood at 24 Navy Pier Court in Staten Island, New York. The owner of the property was Homeport I LLC (Homeport). Significant construction work pertaining to plumbing and draining lines at the property was done by Ironstate Holdings, LLC (Ironstate), the plumbing portion of which was conducted by subcontractor Claire Construction Corp. (Claire). As a result of the construction work, on June 8, 2021, SI Waterfront allegedly sustained property damage from flooding. Read the court decision
    Read the full story...
    Reprinted courtesy of Lian Skaf, White and Williams LLP
    Mr. Skaf may be contacted at skafl@whiteandwilliams.com