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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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    2189 Silas Deane Highway
    Rocky Hill, CT 06067

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    Local # 0755
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    Local # 0710
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    Torrington, CT 06790

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    Building Expert News and Information
    For Fairfield Connecticut


    Arizona Court Determines Statute of Limitations Applicable to a Claim for Reformation of a Deed of Trust (and a Related Claim for Declaratory Judgment)

    The Biggest Trials Coming to Courts Around the World in 2021

    Florida Extends Filing Time for Claims Subject to the Statute of Repose

    Res Judicata Bars Insured from Challenging Insurer's Use of Schedule to Deduct Depreciation from the Loss

    New Home for the Aged Suffers Construction Defects

    Lump Sum Subcontract? Perhaps Not.

    Grupo Mexico Spill Sparks Public Scrutiny of $150 Million Mop-Up

    An Uncharted Frontier: Nevada First State to Prohibit Defense-Within-Limits Provisions

    Commentary: How to Limit COVID-19 Related Legal Claims

    Housing Markets Continue to Improve

    Mortgage Whistleblower Stands Alone as U.S. Won’t Join Lawsuit

    A Bill for an Act Concerning Workers’ Compensation – 2014 Edition

    Prevailing Parties Entitled to Contractual Attorneys’ Fees Under California CCP §1717 Notwithstanding Declaration That Contract is Void Under California Government Code §1090

    Do You Have A Florida’s Deceptive And Unfair Trade Practices Act Claim

    Sochi Construction Unlikely to be Completed by End of Olympic Games

    EPA Coal Ash Cleanup Rule Changes Send Utilities, Agencies Back to Drawing Board

    California Appeals Court Says Loss of Use Is “Property Damage” Under Liability Policy, and Damages Can be Measured by Diminished Value

    Is the Sky Actually Falling (on Green Building)?

    Breaking News: Connecticut Supreme Court Decides Significant Coverage Issues in R.T. Vanderbilt

    Is Construction Defect Litigation a Cause for Lack of Condos in Minneapolis?

    Top 10 Cases of 2019

    SCOTUS Opens Up Federal Courts to Land Owners

    Liquidated Damages: A Dangerous Afterthought

    GA Federal Court Holds That Jury, Not Judge, Generally Must Decide Whether Notice Was Given “As Soon as Practicable” Under First-Party Property Damage Policies

    OSHA ETS Heads to Sixth Circuit

    Philadelphia Voters to Consider Best Value Bid Procurment

    Strangers in a Strange Land: Revisiting Arbitration Provisions to Account for Increasing International Influences

    New Hampshire Applies Crete/Sutton Doctrine to Bar Subrogation Against College Dormitory Residents

    Can an Owner Preemptively Avoid a Mechanics Lien?

    Real Estate & Construction News Roundup (11/8/23) – New Handling of Homelessness, Decline in Investments into ESG Funds, and Shrinking of a Homebuyer’s Dollar

    Sub-Limit Restricts Insured's Flood Damage Recovery

    The Results are in, CEO/Founding Partner Nicole Whyte is Elected to OCBA’s 2024 Board of Directors!

    No Duty to Defend Additional Insured for Construction Defects

    Florida Lien Law and Substantial Compliance vs. Strict Compliance

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    Alabama Federal Magistrate Recommends Dismissal of Construction Defect Declaratory Judgment Action Due to Expanded Duty to Defend Standard

    Burden to Prove Exception to Exclusion Falls on Insured

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    Why Being Climate ‘Positive’ Is the Buzzy New Goal of Green Building

    Housing Bill Threatened by Rift on Help for Disadvantaged

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    Retainage: What Contractors Need to Know and Helpful Strategies

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    Corporate Profile

    FAIRFIELD CONNECTICUT BUILDING EXPERT
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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

    ICYMI: Highlights From ABC Convention 2024

    May 06, 2024 —
    In case you missed ABC Convention 2024 in Kissimmee, Florida, last month, here are key highlights from the week of competitions, exhibitions, speakers, performances and more. WINNERS AND HONOREES Contractor of the Year
    • Kwest Group was announced as ABC’s 2024 Contractor of the Year. Read CE's full story here.
    Careers in Construction Awards
    • A total of 25 teams comprising undergraduate students from colleges across the country competed in ABC's 2024 Construction Management Competition, developing proposals for a project that included renovation and new construction at the Fort Lauderdale Aquatic Center. The overall winner was the team from Clemson University, a member of ABC of the Carolinas. For a full list of winners in all categories, visit here.
    • In the 35th year of ABC's National Craft Championships, nearly 200 skilled trades workers displayed their craft in the exhibit hall—taking home bronze, silver and gold as well as recognition for safety in 16 categories. For a full list of winners, visit here.
    Reprinted courtesy of Grace Calengor, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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    Reprinted courtesy of

    Eighth Circuit Affirms Judgment for Bad Faith after Insured's Home Destroyed by Fire

    January 21, 2019 —
    The Eighth Circuit affirmed the district court's judgment that the insurer acted in bad faith when it denied the insured's claim based upon misrepresentations in the application after destruction of his house by fire. Hayes v. Metropolitan Pro. and Cas. Ins. Co., 2018 U.S. App. LEXIS 31813 (8th Cir. Nov. 9, 2018). Hayes' home was insured by Met under a homeowner's policy. Hayes used the detached garage as part of a home base for his plumbing business. He also rented out the second and third levels of the residence to a tenant and her two children. When Hayes applied for the policy in 2007, Met argues he indicated on the application that the premises were not used to conduct business, and were not used as rental property. Read the court decision
    Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    Is Privity of Contract with the Owner a Requirement of a Valid Mechanic’s Lien? Not for GC’s

    January 04, 2021 —
    As any reader of this construction law blog knows, mechanic’s liens make up much of the discussion here at Construction Law Musings. A recent case out of Fairfax County, Virginia examined the question of whether contractual privity between the general contractor and owner of the property at issue is necessary. As a reminder, in most situations, for a contract claim to be made, the claimant has to have a direct contract (privity) with the entity it sues. Further, for a subcontractor to have a valid mechanic’s lien it would have to have privity with the general contractor or with the Owner. The Fairfax case, The Barber of Seville, Inc. v. Bironco, Inc., examined the question of whether contractual privity is necessary between the general contractor and the Owner. In Bironco, the claimant, Bironco, performed certain improvements for a barbershop pursuant to a contract executed by the two owners of the Plaintiff. We wouldn’t have the case here at Musings if Bironco had been paid in full. Bironco then recorded a lien against the leasehold interest of The Barber of Seville, Inc., the entity holding the lease. The Plaintiff filed an action seeking to have the lien declared invalid because Brionco had privity of contract with the individuals that executed the contract, but not directly with the corporate entity. Read the court decision
    Read the full story...
    Reprinted courtesy of The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at chrisghill@constructionlawva.com

    Wage Theft Investigations and Citations in the Construction Industry

    October 11, 2017 —
    This month we share some cautionary tales for employers in the construction industry. During the past several months the California Labor Commissioner has cited or filed suit against several construction companies. In one investigation, a general contractor was held equally responsible for wages owed by a subcontractor to its employees. The lesson learned from these stories is that now more than ever it is important to have in place proper wage and hour practices and to conduct periodic audits of those practices, including those of your lower tiered contractors, preferably by experienced legal counsel. Read the court decision
    Read the full story...
    Reprinted courtesy of Evelin Y. Bailey, California Construction Law Blog

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

    January 03, 2022 —
    On January 1, 2022, California Code of Civil Procedure (“CCP”)Section 377.30 et seq., as amended by Senate Bill 447, otherwise known as the “survival action” statute1, goes into effect. On that date, all plaintiffs filing new civil cases filed on or after January 1, 2022, and before January 1, 2026, and plaintiffs in any action or proceeding granted trial preference pursuant to CCP Section 36 before January 1, 2022, will be expressly allowed to recover damages for a decedent’s pain, suffering, or disfigurement in a survival action.2 This is a significant change in California law. In that regard, California is now the 46th state to permit this form of recovery. As reported in the Legislative Counsel’s Digest3, Consumer Attorneys of California and Consumer Federation of California, which co-sponsored Senate Bill 447, opined to the Legislature that the prior law provided a “death discount” to defendants which incentivized bad faith delays in resolution, and caused unnecessary congestion of the already overburdened court system. These argued issues will be vetted by the Legislature using the four-year reporting requirement that is also part of the amendment to the statute, requiring plaintiffs who recover this newly permitted category of damages to report the valuation and details of the case to the Judicial Council within 60 days of the judgment or other operative court document being entered in the court’s docket.4 The amendment will be evaluated by the Legislature for amendment or extension on or before January 1, 2026. Reprinted courtesy of Krsto Mijanovic, Haight Brown & Bonesteel and Elizabeth D. Rhodes, Haight Brown & Bonesteel Mr. Mijanovic may be contacted at kmijanovic@hbblaw.com Ms. Rhodes may be contacted at erhodes@hbblaw.com Read the court decision
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    Reprinted courtesy of

    2017 Legislative Changes Affecting the Construction Industry

    July 13, 2017 —
    The 2017 Florida Legislative Session recently concluded, and a number of important construction-related House Bills (HB) and Senate Bills (SB) were presented during the Session, most notably SB 204/HB 377. These Bills may impact General Contractors and Construction Managers in a number of ways, not the least of which is the period of time that a cause of action may be initiated for the design, planning or construction of an improvement. The following construction-related Bills passed in both the House and Senate and will become law if approved by the Governor. Senate Bill (SB) 204/House Bill (HB) 377: Relating to the Statute of Repose for causes of action based on design, planning or construction of an improvement to real property. This bill passed both the House and the Senate and was approved by the Governor on June 14, 2017. This bill becomes effective on July 1, 2017. Read the court decision
    Read the full story...
    Reprinted courtesy of Melinda S. Gentile, Peckar & Abramson, P.C.
    Ms. Gentile may be contacted at mgentile@pecklaw.com

    Miami Building Boom Spreads Into Downtown’s Tent City

    October 29, 2014 —
    A building boom that transformed Miami into a destination for the global elite left out the city core, better known for its empty lots filled at night with tents for the homeless. Now the area awaits a $2 billion face lift. Worldcenter, a 27-acre (11-hectare) development that languished for almost a decade, won city approval last month and is slated to break ground next year near Miami’s business district. The project will include almost 1,000 luxury condominiums and apartments, a Marriott Marquis hotel with convention space, and stores such as Macy’s and Bloomingdale’s. Developers CIM Group, Falcone Group and Centurion Partners are seeking to breathe life into a neighborhood often referred to as the “hole in the doughnut,” an area of blight and weedy lots surrounded by luxury properties that are attracting South American, European and Asian buyers. Its revival reflects both the strong investor demand in Miami and a national trend toward a mix of real estate in an urban center catering to people who want to live, work and play in close proximity. Read the court decision
    Read the full story...
    Reprinted courtesy of Nadja Brandt, Bloomberg
    Ms. Brandt may be contacted at nbrandt@bloomberg.net

    Nevada Assembly Passes Construction Defect Bill

    October 30, 2013 —
    The Nevada Speaker says that AB401 gives contractors what they want, but a contractors’ group has asked a Senate committee to kill the bill. Supporters of AB 401 say that it clarifies what qualifies as a construction defect and shortens the statute of limitations. Read the court decision
    Read the full story...
    Reprinted courtesy of