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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
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    Salem, CT 06420

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    Local # 0720
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    Torrington, CT 06790

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    Building Expert News and Information
    For Fairfield Connecticut


    Federal Court Finds Occurrence for Faulty Workmanship Under Virginia Law

    Facebook Posts “Not Relevant” Rules Florida Appeals Court

    PAGA Right of Action Not Applicable to Construction Workers Under Collective Bargaining Agreement

    Framework, Tallest Mass Timber Project in the U.S., Is On Hold

    California Supreme Court Finds Vertical Exhaustion Applies to First-Level Excess Policies

    NJ Condo Construction Defect Case Dismissed over Statute of Limitations

    Traub Lieberman Partner Bradley T. Guldalian Wins Summary Judgment

    More Details Emerge in Fatal Charlotte, NC, Scaffold Collapse

    JPMorgan Blamed for ‘Zombie’ Properties in Miami Lawsuit

    9th Circuit Plumbs Through the Federal and State False Claims Acts

    The Coverage Fun House Mirror: When Things Are Not What They Seem

    Know What You’ve Built: An Interview with Timo Makkonen of Congrid

    The Case For Designers Shouldering More Legal Responsibility

    Brooklyn’s Hipster Economy Challenges Manhattan Supremacy

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

    U.S. Construction Spending Rose in 2017 by Least in Six Years

    Fed. Judge Blocks Release of Records on FIU Bridge Collapse, Citing NTSB Investigation

    Investigation Continues on Children Drowning at Construction Site

    When Employer’s Liability Coverage May Be Limited in New York

    Shoring of Ceiling Does Not Constitute Collapse Under Policy's Definition

    Regional US Airports Are Back After Years of Decay

    NY Gov. Sets Industry Advisory Council to Fix Public Contracts Process

    Judge Dismisses Suit to Block Construction of Obama Center

    Congratulations 2020 DE, MA, NY and PA Super Lawyers and Rising Stars

    OSHA COVID-19 Vaccination and Testing ETS Unveiled

    Colorado Senate Bill 15-177: This Year’s Attempt at Reasonable Construction Defect Reform

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    LaGuardia Airport Is a Mess. An Engineer-Turned-Fund Manager Has a Fix

    Environmental and Regulatory Law Update: New Federal and State Rulings

    Drop in Civil Trials May Cause Problems for Construction Defect Cases

    Repairing One’s Own Work and the one Year Statute of Limitations to Sue a Miller Act Payment Bond

    Managing Narrative, Capturing Context, and Building Together: Talking VR and AEC with David Weir-McCall

    Business Risk Exclusions (j) 5 and (j) 6 Found Ambiguous

    Florida trigger

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    2023 Construction Law Update

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    Real Estate & Construction News Roundup (10/11/23) – Millennials Struggle Finding Homes, Additional CHIPS Act Funding Available, and the Supreme Court Takes up Hotel Lawsuit Case
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    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. 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

    Construction Site Blamed for Flooding

    November 08, 2013 —
    A neighborhood in Pflugerville, Texas was during some recent heavy rains, and the residents blame the nearby construction of a new elementary school. During the rains, a retention wall around the site collapsed, leading to the water discharging to their neighborhood. One resident noted that he had about $16,000 worth of damage to his home and it has also cost him work. “I fix computers for a living, but I don’t have internet right now, and a lot of my stuff is wet,” said Erik Goeser, one of the Shallow Creek neighborhood residents. The county is looking into the situation but notes that “the construction site in question had recently been inspected and met all Travis County expectations, requirements and codes.” Read the court decision
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    Reprinted courtesy of

    Manhattan Home Sales Rise at Slower Pace as Prices Jump

    July 02, 2014 —
    Manhattan apartment sales rose at the slowest pace in more than a year, indicating a surge in demand is easing as prices jump and inventory climbs from record lows. Purchases of co-ops and condominiums increased 6.3 percent in the second quarter from a year earlier, the smallest gain since the start of 2013, according to a report today from appraiser Miller Samuel Inc. and brokerage Douglas Elliman Real Estate. The median price rose 5.2 percent to $910,000, and the average price per square foot surged 10 percent to $1,268. Higher prices are encouraging more sellers to list properties and softening competition among buyers. The market is taking a “breather” after sales rose by an average of 28 percent in each of the previous four quarters, said Jonathan Miller, president of New York-based Miller Samuel. Read the court decision
    Read the full story...
    Reprinted courtesy of Prashant Gopal, Bloomberg
    Mr. Gopal may be contacted at pgopal2@bloomberg.net

    Specification Challenge; Excusable Delay; Type I Differing Site Condition; Superior Knowledge

    January 02, 2024 —
    An Armed Services Board of Contract Appeals dispute, Appeal of L.S. Black-Loeffel Civil Constructors JV, ASBCA No. 62402, 2023 WL 5827241 (ASBCA 2023), involved which party bore liability for delay—the federal government or the prime contractor–based on various legal theories. Without detailing the factual details, a number of interesting legal issues were raised in this dispute including (1) a defective specification challenge, (2) excusable delay, (3) Type I differing site condition, and (4) superior knowledge. These legal issues are discussed below. 1. Specification Challenge (Defective Specifications) The contractor claimed that the government’s specifications were defective in regard to a thermal control plan. The government countered that the specifications were not design specifications but performance specifications. The specifications were performance based because they did not tell the contractor how to achieve the performance-based criteria. 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

    Governmental Immunity Waived for Independent Contractor - Lopez v. City of Grand Junction

    September 17, 2018 —
    On July 12, 2018, the Colorado Court of Appeals announced its decision in Lopez v. City of Grand Junction, 2018 WL 3384674 (Colo. App. 2018). The Court considered whether immunity is waived under Colorado’s Governmental Immunity Act (“CGIA”), pursuant to section C.R.S. § 24-10-106(1)(f), in situations where the public entity hired an independent contractor to perform the work. The Court held that if the public entity would have been liable under the CGIA for the conduct that caused the injury, had it performed the work itself, then it is liable for the work performed by its independent contractor. Read the court decision
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    Reprinted courtesy of Frank Ingham, Higgins Hopkins McClain & Roswell, LLC
    Mr. Ingham may be contacted at ingham@hhmrlaw.com

    Cerberus, Blackstone Loosening Credit for U.S. Landlords

    July 09, 2014 —
    U.S. property owners with just one rental house can now get cash from Wall Street to buy more. Cerberus Capital Management LP, which initially targeted landlords with multimillion-dollar loans, is financing low-volume deals for small investors through its FirstKey Lending, with looser terms than government-backed mortgages from Fannie Mae and Freddie Mac, said Randy Reiff, the business’s chief executive officer. Blackstone Group LP (BX)’s rental lending arm, B2R Finance LP, is making a similar push to mom-and-pop landlords. “Our premise has always been to be able to lend to the middle market and entrepreneurial borrowers in the space, not just the institutional borrowers,” Reiff said. “The biggest guys have always enjoyed access to capital. The largest part of this market is really the entrepreneurial owners.” The companies are competing to lend to owners of the almost 14 million rental houses in the U.S. at a time when many Americans are struggling to get a mortgage and homeownership is declining. Cerberus and Blackstone, along with Colony Capital LLC, also are racing to package debt on homes managed by separate landlords for the first multiborrower bond sale. Ms. Perlberg may be contacted at hperlberg@bloomberg.net; Mr. Gittelsohn may be contacted at johngitt@bloomberg.net Read the court decision
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    Reprinted courtesy of Heather Perlberg and John Gittelsohn – Bloomberg

    Virginia Chinese Drywall “property damage” caused by an “occurrence” and number of “occurrences”

    August 04, 2011 —

    In Dragas Management Corp. v. Hanover Insurance Co., No. 2:10cv547 (E.D. Va. July 21, 2011), claimant residential home general contractor and developer DMC filed for arbitration against insured drywall supply and install subcontractor Porter-Blaine seeking damages for (1) the replacement of defective Chinese drywall, and (2) the repair of resulting property to other components of the DMC homes and homeowners’ personal property in seventy-four homes. Porter-Blaine’s CGL insurer Citizens and excess insurer Hanover defended Porter-Blaine in the DMC arbitration.

    Read the full story…

    Reprinted courtesy of CDCoverage.com

    Read the court decision
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    Reprinted courtesy of

    NTSB Sheds Light on Fatal Baltimore Work Zone Crash

    April 25, 2023 —
    The National Transportation Safety Board recently released conclusions of a preliminary investigation into a March 22 crash that killed six construction workers when an errant car sped through a work zone along the Interstate-695 Beltway in Baltimore. Reprinted courtesy of Justin Rice, Engineering News-Record Mr. Rice may be contacted at ricej@enr.com Read the full story... Read the court decision
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    Reprinted courtesy of

    Look to West Africa for the Future of Green Architecture

    May 16, 2022 —
    In 2014, a crowd of demonstrators stormed Burkina Faso’s National Assembly building, setting it ablaze and ending the nearly 30-year rule of President Blaise Compaoré. A year later, Burkenabè architect Diébédo Francis Kéré was asked to imagine a new parliamentary building — one that would reflect a more democratic future for the West African nation. Kéré conceived a six-story stepped pyramid that slopes up gently from the ground, inviting citizens to gather, climb and take in views of the capital city, Ouagadougou. The ruins of the former parliament building next door would be transformed into a rainwater-collecting memorial park. The project remains a ways off: Burkina Faso continues to struggle with political unrest, including a coup d’état in January 2022. But Kéré’s fast-growing prominence may improve the odds that his vision will eventually materialize. In March, he became the first African architect to win the Pritzker Architecture Prize, the design field’s top honor. Read the court decision
    Read the full story...
    Reprinted courtesy of Kriston Capps, Bloomberg