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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

    Fairfield Connecticut Building Expert 10/ 10

    Home Builders Association of New Haven Co
    Local # 0720
    2189 Silas Deane Highway
    Rocky Hill, CT 06067

    Fairfield Connecticut Building Expert 10/ 10

    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

    Fairfield Connecticut Building Expert 10/ 10

    Home Builders Association of Connecticut (State)
    Local # 0700
    3 Regency Dr Ste 204
    Bloomfield, CT 06002

    Fairfield Connecticut Building Expert 10/ 10


    Building Expert News and Information
    For Fairfield Connecticut


    No Coverage For Wind And Flood Damage Suffered From Superstorm Sandy

    Construction Cybercrime Is On the Rise

    White and Williams Obtains Reversal on Appeal of $2.5 Million Verdict Against Electric Utility Company

    Virginia Allows Condominium Association’s Insurer to Subrogate Against a Condominium Tenant

    Coronavirus, Force Majeure, and Delay and Time-Impact Claims

    Alarm Cries Wolf in California Case Involving Privette Doctrine

    Meet Your Future Team Members: AI Agents

    In Florida, Component Parts of an Improvement to Real Property are Subject to the Statute of Repose for Products Liability Claims

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

    BIM Meets Reality on the Construction Site

    Premises Liability: Everything You Need to Know

    Massachusetts Couple Seek to Recuse Judge in Construction Defect Case

    Hunton Insurance Lawyer, Adriana Perez, Selected to the National Association of Women Lawyers’ 2023 Rising List

    China Home Glut May Worsen as Developers Avoid Price Drop

    UConn’s Law-School Library Construction Case Settled for Millions

    Let’s Get Surety Podcast – #126 Building the Future: AI, Construction and Law

    Why Construction Law- An Update

    Georgia Appellate Court Supports County Claim Against Surety Company’s Failure to Pay

    A Court-Side Seat: Guam’s CERCLA Claim Allowed, a “Roundup” Verdict Upheld, and Judicial Process Privilege Lost

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

    New California Employment Laws Affect the Construction Industry for 2019

    Treble Damages Awarded After Insurer Denies Coverage for Collapse

    Homeowners Not Compelled to Arbitration in Construction Defect Lawsuit

    National Engineering and Public Works Roadshow Highlights Low Battery Seawall Restoration Project in Charleston

    Pennsylvania Supreme Court Rules that Insurance Salesman had No Fiduciary Duty to Policyholders

    Seattle Expands Bridge Bioswale Projects

    Breaking The Ice: A Policyholder's Guide to Insurance Coverage for Texas Winter Storm Uri Claims

    Dispute Over Exhaustion of Primary Policy

    Court of Appeal Holds Only “Named Insureds” May Sue for Bad Faith Under California FAIR Plan Policy

    Steven Cvitanovic Recognized in JD Supra's 2017 Readers' Choice Awards

    Ceiling Collapse Attributed to Construction Defect

    The ‘Sole Option’ Arbitration Provision in Construction Contracts

    Living Not So Large: The sprawl of television shows about very small houses

    Massachusetts Business Court Addresses Defense Cost Allocation and Non-Cumulation Provisions in Long-Tail Context

    Cracked Girders Trigger Scrutiny of Salesforce Transit Center's Entire Structure

    Newmeyer Dillion Named 2022 Best Law Firm in Multiple Practice Areas By U.S. News-Best Lawyers

    Insurers Refuse Indemnification of Subcontractors in Construction Defect Suit

    California Supreme Court Clarifies Deadline to File Anti-SLAPP Motions in Light of Amended Pleadings

    Anti-Concurrent, Anti-Sequential Causation Clause Precludes Coverage

    Turner Construction Selected for Anaheim Convention Center Expansion Project

    Boston Nonprofit Wants to Put Grown-Ups in Dorms

    Acquisition, Development, and Construction Lending Conditions Ease

    Connecticutt Class Action on Collapse Claims Faces Motion to Dismiss

    Traub Lieberman Partner Gregory S. Pennington and Associate Emily A. Velcamp Obtain Summary Judgment in Favor of Residential Property Owners

    Fire Damages Unfinished Hospital Tower at NYU Langone Medical Center

    Force Majeure Under the Coronavirus (COVID-19) Pandemic

    Haight has been named a Metropolitan Los Angeles Tier 1 “Best Law Firm” in four practice areas and Tier 2 in one practice area by U.S. News – Best Lawyers® “Best Law Firms” in 2021

    Fla. Researchers Probe 'Mother of All Sinkholes'

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    FAIRFIELD CONNECTICUT BUILDING EXPERT
    DIRECTORY AND CAPABILITIES

    Leveraging from more than 7,000 construction defect and claims related expert witness designations, the Fairfield, Connecticut Building Expert Group provides a wide range of trial support and consulting services to Fairfield's most acknowledged construction practice groups, CGL carriers, builders, owners, and public agencies. Drawing from a diverse pool of construction and design professionals, BHA is able to simultaneously analyze complex claims from the perspective of design, engineering, cost, or standard of care.

    Building Expert News & Info
    Fairfield, Connecticut

    Town Concerned Over Sinkhole at Condo Complex

    September 24, 2013 —
    Despite the assurances of their engineering firm, the township of Old Bridge, New Jersey has yet to release the performance bond to the construction of Plaza Grande, a condominium complex for residents over 55. One resident summarized the problem for the Suburban, a newspaper for towns in the area. “Our major concern is a sinkhole near Building 4 that has come back several times.” D.R. Horton, the developer on the project, has dug out the sinkhole, then backfilled and compacted it. However , one member of the Old Bridge Township Council said that she noticed that the area was beginning to sink again. The council member, Mary Sohor, said that Horton “should’ve dug a little deeper and did a little more.” D.R. Horton said that the issues do not affect the safety of the residents and attribute them to seasonal wear and tear. Read the court decision
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    Reprinted courtesy of

    French Laundry Spices Up COVID-19 Business Interruption Debate

    April 20, 2020 —
    On March 26, 2020, Michelin-rated Napa Valley restaurants, French Laundry and Bouchon Bistro, and their celebrity chef, Thomas Keller, filed the second known coronavirus-related declaratory judgment (DJ) lawsuit by a restaurant. The restaurants filed their DJ against Hartford Fire Insurance Company just seven days after Napa County issued a Shelter at Home Order.1 Chef Keller’s suit comes on the heels of the first such suit by a restaurant seeking to recover business income losses, filed by iconic New Orleans French Quarter restaurant Oceana Grill2 on March 17, just four days after the Louisiana governor issued an order prohibiting gatherings of more than 250 people. As local governments seek to protect their citizens and prevent an onslaught of cases in area hospitals, they are issuing various “stay home,” “shelter at home,” and similar orders to force social distancing and to help flatten the curve of the growth in COVID-19 cases. Restaurants nationwide are especially hard hit by these orders, as many of these orders contain size limitations on gatherings, which have required that restaurants and bars limit capacity (as in the March 13th Louisiana order). Other such orders require non-essential businesses to “cease all activities in the County” (as in the Napa County Shelter at Home order). The Napa County order does not exempt restaurants as “essential businesses,” except when providing food for take-out or delivery. Other orders, still, directly address restaurants and require them to cease allowing public consumption of food and beverages (as in the subsequent, March 17th Louisiana order). Reprinted courtesy of Jeffrey J. Vita, Saxe Doernberger & Vita, P.C. and Melanie A. McDonald, Saxe Doernberger & Vita, P.C. Mr. Vita may be contacted at jjv@sdvlaw.com Ms. McDonald may be contacted at mam@sdvlaw.com Read the court decision
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    Antidiscrimination Clause Required in Public Works and Goods and Services Contracts­ –Effective January 1, 2024

    January 22, 2024 —
    In July 2023, the Washington legislature passed Senate Bill 5186, which mandates inclusion of select antidiscrimination clauses in every state contract and subcontract for public works, goods, or services executed after January 1, 2024.[i] RCW 49.60.530(3) codifies the now-required antidiscrimination clauses, which prohibit four categories of discrimination against any person because of age, sex, marital status, sexual orientation, gender identity, race, creed, color, national origin, citizenship or immigration status, honorably discharged veteran or military status, the presence of any sensory, mental, or physical disability, or the use of a trained dog guide or service animal by a person with a disability (the “Protected Class”). Under the new law, public contractors and subcontractors (“Public Contractor”) may not refuse to hire a person because that person is a member of the Protected Class, unless that refusal is based upon a bona fide occupational qualification or if a person with a particular disability would be prevented from properly performing the particular work involved.[ii] Similarly, Public Contractors may not discharge or bar a person from employment or discriminate against any person ­­– either in terms of compensation or other terms and conditions of employment – because that person is a member of the Protected Class.[iii] Last, Public Contractors may not print or circulate (or cause to be printed or circulated) any statement, advertisement, publication, form of application for employment, or make inquiry in connection with prospective employment, which expresses any limitation, specification, or discrimination as to the Protected Class.[iv] Read the court decision
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    Reprinted courtesy of Travis Colburn, Ahlers Cressman & Sleight
    Mr. Colburn may be contacted at travis.colburn@acslawyers.com

    Florida Condo Collapse Victims Reach $1 Billion Settlement

    May 23, 2022 —
    Victims of the South Florida condominium collapse that killed 98 people last year reached settlements totaling almost $1 billion with defendants including the developer of an adjacent luxury tower, engineers and a law firm for the condo association. The massive deal was cobbled together through multiple agreements before a state court hearing Wednesday in Miami, according to Harley S. Tropin, one of the lead plaintiffs’ lawyers who had sued on behalf of survivors and victims’ families. He said he disclosed the settlements in court. “We are pleased to have resolved this case with the defendants to get what we think is a very fair recovery to help end the litigation and allow the victims to attain some means of attempting to move forward from this horrific tragedy,” Tropin said in an emailed statement. The 12-story Champlain Towers South condominium building in Surfside, Florida, collapsed June 24, triggering multiple lawsuits and prompting state and federal probes. A focus was the development of the Renzo Piano-designed Eighty Seven Park high-rise next door to the Champlain Towers. Read the court decision
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    Reprinted courtesy of Erik Larson, Bloomberg

    Collapse of Underground Storage Cave Not Covered

    June 29, 2020 —
    The Eighth Circuit faced unusual facts in determining that the collapse of a cave serving as a storage facility was not covered under the policy. Westchester Surplus Lines Ins. Co. v. Interstate Underground Warehouse & Storage, Inc., 2020 U. S. App. LEXIS 83 8th Cir. Jan. 3, 2020). Interstate operated an underground storage facility in a cave that formerly housed a limestone mine. In 2014, Interstate experienced a series of "dome-outs," in which layers of rock destabilized, detached, and collapsed from above into the cave. Interstate's policy with Westchester included coverage for collapse of a "building" caused by "building decay." Westchester sought a declaratory judgment that Interstate's loss was not covered. The district court granted summary judgment for Westchester because the cause of the loss was not "building decay" within the meaning of the primary policy. Read the court decision
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    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    Indictments Issued in Las Vegas HOA Scam

    January 22, 2013 —
    A federal grand jury has indicted eleven individuals involved in the Las Vegas homeowners association scam. Leon Benzer, Keith Gregory, and Barry Levinson were all indicted for their roles in the scam, where conspirators took over homeowners associations in order to profit from construction defect suits. According to the Las Vegas Review Journal, all eleven were charged with conspiracy to commit mail and wire fraud. Mr. Levinson's license to practice law has been suspended due to an investigation that he misappropriated client funds. Mr. Benzer has been described as the "mastermind" of the scam. Twenty-eight defendants have plead guilty, with all but one agreeing to cooperate with investigators. The report quotes William C. Woerner, the acting special agent in charge of the FBI in Las Vegas, as saying that "today's indictment demonstrates the continued commitment of the FBI and its law enforcement partners to identify and root out public corruption at all levels." Read the court decision
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    The Enforceability of “Pay-If-Paid” Provisions Affirmed in New Jersey

    January 04, 2023 —
    On December 7, 2022, the Appellate Division affirmed the New Jersey Superior Court decision in Jersey Precast v. Tricon Enterprises, Inc. et al., finding that the “pay-if-paid” clause in a material supplier’s purchase order with a general contractor was binding and enforceable. While clauses conditioning a general contractor’s obligation to pay its subcontractors on the general contractor’s receipt of payment from the project owner are not unique – this is the first time that a court in New Jersey has affirmed this practice in a published opinion. [1] Background The general contractor, Tricon, sent Jersey Precast its standard form purchase order for the supply of prestressed box beams to fulfill a public improvement contract with Union County. The reverse side of the form purchase order contained standard terms and conditions, and included a pay-if-paid clause drafted by Michael Zicherman, a partner of Peckar & Abramson, P.C. While Jersey Precast provided some draft revisions to the terms and conditions, Tricon never signed the purchase order and the proposed revisions were never accepted. Significantly, Jersey Precast did not attempt to modify the pay-if-paid provision. It later developed that the construction of the project became impossible, and the beams fabricated by Jersey Precast were not used. Tricon invoiced Union County for the cost of the beams, but the County failed to make payment and refused to accept delivery of the beams. Reprinted courtesy of Levi W. Barrett, Peckar & Abramson, P.C., Michael S. Zicherman, Peckar & Abramson, P.C. and Brian Glicos, Peckar & Abramson, P.C. Mr. Barrett may be contacted at lbarrett@pecklaw.com Mr. Zicherman may be contacted at mzicherman@pecklaw.com Mr. Glicos may be contacted at bglicos@pecklaw.com Read the court decision
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    Construction Warranties and the Statute of Repose – Southern States Chemical, Inc v. Tampa Tank & Welding Inc.

    January 20, 2020 —
    In a recent holding by the Georgia Court of Appeals, the court held that Georgia’s eight-year statute of repose applied to bar the project owner’s warranty claims. The renovation work by the contractor on the owner’s chemical tank constituted an improvement of real property, and thus, the statute of repose bared any claims eight years after substantial completion thereof. In addition, the court rejected the project owner’s claim that it qualified as a third-party beneficiary of an extended warranty contained in a report given by a subcontractor to the contractor. Factual Background In 2000, Southern States Phosphate and Fertilizer Company (“Southern States”) hired Tampa Tank & Welding, Inc (“Tampa Tank”) to renovate a tank to hold sulfuric acid. The parties’ written contract contained an express one-year warranty for material and workmanship from the date of completion. Two years later, in January 2002, the tank renovation was completed. Tampa Tank contracted with Corrosion Control Inc. (“CCI”) to design, assist with, and test the cathodic corrosion system. CCI provided only consultation and did not provide any onsite installation. Upon completion of installation, CCI supplied a report to Tampa Tank that the system was properly installed and fully functioning. Additionally, a post–installation report from CCI to Tampa Tank calculated an estimated life expectancy of forty-three to forty-five years. Read the court decision
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    Reprinted courtesy of David R. Cook, Autry, Hall & Cook, LLP
    Mr. Cook may be contacted at cook@ahclaw.com