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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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    Local # 0720
    2189 Silas Deane Highway
    Rocky Hill, CT 06067

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    Local # 0755
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    Local # 0710
    110 Brook St
    Torrington, CT 06790

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    Building Expert News and Information
    For Fairfield Connecticut


    Contractor’s Assignment of Construction Contract to Newly Formed Company Before Company Was Licensed, Not Subject to B&P 7031

    Defending Against the Res Ipsa Loquitur Doctrine – Liability Considerations

    White and Williams recognized with Multiple Honorees in the Chambers 2023 USA Guide

    Nondelegable Duties

    Remodel Leads to Construction Defect Lawsuit

    ENR Northwest’s Top Contractors Survey Reveals Regional Uptick

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    Winners Announced in Seattle’s Office-to-Residential Call for Ideas Contest

    Consider Arbitration Provision in Homebuilder’s Warranty and Purchase-and-Sale Agreement

    The Future for Tall Buildings Could Be Greener

    Client Alert: Release of Liability Agreement Extinguishes Duty of Ordinary Care

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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.

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    Fairfield, Connecticut

    Safe Harbors- not just for Sailors anymore (or, why advance planning can prevent claims of defective plans & specs) (law note)

    August 17, 2011 —

    Have you ever considered a “Safe Harbor Provision” for your Owner-Architect or Owner-Engineer contract? Maybe it is time that you do.

    As you are (probably too well) aware, on every construction project there are changes. Some of these are due to the owner’s change of heart, value engineering concerns, contractor failures, and material substitutions. Some may be because of a design error, omission, or drawing conflict. It happens.

    A “Safe Harbor Provision” is a provision that establishes an acceptable percentage of increased construction costs (that is, a percentage of the project’s contingency). The idea is that if the construction changes attributable to the designer is within this percentage, no claim will be made by the Owner for design defects.

    Read the full story…

    Reprinted courtesy of Melissa Brumback of Ragsdale Liggett PLLC. Ms. Brumback can be contacted at mbrumback@rl-law.com.

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    Over a Hundred Thousand Superstorm Sandy Cases Re-Opened

    March 12, 2015 —
    The Federal Emergency Management Agency (FEMA) announced yesterday that they will be reopening 144,000 flood insurance claims, reported the New Jersey Law Journal. The announcement comes weeks after reports that “some insurance companies denied thousands of claims after fraudulently altering engineering reports, as well as complaints that insurance companies systematically underpay on claims because they fear a backlash from FEMA.” Read the court decision
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    Reprinted courtesy of

    Homeowner Who Wins Case Against Swimming Pool Contractor Gets a Splash of Cold Water When it Comes to Attorneys’ Fees

    February 05, 2024 —
    Looking outside as of late it seems like the glorious, sun-drenched days of Summer are just a nostalgic memory of days long gone. So, to bring back some of those warm-weather memories, I have a swimming pool case for you. Although, like most of the things we write about here on the California Construction Law Blog it’s not all fun-in-the-sun. The Lee Case In Lee v. Cardiff, 94 Cal.App.5th 398 (2023), Homeowner Dianne Lee entered into a construction contact with contractor David Brian Cardiff doing business as Advantage Pools Bay Area for a swimming pool and landscaping project totaling $231,500. It must have been quite a pool. As these things sometimes go, a dispute arose and Cardiff left the job before its was finished. Lee later sued alleging breach of contract, negligent construction and violation of the Contractor State License Law. Read the court decision
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    Reprinted courtesy of Garret Murai, Nomos LLP
    Mr. Murai may be contacted at gmurai@nomosllp.com

    Illinois Court of Appeals Addresses What It Means to “Reside” in Property for Purposes of Coverage

    July 16, 2023 —
    In Dardar v. Farmers Auto. Ins. Ass'n, 2023 IL App ( 5th ) 220357-U, the Illinois Fifth District Court of Appeals addressed an insured’s suit against her property insurer after the carrier denied coverage for a fire loss. The property in question was inherited by the Plaintiff from her brother and was in the process of being renovated at the time of the fire loss. After the fire, the Plaintiff’s homeowners carrier denied the claim on the grounds that the Plaintiff was not occupying the property at the time of the fire and was therefore not covered under the terms of the policy. It was undisputed that the Plaintiffs never lived in or physically occupied the home. Correspondingly, the carrier denied the claim on the basis that the policy only covered the Plaintiff’s "residence premises," which was defined as: (1) the one-family dwelling where you reside; (2) the two, three, or four-family dwelling where you reside in at least one of the units; or (3) that part of any other building in which you reside. The carrier determined that the Plaintiff did not “reside” at the property and therefore were not covered under the policy terms. Read the court decision
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    Reprinted courtesy of James M. Eastham, Traub Lieberman
    Mr. Eastham may be contacted at jeastham@tlsslaw.com

    Construction Contracts and The Uniform Commercial Code: When Does it Apply and Understanding the Pre-Dominant Factor Test

    November 01, 2022 —
    The Uniform Commercial Code (“UCC”) replaces the common law in many commercial transactions, providing provisions and a framework governing the conduct of business. The UCC attempts to develop uniformity among state laws on commercial matters as many of these contracts involve parties from different states. The UCC has been adopted in almost all states, including Washington, and substantially mirror each other throughout the country. The question that is most commonly presented, in the Construction law context, is when does the UCC apply and control? Read the court decision
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    Reprinted courtesy of Keith Sparks, Ahlers Cressman & Sleight PLLC
    Mr. Sparks may be contacted at keith.sparks@acslawyers.com

    New Home Construction Booming in Texas

    October 24, 2022 —

    With the rapid relocation trends of families moving to Texas, it was reported that new residential construction permits in Texas grew to a total value in excess of $2 billion and over 7,500 new construction permits in September 2022 alone. D.R. Horton lead the way with 1,139 new permits, while Lennar Homes clocked 696 new permits. Other leading homebuilders including KB Homes (239 permits) and Pulte Homes (253 permits) remained active heading into the 4th Quarter of 2022. The following is a breakdown of new permits and average home values in the 4 largest cities in Texas (Houston, Dallas, Austin and San Antonio) for September 2022:

    Houston

    Last month, there were approximately 340 home builders with new permits on record in the Houston area, and the following ranked as the top five total new permits:

    BuilderTotal PermitsAverage Value
    1-D.R. Horton 483 $ 129,812.00
    2-Camillo Properties 190 $ 147,790.00
    3-Lennar Homes 188 $ 195,503.00
    4-Meritage Homes 124 $ 248,597.00
    5-Wan Pacific Real Estate Development 117 $ 165,044.00

    Dallas

    In Dallas, there were more than 290 contractors with new residential construction activity on record with HBW last month, and the following ranked as the top five for total new permits:

    BuilderTotal PermitsAverage Value
    1-D.R. Horton 555 $ 179,430.00
    2-Lennar Homes 232 $ 202,318.00
    3-Trophy Signature Homes 111 $ 274,016.00
    4-Bloomfield Homes 97 $ 405,235.00
    5-Meritage Homes 92 $ 267,425.00

     Austin

    Last month, there were nearly 125 home builders with new construction activity on record in the Austin area, and the following ranked as the top five for total new permits for the one-month period:

    BuilderTotal PermitsAverage Value
    1-Lennar Homes 150 $ 154,390.00
    2-KB Homes 147 $ 253,606.00
    3-D.R. Horton 99 $ 200,416.00
    4-Taylor Morrison Homes 79 $ 365,183.00
    5-David Weekley Homes 64 $ 436,978.00

     San Antonio

    In San Antonio, there were nearly 120 contractors with new residential construction activity on record last month, and the following ranked as the top five for total new permits:

    BuilderTotal PermitsAverage Value
    1-Lennar Homes 126 $ 174,315.00
    2-KB Homes 55 $ 254,109.00
    3-Pulte Homes 52 $ 241,012.00
    4-M/I Homes 51 $ 237,283.00
    5-LGI Homes 30 $ 202,760.00

    The residential construction boom is Texas does not appear to be slowing down anytime soon. With new corporations relocating corporate offices to the Lone Star State each year, we expect this trend to continue for the foreseeable future. And with increased home production, we will closely monitor the increase in construction related litigation over the next five to ten years.

    The increase in market activity attracts new or inexperienced builders and tradesman, making the importance of a proactive approach to construction management all the more important. Given the labor shortages and supply chain issues. It is imperative that Texas homebuilders take extra precautions to ensure quality construction practices and oversight to minimize potential litigation.

    Reprinted courtesy of Jason Daniel Feld, Kahana Feld and Ron Raydon, Kahana Feld

    Mr. Feld may be contacted at jfeld@kahanafeld.com

    Mr. Raydon may be contacted at rraydon@kahanafeld.com

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    CEB’s Mechanics Liens and Related Remedies – 2014 Update

    November 26, 2014 —
    I’ve been writing for the CEB – the Continuing Education of the Bar – which publishes legal practice guides for lawyers for some time now. But I don’t think I’ve been quite as excited to write for the CEB than writing for its publication, California Mechanics Liens and Related Construction Remedies, for the first time this year. Particularly, since it’s one of the first publications I used as a young lawyer to learn about construction law, and still use today. Read the court decision
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    Reprinted courtesy of Garret Murai, Wendel Rosen Black & Dean LLP
    Mr. Murai may be contacted at gmurai@wendel.com

    Wall Street Is Buying Starter Homes to Quietly Become America’s Landlord

    February 27, 2023 —
    Javier Vidana started out as a real estate agent in 2013, when Arizona’s Salt River Valley seemed wide open. It was the aftermath of a housing market crash that had seen the typical home value in the Phoenix metro area fall more than 50%, and a single parent with good credit could tap loan programs geared toward first-time homeowners and find a pretty decent place to live. For Vidana, the challenge was convincing potential clients that a house was something they wanted to own. “We were on the phone begging people to buy,” he says. “There was no buyer confidence whatsoever.” The economy crawled forward, and the housing market with it. Vidana made a specialty of tutoring young buyers on real estate basics. Soon he was supplementing his commission income by selling how-to PDFs on his website and collecting ad revenue on his YouTube channel. Then the pandemic sparked a boom that gave him something new to explain. Americans responded to the work-from-home era by house shopping, and no big city was hotter than Phoenix. The median home was worth about $285,000 at the beginning of the pandemic; it was valued at $435,000 two years later. It wasn’t unheard of for a seller to receive 50 offers or more, or for a prospective buyer to make offers on a dozen different homes before finally closing a deal. Read the court decision
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    Reprinted courtesy of Patrick Clark, Bloomberg