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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
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    Federal Court Enforces “Limits” and “Most We Will Pay” Clauses in Additional Insured Endorsement

    California Insurance Commissioner Lacks Authority to Regulate Formula for Estimating Replacement Cost Value

    Supreme Court Overrules Longstanding Decision Supporting Collection of Union Agency Fees

    Washington Court Denies Subcontractor’s Claim Based on Contractual Change and Notice Provisions

    Traub Lieberman Partners Lisa Rolle, Erin O’Dea, and Nicole Verzillo Win Motion for Summary Judgment in Favor of Property Owner

    Bound by Group Builders, Federal District Court Finds No Occurrence

    Tennessee High Court Excludes Labor Costs from Insurer’s Actual Cash Value Depreciation Calculations

    Measures Landlords and Property Managers Can Take in Response to a Reported COVID-19 Infection

    Structural Health Check-Ups Needed but Are Too Infrequent

    Trade Contract Revisions to Address COVID-19

    Insurer Obligated to Cover Preventative Remediation of Construction Defects

    Congress Passes, President Signs Sweeping Energy Measure In Spend Bill

    Liquidated Damages: A Dangerous Afterthought

    Hundreds of Coronavirus Coverage Cases Await Determination on Consolidation

    Washington Supreme Court Finds Agent’s Representations in Certificate of Insurance Bind Insurance Company to Additional Insured Coverage

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    Bailout for an Improperly Drafted Indemnification Provision

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    County Elects Not to Sue Over Construction Defect Claims

    Amendments to California Insurance Code to Require Enhanced Claims Handling Requirements for Claims Arising Out Of Catastrophic Events

    Construction Litigation Roundup: “A Close Call?”

    Fannie Overseer Moves to Rescue Housing With Lower Risk to Lenders

    The United States Court of Appeals, Fourth Circuit, Finds Wrap-Up Exclusion Does Not Bar Coverage of Additional Insureds

    Miller Act and “Public Work of the Federal Government”

    Just Because I May Be An “Expert” Does Not Mean I Am Giving Expert Testimony

    Insurers Subrogating in Arkansas Must Expend Energy to Prove That Their Insureds Have Been Made Whole

    DC Metro Extension’s Precast Supplier Banned from Federal Contracts

    Homebuilder Confidence Takes a Beating

    Are Construction Defect Laws Inhibiting the Development of Attached Ownership Housing in Colorado?

    Indemnity Payment to Insured Satisfies SIR

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    NYC’s Developers Plow Ahead With Ambitious Plans to Reshape City

    Ohio subcontractor work exception to the “your work” exclusion

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    David M. McLain to Speak at the CLM Claims College - School of Construction - Scholarships Available

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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

    Appellate Court Reinforces When the Attorney-Client Relationship Ends for Purposes of “Continuous Representation” Tolling Provision of Legal Malpractice Statute of Limitations

    October 20, 2016 —
    In Gotek Energy, Inc. v. Socal IP Law Group, LLP (No. B26668, October 12, 2016), the Second District Court of Appeal held that rather than the date on which a client file is transferred to new counsel, the attorney-client relationship ends for statute of limitations purposes when, using an objective standard, there is no “ongoing mutual relationship” nor evidence of “activities in furtherance of the relationship.” (Emphasis in opinion.) Reprinted courtesy of Stephen J. Squillario, Haight Brown & Bonesteel LLP and David W. Evans, Haight Brown & Bonesteel LLP Mr. Squillario may be contacted at ssquillario@hbblaw.com Mr. Evans may be contacted at devans@hbblaw.com Read the court decision
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    Washington School District Sues Construction Company Over Water Pipe Damage

    August 27, 2014 —
    The Yakima Herald reported that “[t]he Toppenish School District is suing a local construction company over a breach of contract that allegedly led to defective water pipes at one of its elementary schools, according to a complaint filed with the Yakima County Superior Court earlier this week.” According to the complaint (as reported by the Yakima Herald), Toppenish officials alleged that the Huylar Construction Co. failed to install calcium silicate seals during the pipe installation. Furthermore, the complaint stated that last November, the school district discovered “’[e]xtensive corrosion and deterioration’ of the pipes.” Toppenish argued that failure to install the seals is a breach of contract. Toppenish is suing for about $120,000. The Yakima Herald stated that a Huylar representative “could not be reached for comment.” Read the court decision
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    Reprinted courtesy of

    Sixth Circuit Holds that Some Official Actions Taken in the “Flint Water Crisis” Could Be Constitutional Due Process Violations

    March 27, 2019 —
    In what the Court of Appeals describes as “the infamous government-created environmental disaster known at the Flint Water Crisis,” a panel of the U.S. Court of Appeals for the Sixth Circuit has ruled that some of the government personnel responsible for this disaster may be liable, under 42 U.S.C. § 1983, for monetary damages based on the Substantive Due Process Clause of the Fourteenth Amendment to the Constitution. The case is Guertin, et al., v. State of Michigan, et al., decided on January 4, 2019. On April 25, 2014, the City of Flint, MI, facing a financial crisis, agreed to switch its drinking water supply from the water provided by the Detroit Water and Sewerage Department to untreated water available from the Flint River that would be treated in the waterworks owned and operated by the City. However, the City waterworks could not provide the needed treatment, which resulted in the corrosive Flint River water leaching lead out of the old Flint water pipes. Soon thereafter, a public health and environmental crisis enveloped Flint. Many lawsuits have been filed against many defendants, and many civil and criminal investigations have been opened. Read the court decision
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    Reprinted courtesy of Anthony B. Cavender, Pillsbury
    Mr. Cavender may be contacted at anthony.cavender@pillsburylaw.com

    Florida Lawmakers Fail to Reach Agreement on Condominium Safety Bill

    March 14, 2022 —
    Falls Church, March 11, 2022 (GLOBE NEWSWIRE) -- Members of the Florida legislature did not reach an agreement on legislation that would require building inspections and mandatory reserve studies for certain condominium and cooperative communities prior to this session's adjournment, despite the tireless efforts from Sen. Jennifer Bradley (R-Orange Park) and Rep. Daniel Perez (R-Miami) as well as CAI advocates to pass legislation that would contribute to condominium safety after the tragic collapse of Champlain Towers South in Surfside, Fla., last June. The Virginia General Assembly recently passed legislation introduced by Sen. Scott Surovell (D-Fairfax, VA) that requires the Virginia Housing Commission to study condominium safety issues, specifically building inspections. The Maryland legislature is considering funding for condominium buildings in need of critical repairs, while Hawaii is considering building inspection requirements for condominiums. Learn more about CAI's efforts to improve condominium safety by visiting www.caionline.org/condosafety. About Community Associations Institute Since 1973, Community Associations Institute (CAI) has been the leading provider of resources and information for homeowners, volunteer board leaders, professional managers, and business professionals in the more than 355,000 homeowners associations, condominiums, and housing cooperatives in the United States and millions of communities worldwide. With more than 42,000 members, CAI works in partnership with 36 legislative action committees and 63 affiliated chapters within the U.S., Canada, South Africa, and the United Arab Emirates as well as with housing leaders in several other countries, including Australia, Spain, and the United Kingdom. A global nonprofit 501(c)(6) organization, CAI is the foremost authority in community association management, governance, education, and advocacy. Our mission is to inspire professionalism, effective leadership, and responsible citizenship—ideals reflected in community associations that are preferred places to call home. Visit us at www.caionline.org, and follow us on Twitter and Facebook @CAISocial. Read the court decision
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    Reprinted courtesy of

    New York’s 2022 Comprehensive Insurance Disclosure Act: Significant Amendments to the C.P.L.R.

    January 17, 2022 —
    New York, N.Y. (January 4, 2022) - On December 31, 2021, New York State Governor Hochul signed into law the Comprehensive Insurance Disclosure Act. The alleged justification for the act was to reduce the use of “delaying tactics” by compelling disclosure of the complete primary, excess, and umbrella policies implicated by the claim. These amendments will be unduly onerous on both carriers and defense counsel—for a multitude of reasons. It imposes an obligation on the insurer to immediately identify excess policies, eroding policies, and other information or contracts that affect the available coverage. Reprinted courtesy of Ellen H. Greiper, Lewis Brisbois and Kristen Carroll, Lewis Brisbois Ms. Greiper may be contacted at Ellen.Greiper@lewisbrisbois.com Ms. Carroll may be contacted at Kristen.Carroll@lewisbrisbois.com Read the court decision
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    U.S. Homeownership Rate Rises for First Time in Two Years

    October 28, 2015 —
    The homeownership rate in the U.S. rose for the first time in two years as sustained job growth and low borrowing costs fueled demand for housing. The share of Americans who own their homes was 63.7 percent in the third quarter, up from 63.4 percent in the previous three months, the Census Bureau reported Tuesday. It was the first quarterly increase since the third quarter of 2013. The pool of eligible buyers is expanding as U.S. employment improves and families who lost properties during the recession repair their credit and seek another chance at owning. Sales of existing homes rebounded in September to the second-highest level since February 2007. Read the court decision
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    Reprinted courtesy of Prashant Gopal, Bloomberg

    Harmon Hotel Construction Defect Update

    July 18, 2011 —

    Coverage of the ongoing litigation concerning the Harmon Hotel continues to proliferate. Architectural Record and a number of other news outlets continue to provide additional details and coverage of the matter. Chief among the conditions alleged are improperly installed reinforcing steel inside link beams on 15 floors. MGM Claims that the conditions amount to hundreds of millions of dollars in damages, while Perini (the builder) indicated in a July 12th statement that the buildings problems are related to the design, and the they are “fixable.”

    There is significant speculation that MGM Resorts International isn’t interested in repairing the hotel due to a glut of hotel rooms attendant to the troubled economy. In a statement Tuesday Perini reportedly stated that “Repairing and opening the Harmon would only create a greater glut of unused hotel rooms for MGM,” “If market conditions were better and MGM found that demand existed for the Harmon hotel rooms, MGM would not be claiming that the Harmon is unstable.”

    MGM asserts that Perini failed to ”properly construct” the project. Clark County’s Department of Development Services has reportedly asked MGM to provide a plan to fix the project by August 15th.

    The Harmon is part of the $8.5 billion CityCenter project that opened in the fourth quarter of 2009 and is jointly owned by MGM Resorts and Dubai World.

    Prior reports indicated that the owner (MGM) had considered razing the entire project. The future of the project remains uncertain.

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    How Does Your Construction Contract Treat Float

    November 08, 2017 —
    Although there are different types of construction schedule float and more technical definitions, the definition that makes sense to me is that float is the amount of time a particular activity can be delayed without that activity delaying the project’s completion date (substantial completion date). In looking at a construction schedule, this determination is made from looking at the difference between the early start date for an activity and the late start date for that activity or the difference between the early finish date for that activity and the late finish date for that activity in your CPM schedule (which should be the same amount of time). This is often referred to as “total float” and is the float that I usually focus on since it may pertain to a delay to the substantial completion date of the project and can trigger either the assessment of liquidated damages and/or the contractor’s extended general conditions, whatever the case may be. Read the court decision
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    Reprinted courtesy of David Adelstein, Florida Construction Legal Updates
    Mr. Adelstein may be contacted at Dadelstein@gmail.com