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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

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

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    Local # 0755
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    Rocky Hill, CT 06067

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    Local # 0710
    110 Brook St
    Torrington, CT 06790

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    3 Regency Dr Ste 204
    Bloomfield, CT 06002

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    Building Expert News and Information
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    2019 Legislative Session

    Construction Defect Leads to Death, Jury Awards $39 Million

    Homebuilding in Las Vegas Slows but Doesn’t Fall

    Homeowner’s Policy Excludes Coverage for Loss Caused by Chinese Drywall

    Fourteen Years as a Solo!

    Google, Environmentalists and University Push Methane-Leak Detection

    Maryland Court Affirms Condo Association’s Right to Sue for Construction Defects

    Another Reminder that Contracts are Powerful in Virginia

    The Preservation Maze

    Wilke Fleury Attorneys Highlighted | 2019 Northern California Super Lawyers

    Nevada Bill Aims to Reduce Legal Fees For Construction Defect Practitioners

    Pennsylvania Civil Engineers Give the State's Infrastructure a "C-" Grade

    California’s Wildfire Dilemma: Put Houses or Forests First?

    New York’s Comprehensive Insurance Disclosure Act Imposes Increased Disclosure Requirements On Defendants at the Beginning of Lawsuits

    Where-Forum Art Thou? Is the Chosen Forum Akin to No Forum at All?

    Case-Shiller Redo Shows Less Severe U.S. Home-Price Slump

    Students for Fair Admissions: Shaking the Foundations of EEOC Programs and M/WBE Requirements

    No Rest for the Weary: Project Completion Is the Beginning of Litigation

    Colorado Homes Approved Despite being Too Close Together

    Orchestrating Bias: Arbitrator’s Undisclosed Membership in Philharmonic Group with Pauly Shore’s Attorney Not Grounds to Reverse Award in Real Estate Dispute

    City Wonders Who’s to Blame for Defective Wall

    Proposed Florida Construction Defect Act

    “Bee” Careful: Unique Considerations When Negotiating a Bee Storage Lease Agreement

    Court Confirms No Duty to Reimburse for Prophylactic Repairs Prior to Actual Collapse

    John Paulson’s $1 Billion Caribbean Empire Faces Betrayal

    Transition Study a Condo Board’s First Defense against Construction Defects

    Defenses Raised Three-Years Too Late Estop Insurer’s Coverage Denial

    Continuous Injury Trigger Applied to Property Loss

    Public Contract Code Section 1104 Does Not Apply to Claims of Implied Breach of Warranty of Correctness of Plans and Specifications

    Pennsylvania “occurrence”

    Courts Take Another Swipe at the Implied Warranty of the Plans and Specifications

    White and Williams Earns Tier 1 Rankings from U.S. News "Best Law Firms" 2020

    CDJ’s #2 Topic of the Year: Ewing Constr. Co., Inc. v. Amerisure Ins. Co., 2014 Tex. LEXIS 39 (Tex. Jan.17, 2014)

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

    No Duty to Defend Under Renter's Policy

    Lakewood Introduced City Ordinance to Battle Colorado’s CD Law

    Federal Subcontractor Who Failed to Follow FAR Regulations Finds That “Fair” and “Just” are Not Synonymous

    New Report: Civil Engineering Salaries and Job Satisfaction Are Strong and Climbing at a Faster Rate Than Past Reports

    The Association of Southern California Defense Counsel (ASCDC) and the Construction Defect Claims Managers Association (CDMA) Annual Construction Defect Seminar

    Additional Insured Prevails on Summary Judgment For Duty to Defend, Indemnify

    Microwave Transmission of Space-Based Solar Power: The Focus of New Attention

    Can a Receiver Prime and Strip Liens Against Real Property?

    Want to Stay Up on Your Mechanic’s Lien Deadlines? Write a Letter or Two

    Congratulations to Partner Alex Giannetto for Being Named to San Diego Business Journal’s Top 100 Leaders in Law List

    Workers Compensation Immunity and the Intentional Tort Exception

    Kansas Man Caught for Construction Scam in Virginia

    While Construction Permits Slowly Rise, Construction Starts and Completions in California Are Stagnant

    Bank Sues over Defective Windows

    Exclusion Does Not Bar Coverage for Injury To Subcontractor's Employee

    Mitigating Mold Exposure in Manufacturing and Multifamily Buildings
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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

    Instant Hotel Tower, But Is It Safe?

    March 28, 2012 —

    Broad Sustainable Building has leapfrogged in China’s construction boom by building a thirty-story hotel in just fifteen days in the city of Changsha. According to an article in the Los Angeles Times, most of the building was prefabricated, but most prefabricated buildings require a longer time for assembly. Broad claimed that it cut no corners on safety. However, Zhang Li, a Beijing architect, told the Times that “incredible speed also means incredible risk.”

    At the completion date, the interior was still partially finished. Some rooms were furnished, while others weren’t quite so ready. The hotel will be used to house clients who are visiting Broad and some of its employees.

    Broad called their process “the most profound innovation in human history” and predicted that soon a third of new buildings worldwide would be constructed this way. The company anticipates using the same process to build taller buildings, with hopes of eventually constructing a 150-story building.

    China is currently undergoing a building boom which Zhang attributed to a desire to catch up to the developed world. As a result of this boom, he noted that building inspections are often skipped in China to speed up building.

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    Reprinted courtesy of

    Do Construction Contracts and Fraud Mix After All?

    October 27, 2016 —
    On several occasions here at Construction Law Musings, I’ve discussed the fact that, with a few exceptions, fraud claims and written construction contract based claims do not mix. One of the exceptions to the so called “economic loss rule” that would seem to preclude both fraud and contract claims in the same lawsuit is where fraud is used to induce the contract in the first place. This exception would only apply where an independent duty, wholly outside of the duties created by the contract, is properly plead and proven to the court. For the same reason, namely a separate duty outside of the contract, the Virginia Consumer Protection Act (“VCPA”) may allow for an exception that would allow a cause of action under this statute. Up until recently, the courts of Virginia have used these exceptions sparingly. However, the recent Loudoun County, VA Circuit Court opinion in Interbuild, Inc. v. Sayers (opinion also found at Virginia Lawyers Weekly) may signal a broadening of these exceptions. In the Interbuild case, the Court considered a claim for fraud in the inducement and breach of the VCPA. The basic facts plead by the plaintiffs were that Interbuild induced them into the contract through statements that it had been an es­tablished business since 1981, the project did not require a building permit, it had obtained all necessary subcontractor pric­es and would provide full-time project su­pervision, the project would be completed within 16 weeks, 4000 PSI concrete would be used for the project and that the proj­ect would be located in the agreed-upon area depicted and that they reasonably relied on these representations in deciding to enter into the contract to build their recreational facility. Read the court decision
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    Reprinted courtesy of Christopher G. Hill, The Law Office of Christopher G. Hill, PC
    Mr. Hill may be contacted at chrisghill@constructionlawva.com

    Construction Defects Uncertain Role in Coverage in Pennsylvania

    February 04, 2013 —
    Douglas E. Cameron, Jay M. Levin, and Traci S. Rea look at the implications of a pair of Pennsylvania court decisions from 2012. The judge in both cases, Judge Wettick of the Allegheny County Court of Common Pleas held that comprehensive general liability policies do not cover any claims that arise from faulty workmanship. The three conclude that "these holdings may preclude coverage for any tort claims asserted against your company if the allegations involve construction defects, even if you are sued for property damage or personal injury by a third party to your construction contract." They note that both decisions have been appealed to the Pennsylvania Superior Court. Read the court decision
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    Reprinted courtesy of

    Can Your Industry Benefit From Metaverse Technology?

    November 06, 2023 —
    As the metaverse evolves, we know there are inherent risks for businesses. But what industries can we expect to be impacted and what are the potential upsides and opportunities? “We are observing how different industries are incorporating this technology to better their business strategy. For example, companies are utilizing augmented reality to assess the risk for large catastrophes, like wildfires. This technology could help prevent major disastrous events if integrated properly,” said Michael Kearney, vice president of emerging technologies and innovation at The Hartford. As virtual and augmented reality technologies become more popular, there is an uptick in demand across industries to mitigate risk, increase company efficiency and build brand awareness. There are several industries that may be significantly impacted by the evolution of the metaverse, including:
    • Technology: It is anticipated that there will be cutting edge technologies at the forefront, building the infrastructure for the metaverse.
    • Gaming: This industry has potential to be the center of the metaverse with gamers developing a deeper connection to the digital world.
    Read the court decision
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    Reprinted courtesy of The Hartford Staff, The Hartford Insights

    At $350 Million, Beverly Hillbillies Mansion Is Most Expensive in U.S.

    August 10, 2017 —
    The story of Jed Clampett is, by now, a legend. A poor mountaineer, he could barely feed his family of four, but one day, while he was out hunting for food, he fired his rifle into the swamp behind his shack—and struck oil. The sale of the resource-rich land, in 1962, would eventually net him between $25 million and $100 million, and he did what anyone with sudden riches would do: He packed up his truck and moved his clan to Beverly Hills, where their adventures would be the subject of nine seasons of the Beverly Hillbillies. Now the Bel Air estate featured in the (fictional) show’s opening credits is up for sale—and as befits a wealthy, cultured oilman like Jed Clampett, it’s the most expensive listing in the country at $350 million. “Chartwell”—10.3 acres of land centering on a 25,000-square-foot mansion inspired by French Neoclassical design—went on the market this week, besting its closest competitor, a Beverly Hills spec house, by $100 million. Read the court decision
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    Reprinted courtesy of Matt Gross, Bloomberg

    Illinois Earns C- on its 2022 Infrastructure Report Card while Making Strides on Roads and Transit

    May 02, 2022 —
    Chicago, Ill. – The Illinois Section of the American Society of Civil Engineers (ASCE) today revealed its 2022 Infrastructure Report Card, giving the state an overall grade of C-. Illinois' civil engineers studied eleven infrastructure categories. Of those eleven, six categories are in mediocre condition, and five categories are in poor condition. The committee representing more than 2,700 civil engineers across Illinois collected and analyzed data and based its grades on eight criteria, including condition, funding, public safety and resilience. As a major hub for our nation's infrastructure, Illinois has taken considerable steps to improving its transportation and infrastructure networks and several major categories showed improvements – notably transit and roads. To view the report card and all eleven categories evaluated, visit https://infrastructurereportcard.org/state-item/Illinois/. ABOUT THE ILLINOIS SECTION OF THE AMERICAN SOCIETY OF CIVIL ENGINEERS Civil engineering experts in their respective fields from the Illinois Section of ASCE, with assistance from the Central Illinois Section, Quad Cities Section, and the St. Louis Section, prepared The Report Card for Illinois' Infrastructure. The Report Card is created to educate and advise our elected officials and citizens on the condition of our State's infrastructure using sound engineering evaluation criteria and to provide recommendations on how to raise the grade. Since 1915, the Illinois Section has represented Civil Engineers in America's engineering hub and the organization recently celebrated its Centennial Anniversary. ASCE provides a platform for our members to mentor, learn and teach, which enables us to serve as stewards of infrastructure in our state, nation and throughout the world. Read the court decision
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    Arizona Rooftop Safety: Is it Adequate or Substandard?

    October 01, 2014 —
    The Wall Street Journal reported that the Occupational Safety and Health Administration (OSHA) recently “took the unprecedented step of formally proposing to take over construction workplace safety in Arizona because it said the state doesn't require proper fall protection.” OSHA’s deputy director, Jordan Barab, told the Wall Street Journal, “We told them we did not think their standard…was at least as effective as ours.” However, “[a] spokeswoman for Arizona's state workplace enforcement agency countered that the state's requirements are adequate, adding that it will respond to the federal notice ‘as appropriate.’” Read the court decision
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    Where Standing, Mechanic’s Liens, and Bankruptcy Collide

    September 17, 2018 —
    I have spoken often about mechanic’s liens and the implications of such liens as they relate to bankruptcy here at Construction Law Musings. A recent case out of Loudoun County, Virginia added another wrinkle to this discussion, that of standing and what happens on conveyance of the property and what interest in the property is required to allow a party to seek removal of the mechanic’s lien. In Leesburg Bldg. P’rs LLC v. Mike Berger Inc. the Loudoun County Circuit Court faced the following scenario. Leesburg Building Partners developed certain condominiums and hired Lansdowne Construction to perform the work as general contractor and paid Landsdowne in full for the work. Lansdowne hired Mike Berger, Inc. (“MBI”) to perform concrete work for the project. Landsdowne didn’t pay MBI approximately $48,000.00 and subsequently filed for bankruptcy. MBI, seeking to protect it’s interest in the money it was owed, recorded a mechanic’s lien on the property. Leesburg Building Partners filed an action to declare the lien invalid and have it removed from the property based upon its “payment defense” and the fact that it had paid Landsdowne in full. A relatively simple scenario and one that has been discussed before here at Musings. Not so fast. . . Read the court decision
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    Reprinted courtesy of Christopher G. Hill, The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at chrisghill@constructionlawva.com