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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


    Landmark Towers Association, Inc. v. UMB Bank, N.A. or: One Bad Apple Spoils the Whole Bunch

    Legislative Update: Bid Protest Law Changes to Benefit Contractors

    Housing Starts in U.S. Drop to Lowest Level in Three Months

    Create a Culture of Safety to Improve Labor Recruitment Efforts

    Supreme Court Upholds Prevailing Wage Statute

    Guessing as to your Construction Damages is Not the Best Approach

    The Status of OSHA’s Impending Heat Stress Standard

    UK Court Rules Against Bechtel in High-Speed Rail Contract Dispute

    Fourth Circuit Issues New Ruling on Point Sources Under the CWA

    Ambiguity Kills in Construction Contracting

    President Trump Nullifies “Volks Rule” Regarding Occupational Safety and Health Administration (OSHA) Recordkeeping Requirements

    Bert Hummel Appointed Vice Chair of State Bar of Georgia Bench & Bar Committee

    Partner Jason Taylor and Senior Associate Danielle Kegley Successful in Appeal of Summary Disposition on Priority of Coverage Dispute in the Michigan Court of Appeals

    Smart Construction and the Future of the Construction Industry

    Massive Fire Destroys Building, Firefighters Rescue Construction Worker

    Plaintiffs’ Claims in Barry v. Weyerhaeuser Company are Likely to Proceed after Initial Hurdle

    Excess Must Defend After Primary Improperly Refuses to Do So

    Is the Construction Industry Actually a Technology Hotbed?

    Construction Law Alert: A Specialty License May Not Be Required If Work Covered By Another License

    Dump Site Provider Has Valid Little Miller Act Claim

    Brief Discussion of Enforceability of Anti-Indemnity Statutes in California

    City Sues over Leaking Sewer System

    U.S. Construction Value Flat at End of Summer

    Enerpac Plays Critical Role in Industry-changing Discovery for Long Span Bridges at The University of Nebraska-Lincoln

    Are You Taking Full Advantage of Available Reimbursements for Assisting Injured Workers?

    WSDOT Seeks Retraction of Waiver Excluding Non-Minority Woman-Owned Businesses from Participation Goals

    Bar Against Forum Selection Clauses in Construction Contracts Extended to Design Professionals

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    Real Estate & Construction News Roundup (5/8/24) – Hotel Labor Disputes, a Congressional Real Estate Caucus and Freddie Mac’s New Policies

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

    Subcontractor Not Estopped from Enforcing Lien Not Listed In Bankruptcy Petition

    Insured's Complaint Against Flood Insurer Survives Motion to Dismiss

    Owner’s Slander of Title Claim Against Contractor Recording Four Separate Mechanics Liens Fails Under the Anti-SLAPP Statute

    Safety, Compliance and Productivity on the Jobsite

    Real Estate & Construction News Roundup (4/24/24) – Omni Hotels Hit with Cyberattack, Wisconsin’s Low-Interest Loans for Home Construction, and Luxury Real Estate Sales Increase

    SkenarioLabs Uses AI for Property Benchmarking

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    Updates to Residential Landlord Tenant Law

    Federal District Court Continues to Find Construction Defects do Not Arise From An Occurrence

    Pennsylvania “occurrence”

    Additional Insured Is Covered Under On-Going Operations Endorsement Despite Subcontractor's Completion of Work

    City Council Authorizes Settlement of Basement Flooding Cases

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    Sixth Circuit Lifts Stay on OSHA’s COVID-19 Temporary Emergency Standards. Supreme Court to Review

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    Corporate Profile

    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

    North Carolina Should Protect Undocumented Witnesses to Charlotte Scaffolding Deaths, Unions Say

    April 03, 2023 —
    Charlotte Observer More than two months after a scaffolding collapse in Charlotte killed three men, labor unions are urging state leaders to protect undocumented construction workers who witnessed the collapse so they can safely talk to investigators. Reprinted courtesy of Engineering News-Record ENR may be contacted at enr@enr.com Read the full story... Read the court decision
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    Reprinted courtesy of

    Appeals Court Explains Punitive Damages Awards For Extreme Reprehensibility Or Unusually Small, Hard-To-Detect Or Hard-To-Measure Compensatory Damages

    November 10, 2016 —
    In Nickerson v. Stonebridge Life Ins. Co. (No. B234271A, filed 11/3/16), (“Nickerson II”) a California appeals court outlined the requirements for complying with the single-digit multiplier annunciated as a Constitutional limitation on punitive damages by the United States Supreme Court in State Farm Mut. Automobile Ins. Co. v. Campbell (2003) 538 U.S. 408, for awards of punitive damages against insurers in cases of extreme reprehensibility or unusually small, hard-to-detect or hard-to-measure compensatory damages. Reprinted courtesy of Christopher Kendrick, Haight Brown & Bonesteel LLP and Valerie A. Moore, Haight Brown & Bonesteel LLP Mr. Kendrick may be contacted at ckendrick@hbblaw.com Ms. Moore may be contacted at vmoore@hbblaw.com Read the court decision
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    Reprinted courtesy of

    Protecting and Perfecting Your Mechanics Lien when the Property Owner Files Bankruptcy

    June 19, 2023 —
    Introduction/Overview of the Mechanics Lien Law The California mechanics lien is a powerful tool for contractors, subcontractors and materials suppliers to secure payment of unpaid construction debts. A contractor, subcontractor or materials supplier is allowed to record a mechanics lien on real property, based on the value added to the property by the claimant during the construction process. The recorded mechanics lien provides the claimant with legal right to force the sale of the improved real property and thereby obtain the funds necessary to pay the delinquent debt. Under the usual procedure, the first step is the recording of mechanics lien with County Recorder’s office in the County where the property is located. A lawsuit to foreclose on the lien must then be filed in the County Superior Court of that County, within ninty (90) days after the mechanics lien is recorded. The goal of the lawsuit is to obtain a judgment for foreclosure on the mechanics lien by way of a forced sale of the property. The net proceeds of the sale will be used to pay the unpaid construction debt secured by the recorded mechanics lien, assuming that sale proceeds exceed the amount of senior liens and encumbrances. Read the court decision
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    Reprinted courtesy of William L. Porter, Porter Law Group
    Mr. Porter may be contacted at bporter@porterlaw.com

    Manhattan Homebuyers Pay Up as Sales Top Listing Price

    October 01, 2014 —
    Manhattan apartment prices rose 4.2 percent in the third quarter, bolstered by buyers who increasingly agreed to pay what sellers were asking or more. The median sale price of condominiums and co-ops was $908,242, up from $872,000 a year earlier, according to a report today from appraiser Miller Samuel Inc. and brokerage Douglas Elliman Real Estate. The average price per square foot increased 12 percent to $1,270, the third-highest in records dating to 1989, the firms said. Prices in Manhattan have climbed for four consecutive quarters, encouraging more owners to list properties after an inventory shortage last year. With the number of apartments on the market up 28 percent from the third quarter of 2013, buyers focused on those that were not-too-ambitiously priced, said Jonathan Miller, president of New York-based Miller Samuel. Read the court decision
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    Reprinted courtesy of Oshrat Carmiel, Bloomberg
    Mr. Carmiel may be contacted at ocarmiel1@bloomberg.net

    Massachusetts District Court Holds Contractors Are Not Additional Insureds on Developer’s Builder’s Risk Policy

    August 31, 2020 —
    In Factory Mut. Ins. Co. v. Skanska United States Bldg., No. 18-cv-11700-DLC, 2020 U.S. Dist. LEXIS 95403 (Skanska), the United States District Court for the District of Massachusetts considered whether contractors on a construction job were additional insureds on the developer’s builder’s risk insurance policy. After a water loss occurred during construction, the builder’s risk insurance carrier paid its named insured for the resultant damage, and subsequently filed a subrogation action against two contractors. The defendants filed a motion for summary judgment, claiming that the anti-subrogation rule barred the carrier from subrogating against them because they were additional insureds on the policy. The court found that based on the particular language of the additional insured provision in the policy, the defendants were not additional insureds for purposes of the subrogation action. Skanska arose from property damage that occurred during a construction project where Novartis Corporation (Novartis) endeavored to construct a biomedical research building in Cambridge, Massachusetts and retained Skanska USA Building, Inc. (Skanska) as the general contractor. In turn, Skanksa hired J.C. Cannistraro, LLC (JCC) as a subcontractor. Novartis secured a builder’s risk insurance policy from Factory Mutual Insurance Company (Factory Mutual). The policy defined “Insured” as Novartis and its subsidiaries, partnerships and joint ventures that it controlled or owned. The policy included another provision, titled “Property Damage,” which stated that the policy “insures the interest of contractors and subcontractors in insured property… to the extent of the Insured’s legal liability for insured physical loss or damage to such property.” Read the court decision
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    Reprinted courtesy of Gus Sara, White and Williams
    Mr. Sara may be contacted at sarag@whiteandwilliams.com

    Automated Weather Insurance Could Offer Help in an Increasingly Hot World

    July 10, 2023 —
    Carlos José Báez experienced the full brunt of Hurricane Maria when it made landfall in Puerto Rico as a catastrophic storm in 2017. The auto paint shop owner, who lives in Aguas Buenas, Puerto Rico, saw his home badly damaged by Maria’s ferocious winds and rain. Despite submitting claims to his homeowner’s insurance policy for over $25,000, Báez ultimately received a payout of $11,000. “We had a lot of property damage and insurance, but they didn’t want to pay,” Báez said in an interview in Spanish. More than $1.6 billion in insurance claims remained unresolved more than two years after Maria while others were denied completely. The latter happened to Jonathan González’s mother, who waited nearly a year for an adjuster to come take photos of water damage and a broken wheelchair ramp only for the claim to be denied six months later. Read the court decision
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    Reprinted courtesy of Michelle Ma, Bloomberg

    Recovering Time and Costs from Hurricane Helene: Force Majeure Solutions for Contractors

    November 18, 2024 —
    When Hurricane Helene struck North Carolina, it caused severe disruptions to construction projects across the state. Baxter International’s North Cove facility in Marion, N.C., was completely shut down after floodwaters damaged the site and bridges leading to it. Elsewhere, landslides and floods wiped out large sections of Interstate 40, making transportation of materials and equipment nearly impossible. Many contractors in western North Carolina found their projects halted, and their schedules thrown off by this force majeure event. In situations like these, contractors and subcontractor need a plan to mitigate the impact of such natural disasters on their projects. Here are five practical tips to help you secure time extensions and/or compensation for delays: 1. Include a Robust Force Majeure Clause in Your Contract When disaster strikes, your contract is your first line of defense. A well-drafted force majeure clause can make the difference between bearing the costs yourself and getting an extension or compensation. The clause should clearly list specific events such as hurricanes, floods, and road closures as qualifying force majeure events. Read the court decision
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    Reprinted courtesy of Matthew DeVries, Buchalter
    Mr. DeVries may be contacted at mdevries@buchalter.com

    The Results are in, CEO/Founding Partner Nicole Whyte is Elected to OCBA’s 2024 Board of Directors!

    October 09, 2023 —
    Bremer Whyte Brown & O’Meara, LLP is excited to share that CEO/Founding Partner Nicole Whyte has been elected to the Orange County Bar Associations (“OCBA”) slate of four open Board of Directors for a three-year term beginning January 2024, alongside Casey Johnson (Aitken Aitken Cohn LLP), William O’Neill (Ross, Wolcott, Teinert & Prout LLP), and Lesley Young (Orange County District Attorney’s Office). “It is one of the greatest honors of my career to have been elected to the OCBA board of directors. Thank you to all those who supported me; I will work tirelessly as your representative to serve our bar and community. I am especially excited to work alongside President Elect Christina Zabat-Fran and the other esteemed members of the board. I look forward to applying my skills and knowledge to serve our legal community as we work to promote excellence, integrity and honor in our profession, and to improve the practice for all.” – Nicole Whyte Nicole is honored to have the opportunity to continue her support with the OC legal community. For over two decades, she has served on various OCBA legal committees and boards. Nicole currently serves on the board of OCBA Master’s Division and is the 2023 Board President of the Public Law Center, the largest pro-bono law firm in Orange County. She is also a current board member of the Sonenshine Pro Bono Committee. Nicole is a founding fellow of the OC Bar Foundation and served as secretary for the Robert Banyard Inn of Court for eight years. Nicole plans to call upon her experience serving on various boards, and her many years of law practice and management experience, to help identify and support the needs of the OCBA and its thriving and diverse OC legal community. Read the court decision
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    Reprinted courtesy of Bremer Whyte Brown & O'Meara LLP