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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
    2189 Silas Deane Hwy
    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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    California Court of Appeal Provides Clarity On What Triggers Supplemental Analysis Under California Environmental Quality Act

    Why Clinton and Trump’s Infrastructure Plans Leave Us Wanting More

    Repair of Fractured Girders Complete at Shuttered Salesforce Transit Center

    Construction Defects Lead to Demolition of Seattle’s 25-story McGuire Apartments Building

    AI AEC Show: Augmenta Gives Designers Superpowers

    U.S. Supreme Court Limits the Powers of the Nation’s Bankruptcy Courts

    Fannie-Freddie Elimination Model in Apartments: Mortgages

    New York Instructs Property Carriers to Advise Insureds on Business Interruption Coverage

    Is Ohio’s Buckeye Lake Dam Safe?

    The Living Makes Buildings Better with Computational Design

    Steven Cvitanovic to Present at NASBP Virtual Seminar

    Pennsylvania Supreme Court Dismisses Appeal of Attorney Fee Award Under the Contractor and Subcontractor Payment Act

    New York's De Blasio Unveils $41 Billion Plan for Affordable Housing

    Florida Former Public Works Director Fined for Ethics Violation

    2019 Legislative Changes Affecting the Construction Industry

    Demand for New Homes Good News for Home Builders

    ACS Obtains Overwhelming Jury Trial Victory for General Contractor Client

    Seabold Construction Ties Demise to Dispute with Real Estate Developer

    Indiana Federal Court Holds No Coverage for $50M Default Judgment for Lack of Timely Notice of Class Action

    Boston Construction Bands With Health Care to Fight COVID-19

    Haight’s John Arbucci and Kristian Moriarty Selected for Super Lawyers’ 2020 Southern California Rising Stars

    Seven Trends That Impact Commercial Construction Litigation in 2021

    For Breach of Contract Claim, There Needs to be a Breach of a Contractual Duty

    San Diego County Considering Updates to Green Building Code

    Construction Defects in Home a Breach of Contract

    Property Damage to Insured's Own Work is Not Covered

    Tennessee Court: Window Openings Too Small, Judgment Too Large

    Ambiguity Kills in Construction Contracting

    Approaches to Managing Job Site Inventory

    Court Upholds Denial of Collapse Coverage Where Building Still Stands

    Cutting the Salt Out: Tips for Avoiding Union Salting Charges

    Berlin Lawmakers Get a New Green Workspace

    Traub Lieberman Attorneys Recognized in 2019 Edition of Who’s Who Legal

    Virginia Chinese Drywall and pollution exclusion

    The Requirement to State a “Sum Certain” No Longer a Jurisdictional Bar to Government Contract Claims

    Risk Management and Contracting after Hurricane Irma: Suggestions to Avoid a Second Disaster

    Construction Law Alert: Appellate Court Rules General Contractors Can Contractually Subordinate Mechanics Lien Rights

    IoT: Take Guessing Out of the Concrete Drying Process

    Washington High Court Holds Insurers Bound by Representations in Agent’s Certificates of Insurance

    Paycheck Protection Flexibility Act Of 2020: What You Need to Know

    Haight’s Kristian Moriarty Selected for Super Lawyers’ 2021 Southern California Rising Stars

    The Benefits of Incorporating AI Into the Construction Lifecycle

    Insurer's Motion to Dismiss Allegations of Collapse Rejected

    U.S. Judge Says Wal-Mart Must Face Mexican-Bribe Claims

    SE 2050 Is In Quixotic Pursuit of Eliminating Embodied Carbon in Building Structures

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

    Vancouver’s George Massey Tunnel Replacement May Now be a Tunnel Instead of a Bridge

    Coyness is Nice. Just Not When Seeking a Default Judgment

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    Delays in Filing Lead to Dismissal in Moisture Intrusion Lawsuit
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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. 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.

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    Fairfield, Connecticut

    Iconic Seattle Center Arena Roof the Only Piece to Stay in $900-Million Rebuild

    July 09, 2019 —
    The roof covering the under-construction Seattle Center Arena will remain. And it won’t move, even as contractors remake the entire arena beneath it. OVG-Seattle has started the task of remaking the city-owned structure—and the only major arena within a park in North America—into the home for the expansion NHL Seattle franchise and the start of the 2021 NHL season. Read the court decision
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    Reprinted courtesy of Tim Newcomb, ENR
    Mr. Newcomb may be contacted at

    When OSHA Cites You

    April 22, 2024 —
    With the strong bonds that form among construction project teams, workers looking out for each other helps keep safety foremost in everyone’s mind. But sometimes, even the very best intentions alone can’t prevent an occasional misstep—a forgotten hard hat, a sagging rope line—which can and often does result in an OSHA citation. These regulatory reminders can bring unfortunate consequences: penalties, higher insurance premiums, potential worker injury claims, loss of bidding eligibility, loss of reputation and even public embarrassment, because citations are published on OSHA’s website. Due to citations’ adverse effects, contractors have incentives to minimize them. They can do this by asserting available defenses, because a citation is only an alleged violation, not a confirmed one. But making defenses available begins well before a citation is issued, well before OSHA arrives to a construction site and well before a violation even occurs. Instead, contractors’ ongoing safety programs should incorporate the necessary measures to preserve OSHA citation defenses in three key areas: lack of employee exposure, lack of employer knowledge and impossibility. EMPLOYEE EXPOSURE To sustain a citation against an employer, OSHA must not only identify an applicable standard that the company violated but also show that the violation exposed employees to hazards and risk of injury. Absent evidence of actual exposure, OSHA often makes this showing by asserting that performing job functions necessarily exposes employees to the cited hazard. Reprinted courtesy of Michael Metz-Topodas, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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    Mr. Metz-Topodas may be contacted at michael.metz-topodas@saul.com

    Lower Manhattan Condos Rival Midtown’s Luxury Skyscrapers

    April 09, 2014 —
    Manhattan developer Bill Rudin hadn’t planned to start selling apartments at his Greenwich Village project until the end of this year. He began rethinking that strategy after getting cornered at a cocktail party. “People came up to me and said, ‘We want to buy, we want to buy. When can we buy?’” Rudin said in an interview. He opened a sales office in October for the Greenwich Lane, a complex under construction at the site of the shuttered St. Vincent’s Hospital, after an online sign-up list of would-be buyers for the 200 condominiums drew 1,100 names. More than half of the units at the development, still largely a field of dirt and skeletal towers, have sold at prices averaging $3,500 a square foot, in line with other projects downtown and a new luxury benchmark for the area. While Midtown skyscrapers fringing Central Park are setting sales records and attracting international investors, downtown Manhattan’s new condos are breaking their own price barriers with a focus on local buyers. From the cobblestone streets of Tribeca to the low-rise landmarks of Greenwich Village, builders are accelerating projects with features and costs that rival high-end offerings farther north. Read the court decision
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    Reprinted courtesy of Oshrat Carmiel, Bloomberg
    Ms. Carmiel may be contacted at ocarmiel1@bloomberg.net

    OSHA ETS Heads to Sixth Circuit

    December 13, 2021 —
    On November 16, 2021, the U.S. Court of Appeals for the Sixth Circuit was selected during the Judicial Panel on Multidistrict Litigation’s lottery to hear the multiple consolidated challenges to the recent COVID-19 Emergency Temporary Standard (ETS) issued by the Occupational Safety and Health Administration (OSHA). OSHA is permitted to issue an ETS if the agency arrives at the conclusion that a “grave danger” to worker safety exists. An ETS does not go through the typical notice-and-comment period that federal regulations usually follow. Inheriting the Fifth Circuit’s recent nationwide stay on implementation and enforcement of the ETS, the Sixth Circuit will decide whether the stay should be “modified, revoked, or extended” in the short term. Early this morning, OSHA filed an emergency motion to dissolve the Fifth Circuit’s stay of the vaccine mandate with the Sixth Circuit. OSHA argued, among other things:
    • The Fifth Circuit erred in holding “that OSHA lacked statutory authority to address the grave danger of COVID-19 in the place on the ground that COVID-19 is caused by a virus and also exists outside of the workplace” because “[t]hat rationale has no basis in the statutory text.”
    • The Fifth Circuit erred in finding the ETS both over- and underinclusive because “OSHA recounted extensive empirical data showing that all employees can transmit COVID-19 in the workplace and that COVID-19 has spread in a vast variety of workplace.”
    • The “petitioners have not shown that their claimed injuries outweigh the interests in protecting employees from a dangerous virus while this litigation proceeds . . . . These claimed injuries do not justify delaying the [ETS] that will save thousands of lives and prevent hundreds of thousands of hospitalizations.”
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    Reprinted courtesy of George Morrison, White and Williams LLP
    Mr. Morrison may be contacted at morrisong@whiteandwilliams.com

    Hunton Partner Michael Levine Appointed to Law360’s 2024 Insurance Authority Property Editorial Advisory Board

    May 20, 2024 —
    Washington, DC-based partner Michael Levine has been recognized for his extensive experience and insights into emerging and legacy property and business interruption insurance coverage issues by being selected to Law360’s 2024 Editorial Advisory Board for Insurance Authority Property. As a member of the board, Mike will provide feedback on Law360’s coverage of property issues and expert insight on how best to shape future reporting of issues affecting businesses across all industry sectors. Reprinted courtesy of Hunton Andrews Kurth llp Read the full story... Read the court decision
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    Randy Maniloff Recognized by U.S. News – Best Lawyers® as a "Lawyer of the Year"

    October 14, 2019 —
    Congratulations to Randy Maniloff, Counsel in the Insurance Coverage and Bad Faith Group, who was named the U.S. News – Best Lawyers® 2020 Insurance Law “Lawyer of the Year” in Philadelphia. Randy was recognized by his peers for his professional abilities in this area. "Lawyer of the Year" recognitions are awarded to individual lawyers with extremely high overall peer-feedback for a specific practice area and geographic location. Randy concentrates his practice in the representation of insurers in coverage disputes over primary and excess obligations under a host of policies, including general liability and various professional liability policies. He has significant experience in coverage matters involving additional insured and contractual indemnity issues. His practice also includes an academic side. He is an adjunct professor of Insurance at Temple University Beasley School of Law and the co-author of “General Liability Insurance Coverage – Key Issues in Every State” (4th edition), a nearly 1,000 page reference book that provides 50-state surveys on 20 critical liability coverage issues. Read the court decision
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    Reprinted courtesy of Randy Maniloff, White and Williams LLP
    Mr. Maniloff may be contacted at maniloffr@whiteandwilliams.com

    Vertical vs. Horizontal Exhaustion – California Supreme Court Issues Ruling Favorable to Policyholders

    May 11, 2020 —
    For years, when faced with damage or injury spanning several policy periods, excess general liability insurers have argued that all potentially applicable underlying policies must be exhausted before the excess drops down to provide coverage (“horizontal exhaustion”). Insureds, on the other hand, insist that they are entitled to immediately access an excess policy for any given policy year, if that year’s underlying policy has exhausted (“vertical exhaustion”). Vertical exhaustion not only enables insureds to directly tap into the excess insurance for which they paid substantial premiums, but also enables the insured to moderate risk given that different lower level policies might (1) be needed for other claims, (2) have larger self-insured retentions, or (3) have other less favorable coverage provisions. Allowing an insured to proceed via vertical exhaustion would also eliminate the heavy administrative and logistical burden that could result from having to pursue and exhaust all underlying coverage on multi-year claims. In Montrose Chemical Corp. v. Superior Court, 2020 WL 1671560 (April 6, 2020), the California Supreme Court has come down in favor of policyholders and vertical exhaustion. The Montrose case involved contamination that allegedly occurred between 1947 and 1982 and different liability insurance towers (comprised of primary and excess layers) for each year. The insured, Montrose, maintained a tower of insurance coverage, year by year, and faced claims asserting damage that spanned several decades. Montrose sought coverage from excess insurers under a vertical exhaustion approach. Not surprisingly, Montrose’s excess insurers insisted that horizontal exclusion was required and that Montrose was required to exhausted all other policies with lower attachment points in every single involved policy period. The California Supreme Court ruled in Montrose’s favor, holding that the insured may insist upon full coverage from an excess insurer once the layer directly below it has exhausted. The Court reasoned that the burden of spreading the loss among insurers is one that is appropriately borne by insurers, not insureds. Reprinted courtesy of Alan H. Packer, Newmeyer Dillion and James S. Hultz, Newmeyer Dillion Mr. Packer may be contacted at alan.packer@ndlf.com Mr. Hultz may be contacted at james.hultz@ndlf.com Read the court decision
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    Extreme Flooding Overwhelms New York Roadways, Killing 1 Person

    July 24, 2023 —
    NEW YORK (AP) — Heavy rain spawned extreme flooding in New York’s Hudson Valley that killed at least one person, swamped roadways and forced road closures on Sunday night, as much of the rest of the Northeast U.S. braced Monday for potentially punishing rains. As the storm moved east, the National Weather Service extended flash flood warnings into Connecticut, including the cities of Stamford and Greenwich, before creeping into Massachusetts. Forecasters said some areas could get as much as 5 inches (12 centimeters) of rain. In New York's Hudson Valley, rescue teams found the body of a woman in her 30s who drowned after being swept away while trying to evacuate her home, Orange County Executive Steven Neuhaus told WABC-TV. Officials were waiting for the medical examiner's office to arrive, he said. Read the court decision
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    Reprinted courtesy of Bloomberg