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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


    California Supreme Court Adopts Vertical Exhaustion for Long-Tail Claims

    Kansas Man Caught for Construction Scam in Virginia

    Construction Lien Waiver Provisions Contractors Should Be Using

    Be Careful When Requiring Fitness for Duty Examinations

    A Look Back at the Ollies

    Corps of Engineers to Prepare EIS for Permit to Construct Power Lines Over Historic James River

    Be Sure to Dot All of the “I’s” and Cross the “T’s” in Virginia

    Be Mindful Accepting Payment When Amounts Owed Are In Dispute

    Indiana Court of Appeals Rules Against Contractor and Performance Bond Surety on Contractor's Differing Site Conditions Claim

    NJ Supreme Court Declines to Review Decision that Exxon Has No Duty to Indemnify Insurers for Environmental Liability Under Prior Settlement Agreement

    Guessing as to your Construction Damages is Not the Best Approach

    New Evidence Code Requires Attorney to Obtain Written Acknowledgement that the Confidential Nature of Mediation has been Disclosed to the Client

    California Court of Appeal Vacates $30M Non-Economic Damages Award Due to Failure to Properly Apportion Liability and Attorney Misconduct During Closing Argument

    Colorado Senate Bill 13-052 Dies in Committee

    Commerce City Enacts Reform to Increase For-Sale Multifamily Housing

    Following Mishaps, D.C. Metro Presses on With Repairs

    Arizona Court Cites California Courts to Determine Construction Defect Coverage is Time Barred

    Construction Calamity: Risk Transfer Tips for Contractors After a Catastrophic Loss

    Housing Prices Up through Most of Country

    Court of Appeals Issues Decision Regarding Second-Tier Subcontractors and Pre-Lien Notice

    Protect Against Design Errors With Owners Protective Professional Indemnity Coverage

    Green Buildings Could Lead to Liabilities

    A Survey of New Texas Environmental Laws

    Endorsements Do Not Exclude Coverage for Wrongful Death Claim

    California Court of Appeal Holds a Tenant Owes No Duty to Protect a Social Guest From a Defective Sidewalk Leading to a Condominium Unit

    California Committee Hosts a Hearing on Deadly Berkeley Balcony Collapse

    Your “Independent Contractor” Clause Just Got a Little Less Relevant

    Owners Should Serve Request for Sworn Statement of Account on Lienor

    Boyfriend Pleads Guilty in Las Vegas Construction Defect Scam Suicide

    New Proposed Regulations Expand CFIUS Jurisdiction Regarding Real Estate

    New Survey Reveals Present-Day Risks of Asbestos Exposure in America - 38% in High-Risk Jobs, 47% Vulnerable through Second-Hand Exposure

    Homebuilding in Las Vegas Slows but Doesn’t Fall

    AGC Seeks To Lead Industry in Push for Infrastructure Bill

    Skipping Depositions does not Constitute Failure to Cooperate in New York

    Contractor's Agreement to Perform Does Not Preclude Coverage Under Contractual Liability Exclusion

    The Construction Lawyer as Problem Solver

    Federal Courts Reject Insurers’ Attempts to Recoup Defense Costs Expended Under Reservation of Rights

    One Insurer's Settlement with Insured Does Not Bar Contribution Claim by Other Insurers

    New York Team’s Win Limits Scope of Property Owners’ Duties to Workers for Hazards Inherent in Their Work

    Colorado House Bill 19-1170: Undefined Levels of Mold or Dampness Can Make a Leased Residential Premises Uninhabitable

    School Blown Down by Wind Still Set to Open on Schedule

    Is an Initial Decision Maker, Project Neutral, or Dispute Resolution Board Right for You?

    Washington Court Tunnels Deeper Into the Discovery Rule

    Insurance Alert: Insurer Delay Extends Time to Repair or Replace Damaged Property

    Housing Starts in U.S. Slumped More Than Forecast in March

    California Statutes Authorizing Public-Private Partnership Contracting

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

    L.A. Makes $4.5 Billion Bet on Olympics After Boston Backs Out

    Newmeyer & Dillion Appoints Partner Carol Zaist as General Counsel

    Insurers in New Jersey Secure a Victory on Water Damage Claims, But How Big a Victory Likely Remains to be Seen
    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

    Presidential Memorandum Promotes Reliable Supply and Delivery of Water in the West

    November 14, 2018 —
    In a Memorandum dated October 19, 2018 and entitled Promoting the Reliable Supply and Delivery of Water in the West, the President has directed the Secretaries of the Interior and Commerce to work together to minimize “unnecessary regulatory burdens and foster more efficient decision-making” so that major federal water projects are constructed and operated in a manner that delivers water and power in an “efficient, cost-effective way.” More specifically, they will take steps to streamline the western water infrastructure regulatory processes and remove unnecessary burdens in accordance with the timetables set forth in the Memorandum. 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

    Mexico’s Construction Industry Posts First Expansion Since 2012

    August 13, 2014 —
    Mexico’s construction industry expanded in June for the first time in 19 months, adding to signs that the economy is rebounding after missing analyst estimates in seven of the last eight quarters. Construction increased 2.2 percent from the year earlier, helping industrial production to expand 2 percent, according to data released today by the national statistics agency. The median estimate of 19 economists surveyed by Bloomberg was for industrial output to rise 2.1 percent. “Industrial activity continued strengthening in June, very much in line with what the market expected,” Mario Correa, the chief Mexico economist at Bank of Nova Scotia, said in a note to clients today. “The construction industry finally showed a positive growth rate.” Read the court decision
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    Reprinted courtesy of Brendan Case, Bloomberg
    Mr. Case may be contacted at bcase4@bloomberg.net

    Five Steps Employers Should Take In the Second Year Of the COVID-19 Pandemic

    March 29, 2021 —
    For the past year, employers faced unprecedented difficulties as they navigated the twists, turns and ever-present challenges the COVID-19 pandemic dished out. A year later, new challenges face employers. The promise of vaccines, the fear of new variants, and the realization that “normal” will never look quite the same, leave many employers to wonder: “what next?”. As employers prepare to enter the second year of the COVID-19 pandemic, here are five things they should plan to do. 1. Update Workplace Safety Measures At the onset of the pandemic, employers struggled to understand the safety obligations involved in preventing the spread of COVID in the workplace. As we approach the second year of the pandemic, clearer legal standards and better science exist requiring employers to update the steps they are taking to keep their workplaces safe. Read the court decision
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    Reprinted courtesy of Laura H. Corvo, White and Williams LLP
    Ms. Corvo may be contacted at corvol@whiteandwilliams.com

    Another Colorado District Court Refuses to Apply HB 10-1394 Retroactively

    October 28, 2011 —

    In Martinez v. Mike Wells Construction Company, 09CV227, Teller County District Court Judge Edward S. Colt refused to apply C.R.S. § 13-20-808 retroactively to provide coverage for the underlying construction defect allegations. According to the recitation of facts in Judge Colt’s March 2011 order, Martinez contracted with Mike Wells Construction to serve as the general contractor for the construction of a home. At that time, Mike Wells Construction was insured through ProBuilders Specialty Insurance Company, RRG. Disputes arose between Martinez and Mike Wells Construction, resulting in Martinez ordering it off of the project in mid-November 2007 and terminating its right to work there by letter dated November 28, 2007.

    Mike Wells, the owner of the corporation, subsequently died. Martinez sued Mike Wells Construction in July 2009 for breach of contract and various claims relating to alleged defecting workmanship. Martinez provided notice of the suit to the special administrator of the probate estate. No answer having been filed, the court entered a default judgment against Mike Wells Construction and Martinez sought to garnish Mike Wells Construction’s ProBuilders insurance policy.

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    Reprinted courtesy of Higgins, Hopkins, McLain & Roswell, LLC. Mr. McClain can be contacted at mclain@hhmrlaw.com

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    Allegations That COVID-19 Was Physically Present and Altered Property are Sufficient to Sustain COVID-19 Business Interruption Suit

    May 24, 2021 —
    On Wednesday, a federal judge in Texas denied Factory Mutual’s Rule 12(c) motion for judgment on the pleadings, finding that the plaintiffs adequately alleged that the presence of COVID-19 on their property caused covered physical loss or damage in the case of Cinemark Holdings, Inc. v. Factory Mutual Insurance Co., No. 4:21-CV-00011 (E.D. Tex. May 5, 2021). This is the third COVID-19-related business interruption decision from Judge Amos Mazzant since March, but the first in favor of a policyholder. Taken together, the three decisions have two key takeaways and provide a roadmap for policyholders in all jurisdictions. First, the Cinemark decision recognizes that the alleged presence of COVID-19 viral particles that physically altered the policyholder’s property is sufficient under federal pleading standards and controlling state law. In its motion, FM relied on Judge Mazzant’s recent decision in Selery Fulfillment, Inc. v. Colony Insurance Co., No. 4:20-CV-853, 2021 WL 963742 (E.D. Tex. Mar. 15, 2021), which dismissed a lawsuit alleging that the policyholder’s losses were caused by government orders that closed its business, rather than from the actual presence of the virus on its property. The Court held that government orders alone do not constitute physical loss or damage, and declined to rule on whether the physical presence of the virus does. Judge Mazzant reached the same conclusion weeks later in Aggie Investments, L.L.C. v. Continental Casualty Co., No. 4:21-CV-0013, 2021 WL 1550479 (E.D. Tex. Apr. 20, 2021). Reprinted courtesy of Michael S. Levine, Hunton Andrews Kurth and Joseph T. Niczky, Hunton Andrews Kurth Mr. Levine may be contacted at mlevine@HuntonAK.com Mr. Niczky may be contacted at jniczky@HuntonAK.com Read the court decision
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    Reprinted courtesy of

    The Johnstown Dam Failure, as Seen in the Pages of ENR in 1889

    April 08, 2024 —
    The small headline of the Engineering News article shown here belies the gravity of the disaster: the deadliest dam failure in U.S. history. The South Fork Dam in Pennsylvania was a 72-ft-tall, 931-ft long earth and rockfill structure. After a stop-and-start construction process over a dozen years, it was completed in 1853. The dam went through several changes of ownership and was repaired inadequately. Fish screens were installed that obstructed the spillway and caused water to overtop and erode the structure. This mass of water uprooted trees, rocks, houses, rail cars and animals as it thundered down the valley before smashing into a stone railway embankment. Fires ignited by wrecked locomotives burned for three days. The death toll was 2,208. Reprinted courtesy of Scott Lewis, Engineering News-Record Mr. Lewis may be contacted at lewisw@enr.com Read the full story... Read the court decision
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    Paycheck Protection Program Forgiveness Requirements Adjusted

    June 29, 2020 —
    On June 5, 2020, the President signed into law the Paycheck Protection Program Flexibility Act of 2020, amending portions of the Paycheck Protection Program (“PPP”). Most importantly, the PPP Flexibility Act adjusted the forgiveness requirements for PPP loans. The CARES Act allowed borrowers to apply for forgiveness of loan amounts used for payroll and other covered costs during an eight-week period beginning on the date of origination, or by June 30, 2020, whichever came first. The CARES Act also allowed borrowers to use the loan funds by June 30 to restore employee and payroll levels that had been reduced as a result of COVID-19. The Small Business Administration instructed borrowers that at least 75% of the loan funds had to be used to cover payroll costs during the covered period to be eligible for forgiveness. Read the court decision
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    Reprinted courtesy of Jacob W. Scott, Smith Currie
    Mr. Scott may be contacted at jwscott@smithcurrie.com

    Using Lien and Bond Claims to Secure Project Payments

    March 01, 2021 —
    While suing in court for payment on a construction project is nothing new, the very notion of non-payment tends evokes images of hard-working contractors and subcontractors, working with tight margins, owed payment for services rendered and materials. Fortunately, for general contractors and subcontractors in the construction industry, there are better remedies for securing payment on a project before it becomes a bigger issue. Construction projects, especially large public ones, usually include a dizzying array of general contractors, subcontractors and independent contractors, sometimes numbering more than a hundred entities. The inter-connected groups of companies working toward the goal of project completion require competent construction management in order to stay on time and on budget for completion. One of the project owner’s key tools used to ensure the process runs smoothly is the use of payment bonds and surety bonds. Payment Bonds Payment bonds ensure that contractors and subcontractors get paid for work performed in accordance with contract conditions. Disputes can occur before, during and even after the completion of work. Injunctive lawsuits, which contemplate the stoppage of work, would be detrimental to completing a public or private construction project of substantial size. Rather than having such minor disputes derail the entire project, the aggrieved party’s remedy is to file a claim against the payment bond, which offers a solution designed to keep the issue separate from the project’s completion. The payment bond also allows the project owner to transfer risk. Reprinted courtesy of Jonathan Cheatham, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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