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    Home Builders & Remo Assn of Fairfield Co
    Local # 0780
    433 Meadow St
    Fairfield, CT 06824

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    Local # 0740
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    Salem, CT 06420

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    Building Expert News and Information
    For Fairfield Connecticut


    A New Study on Implementing Digital Visual Management

    Nobody Knows What Lies Beneath New York City

    Car Crashes Through Restaurant Window. Result: Lesson in the History of Additional Insured Coverage

    It's a Wrap! Enforcing Online Agreements in Light of the CPRA

    Traub Lieberman Partner Kathryn Keller and Associate Steven Hollis Secure Final Summary Judgment in Favor of Homeowner’s Insurance Company

    CISA Guidance 3.1: Not Much Change for Construction

    Houston Office Secures Favorable Verdict in Trespass and Nuisance Case Involving Subcontractor’s Accidental Installation of Storm Sewer Pipe on Plaintiff’s Property

    Candis Jones Named to Atlanta Magazine’s 2024 “Atlanta 500” List

    Natural Disasters’ Impact on Construction in the United States

    Auditor: Prematurely Awarded Contracts Increased Honolulu Rail Cost by $354M

    Recommendations for Property Owners After A Hurricane: Submit a Claim

    Contract Provisions That Help Manage Risk on Long-Term Projects

    Rattlesnake Bite Triggers Potential Liability for Walmart

    Challenging and Defending a California Public Works Stop Payment Notice: Affidavit vs. Counter-Affidavit Process

    Builder’s Risk Coverage—Construction Defects

    Hurricane Laura: Implications for Insurers in Louisiana

    Construction Delays: Which Method Should Be Used to Calculate Delay?

    Construction Defects Are Occurrences, Says South Carolina High Court

    Georgia Supreme Court Limits Damages Under Georgia Computer Systems Protection Act

    Design Immunity Does Not Shield Public Entity From Claim That it Failed to Warn of a Dangerous Condition

    Implied Warranty Claims–Not Just a Seller’s Risk: Builders Beware!

    Georgia Supreme Court Determines Damage to "Other Property" Not Necessary for Finding Occurrence

    William Lyon Homes Unites with Polygon Northwest Company

    No Coverage Under Property Policy With Other Insurance and Loss Payment Provisions

    Wells Fargo, JPMorgan Vexed by Low Demand for Mortgages

    Navigating Casualty Challenges and Opportunities

    Candis Jones Named to Atlanta Magazine’s 2023 “Atlanta 500” List

    Construction Defect Notice in the Mailbox? Respond Appropriately

    Existing U.S. Home Sales Rise to Second-Highest Since 2007

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

    In Personal Injury Actions, Prejudgment Interest on Costs Not Recoverable

    Big Bertha Lawsuits—Hitachi Zosen Weighs In

    Florida Appellate Court Holds Four-Year Statute of Limitations Applicable Irrespective of Contractor Licensure

    Someone Who Hires an Independent Contractor May Still Be Liable, But Not in This Case

    PCL Sues Big Bank for $30M in Claimed NJ Mall Unpaid Work

    New York Appellate Team Obtains Affirmance of Dismissal of Would-Be Labor Law Action Against Municipal Entities

    On-Site Supersensing and the Future of Construction Automation – Discussion with Aviad Almagor

    Wood Smith Henning & Berman LLP Expands into Georgia

    California to Require Disclosure of Construction Defect Claims

    California Supreme Court Hands Victory to Private Property Owners Over Public Use

    California Supreme Court Confirms the Right to Repair Act as the Exclusive Remedy for Seeking Relief for Defects in New Residential Construction

    Discussion of History of Construction Defect Litigation in California

    No Coverage for Hurricane Sandy Damage

    Climate Change a Factor in 'Unprecedented' South Asia Floods

    New Iowa Law Revises Construction Defects Statute of Repose

    Safety Accusations Fly in Dispute Between New York Developer and Contractor

    Builder Waits too Long to Dispute Contract in Construction Defect Claim

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    A Court-Side Seat: Environmental Developments on the Ninth Circuit
    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

    If You Can’t Dazzle Em’ With Brilliance, Baffle Em’ With BS: Apprentices on Public Works Projects

    October 24, 2023 —
    The “Big Four” when it comes to public works contracting on state and local projects in California are:
    1. Registration with the California Department of Industrial Relations (“DIR”);
    2. Payment of prevailing of wages and maintenance and submission of certified payroll;
    3. Compliance with the “skilled and trained workforce” requirements on certain projects; and
    4. Hiring apprentices on state and local public works projects with a value of $30,000 or more.
    The next case, GRFCO, Inc. v. Superior Court, 89 Cal.App.5th 1295 (2023), discusses the last of these requirements. The case also reminded me of W.C. Field’s old saying – “If you can’t dazzle em’ with brilliance, baffle em’ with bullshit” – and which ended with expected results. Read the court decision
    Read the full story...
    Reprinted courtesy of Garret Murai, Nomos LLP
    Mr. Murai may be contacted at gmurai@nomosllp.com

    Building a Strong ESG Program Can Fuel Growth and Reduce Company Risk

    June 19, 2023 —
    Companies are addressing today’s evolving ESG (Environmental, Social and Governance) issues like they never have before. From climate change to diversity, equity and inclusion, these topics are at the forefront of discussion for businesses, with many seeking to understand stakeholder concerns and implement strategies to improve their ESG efforts. Stakeholders – consumers, investors and employees alike – have recently become more vocal and united in their demand for sustainable corporate behavior. In fact, 83% of consumers think companies should be actively working on Environmental, Social and Governance (ESG) program best practices and 86% of employees prefer to support or work for companies that care about the same issues they do.1 In turn, companies are addressing these issues like they never have before, in recognition of their importance as indicators of long-term value. Read the court decision
    Read the full story...
    Reprinted courtesy of The Hartford Staff, The Hartford Insights

    Performance Bond Surety Takeover – Using Terminated Contractor To Complete The Work

    January 06, 2020 —
    When a contractor is defaulted under a performance bond, can its surety hire the same defaulted contractor to complete the work? Stated differently, can the performance bond surety engage its defaulted bond-principal in taking over and completing the same work the contractor was defaulted under? The answer is “yes” if you are dealing with a standard form AIA A312 performance bond (and other bond forms that contain analogous language), as demonstrated by the recent decision in Seawatch at Marathon Condominium Association, Inc. v. The Guarantee Company of North America, 2019 WL 4850194 (Fla. 3d DCA 2019). In this case, a condominium association hired a contractor in a multi-million dollar contract to renovate condominium buildings. The contractor provided the association, as the obligee, a performance bond written on an AIA A312 performance bond form. During construction, the association declared the contractor in default and terminated the contractor. In doing so, the association demanded that the performance bond surety make an election under paragraph 4 of the AIA A312 bond form that gave the surety the following options: 4.1 Arrange for the CONTRACTOR, with consent of the OWNER, to perform and complete the Contract; or 4.2 Undertake to perform and complete the Contract itself, through its agents or through independent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the OWNER for a contract for performance and completion of the Contract, arrange for a contract to be prepared for execution by the OWNER and the contractor selected with the OWNER’S concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the Bonds Issued on the Contract, and pay to the OWNER the amount of damages as described in paragraph 6 in excess of the Balance of the Contract Price incurred by the OWNER resulting from the CONTRACTOR Default; or Read the court decision
    Read the full story...
    Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
    Mr. Adelstein may be contacted at dma@kirwinnorris.com

    Happy New Year from CDJ

    January 04, 2018 —
    The CDJ staff has compiled a “Top 10” list of the articles published in 2017. These articles were the “most read” by our audience last year. These most read stories range from contemplating construction industry conundrums to a surprising increase of new home construction nationwide. As we kick off our first publication of 2018 we are excited to continue to bring you interesting and relevant content. We hope that you will continue to rely on CDJ for an insightful weekly summary of what is happening in the construction defect industry. Read the court decision
    Read the full story...
    Reprinted courtesy of

    Righting Past Wrongs Through Equitable Development

    January 17, 2022 —
    Standing on a dead-end street in Spartanburg, S.C., Harold Mitchell can plainly see the history of injustice in his community. On one side lies the remains of his childhood home. On the other, a shuttered fertilizer plant that was operational when Mitchell was growing up. He distinctly recalls smells of ammonia and sulfur emanating through the neighborhood that “were so pervasive, you didn’t even think about it.” He remembers his father regularly cleaning white dust off their cars, and workers emerging from the plant gates “looking like the Pillsbury Doughboy” covered in fertilizer dust from head to toe. Sometimes, he’d walk with the plant’s night watchman, strolling alongside neon green sewage lagoons located not far from his bedroom window. Reprinted courtesy of Bruce Buckley, Engineering News-Record and Pam Radtke Russell, Engineering News-Record ENR may be contacted at enr@enr.com Read the full story... Read the court decision
    Read the full story...
    Reprinted courtesy of

    How Helsinki Airport Uses BIM to Create the Best Customer Experience

    September 07, 2017 —
    Helsinki Airport is arguably one of the best in the world. Thanks to its perfect location between Asia and Europe, it’s becoming an ever-more-popular hub. I interviewed Finavia’s Design Manager, Kari Ristolainen, about the airport’s development program and how building information modeling (BIM) is essential to its success. On my way to Finavia’s project office, I walked by the newly opened South Pier. The construction company’s blue site huts were still there, but inside, the terminal seemed fully operational. The South Pier is the latest addition in the development program that started in 2014. Of the 21 airports that Finavia has in Finland, Helsinki is the crown jewel. The €900 million expansion and renovation program will eventually double the airport’s capacity. In 2014, Finavia chose Lemminkäinen as the project management contractor for the terminal expansion. Destia is the partner in the alliance for extending the airport apron. PES Architects continues as the principal designer, while other designers include Sweco Structures, Granlund, and SITO. Read the court decision
    Read the full story...
    Reprinted courtesy of Aarni Heiskanen, AEC Business
    Mr. Heiskanen may be contacted at info@aepartners.fi

    Risk Spotter Searches Internal Data Lakes For Loaded Words

    October 11, 2017 —
    A tech start-up recently announced that it has been granted seven U.S. patents for a system that applies a “deep learning” algorithm to examine corporate e-mail databases and flag those with message fields or attachments containing language that might increase risk for a company involved in a federal discrimination lawsuit. Read the court decision
    Read the full story...
    Reprinted courtesy of Tom Sawyer, ENR
    Mr. Sawyer may be contacted at sawyert@enr.com

    Understanding California’s Pure Comparative Negligence Law

    November 13, 2023 —
    In order for a plaintiff to prove a defendant is negligent, the plaintiff must prove the defendant (1) owed a duty to plaintiff, (2) breached that duty, (3) the breach was the actual and proximate cause of plaintiff’s injury, and (4) the resulting monetary damage. However, for both plaintiffs and defendants it is not an all or nothing game in California. This is because California is a pure Comparative Negligence state. California’s Comparative Negligence law provides that even if a plaintiff is deemed 99% at fault, the plaintiff can still recover 1% in damages from a defendant. Thus, even if a plaintiff is deemed to be more than 50% (or even 99%) at fault for the incident, the plaintiff could still recover some monetary amount, or the defendant will still have to pay plaintiff, depending on how you see it. In most instances, a jury decides what percentage of fault to assign to each party. Just as a plaintiff must prove he/she/its negligence case against a defendant, if the defendant claims plaintiff was partially responsible for the incident, the defendant must prove plaintiff was also negligent and said negligence contributed to plaintiff’s injuries. The total amount of monetary responsibility distributed among all defendants and plaintiffs must equal 100%. As crazy as it may sound, a plaintiff found to be 99.9% at fault, is still entitled to recover 0.01% from a defendant in California. Read the court decision
    Read the full story...
    Reprinted courtesy of Yaron Shaham, Kahana Feld
    Mr. Shaham may be contacted at yshaham@kahanafeld.com