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    Connecticut Builders Right To Repair Current Law Summary:

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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


    A Behind-the-Scenes Look at Substitution Hearings Under California’s Listing Law

    Dispute Waged Over Design of San Francisco Subway Job

    Embattled SNC-Lavalin Files Ethics Appeal, Realigns Structure

    Concrete Worker Wins Lawsuit and Settles with Other Defendant

    ARUP, Rethinking Green Infrastructure

    Ensuing Loss Provision Does Not Salvage Coverage

    Contractor’s Claim for Interest on Subcontractor’s Defective Work Claim Gains Mixed Results

    Time is of the Essence, Even When the Contract Doesn’t Say So

    Don MacGregor To Speak at 2011 West Coast Casualty Construction Defect Seminar

    It’s All a Matter of [Statutory] Construction: Supreme Court Narrowly Interprets the Good Faith Dispute Exception to Prompt Payment Requirements in United Riggers & Erectors, Inc. v. Coast Iron & Steel Co.

    What is a Personal Injury?

    Wildfire Risk Scores and Insurance Placement: What You Should Know

    Ethical Limits on Preparing a Witness for Deposition or Trial

    With Historic Removal of Four Dams, Klamath River Flows Again Unhindered

    Newmeyer & Dillion Attorney Alan Packer Selected to the 2017 Northern California Super Lawyers List

    Housing Inflation Begins to Rise

    Eleventh Circuit Holds that EPA Superfund Remedial Actions are Usually Entitled to the FTCA “Discretionary Function” Exemption

    Steps to Defending against Construction Defect Lawsuits

    Traub Lieberman Chair Emeritus Awarded the 2022 Vince Donohue Award by the International Association of Claim Professionals

    Fatal Crane Collapse in Seattle Prompts Questions About Disassembly Procedures

    Reminder: Just Being Incorporated Isn’t Enough

    Connecticut Court Holds Unresolved Coverage Issues Makes Appraisal Premature

    In Personal Injury Actions, Prejudgment Interest on Costs Not Recoverable

    New York Governor Expected to Sign Legislation Greatly Expanding Recoverable Damages in Wrongful Death Actions

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    Funding the Self-Insured Retention (SIR)

    10 Answers to Those Nagging Mechanics Lien Questions Keeping You Up at Night. Kind of

    Traub Lieberman Attorneys Win Motion for Judgment on the Pleadings In Favor of Insurer

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    The Devil is in the Details: The Texas Construction Trust Fund Pitfalls Residential Remodelers (and General Contractors) Should Avoid

    To Bee or Not to Bee - CA Court Finds Denial of Coverage Based on Exclusion was Premature Where Facts had not been Judicially Determined

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    California Appellate Court Holds “Minimal Causal Connection” Satisfies Causation Requirement in All Risk Policies

    Connecticut Appellate Court Breaks New Ground on Policy Exhaustion
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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. Leveraging 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

    Sanibel Causeway Repair: Contractors Flooded Site With Crews, Resources

    November 15, 2022 —
    After Hurricane Ian slammed into southwest Florida, washing out the Sanibel Causeway and cutting off thousands of Sanibel Island residents, another flood hit the area: construction crews and resources that swarmed the area to rebuild two roadway sections and five washed-out approaches to restore access. Reprinted courtesy of Derek Lacey, Engineering News-Record Mr. Lacey may be contacted at laceyd@enr.com Read the full story... Read the court decision
    Read the full story...
    Reprinted courtesy of

    Idaho District Court Affirms Its Role as the Gatekeeper of Expert Testimony

    March 15, 2021 —
    Many subrogation claims involving fire losses rely heavily on expert testimony. Expert testimony is admissible under Federal Rule of Evidence 702 if it is both relevant and reliable. In Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), whose standard has been incorporated into Federal Rule of Evidence 702, the Supreme Court instructed federal trial courts to act as a “gatekeeper” of expert testimony, giving them the power to exclude expert testimony that is not supported by sufficient evidence. In Maria Fernanda Elosu and Robert Luis Brace v. Middlefork Ranch Incorporated, Civil Case No. 1:19-cv-00267-DCN, 2021 U.S. Dist. LEXIS 14449 (D. Idaho Jan. 22, 2021) (Brace), the United States District Court for the District of Idaho exercised its gatekeeper role when it granted in part and denied in part the defendant’s motion to exclude expert testimony pursuant to Daubert and Federal Rule of Evidence 702. Brace, involved a fire at a vacation cabin in McCall, Idaho. The cabin, owned by Maria Elosu (Elosu) and Robert Brace (Brace and collectively with Elosu, Plaintiffs) was part of a homeowner’s association called Middlefork Ranch, Incorporated (MFR). The cabin had a “wrap around” deck with a propane-fired refrigerator on the north side. On the day before the fire, Brace stained the deck using an oil-based stain. That night, Elosu smoked cigarettes on the deck. The next morning, Plaintiffs used rags to clean up excess oil from the deck and an MFR employee changed the propane on the refrigerator and relit the pilot light. At 4:00 p.m., a fire started in or around the cabin while no one was home. The fire was discovered by a group of contractors who testified that the fire was isolated to the east side of the cabin when they first arrived. Importantly, one witness testified that there was no fire and no flames around the propane-fired refrigerator. The fire destroyed the cabin and the contents within. Read the court decision
    Read the full story...
    Reprinted courtesy of Melissa Kenney, White and Williams LLP
    Ms. Kenney may be contacted at kenneyme@whiteandwilliams.com

    2024 Construction Law Update

    December 23, 2023 —
    We would like to wish you and yours a happy holiday season as we approach 2024. The first half of the 2023-2024 legislative session saw the introduction of 3,028 bills, which, according to legislative observers, are the most bills introduced in a session in more than a decade, perhaps reflecting the fact that California has a record number of new legislators with over a quarter taking the oath of office for the first time. Of these bills, Governor Newsom signed nearly 400 into law including several impacting the construction industry related to climate change and housing affordability. Read the court decision
    Read the full story...
    Reprinted courtesy of Garret Murai, Nomos LLP
    Mr. Murai may be contacted at gmurai@nomosllp.com

    UPDATE - McMillin Albany LLC v. Superior Court

    June 05, 2017 —
    The matter has been fully briefed since last year and the construction industry anxiously awaits the California Supreme Court's highly anticipated decision regarding McMillin Albany LLC v. Superior Court (2015) 239 Cal.App.4th 1132. Numerous amicus briefs have also been filed including one by the Association of Southern California Defense Counsel, with the immediate past president of the organization, CGDRB's Glenn T. Barger, Esq., listed as the attorney of record. The Supreme Court will consider the issue of whether the Right to Repair Act (SB800) is the exclusive remedy for all defect claims arising out of new residential construction sold on or after January 1, 2003, thereby resolving the split of authority presented by the Fifth Appellate District's holding in McMillin Albany, which outright rejected the Fourth Appellate District's holding in Liberty Mutual Insurance Co. v. Brookfield Crystal Cove LLC (2013) 219 Cal.App.4th 98, on this particular issue. Oral argument is still pending and CGDRB will continue to closely monitor the progress of this case. Stay tuned. Reprinted courtesy of Chapman Glucksman Dean Roeb & Barger attorneys Richard H. Glucksman, Glenn T. Barger and David A. Napper Mr. Glucksman may be contacted at rglucksman@cgdrblaw.com Mr. Barger may be contacted at gbarger@cgdrblaw.com Mr. Napper may be contacted at dnapper@cgdrblaw.com Read the court decision
    Read the full story...
    Reprinted courtesy of

    New York’s Second Department Holds That Carrier Must Pay Judgment Obtained by Plaintiff as Carrier Did Not Meet Burden to Prove Willful Non-Cooperation

    November 23, 2020 —
    In the recent case of DeLuca v. RLI Insurance Company, 2020 WL 5931054 (October 7, 2020), the Supreme Court, Appellate Division, Second Department held that RLI had a duty to pay a judgment obtained by an underlying plaintiff against RLI’s insured, MLSC. The underlying plaintiff brought the action directly against the carrier after obtaining a judgment against MLSC, and when the judgment remained unsatisfied, serving RLI with the judgment. As an initial matter, the court found that the direct action by the plaintiff was proper under New York Insurance Law 3420(a), which allows for an injured plaintiff to maintain a direct action against a carrier if a judgment against that carrier’s insured remains unsatisfied for a period of 30 days and the carrier is served with that judgment. In that event, the plaintiff steps into the shoes of the insured and is entitled to the rights of the insured (and is also subject to the carrier’s coverage defenses). Reprinted courtesy of Craig Rokuson, Traub Lieberman Mr. Rokuson may be contacted at crokuson@tlsslaw.com Read the full story... Read the court decision
    Read the full story...
    Reprinted courtesy of

    Oregon Condo Owners Make Construction Defect Claim

    January 13, 2014 —
    Residents of two condominiums in Florence, Oregon have filed suits alleging that construction defects have led to water intrusion and damage. The two condominium projects were built by separate developers. Each association has brought its own lawsuit, according to an article in the Register-Guard. The Bridgeport Landing condominium owners have sued CJ Cable LLC for $2.5 million. Cindy Cable said of lawsuit, “I’ve done everything I could do to get this resolved, and I still get sued.” She said that “the only way to get it corrected is with a lawsuit.” Meanwhile, residents of the Stillwater Condominiums have sued Thomas Hornback Construction for $2.1 million. Hornback is reported to have denied the allegations made by the Stillwater owners, but says that any problems would be due to subcontractors or failure of the owners to maintain the buildings. Read the court decision
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    Reprinted courtesy of

    Lost Rental Income not a Construction Defect

    November 27, 2013 —
    A judge in Colorado has ruled that although the homeowner’s policy excluded construction defects from coverage, lost rental income and the cost of deck repair involved in fixing a defective drainage system were. Read the court decision
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    Reprinted courtesy of

    Sweat the Small Stuff – Don’t Overlook These Three (3) Clauses When Negotiating Your Construction Contract

    April 08, 2024 —
    Reviewing and understanding the terms of your construction contract before signing on the dotted line (ideally with counsel involved) is an obvious best practice – whether you are owner, general contractor, design-professional or down-tier subcontractor or supplier. Typically, during this review process, parties pay closest attention to terms relating to price, scope, schedule, insurance, indemnification, and damages. And rightfully so, as these are just some of the most fundamental and important clauses of any construction contract. But during this review and understanding process, parties often overlook and fail to fully review and understand several notably important contract provisions (other than the examples above) which can have just as significant an impact on the project and even unintended consequences once construction starts. This article discusses three (3) of these often-overlooked provisions which should also be carefully reviewed to ensure the project runs smoothly and to avoid unintended consequences or even disputes (and litigation) during construction:
    1. Incorporation by reference clause;
    2. Order of precedence or higher standard clause; and
    3. Choice of law clause.
    Read the court decision
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    Reprinted courtesy of Bill Shaughnessy, Jones Walker LLP (ConsensusDocs)
    Mr. Shaughnessy may be contacted at bshaughnessy@joneswalker.com