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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


    Can an Owner Preemptively Avoid a Mechanics Lien?

    “Incidental” Versus “Direct” Third Party Beneficiaries Under Insurance Policies in Which a Party is Not an Additional Insured

    CGL Insurer’s Duty to Defend Insured During Pre-Suit 558 Process: Maybe?

    2023’s Bank Failures: What Contractors, Material Suppliers and Equipment Lessors Can Do to Protect Themselves

    Maximizing Contractual Indemnity Rights: Insuring the Indemnitor's Obligation

    China Bans Tallest Skyscrapers Following Safety Concerns

    Hawaii Federal District Court Rejects Bad Faith Claim

    Appraisal Panel Can Determine Causation of Loss under Ohio Law

    Housing Starts in U.S. Beat 1 Million Pace for Second Month

    Google Advances Green Goal With AES Deal for Carbon-Free Power

    ‘Hallelujah,’ House Finally Approves $1T Infrastructure Funding Package

    As Fracture Questions Remain, Team Raced to Save Mississippi River Bridge

    Jury Convicts Ciminelli, State Official in Bid-Rig Case

    Eighth Circuit Remands to Determine Applicability of Collapse Exclusion

    Paris ‘Locks of Love’ Overload Bridges, Threatening Structures

    Homeowner may pursue negligence claim for construction defect, Oregon Supreme Court holds

    Windstorm Exclusion Found Ambiguous

    Hake Law Attorneys Join National Law Firm Wilson Elser

    Preserving your Rights to Secure Payment on Construction Projects (with Examples)

    Heathrow Speeds New-Runway Spending Before Construction Approval

    Traub Lieberman Partner Adam Joffe Named to 2022 Emerging Lawyers List

    NY Court Holds Excess Liability Coverage Could Never be Triggered Where Employers’ Liability Policy Provided Unlimited Insurance Coverage

    Florida “Property Damage” caused by an “Occurrence” and “Your Work” Exclusion

    As Recovery Continues, Home Improvement Stores Make Sales

    Nevada HOA Criminal Investigation Moving Slowly

    Quick Note: Do Your Homework When it Comes to Selecting Your Arbitrator

    Contractor Not Liable for Flooding House

    Real Estate & Construction News Roundup (09/12/23) – Airbnb’s Future in New York City, MGM Resorts Suffer Cybersecurity Incident, and Insurance Costs Hitting Commercial Real Estate

    Mortgage Whistleblower Stands Alone as U.S. Won’t Join Lawsuit

    Home Prices Rose in Fewer U.S. Markets in Fourth Quarter

    California Federal Court Finds a Breach of Contract Exclusion in a CGL Policy Bars All Coverage for a Construction Defect Action

    Construction Termination Issues Part 5: What if You are the One that Wants to Quit?

    Federal Magistrate Judge Recommends Rescission of Policies

    Pallonji Mistry, Indian Billionaire Caught in Tata Feud, Dies at 93

    Georgia Court of Appeals Holds That Policyholder Can “Stack” the Limits of Each Primary Policy After Asbestos Claim

    More Regulations for Federal Contractors

    PSA: New COVID Vaccine ETS Issued by OSHA

    The Shifting Sands of Alternative Dispute Resolution

    Limitations on the Ability to Withdraw and De-Annex Property from a Common Interest Community

    New Jersey’s Governor Puts Construction Firms on Formal Notice of His Focus on Misclassification of Workers as Independent Contractors

    Colorado Drillers Show Sensitive Side to Woo Fracking Foes

    New Jersey Court Upholds Registration Requirement for Joint Ventures Bidding on Public Works Contracts

    S&P Near $1 Billion Mortgage Ratings Settlement With U.S.

    SB800 Is Now Optional to the Homeowner?

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

    Construction Defects as Occurrences, Better Decided in Law than in Courts

    Insurance Policies and Indemnity Provisions Are Not the Same

    Quick Note: Steps to Protect and Avoid the “Misappropriation” of a “Trade Secret”

    Storm Eunice Damage in U.K. Could Top £300 Million

    Litigation Roundup: “You Can’t Make Me Pay!”
    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. 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

    Alabama Limits Duty to Defend for Construction Defects

    October 10, 2013 —
    While supreme courts in several states have expanded what is covered under a commercial general liability policy, Alabama has bucked the trend. Martha P. Brown and David L. Brown discuss this in a post on the site of their firm, Nelson Levine de Luca & Hamilton. They note that in a recent case, Owners Insurance Company v. Jim Carr Homebuilders, “the court held that liability for defective construction resulting in water intrusion damage to otherwise properly constructed component parts is not covered under a general contractor’s commercial general liability (CGL) policy because such damages are not caused by an ‘occurrence.’” The background of Owners v. Jim Carr was that the work of the subcontractors was found not only to be defective, but responsible for damage to correctly performed work. The court held, however, that it was all part of the same project. The court “distinguished the present case from a situation where the insured’s work results in damages to other property outside the scope of the insured’s work,” which they noted could be covered under a CGL policy. Read the court decision
    Read the full story...
    Reprinted courtesy of

    BHA Attending the Construction Law Conference in San Antonio, Texas

    February 24, 2016 —
    Bert L. Howe & Associates, Inc. (BHA), will once again be joining with the State Bar of Texas, Construction Law Section as a sponsor and exhibit at the event on March 3 & 4, 2016, and is excited to announce that they will be sponsoring a raffle for a $100 Outdoor World gift card to be given away at the conference. Just stop by the BHA booth, and drop your card in the bowl for a chance to win. With offices in San Antonio and Houston, BHA offers the experience of over 20 years of service to carriers, defense counsel, and insurance professionals as designated experts in over 5,500 cases. BHA’s staff encompasses a broad range of licensed and credentialed experts in the areas of general contracting and specialty trades, as well as architects, civil and structural engineers, and has provided services on behalf of developers, general contractors and subcontractors across the state of Texas. BHA’s experience covers the full range of construction defect litigation, including single and multi-family residential properties (including high-rise), institutional buildings (schools, hospitals and government), commercial, and industrial claims. BHA also specializes in coverage, exposure, and delay claim analysis. Download the seminar brochure and register... Read the court decision
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    Reprinted courtesy of

    Courthouse Reporter Series: Nebraska Court of Appeals Vacates Arbitration Award for Misconduct

    November 18, 2024 —
    Vacating an arbitration award is often seen as an uphill battle. Indeed, the U.S. Supreme Court has stated that “courts may only vacate an arbitrator’s decision ‘only in very unusual circumstances.’” Oxford Health Plans, LLC v. Sutter, 569 U.S. 564, 568 (2013). The Federal Arbitration Act provides limited grounds to seek the vacatur of an arbitration award. In Lund-Ross Constructors v. Duke of Omaga, LLC, ___ N.W.3d ___, 33 Neb.App.73, the Nebraska Court of Appeals found that an arbitrator’s conduct warranted the partial vacatur of the award, which granted relief to a subcontractor who filed a counterclaim after the arbitration hearing had closed. Lund-Ross contracted with Duke of Omaha to build an apartment complex in Omaha. Lund-Ross, in turn, sub-contracted with A Raymond Plumbing. Following completion of the building, Owner withheld payment from Lund-Ross, who in turn, withheld payment from Raymond. Both Lund-Ross and Raymond filed mechanics liens and initiated suits; Raymond’s suit ultimately was dismissed for want of prosecution. Lund-Ross proceeded to arbitration with Owner, naming Raymond as a respondent. Raymond did not participate in the arbitration as a claimant at the time of the hearing. Read the court decision
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    Reprinted courtesy of Brendan J. Witry, Laurie & Brennan LLP
    Mr. Witry may be contacted at bwitry@lauriebrennan.com

    Living Not So Large: The sprawl of television shows about very small houses

    March 12, 2015 —
    Vince and Sam are newlywed twentysomethings who’ve been bunking with family for a year. Finally, they’ve saved up enough to buy a palace to call their own. Well, sort of: They want to shrink their footprint and expenses by living in a custom-built, 204-square-foot standalone house in southern New Jersey. It has to have room for gym equipment—they’re fitness buffs—and a study for Sam, who’s in medical school. Even Vince’s adorably headbanded mom isn’t sure how it will all fit. When Vince and Sam first see their new digs under construction, tall and narrow like a top-heavy garage, Vince admits they’re “freaking out on the inside.” So goes a standard episode of Tiny House Nation, the first of a half-dozen miniaturized real estate shows that have recently premiered. “We discovered that for millennials, there was an overriding social trend of extreme downsizing, and we wanted to dig deep into that,” says Gena McCarthy, executive producer of the show, which began airing last year after the Biography Channel morphed into the youth-focused FYI network. Last summer’s first season averaged 257,000 viewers per week, according to Nielsen; this season’s average viewership is up 77 percent, to 465,000. Read the court decision
    Read the full story...
    Reprinted courtesy of S Jhoanna Robledo, Bloomberg

    Claim for Collapse After Demolition of Building Fails

    January 09, 2023 —
    After several city citations and the eventual demolition of the insureds' apartment building, their claim for coverage based on collapse was unsuccessful. Barker v. AmGuard Ins. Co., 2022 U.S. Dist. LEXIS 202069 (W.D. Mo. Nov. 7, 2022). The plaintiffs purchased a three-story multi-family apartment building on March 9, 2009. Prior to the purchase, steel beams were installed in the basement along the east and south walls. By 2013, the south and east walls were leaning.  On March 13, 2017, the city building inspector observed "the foundation failing in several areas and deflection in the south wall." The building inspector issued a citation for a pubic nuisance in violation of the City Code. This was followed by several more citations against plaintiffs. The plaintiffs' inspector reported the basement walls were experiencing "extensive lateral deflections primarily due to the inadequate design of the basement walls."  Plaintiffs understood the issues to be "cosmetic.'" They had no work done on the property besides aesthetic upgrades. After additional citations were entered, the building was ordered demolished. Read the court decision
    Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    Nevada Bill Aims to Reduce Legal Fees For Construction Defect Practitioners

    March 21, 2011 —

    Assemblyman Ira Hansen and twelve additional members of Nevada’s Assembly are sponsoring Assembly Bill 285. AB 285 Revises provisions governing an award of attorney’s fees in causes of action for constructional defects. Existing law generally provides that a claimant may recover reasonable attorney’s fees as part of the claimant’s damages in a cause of action for constructional defects. (NRS 40.655)

    This bill removes this provision and instead authorizes a court to award reasonable attorney’s fees to a prevailing party involved in such a cause of action if an independent basis for the award exists pursuant to existing law which authorizes a court to award attorney’s fees in certain circumstances, or Rule 68 of the Nevada Rules of Civil Procedure, which provides for the payment of reasonable attorney’s fees by an offeree who rejects an offer and subsequently fails to obtain a more favorable judgment.

    In an AP report published in Business Week it is suggested that the target objective of legislators centers on what it refers to as Nevada’s "Rampant construction defect lawsuits".

    According to Business Week "The suits bring in hundreds of millions of dollars for lawyers and have put construction companies out of business. Hansen says fewer construction firms mean higher prices for Nevada consumers."

    Click Here To Read Full Text and Revisions of Assembly Bill 285

    Read the court decision
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    Reprinted courtesy of

    Top Five General Tips for All Construction Contracts

    October 26, 2020 —
    For this week’s Guest Post Friday here at Musings we welcome Spencer Wiegard. Spencer is a Partner with Gentry Locke Rakes & Moore, LLP. He is a member of the firm’s Construction Law and Commercial Litigation practice groups. Spencer focuses his practice in the areas of construction law and construction litigation. Spencer is a member of the Board of Governors for the Virginia State Bar Construction Law and Public Contracts Section, and a member of the Legislative Committee of the Associated General Contractors of Virginia and the Executive Committee for the Roanoke/SW Virginia District of the Associated General Contractors of Virginia. I would like to thank Chris for inviting me to author today’s guest post. Over the past few days, I have found myself wading through the terms and conditions of a lengthy and complicated construction contract, while at the same time aggressively negotiating for Houston house leveling cost readjustments. As I slogged through the legalese, I was reminded of a presentation that I gave earlier this year to the Roanoke District of the Virginia Associated General Contractors. The district’s executive committee asked me to speak to its members concerning the broad topic of “Construction Contracts 101.” At the beginning of my presentation, I passed along my top five general tips for all construction contracts. Although some of these tips may sound like common sense, I often encounter situations where these basic rules are violated by experienced contractors, subcontractors, suppliers and design professionals. My top five general tips for all construction contracts are:
    1. Reduce the terms of the agreement to writing.
      1. The written agreement should include all important and relevant information and terms. If it was important enough to discuss prior to signing the contract, it is important enough to include in the written contract;
      2. At a minimum, include who, what, when, where, how, and how much;
      3. Both parties should sign the written agreement; and
      4. Don’t ignore handwritten changes to the contract, as these changes may either mean that you don’t have a deal, or they may become part of the contract when you sign it.
      Read the court decision
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      Reprinted courtesy of The Law Office of Christopher G. Hill
      Mr. Hill may be contacted at chrisghill@constructionlawva.com

      CDJ’s #7 Topic of the Year: The Las Vegas Harmon Hotel Year-Long Demolition & Trial Begins

      December 31, 2014 —
      The 26-story tower in MGM’s $9 billion Las Vegas, Nevada CityCenter project, is being demolished piece by piece after a structural engineer reported that an earthquake of 7.7 could bring it down. While litigation began as early as 2010, the trial didn’t begin until October of 2014, and expectation is it will last through almost all of 2015 as well, according to Carri Geer Thevenot of the Las Vegas Review-Journal. Read the court decision
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      Reprinted courtesy of