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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
    20 Hartford Rd Suite 18
    Salem, CT 06420

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    110 Brook St
    Torrington, CT 06790

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    Building Expert News and Information
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    Hurricane Damage Not Covered for Home Owner Not Named in Policy

    Mitsui Fudosan Said to Consider Rebuilding Tilted Apartments

    2016 Hawaii Legislature Enacts Five Insurance-Related Bills

    A Court-Side Seat: Appeals and Agency Developments at the Close of 2020

    The Risk of A Fixed Price Contract Is The Market

    The Year 2010 In Review: Design And Construction Defects Litigation

    Defect Claims Called “Witch Hunt”

    Common Law Indemnification - A Primer

    Texas Supreme Court Authorizes Exception to the "Eight-Corners" Rule

    Recent Developments Involving Cedell v. Farmers Insurance Company of Washington

    Policy Lanuage Expressly Prohibits Replacement of Undamaged Material to Match Damaged Material

    Beyond the Disneyland Resort: Museums

    Improperly Installed Flanges Are Impaired Property

    Viewpoint: Firms Should Begin to Analyze Lessons Learned in 2020

    Who Would Face Liability For Oroville Dam Management: Brett Moore Authors Law360 Article

    Balfour in Talks With Carillion About $5 Billion Merger

    Relying Upon Improper Exclusion to Deny Coverage Allows Bad Faith Claim to Survive Summary Judgment

    Construction Defect Coverage Barred Under Business Risk Exclusion in Colorado

    Falling Tree Causing Three Injuries/Deaths Is One Occurrence

    Late Filing Contractor Barred from Involving Subcontractors in Construction Defect Claim

    Denver Airport's Renovator Uncovers Potential Snag

    Candis Jones Named “On the Rise” by Daily Report's Georgia Law Awards

    Home Prices in 20 U.S. Cities Rise Most Since February 2006

    Insurance Law Alert: Ambiguous Producer Agreement Makes Agent-Broker Status a Jury Question

    Keep Your Construction Claims Alive in Crazy Economic Times

    Empowering Success: The Advantages of Female Attorneys in Construction Defect Law

    Courthouse Reporter Series: Louisiana Supreme Court Holds Architect Has No Duty to Safeguard Third Parties Against Injury, Regardless of Knowledge of Dangerous Conditions on the Project

    AB 1701 – General Contractor Liability for Subcontractors’ Unpaid Wages

    Construction Law Client Alert: California’s Right to Repair Act (SB 800) Takes Another Hit, Then Fights Back

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    The Expansion of Potential Liability of Construction Managers and Consultants

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    Insured's Testimony On Expectation of Coverage Deemed Harmless

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    Punchlist: The News We Didn’t Quite Get To – May 2016

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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.

    Building Expert News & Info
    Fairfield, Connecticut

    Colorado Passes Compromise Bill on Construction Defects

    May 03, 2017 —
    After four failed attempts, Colorado legislators have finally reached a compromise on construction defect legislation. This afternoon, HB17-1279 gained unanimous approval from the House Committee on State, Veterans, and Military Affairs. The bill is expected to pass both chambers easily and be signed into law by Governor John Hickenlooper. Proponents say that a bill is needed spur more condominium construction in the state. They contend that homebuilders have been reluctant to construct multifamily projects in recent years based on a perceived fear that small groups of homeowners can file lawsuits in the name of their community associations without adequate the consent of other members. A 2013 study found that quality control and insurance costs only reduce homebuilder profits by a small amount, but concerns about litigation have nevertheless prompted some construction professionals to focus on constructing apartments and other products. Reprinted courtesy of Jesse Howard Witt, Acerbic Witt Mr. Witt may be contacted at www.witt.law Read the full story... Read the court decision
    Read the full story...
    Reprinted courtesy of

    NYC Developer Embraces Religion in Search for Condo Sites

    October 15, 2014 —
    Extell Development Co., the New York builder that set off a luxury residential construction boom with its One57 project, is expanding its reach on Manhattan’s west side with a pending purchase of a synagogue and a plan to redevelop a Baptist church. Extell is in advanced talks to buy the Congregation Habonim synagogue at 44 W. 66th St. in a deal valued at $75 million, with plans to build condominiums on the site, according to documents the synagogue filed in New York State Supreme Court seeking permission for a sale. Extell also is negotiating with Calvary Baptist Church for a potential project at its 123 W. 57th St. site, on the same block as One57, the church’s 2014 annual report shows. Religious institutions across New York are pursuing real estate sales as land prices escalate. Manhattan development sites sold for an average of $657 a square foot in the third quarter, up 29 percent from a year earlier and a record for the period, Massey Knakal Realty Services said this month. Three purchases completed in the quarter were for more than $1,000 a square foot, the firm’s data show. Read the court decision
    Read the full story...
    Reprinted courtesy of Oshrat Carmiel, Bloomberg
    Ms. Carmiel may be contacted at ocarmiel1@bloomberg.net

    Appraisal Process Analyzed

    August 19, 2015 —
    The California Court of Appeal offered a primer in the appraisal process in reversing the trial court's confirmation of the appraisal award. Lee v. California Capital Ins. Co., 2015 Cal. App. LEXIS 530 (Cal. Ct. App. June 18, 2015). A fire damaged an apartment building owned by the insured. The fire started in unit 3 on the ground floor. The insurer argued the fire did not extend beyond unit 3. The insured claimed that the fire damaged six of the 12 apartments with fire or smoke. The insured's public adjuster submitted a claim to the insurer that exceeded $800,000. The statement of loss included costs for cleaning, asbestos abatement, reconstruction of affected apartments, and loss of rent. The public adjuster said the loss consisted of burn damage to unit 3 and some damage to the "common" walls located between the apartments on the two floors above unit 3. All of the interior rooms of five apartments other than unit 3 would need to be completely dismantled and then replaced. Read the court decision
    Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    Ambiguity Kills in Construction Contracting

    February 15, 2018 —
    Well, I’m back and hope to have a more consistent publishing schedule moving forward. I appreciate the continued readership through what has been a busy time for my solo construction practice over the last couple of months. Now, back to our program. . . Here at Construction Law Musings, I have often beaten the drum of a solid contract that leaves as little as possible to chance or the dreaded “grey areas” where we construction lawyers like to make money. An example of the issues that can arise from ambiguity can be found in a case from 2017 in the Western District of Virginia, W.C. English, Inc. v. Rummel, Klepper & Kahl, LLP et al Read the court decision
    Read the full story...
    Reprinted courtesy of Christopher G. Hill – The Law Officeof Christopher G. Hill, PC

    Construction Goes Green in Orange County

    December 04, 2013 —
    Construction has completed on ParkLanding, which is the first residential project in Orange County with a green roof. Developed in partnership with the City of Buena Park Redevelopment Agency, the project replaces an abandoned 2-acre site with affordable apartments. The design was done by Newport Beach-based Newman Garrison + Partners. During the design process, attention was paid to sustainable element, including better performing insulation, and more efficient HVAC, electrical, and plumbing systems. The development was designed with the intention of achieving a LEED Gold rating. Read the court decision
    Read the full story...
    Reprinted courtesy of

    In One of the First Civil Jury Trials to Proceed Live in Los Angeles Superior Court During Covid, Aneta Freeman Successfully Prevailed on Behalf of our Client and Obtained a Directed Verdict and Non-Suit

    July 05, 2021 —
    In one of the first civil jury trials to proceed live in Los Angeles Superior Court during Covid, Aneta Freeman obtained a rare directed verdict and nonsuit in a complex, high exposure action, after seven days of trial. The dismissal was obtained after the parties rested after the liability phase of the bifurcated trial. Ms. Freeman represented a general contractor in an action in which Plaintiff alleged that the general contractor and the County of Los Angeles (which was dismissed earlier on statutory immunity grounds) created a dangerous condition when they allegedly allowed mosquitos to breed in 2015 during construction at a flood retention basin in Marina Del Rey. Plaintiff contracted West Nile Virus, and subsequently developed myasthenia gravis and a myriad of other conditions and ailments. Plaintiff relied heavily on a 2015 report from the Los Angeles West Vector Control District which suggested that the construction was the source of mosquitos which resulted in a “cluster” of West Nile Virus cases in the Marina Del Rey and surrounding areas. In pretrial motions, Ms. Freeman successfully excluded that report, opinion testimony from the vector control former executive director, narrowed the scope of plaintiff’s entomologist testimony, and excluded Brad Avrit from testifying for the Plaintiff on construction standard of care. The matter proceeded with a stipulated a 10 person jury, and all participants socially distanced and masked throughout the trial. Witnesses appeared live, with the exception of Plaintiff’s entomologist, portions of whose video deposition were played. Following seven days of trial after both parties rested, Judge Mark Young granted the general contractor’s nonsuit and also, in the alternative, a directed a verdict for our client. Plaintiff had demanded $10,000,000 of the County and the general contractor globally prior to trial, and $5,000,000 from the general contractor. The general contractor issued two CCP 998s, which were ignored by Plaintiff. Read the court decision
    Read the full story...
    Reprinted courtesy of Aneta B. Freeman, Chapman Glucksman Dean & Roeb
    Ms. Freeman may be contacted at afreeman@cgdrlaw.com

    LA Metro To Pay Kiewit $297.8M Settlement on Freeway Job

    December 08, 2016 —
    The Los Angeles County Metropolitan Transportation Authority (LA Metro) has reached an agreement with Kiewit Corp. and will pay the contractor $297.8 million for project change orders on the Interstate 405-Sepulveda Pass Widening Project, in Los Angeles. Read the court decision
    Read the full story...
    Reprinted courtesy of Greg Aragon, Engineering News-Record
    ENR may be contacted at ENR.com@bnpmedia.com

    It Was a Wild Week for Just About Everyone. Ok, Make that Everyone.

    April 06, 2020 —
    It was a crazy week last week as the number of coronavirus cases in the United States jumped to 32,783 cases as of Sunday, from 3,680 cases, just a week before. In an attempt to “flatten the curve” and help those impacted by the virus, numerous federal, state, and local orders were issued, including orders requiring that residents “shelter in place.” For businesses impacted by the “shelter in place” orders, which, in California, means virtually every business in the state following Governor Newsom’s state-wide “shelter in place” order, there’s been confusion as to who can and can’t continue to work under the orders including among contractors and project owners. Although things have been changing, sometimes daily, here’s what you need to know about the “shelter in place” orders: The Local “Shelter In Place” Orders On Monday, March 16, 2020, six Bay Area counties, and the City of Berkeley, issued “shelter in place” orders requiring that residents in those counties and city shelter in place except for “Essential Activities,” if performing “Essential Governmental Functions,” or if operating “Essential Businesses.” Read the court decision
    Read the full story...
    Reprinted courtesy of Garret Murai, Nomos LLP
    Mr. Murai may be contacted at gmurai@nomosllp.com