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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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    Local # 0720
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    Rocky Hill, CT 06067

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    Local # 0755
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    Local # 0710
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    Building Expert News and Information
    For Fairfield Connecticut


    Breaking The Ice: A Policyholder's Guide to Insurance Coverage for Texas Winter Storm Uri Claims

    Sioux City Building Owners Sue Architect over Renovation Costs

    Congress Considers Pandemic Risk Insurance Act to Address COVID-19 Business Interruptions Losses

    Loaded Boom of Burning Tower Crane Collapses in Manhattan, Injuring Six

    Will They Blow It Up?

    Don’t Forget to Mediate the Small Stuff

    Don’t Spoil Me: Oklahoma District Court Rules Against Spoliation Sanctions

    Rejection’s a Bear- Particularly in Construction

    Lewis Brisbois’ Houston Office Selected as a 2020 Top Workplace by the Houston Chronicle

    New NEPA Rule Restores Added Infrastructure Project Scrutiny

    Angels Among Us

    Senate Bill 15-091 Passes Out of the Senate State, Veterans & Military Affairs Committee

    Construction Needs Collaborative Planning

    Cuba: Construction Boom Potential for U.S. Construction Companies and Equipment Manufacturers?

    Significant Victory for the Building Industry: Liberty Mutual is Rejected Once Again, This Time by the Third Appellate District in Holding SB800 is the Exclusive Remedy

    EO or Uh-Oh: Biden’s Executive Order Requiring Project Labor Agreements on Federal Construction Projects

    Show Me the Money: The Good Faith Dispute Exception to Prompt Payment Penalties

    California insured’s duty to cooperate and insurer’s right to select defense counsel

    Have the Feds Taken Over Arbitration?

    Professional Services Exclusion in CGL Policies

    Couple Sues Attorney over Construction Defect Case, Loses

    White House’s New Draft Guidance Limiting NEPA Review of Greenhouse Gas Impacts Is Not So New or Limiting

    Ten ACS Lawyers Recognized as Super Lawyers or Rising Stars

    John Aho: Engineer Pushed for Seismic Safety in Alaska Ahead of 2018 Earthquake

    Conflicting Exclusions Result in Duty to Defend

    Seeking Better Peer Reviews After the FIU Bridge Collapse

    Lakewood Introduced City Ordinance to Battle Colorado’s CD Law

    Another Reminder that Contracts are Powerful in Virginia

    The Unthinkable Has Happened. How Should Contractors Respond?

    Harrisburg Sought Support Before Ruinous Incinerator Retrofit

    How U.S. Design and Architecture Firms Can Profit from the Chinese Market and Avoid Pitfalls

    Rich NYC Suburbs Fight Housing Plan They Say Will ‘Destroy’ Them

    The Roads to Justice: Building New Bridges

    Building the Secondary Market for Reclaimed Building Materials

    Blue Gold: Critical Water for Critical Energy Materials

    From Both Sides Now: Looking at Contracts Through a Post-Pandemic Lens

    City Covered From Lawsuits Filed After Hurricane-Damaged Dwellings Demolished

    Insurer Sued for Altering Policies after Claim

    Connecticut Supreme Court Finds Duty to Defend When Case Law is Uncertain

    Bad Faith Claim for Investigation Fails

    Developer Pre-Conditions in CC&Rs Limiting Ability of HOA to Make Construction Defect Claims, Found Unenforceable

    'Right to Repair' and Fixing Equipment in a Digital Age

    Real Estate & Construction News Roundup (05/23/23) – Distressed Prices, Carbon Removal and Climate Change

    PFAS and the Challenge of Cleaning Up “Forever”

    Selected Environmental Actions Posted on the Fall 2018 Unified Agenda of Regulatory and Deregulator Actions

    Repair Cost Exceeding Actual Cash Value Does Not Establish “Total Loss” Under Fire Insurance Policy

    It Pays to Review the ‘Review the Contract Documents’ Clause Before You Sign the Contract

    Green Buildings Could Lead to Liabilities

    Choice of Law Provisions in Construction Contracts

    Court Denies Insured's Motion to Dismiss Complaint Seeking to Compel Appraisal
    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

    Insolvency of Primary Carrier Does Not Invoke Excess Coverage

    January 06, 2016 —
    The insured failed to present any argument for excess coverage after the insolvency of the primary carrier. Canal Ins. Co. v. Montello, Inc., 2015 U.S. App. LEXIS 20625 (10th Cir. Nov. 27, 2015). Montello distributed an oil drill containing asbestos between 1966 and 1985. Montello was sued by individuals claiming injuries due to exposure to the asbestos. Montello was insured by The Home Insurance Company from March 1975 to March 1984. In 2003, Home was declared insolvent. Home did not pay any claims for bodily injury on Montello's behalf. 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

    Construction Law Alert: Appellate Court Lets Broad General Release Stand in SB 800 Case

    February 26, 2015 —
    Under California's SB 800 "Right to Repair Act," a builder may obtain a "reasonable release" to resolve a construction defect claim in exchange for a cash payment. So, what's a "reasonable release" under SB 800? This question was answered by the Second Appellate District in the case of Belasco v. Wells (filed 2/17/2015, No. B254525). Plaintiff David Belasco ("Plaintiff") purchased a newly constructed residence in 2004 from the builder defendant Gary Loren Wells ("Wells"). In 2006, Plaintiff filed a complaint against Wells with the Contractors' State License Board (the "Board") regarding certain alleged construction defects. The parties settled the 2006 action through written agreement that required Wells to pay Plaintiff $25,000 in consideration for Plaintiff executing a release and a Civil Code §1524 waiver of all known or unknown claims. In 2012, Plaintiff filed a subsequent action against Wells and Wells’ surety, American Contractors Indemnity Company ("American Contractors") (collectively "Defendants"), alleging a defect in the roof that was discovered by Plaintiff in 2011. Reprinted courtesy of Steven M. Cvitanovic, Haight Brown & Bonesteel LLP and Colin T. Murphy, Haight Brown & Bonesteel LLP Mr. Cvitanovic may be contacted at scvitanovic@hbblaw.com Mr. Murphy may be contacted at cmurphy@hbblaw.com Read the court decision
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    Reprinted courtesy of

    Indiana Appellate Court Allows Third-Party Spoliation Claim to Proceed

    August 01, 2023 —
    In Safeco Insurance Company of Indiana as Subrogee of Ramona Smith v. Blue Sky Innovation Group, Inc., et al, No. 22A-CT-1924, 2023 Ind. App. LEXIS 157, the Court of Appeals of Indiana (Appellate Court) reversed a trial court ruling that granted the motion to dismiss filed by Michaelis Corporation (Michaelis), a restoration company. The Appellate Court ruled that the trial court erred in dismissing the plaintiff’s spoliation and negligence claims against Michaelis, who discarded evidence relating to the cause of the fire at issue. The plaintiff’s insured owned a home in Indianapolis, Indiana. On Halloween night in 2019, a fire occurred at the property. The plaintiff’s representatives preliminarily determined that the fire may have been caused by a digital dehydrator within the kitchen. Michaelis had a representative present at the site inspection and was allegedly told to preserve the kitchen area. That area was taped off with “caution” tape. Michaelis also placed a tarp over the kitchen to prevent weather damage. Despite the instructions and precautions, Michaelis demolished the kitchen and discarded the dehydrator along with other fire debris. Read the court decision
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    Reprinted courtesy of Ryan Bennett, White and Williams LLP
    Mr. Bennett may be contacted at bennettr@whiteandwilliams.com

    Investigation Continues on Children Drowning at Construction Site

    August 13, 2014 —
    Two months ago, in Hobart, Illinois, two young boys (brothers) “drowned in an unsecured, excavated pit that filled with water” on a site owned by Goldschmidt Construction Services LLC of Hobart. The Post-Tribune reported that “Police Chief Richard Zormier said the department is waiting on reports from other agencies as it continues to investigate circumstances surrounding” the accident. “We want to be thorough. The young boys deserve it. Their family deserves it,” Zormier told the Post-Tribune. The family of the victims has filed a $60 million lawsuit against Goldschmidt Construction. Read the court decision
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    Reprinted courtesy of

    “Bound by the Bond”

    September 02, 2024 —
    A New York trial court granted judgment in favor of a performance bond surety on a construction project, based upon the failure of the claiming party to abide by the terms of the bond. The “AIA Document A312” bond form – described by the court (quoting surety law authority) to be “one of the clearest, most definitive, and widely used type of traditional common law ‘performance bonds’ in private construction” – contains various procedures which must be honored as a “condition precedent to an action to recover” on the bond/against the surety. One of those prerequisites is a “declaration of default” concerning the contractor principal (here, a subcontractor). The case involved the construction of an 85-story skyscraper in midtown Manhattan, and the performance of the subcontract for the building’s superstructure. The bonded contract was at a value of approximately $25,000,000 and obligated the sub to provide a performance bond “in a form similar to the [A312 bond],” and which was otherwise satisfactory to the obligee/construction manager. Read the court decision
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    Reprinted courtesy of Daniel Lund III, Phelps
    Mr. Lund may be contacted at daniel.lund@phelps.com

    Firm Seeks to Squash Subpoena in Coverage CD Case

    May 20, 2015 —
    According to the New Jersey Law Journal, the insurance firm Carroll McNulty & Kull was “subpoenaed in connection with an out-of-state coverage dispute stemming from construction litigation that yielded a $55 million verdict," and "is fighting a demand that it hand over its file.” Carroll McNulty & Kull told the New Jersey Law Journal that “the subpoena ‘is a transparent attempt to obtain documents ordinarily protected by the attorney-client privilege and work product doctrine.” The New Jersey Law Journal reported that the subpoena “seeks ‘your entire file for the time period beginning Oct. 1, 2012, and ending June 19, 2014, pertaining in any manner to insurance policies issued by Crum and Forster Specialty Insurance Company.’ Included in the demand are ‘all handwritten or electronically stored notes; electronic and other communications,’ ‘emails and all attachments to those emails, time records, and bills,’ and ‘any documents and materials reviewed.’” U.S. District Judge Peter Sheridan has been assigned the motion to quash. Read the court decision
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    Reprinted courtesy of

    No Duty To Defend Additional Insured When Bodily Injury Not Caused by Insured

    July 26, 2017 —
    The court found there was no duty to defend a suit for bodily injury against the additional insured where the injury was not caused by the insured. Consigli Constr. Co. v. Travelers Indem. Co., 2017 U.S. Dist. LEXIS 95339 (D. Mass. June 21, 2017). Consigli was the general contractor for a renovation project at a high school. Among the subcontractors was American Environmental, Inc., who was responsible for demolishing concrete floors within the existing structures, and Costa Brothers, who did the masonry work. Wellington M. Ely was an employee of Costa Brothers and worked as a mason on the project. Costa Brothers had a CGL policy with Travelers. As a subcontractor, Costa Brothers agreed to name Consigli as an additional insured on its policy. 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

    Scientists Are Trying to Make California Forests More Fire Resilient

    June 21, 2021 —
    To the untrained eye, the scrubby slope off Wentworth Springs Road in the Eldorado National Forest looks like any other patch of Sierra Nevada ridgetop. Tufted in native shrubs and flecked by darkened pine stumps, it’s part of a 30,000-acre swath of land that was deforested in 2014, when the King Fire tore through 17 miles of canyon in less than six hours. But Dana Walsh can see what’s unique. On a recent Sunday morning, the USDA Forest Service forester bent over a white flag pinned into the ground to mark a barely-visible seedling. As she points to other seemingly camouflaged baby conifers nearby, what starts to emerge is a subtle pattern she calls cluster planting. “It’s tough to make out unless you know to look for it,” she said. “But once you see a tree, then you can spot the five or six planted near it. Then there’s nothing. Then there’s another five or six. Then there’s nothing.” Read the court decision
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    Reprinted courtesy of Laura Bliss, Bloomberg