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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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    Rocky Hill, CT 06067

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    Local # 0755
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    Building Expert News and Information
    For Fairfield Connecticut


    California to Require Disclosure of Construction Defect Claims

    What Do I Do With This Stuff? Dealing With Abandoned Property After Foreclosure

    NTSB Pittsburgh Bridge Probe Update Sheds Light on Collapse Sequence

    Gloria Gaynor Sues Contractor over Defective Deck Construction

    Congratulations to Partner Madeline Arcellana on Her Selection as a Top Rank Attorney in Nevada!

    The Looming Housing Crisis and Limited Government Relief—An Examination of the CDC Eviction Moratorium Two Months In

    When Does a Contractor Legally Abandon a Construction Project?

    Circuit Court Lacks Appellate Jurisdiction Over Order Compelling Appraisal

    Subrogation Waiver Unconscionable in Residential Fuel Delivery Contract

    Ohio Supreme Court Rules That Wrongful Death Claims Are Subject to the Four-Year Statute of Repose for Medical Claims

    The “Ugly” Property Next Door is Ruining My Property Value

    The Coronavirus, Zoom Meetings and Now a CCPA Class Action

    A Subcontractor’s Perspective On California’s Recent Changes to Indemnity Provisions

    Court Finds Duty To Defend Environmental Claim, But Defense Limited to $100,000

    3D Printing: A New Era in Concrete Construction

    Five-Year Peak for Available Construction Jobs

    Construction Cybercrime Is On the Rise

    Maximizing Contractual Indemnity Rights: Components of an Effective Provision

    Loss Caused by Theft, Continuous Water Discharge Not Covered

    US Court Questions 102-Mile Transmission Project Over River Crossing

    Surplus Lines Carriers Cannot Compel Arbitration in Louisiana

    Are Modern Buildings Silently Killing Us?

    Elon Musk's Boring Co. Is Feuding With Texas Over a Driveway

    Commonwealth Court Holds That Award of Attorney's Fees and Penalties is Mandatory Under the Procurement Code Upon a Finding of Bad Faith

    Retrofitting Buildings Is the Unsexy Climate Fix the World Needs

    Key Amendments to Insurance Claims-Handling Regulations in Puerto Rico

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    New Case Alert: Oregon Supreme Court Prohibits Insurer’s Attempt to Relitigate Insured’s Liability

    Building Materials Price Increase Clause for Contractors and Subcontractors – Three Options

    How Machine Learning Can Help with Urban Development

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    Repair of Fractured Girders Complete at Shuttered Salesforce Transit Center

    Consequential Damages From Subcontractor's Faulty Work Constitutes "Property Damage" and An "Occurrence"

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

    Duty to Defend Negligent Misrepresentation Claim

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    Pre-Covid Construction Contracts Unworkable as Costs Surge, Webuild Says

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

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    The Fairfield, Connecticut Building Expert Group is comprised from a number of credentialed construction professionals possessing extensive trial support experience relevant to construction defect and claims matters. Leveraging from more than 25 years experience, BHA provides construction related trial support and expert services to the nation's most recognized construction litigation practitioners, Fortune 500 builders, commercial general liability carriers, owners, construction practice groups, and a variety of state and local government agencies.

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    Fairfield, Connecticut

    New Member Added to Seattle Law Firm Williams Kastner

    May 21, 2014 —
    Attorney Todd W. Blischke has become a member of Seattle, Washington’s Williams Kastner law firm, according to Herald Online. Blishcke, who “has experience representing contractors, sureties, real estate developers, public agencies and private owners” will “chair the firm’s Construction Litigation and Surety Practices Team.” “Todd is an excellent addition to the firm’s Seattle office, and we are thrilled to have him on board,” said Jessie Harris, Managing Director of Williams Kastner, as quoted by Herald Online. “His years of experience in construction and surety matters will be an asset to Williams Kastner’s established construction litigation practice.” Read the court decision
    Read the full story...
    Reprinted courtesy of

    What Should Business Owners Do If a Customer Won’t Pay

    January 02, 2024 —
    It should be simple: you provide a service, and your customer pays you for that service. Unfortunately, it is not always so simple. Not getting paid for your work can be one of the most frustrating issues, especially for small businesses. It also does not take much for money matters to lead to larger disputes. So, what should small business owners do in these cases? 1. Start with a reminder notice Most sources, including the U.S. Chamber of Commerce, agree that business owners should not begin by escalating the situation. Take time to review and fully understand the circumstances of this individual case. Then, begin with resending the invoice or sending reminders to pay. Read the court decision
    Read the full story...
    Reprinted courtesy of Scott L. Baker, Baker & Associates
    Mr. Baker may be contacted at slb@bakerslaw.com

    Connecticut Court Finds Anti-Concurrent Causation Clause Enforceable

    March 19, 2015 —
    Canvassing both case law and scholarly authority, the court determined that the anti-concurrent cause (ACC) provision barred coverage for loss caused by Tropical Storm Irene. Lombardi v. Universal N. Am Ins. Co., 2015 Conn. Super. LEXIS 138 (Conn. Super. Ct. Jan. 21, 2015). Tropical Storm Irene caused the insured's home to shift and move from its concrete pier foundation. The house later had to be demolished. The insurer's expert concluded that the house was removed from the foundation by storm surge and not by wind. The damage caused by wind was limited to 24 feet of trim missing from the roof and about 70 square feet of shingles that were blown away. The insured's expert concluded the house was removed from its foundation due to a combination of wind and water forces. The insured's expert reported that "the water wave action most probably caused most damage to the dwelling support pilings, with wind conditions contributing to the wave action." 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

    FEMA, Congress Eye Pre-Disaster Funding, Projects

    November 08, 2017 —
    Federal Emergency Management Agency Administrator Brock Long wants to revamp the way federal disaster funds are distributed, putting a greater emphasis on building more-resilient structures and communities before disasters strike, Long told a House panel reviewing federal response to the recent slate of disasters. Read the court decision
    Read the full story...
    Reprinted courtesy of Pam Radtke Russell, ENR
    Ms. Russell may be contacted at Russellp@bnpmedia.com

    Mitsui Fudosan Said to Consider Rebuilding Tilted Apartments

    October 28, 2015 —
    Mitsui Fudosan Co., Japan’s biggest developer, is considering rebuilding an apartment complex in Yokohama after one of the four buildings started to tilt, according to a person familiar with the situation. Kiyotaka Fujibayashi, president and chief executive officer of Mitsui Fudosan Residential Co., on Thursday explained the plans to residents, according to the person, who asked not to be named because the information is private. Another option the company is studying is buying back the apartments from the residents at a price higher than what they had paid, the person said. The project was sold in 2006. Mitsui Fudosan is the latest developer to come under scrutiny for defects at residential projects in the Tokyo area. Mitsubishi Estate Co., Japan’s biggest developer by market value, said last year it would rebuild a residential complex in the upscale Aoyama neighborhood after finding faults. Also last year, Sekisui House Ltd. said it would reconstruct a residential complex that was being built by Taisei Corp. after finding some columns were missing reinforcing metals. Read the court decision
    Read the full story...
    Reprinted courtesy of Katsuyo Kuwako, Bloomberg

    One Nation, Under Renovation

    November 07, 2022 —
    In late 2019, Chicago Mayor Lori Lightfoot announced a landmark investment in some of the city’s poorest neighborhoods. Invest South/West would direct $1.4 billion in total, including $750 million in public funds, to redevelop properties across the city’s South and West Sides. Focused on 10 specific neighborhoods, the program’s first projects broke ground in August and September. Teams of workers will turn a firehouse into a culinary hub and event space; a stately Art Deco bank is set to be converted into an art space that will anchor an attached mixed-use development. Another former bank, in Humboldt Park, will be renovated into Latino-owned commercial offices, an entrepreneurial incubator space, and a Latino cultural center, as well as housing. These reuse projects aim to do more than fill the gaps of Chicago’s legendary vacant-property crisis: In reanimating shuttered historic buildings, the initiative aims to restore the economies of commercial corridors that were victims of destructive mid-20th-century “urban renewal” initiatives. Read the court decision
    Read the full story...
    Reprinted courtesy of Zach Mortice, Bloomberg

    Mediation Clause Can Stay a Miller Act Claim, Just Not Forever

    July 11, 2021 —
    It seems to be Miller Act time here at Construction Law Musings, not to mention in the Federal District Courts here in Virginia. Last week I discussed what sort of work can form the basis for a Miller Act claim. This week I am discussing the effect of a mandatory mediation contract clause on the same type of claim. I have discussed both the benefits and the possible negative consequences of the inclusion of such a clause in your construction contract. The recent case out of the Norfolk, Virginia Federal District Court recently explored the related question of whether such a clause can be enforced in the context of a Miller Act claim. In United States of America, for the use of Precision Air Conditioning of Brevard Inc. v. Cincinnati Insurance Company, the Court was confronted with a possible conflict between the legal requirement that any waiver of the right to pursue a Miller Act claim must be explicitly waived in writing and the clear contractual language between the general contractor and the plaintiff stating that mediation was a condition precedent to suit. Read the court decision
    Read the full story...
    Reprinted courtesy of The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at chrisghill@constructionlawva.com

    A Special CDJ Thanksgiving Edition

    November 21, 2017 —
    Welcome to the Construction Defect Journal’s special Thanksgiving edition. The CDJ staff has compiled the most important and interesting stories so far from 2017. From Supreme Court decisions to state construction defect law shake ups, this week’s edition showcases significant construction defect industry changes. With a mug of hot spiced cider in hand, relax and reflect on what has happened in our industry so far in 2017. CDJ wishes to give thanks to its amazing contributors and readers. It’s due to your efforts and support that CDJ is able to present a weekly summary of what is happening in the construction defect industry. We hope you enjoy this special edition, and wish you and your family a fun and festive Thanksgiving holiday. Read the court decision
    Read the full story...
    Reprinted courtesy of