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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

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    Home Builders Association of New Haven Co
    Local # 0720
    2189 Silas Deane Highway
    Rocky Hill, CT 06067

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    Home Builders Association of Hartford Cty Inc
    Local # 0755
    2189 Silas Deane Hwy
    Rocky Hill, CT 06067

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    Home Builders Association of NW Connecticut
    Local # 0710
    110 Brook St
    Torrington, CT 06790

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    Home Builders Association of Connecticut (State)
    Local # 0700
    3 Regency Dr Ste 204
    Bloomfield, CT 06002

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    Building Expert News and Information
    For Fairfield Connecticut


    New Jersey Senate Advances Bad Faith Legislation

    NYPD Investigating Two White Flags on Brooklyn Bridge

    Demand for New Homes Good News for Home Builders

    Window Installer's Alleged Faulty Workmanship On Many Projects Constitutes Multiple Occurrences

    Colorado Construction Defect Action Reform: HB 17-1279 Approved by Colorado Legislature; Governor’s Approval Imminent

    Motion for Reconsideration Challenging Appraisal Determining Cause of Loss Denied

    Georgia Supreme Court Says Construction Defects Can Be an “Occurrence”

    Private Mediations Do Not Toll The Five-Year Prosecution Statute

    Construction Bidding for Success

    Efficient Proximate Cause Applies to Policy's Collapse Provisions

    Conn. Appellate Court Overturns Jury Verdict, Holding Plaintiff’s Sole Remedy for Injuries Arising From Open Manhole Was State’s Highway Defect Statute

    The National Building Museum’s A-Mazing Showpiece

    2018 California Construction Law Update

    A Compilation of Quirky Insurance Claims

    Texas Condo Construction Defect Code Amended

    U.S. Home Prices Rose More Than Estimated in February

    Climate-Proofing Your Home: Upgrades to Weather a Drought

    Nevada Construction Defect Lawyers Dead in Possible Suicides

    Falling Crime Rates Make Dangerous Neighborhoods Safe for Bidding Wars

    Is Your Contract “Mission Essential?” Recovering Costs for Performing During a Force Majeure Event Under Federal Regulations

    Gilroy Homeowners Sue over Leaky Homes

    Insurer Motion to Intervene in Underlying Case Denied

    More Construction Defects for San Francisco’s Eastern Bay Bridge Expansion

    Construction Defect Bill Introduced in California

    Sellers of South Florida Mansion Failed to Disclose Construction Defects

    First Suit to Enforce Business-Interruption Coverage Filed

    Part of the Whole: Idaho District Court Holds Economic Loss Rule Bars Tort Claims Related to Water Supply Line that was Part of Home Purchase

    No Coverage for Foundation Collapse

    Real Estate & Construction News Roundup (5/22/24) – Federal Infrastructure Money, Hotel Development Pipelines, and Lab Space Construction

    Fix for Settling Millennium Tower May Start This Fall

    Contractor Given a Wake-Up Call for Using a "Sham" RMO/RME

    Nondelegable Duties

    Norfolk Southern Accused of Trying to Destroy Evidence of Ohio Wreck

    Economic Loss Rule Bars Claims Against Manufacturer

    Second Circuit Denies Petitions for Review of EPA’s Final Regulations to Establish Requirements for Cooling Water Intake Structures

    Why Do Construction Companies Fail?

    In Massachusetts, the Statute of Repose Applies to Consumer Protection Claims Against Building Contractors

    Road to Record $199 Million Award Began With Hunch on Guardrails

    A Performance-Based Energy Code in Seattle: Will It Save Existing Buildings?

    Courthouse Reporter Series: The Bizarre Case That Required a 117-Year-Old Expert

    Construction Defect Claim over LAX Runways

    Generally, What Constitutes A Trade Secret Is A Question of Fact

    Study May Come Too Late for Construction Defect Bill

    Colorado Federal Court Confirms Consequetial Property Damage, But Finds No Coverage for Subcontractor

    Client Alert: Design Immunity Affirmative Defense Not Available to Public Entities Absent Evidence of Pre-Accident Discretionary Approval of the Plan or Design

    Everyone’s Working From Home Due to the Coronavirus – Is There Insurance Coverage for a Data Breach?

    Mediation in the Zero Sum World of Construction

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    Contract Provisions That Help Manage Risk on Long-Term Projects

    BHA Announces New Orlando Location
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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.

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    Fairfield, Connecticut

    Saudi Prince’s Megacity Shows Signs of Life

    September 03, 2019 —
    The walls are covered with graffiti in the sleepy fishing village of Khurayba. There are supplications to God, advertisements for vacation rentals and house painters. Near the local school, there’s a scribbled plea: “Open the windows of hope and drive out the despair.” It’s here in northwest Saudi Arabia that Crown Prince Mohammed bin Salman wants investors to put their money to realize his $500 billion vision for the region. Called “Neom,” it promises to be the most freewheeling part of the kingdom, with state-of-the-art resorts and smart technologies run by robots. But it’s also here where the risks to the 33-year-old prince’s grand plan for his country are writ large. Neom is the boldest pillar of a social and economic transformation that so far has seen at least as many delays as successes. Indeed, the question since the prince announced the vast development at an extravaganza in 2017 has been whether it can become a reality. Read the court decision
    Read the full story...
    Reprinted courtesy of Vivian Nereim & Donna Abu-Nasr, Bloomberg

    Recovering Unabsorbed Home Office Overhead Due to Delay

    May 30, 2022 —
    In the preceding article, I discussed the use of a retrospective as-built delay analysis in a case before the Civilian Board of Contract Appeals (CBCA). This case also discussed a damages component in certain delay claims known as unabsorbed home office overhead—a challenging damages component to recover because this deals with indirect costs as opposed to direct costs. Unabsorbed home office overhead is a damages component when the contractor is on standby, but this is NOT as easy as just claiming standby thereby you are automatically entitled to unabsorbed home office overhead. There are requirements that MUST be met.
    To obtain an equitable adjustment for unabsorbed home office overhead as compensation for being on standby, [the contractor] must initially show “[1] a government-caused delay of uncertain duration,” that “[2] the delay extended the original time for performance” or precluded the contractor from finishing earlier than scheduled, and that “[3] the contractor [was] on standby and unable to take on other work during the delay period. CTA I, LLC v. Department of Veteran Affairs, CBCA 5826, 2022 WL 884710 (CBCA 2022) quoting Nicon, Inc. v. U.S., 331 F.3d 878, 883 (Fed. Cir. 2003).
    Read the court decision
    Read the full story...
    Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
    Mr. Adelstein may be contacted at dma@kirwinnorris.com

    Private Statutory Cause of Action Under Florida’s Underground Facility Damage Prevention and Safety Act

    July 11, 2021 —
    Florida’s Underground Facility Damage Prevention and Safety Act is set forth in Florida Statutes Chapter 556. Any owner or operator of underground infrastructure as well as contractors that perform underground excavation and demolition operations are familiar (or, need to be familiar) with this Act and the requirements it imposes on them. In a nutshell, this Act requires excavators to notify operators of underground facilities (e.g., pipelines, cables, sewers) through a notification system before excavating or demolishing an underground location. Then notification system gives the operator of the underground facility two days’ advance notice that an excavation will be taking place. After receiving this notice, the operator of the underground facility must mark the area where its infrastructure is located which could be affected by the underground excavation or demolition operations. The Act further imposes duties on excavators to use increased caution, supervise mechanized equipment, perform excavation and demolition operations in a careful an prudent manner, and to re-notify the notification system if the operator’s marking is no longer visible so the location of the operator’s underground facility can be re-marked. Read the court decision
    Read the full story...
    Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
    Mr. Adelstein may be contacted at dma@kirwinnorris.com

    State Audit Questions College Construction Spending in LA

    August 17, 2011 —

    A state audit of the Los Angeles Community College District found many problems with their construction spending. Their report, as described in the Los Angeles Times, found construction money spent for other purposes, such as promotional photography and public relation tours, $28.3 million spent on projects that were later cancelled, and oversight committees that provided no oversight.

    Earlier this year, the LA Times ran a series of articles detailing problems with the Los Angles Community College District’s construction program. The LA Times reported that the State Controller’s audit reached many of the same conclusions.

    The Community College District disputed the findings.

    Read the full story…

    Read the court decision
    Read the full story...
    Reprinted courtesy of

    Boston Construction Bands With Health Care to Fight COVID-19

    January 11, 2021 —
    Trade union leaders, construction executives and international health care experts are teaming up in Boston o stop the spread of COVID-19 in the city’s booming construction sector. The coalition unveiled a program called Construction Stops COVID on Dec. 22. The testing, tracing and treatment initiative targets tens of thousands of hard-hatted workers toiling on construction sites across the city. Reprinted courtesy of Scott Van Voorhis, Engineering News-Record ENR may be contacted at ENR.com@bnpmedia.com Read the full story... Read the court decision
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    Reprinted courtesy of

    Another (Insurer) Bites The Dust: Virginia District Court Rejects Narrow Reading of Pollution Exclusion

    September 10, 2018 —
    In a victory for policyholders, and an honorable mention for Merriam-Webster’s Dictionary, a federal judge in Virginia ruled that the dispersal of concrete dust that damaged inventory stored in an aircraft part distributor’s warehouse was a pollutant, as defined by the policy, but that it also constituted “smoke” as that term was defined in the dictionary, thereby implicating an exception to the policy’s pollution exclusion. The Court then granted summary judgment for the policyholder, who had suffered a $3.2 million loss. Reprinted courtesy of Michael S. Levine, Hunton Andrews Kurth and Latosha M. Ellis, Hunton Andrews Kurth Mr. Levine may be contacted at mlevine@HuntonAK.com Read the court decision
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    Reprinted courtesy of

    Congratulations to Karen Baytosh and August Hotchkin on Their Recognition as 2021 Nevada Legal Elites!

    June 07, 2021 —
    Bremer Whyte Brown & O’Meara, LLP is proud to announce Reno Partners Karen Baytosh and August Hotchkin have been recognized in the Nevada Business Magazine as Nevada Legal Elites, Northern Nevada Top Attorneys. To view the Silver State’s Top Attorneys, please click here. The Nevada Legal Elite list includes the top 4 percent of attorneys in the state and is broken down by location. Reprinted courtesy of Dolores Montoya - Bremer Whyte Brown & O'Meara LLP Read the full story... Read the court decision
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    Reprinted courtesy of

    Brooklyn’s Industry City to Get $1 Billion Modernization

    March 12, 2015 —
    (Bloomberg) -- A late 19th century industrial complex on New York’s Brooklyn waterfront is slated for a $1 billion makeover that aims to transform the property into a modern hub for manufacturing and technology. The owners of Industry City, Atlanta-based Jamestown and its partners, plan to invest about $890 million over the next 12 years, and anticipate tenants will put in about $150 million of their own money, according to a proposal announced Monday. The project will create one of the largest centers for the “innovation economy” in the U.S., and one of New York’s biggest engines of job growth, said Andrew Kimball, chief executive officer of Industry City. Read the court decision
    Read the full story...
    Reprinted courtesy of David M. Levitt, Bloomberg
    Mr. Levitt may be contacted at dlevitt@bloomberg.net