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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

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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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    Building Expert News and Information
    For Fairfield Connecticut


    Construction Defect Fund Approved for Bankrupt Las Vegas Builder

    Reminder: Your MLA Notice Must Have Your License Number

    Home Buyer May Be Third Party Beneficiary of Property Policy

    GIS and BIM Integration Will Transform Infrastructure Design and Construction

    The EPA’s Renovation, Repair, and Painting Rule: Are Contractors Aware of It?

    Contractor Sentenced to Seven Years for Embezzling $3 Million

    Burlingame Construction Defect Case Heading to Trial

    Coverage for Faulty Workmanship Found In South Dakota

    White and Williams Announces Lawyer Promotions

    Real Estate & Construction News Roundup (7/10/24) – Strong Construction Investment in Data Centers, Increase Use of Proptech in Hospitality and Effects of Remote-Work on Housing Market

    Work without Permits may lead to Problems Later

    New California Construction Law for 2019

    Don’t Conspire to Build a Home…Wait…What?

    Don’t Just Document- Document Right!

    Surfside Condo Collapse Investigators Uncover More Pool Deck Deviations

    Ambush Elections are Here—Are You Ready?

    Michigan Lawmakers Pass $4.7B Infrastructure Spending Bill

    Pay Loss Provision Does Not Preclude Assignment of Post-Loss Claim

    Two Worthy Insurance Topics: (1) Bad Faith, And (2) Settling Without Insurer’s Consent

    Former Zurich Executive to Head Willis North America Construction Insurance Group

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    Certificate of Merit to Sue Architects or Engineers Bill Proposed

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    Wait! Don’t Sign Yet: Reviewing Contract Protections During the COVID Pandemic

    New Insurance Case: Owners'​ Insurance Barred in Reimbursement Action against Tenant

    Real Estate & Construction News Roundup (9/4/24) – DOJ Sues RealPage, Housing Sales Increase and U.S. Can’t Build Homes Fast Enough

    CAUTION: Terms of CCP Section 998 Offers to Compromise Must Be Fully Contained in the Offer Itself

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    Collapse Claim Fails Due To Defectively Designed Roof and Deck

    Paul Tetzloff Elected As Newmeyer & Dillion Managing Partner

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    Genuine Dispute Summary Judgment Reversed for Abuse of Discretion and Trial of Fact Questions About Expert Opinions

    Three Reasons Lean Construction Principles Are Still Valid

    Real Estate & Construction News Roundup (08/30/23) – AI Predicts Home Prices, Construction’s Effect on the Economy, and Could Streamline Communications for Developers

    Echoes of Shutdown in Delay of Key Building Metric

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    There Was No Housing Bubble in 2008 and There Isn’t One Now
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    Fairfield, Connecticut

    U.S. Homeowners Are Lingering Longer, and the Wait Is Paying Off

    July 28, 2018 —
    Homeowners in the U.S. are holding on to their houses longer than they have in at least 18 years, and when they do sell, they’re reaping gains that haven’t been seen since before the housing crisis. Those who sold in the second quarter did so after owning their homes for an average of 8.09 years, the longest stretch since Attom Data Solutions started tracking the statistic in 2000. The wait appears to be paying off: Second-quarter sellers recorded gains averaging $58,000 -- the most since the third quarter of 2007. Read the court decision
    Read the full story...
    Reprinted courtesy of Jeremy Hill, Bloomberg

    Huh? Action on Construction Lien “Relates Back” Despite Notice of Contest of Lien

    May 01, 2023 —
    Not every case law you read makes sense. This sentiment goes to the uncertainty and grey area of certain legal issues. It is, what you call, “the nature of the beast.” You will read cases that make you say “HUH?!?” This is why you want to work with construction counsel to discuss procedures and pros / cons relative to construction liens. An example of a case that makes you say “HUH” can be found in Woolems, Inc. v. Catalina Capstone Creations, Inc., 2023 WL 2777506 (Fla. 3d DCA 2023) dealing with a construction lien foreclosure dispute. Here, a contractor filed a lawsuit against a subcontractor with a summons to show cause why the subcontractor’s construction lien should not be discharged. This is a specific complaint filed under Florida Statute s. 713.21(4). This statute requires the lienor to essentially foreclose on its construction lien within 20 days after it was served with a “show cause” summons. The subcontractor filed its answer and counterclaim but did NOT assert a claim to foreclose its construction lien. 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

    Guessing as to your Construction Damages is Not the Best Approach

    November 18, 2019 —
    Arbitrarily guessing as to your construction damages is NOT the best approach. Sure, experts can be costly. No doubt about it. Having an expert versus guessing as to your construction damages caused by another party’s breach of contract is a no brainer. Engage an expert or, at a minimum, be in a position to competently testify as to your damages caused by another party’s breach of contract. Otherwise, the guessing is not going to get you very far as a concrete subcontractor found out in Patrick Concrete Constructors, Inc. v. Layne Christensen Co., 2018 WL 6528485 (W.D. New York 2018) where the subcontractor could not competently support its delay-related damages or change orders and, equally important, could not support that the damages were proximately caused by the general contractor’s breach of the subcontract. In this case, the concrete subcontractor entered into a subcontract to perform concrete work for a public project. The project was delayed and the general contractor was required to pay liquidated damages to the owner. Not surprisingly, the subcontractor disputed liability for delays and sued the general contractor for all of its delay-related damages “in the form of labor and materials escalation, loss of productivity, procurement and impact costs, field and home office overhead, idle equipment, inability to take on other work, lost profits, and interest.” Patrick Concrete Constructors, 2018 WL at *1. The general contractor moved for summary judgment as to the plaintiff’s delay-related damages – the subcontractor’s damages were nothing but guesses and the subcontractor could not prove the general contractor was the cause of the subcontractor’s damages. 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

    Unesco Denies Claim It Cleared Construction of Zambezi Dam

    November 06, 2023 —
    Unesco denied that it cleared Zimbabwe and Zambia to proceed with the construction of a $5 billion hydropower dam downstream from the Victoria Falls, which it has designated as a World Heritage Site. Munyaradzi Munodawafa, chief executive officer of the Zambezi River Authority, said in an earlier interview that Unesco’s World Heritage Committee “agreed that Batoka could go ahead,” referring to the planned dam and 2,400-megawatt power plant on the Zambezi River. Munodawafa didn’t answer calls or text messages to his mobile phone. “The decision taken by the committee raises several concerns regarding the site, including the inevitable negative impacts of the Batoka Gorge” project, Unesco said in a response to queries. Read the court decision
    Read the full story...
    Reprinted courtesy of Antony Sguazzin, Bloomberg

    Being the Bearer of Bad News (Sounding the Alarm on Construction Issues Early and Often) (Law Note)

    October 02, 2023 —
    Our recent look into termination brings up another issue important to architects and engineers– how to sound the alarm about construction or building code violations. Sometimes, a project owner may be so focused on project completion that they want to overlook the sub-par work that may be occurring in an effort to get project open “on time.” In such cases, only if a life safety violation is reported to the authority having jurisdiction will the owner finally terminate a faulty contractor from a construction project. Even if the work is not a life/safety issue, it is important that when delivering bad news about the quality of work that your notice be early, loud, and frequent. Basically, everyone involved should be aware, through written communications, that there is an issue that needs to be addressed on site, the contractor is messing up the construction, and what needs to be done to fix the issue(s). If the owner is willing to live with the faulty work (and it is not a life/safety matter), then at least you’ve provided notice and warned them of the issue. Read the court decision
    Read the full story...
    Reprinted courtesy of Melissa Dewey Brumback, Ragsdale Liggett
    Ms. Brumback may be contacted at mbrumback@rl-law.com

    When is Mediation Appropriate for Your Construction Case?

    May 07, 2015 —
    Here at Construction Law Musings, I have often discussed mediation as a good alternative to the expense and headaches of litigation. What I have discussed less often are the circumstances in which it is most appropriate to consider or even push for mediation. The obvious and clearest time that mediation must be used is where the contract requires it. Many construction contracts, including those from the AIA (when the parties check the appropriate box) require mediation as a prerequisite to arbitration or litigation. As is almost always the case in Virginia, this clause will be enforced. In short, if your construction contract has such a clause, and despite my reservations about “mandatory mediation,” you need to at least go through the process before moving forward with your construction claim. The more interesting case is where no such clause exists and the parties reach an impasse, sometimes prior to litigation and often after the filing of a construction complaint or demand for arbitration. What questions should you as a construction attorney be asking both to and about your construction clients before attempting mediation? Read the court decision
    Read the full story...
    Reprinted courtesy of Christopher G. Hill, Law Office of Christopher G. Hill, PC
    Mr. Hill may be contacted at chrisghill@constructionlawva.com

    California Bullet Train Clears Federal Environmental Approval

    June 30, 2014 —
    The U.S. Federal Railroad Administration has approved an environmental review needed to begin building a portion of a $68 billion California high-speed rail line that has been mired in lawsuits. The agency, part of the Transportation Department, said in a release that it cleared a 114-mile (183-kilometer) stretch of the project in the Central Valley. The California High-Speed Rail Authority has been blocked from selling bonds to begin construction of the first U.S. bullet train until a court decides whether details of the financing were adequately disclosed. Read the court decision
    Read the full story...
    Reprinted courtesy of Michael B. Marois, Bloomberg
    Mr. Marois may be contacted at mmarois@bloomberg.net

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

    September 14, 2017 —
    Traditional bases for private nuisance claims include circumstances where noise, light, vibration, or odor emanating from a neighboring property harm the value of your property. Such bases can be objectively verified and quantified. Courts in various states depart, however, on the issue of whether pure unsightliness of a neighboring property, which diminishes the value of your property, supports a cognizable damages claim against the neighboring property owner under the law of nuisance. Read the court decision
    Read the full story...
    Reprinted courtesy of Kevin J. Parker, Snell & Wilmer
    Mr. Parker may be contacted at kparker@swlaw.com