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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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    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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    Local # 0700
    3 Regency Dr Ste 204
    Bloomfield, CT 06002

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    Building Expert News and Information
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    Hawaii Supreme Court Construes Designated Premises Endorsement In Insured's Favor

    Recent Bad Faith Decisions in Florida Raise Concerns

    Government Claims Act Does Not Apply to Actions Solely Seeking Declaratory Relief and Not Monetary Relief

    Ex-Detroit Demolition Official Sentenced for Taking Bribes

    Federal Court Enforces “Limits” and “Most We Will Pay” Clauses in Additional Insured Endorsement

    Construction Litigation Roundup: “Wrap Music to an Insurer’s Ears?”

    Payment Bond Surety Entitled to Award of Attorneys’ Fees Although Defended by Principal

    The New Jersey Theme Park Where Kids’ Backhoe Dreams Come True

    Construction Defects as Occurrences, Better Decided in Law than in Courts

    Arguing Cardinal Change is Different than Proving Cardinal Change

    Do Not Pass Go! Duty to Defend in a Professional Services Agreement (law note)

    Excess Must Defend After Primary Improperly Refuses to Do So

    Measures Landlords and Property Managers Can Take in Response to a Reported COVID-19 Infection

    25 Days After Explosion, Another Utility Shuts Off Gas in Boston Area

    When it Comes to COVID Emergency Regulations, Have a Plan

    Tech to Help Contractors Avoid Litigation

    ASCE Statement on EPA Lead Pipe and Paint Action Plan

    Condo Board May Be Negligent for not Filing Construction Defect Suit in a Timely Fashion

    Stormy Seas Ahead: 5th Circuit to Review Whether Maritime Law Applies to Offshore Service Contract

    Arkansas: Avoiding the "Made Whole" Doctrine Through Dépeçage

    Contractor Wins in Arbitration Only to Lose Before the Superior Court on Section 7031 Claim

    Failing to Adopt a Comprehensive Cyber Plan Can Lead to Disaster

    Is Your Construction Business Feeling the Effects of the Final DBA Rule?

    Skanska Found Negligent for Damages From Breakaway Barges

    A WARNing for Companies

    BLOK, a Wired UK Hottest 100 Housing Market Startup, Gets Funding from a Renowned Group of Investors

    South Dakota Supreme Court Holds That Faulty Workmanship Constitutes an “Occurrence”

    Know Whether Your Course of Business Operations Are Covered Or Excluded By Your Insurance

    Blackstone Suffers Court Setback in Irish Real Estate Drama

    Court Again Defines Extent of Contractor’s Insurance Coverage

    SB800 Not the Only Remedy for Construction Defects

    Feds to Repair Damage From Halted Border Wall Work in Texas, California

    Construction Executives Should Be Dusting Off Employee Handbooks

    U.S., Canada, Mexico Set New Joint Clean-Energy Goal

    Contract Void Ab Initio: Key Insights into the KBR vs. Corps of Engineers Affirmative Defense

    Showdown Over Landmark Housing Law Looms at U.S. Supreme Court

    Thirteen Payne & Fears Attorneys Honored by Best Lawyers

    Home Construction Thriving in Lubbock

    City of Birmingham Countersues Contractor for Incomplete Work

    With VA Mechanic’s Liens Sometimes “Substantial Compliance” is Enough (but don’t count on it)

    A Court-Side Seat: Coal-Fired Limitations, the Search for a Venue Climate Change and New Agency Rules that May or May Not Stick Around

    Florida Accuses Pool Contractor of Violating Laws

    The Overlooked Nevada Rule In an Arena Project Lawsuit

    Georgia Court of Appeals Holds That Insurer Must Defend Oil Company Against Entire Lawsuit

    SEC Proposes Rule Requiring Public Firms to Report Climate Risks

    Green Home Predictions That Are Best Poised to Come True in 2014 and Beyond (guest post)

    US Appeals Court Slams FERC on Long-Muddled State Environmental Permits

    Where There's Smoke...California's New Emergency Wildfire Smoke Protection Regulation And What Employers Are Required To Do

    Circuit Court Lacks Appellate Jurisdiction Over Order Compelling Appraisal

    A Court-Side Seat: Permit Shields, Hurricane Harvey and the Decriminalization of “Incidental Taking”
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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

    Real Estate & Construction News Round-Up (01/11/23) – Construction Tech, Housing Market Confidence, and Decarbonization

    February 01, 2023 —
    To kick of 2023, this week’s news round-up dives into contech inventions projected to impact the industry, shifting home prices and buyer confidence, investors prioritizing decarbonization efforts, and more.
    • From holograms to robots, these 6 contech innovations are projected to tackle some of construction’s toughest issues. (Robyn Griggs Lawrence, Construction Dive)
    • Manufacturing and data center projects will support the U.S. construction industry as work begins to slow on retail projects, warehouses and offices. (Sebastian Obando, Construction Dive)
    • Despite macroeconomic headwinds, doubling down on decarbonization efforts is projected to be top-of-mind for investors and occupiers in 2023. (JLL)
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    Reprinted courtesy of Pillsbury's Construction & Real Estate Law Team

    20 Wilke Fleury Attorneys Featured in Sacramento Magazine 2020 Top Lawyers!

    August 24, 2020 —
    Congratulations to Wilke Fleury’s featured attorneys who made the Sacramento Magazine’s Top Lawyer List for 2020! Each attorney has been awarded an accolade in the following practice areas: Kathryne Baldwin – Insurance Dan Baxter – Business Litigation & Government Contracts Adriana Cervantes – Medical Malpractice Heather Claus – Health Care Aaron Claxton – Health Care Dan Egan – Bankruptcy and Creditor/Debtor Samson Elsbernd – Employment & Labor Danny Foster – Litigation Insurance David Frenznick – Construction & Construction Litigation George Guthrie – Real Estate & Construction Litigation Ron Lamb – Medical Malpractice Neal Lutterman – Medical Malpractice Steve Marmaduke – Business/Corporate & Real Estate Gene Pendergast – Estate Planning & Probate Mike Polis – Health Care Matthew Powell – Business Litigation Bianca Samuel – Employment & Labor Shannon Smith-Crowley – Legislative & Governmental Affairs Spencer Turpen – Medical Malpractice Steve Williamson – Business Litigation & Bankruptcy and Creditor/Debtor Read the court decision
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    Reprinted courtesy of Wilke Fleury

    This Is the Most Remote and Magical Hotel on Earth

    May 12, 2016 —
    There are no signs leading to the Fogo Island Inn. That’s how hard it is to miss the place. Designed by architect Todd Saunders, who grew up in nearby Gander, the building takes its inspiration from the fishing shacks that dot the shoreline, sagging on old wooden stilts, but it was also made with the dimensions of a cruising vessel. Three hundred feet long by 30 feet wide. Like a ship that’s just sailed into harbor. For decades, the flow of traffic in this community off the Newfoundland coast had moved in one direction: away. Fewer than 2,500 people live on an island four times the size of Manhattan. But the inn, the brainchild of Fogo Island native and tech millionaire Zita Cobb, reversed that trend when it was completed in 2013. Strangers now come from around the world to see the island, whose unspoiled landscape makes it a coveted spot for the under-the-radar traveler. Read the court decision
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    Reprinted courtesy of Sarah Hepola, Bloomberg

    To Require Arbitration or Not To Require Arbitration

    December 31, 2014 —
    Many, if not most, construction contracts that I review during the course of my practice day include a mandatory arbitration clause. Most of these refer in a blanket manner to AAA Construction Industry Rules. The topic for this post is not whether such clauses are enforceable or whether they are one tool in the contracting tool box in a state where the contract is king. I picked the title of this post carefully because I wanted to discuss whether such clauses should be required as a routine part of all construction contracts and, if so, how those clauses can and should be written. I have previously shared my thoughts on mandatory arbitration and its desirability in numerous spots here at Construction Law Musings (you can search arbitration or check out the ADR page for more). In short, my opinion is that arbitration was initially conceived with the purpose of streamlining the dispute resolution process and to correspondingly lower the costs associated with such dispute resolution. Arbitration, when used correctly, can, in certain very industry specific cases, help by using an arbitrator or panel of arbitrators that have some expertise in the particular area of the construction industry or the particular specialized issue that will turn the case one way or the other. All of these goals are good and I applaud them. Read the court decision
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    Reprinted courtesy of Christopher G. Hill, Law Office of Christopher G. Hill, PC
    Mr. Hill may be contacted at chrisghill@constructionlawva.com

    Loan Modifications Due to COVID-19 Pandemic: FDIC Answers CARES Act FAQs

    May 11, 2020 —
    In support of financial institutions and borrowers during the COVID-19 pandemic, the newly enacted Coronavirus Aid, Relief, and Economic Security Act (CARES Act) includes a number of provisions permitting lenders to suspend, during a covered period, requirements under U.S. Generally Accepted Accounting Principles (GAAP) with respect to categorizing certain loan modifications as a troubled debt restructuring (TDR) due to COVID-19. In light of the CARES Act, the Federal Deposit Insurance Corporation (FDIC) issued a series of answers to FAQs for financial institutions with respect to loan modifications. The FAQs help guide lenders as well as borrowers as they address pending defaults under existing credit facilities. The FAQs encourage financial institutions to work with borrowers who may be unable to meet their payment obligations due to COVID-19 in several ways: Payment Accommodations Short-term accommodations which modify, extend, suspend or defer repayment terms should be intended to facilitate the borrower’s ability to work through the immediate impact of the virus. According to the FAQs, all loan accommodation programs should ultimately be targeted towards repayment. To that end, the FDIC recommends that financial institutions address deferred or skipped payments by either extending the original maturity date or by making those payments due in a balloon payment at the maturity date of the loan. Reprinted courtesy of White and Williams attorneys Nancy Sabol Frantz, Marissa Levy, Timothy E. Davis and Kristen E. Andreoli Ms. Frantz may be contacted at frantzn@whiteandwilliams.com Ms. Levy may be contacted at levymp@whiteandwilliams.com Mr. Davis may be contacted at davist@whiteandwilliams.com Ms. Andreoli may be contacted at andreolik@whiteandwilliams.com Read the court decision
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    Ahead of the Storm: Preparing for Dorian

    September 16, 2019 —
    While Hurricane Dorian churns in the Atlantic with its sights currently set on the east coast of Florida, storm preparations should be well underway. As you are busy organizing efforts to secure your job sites, we at Peckar & Abramson offer some quick reminders that may prove helpful:
    • Review your contracts, particularly the force majeure provisions, and be sure to comply with applicable notice requirements
    • Even if not expressly required at this time, consider providing written notice to project owners that their projects are being prepared for a potential hurricane or tropical storm and that the productivity and progress of the work will be affected, with the actual time and cost impact to be determined after the event.
    • Consult your hurricane plan (which is often a contract exhibit) and confirm compliance with all specified safety, security and protection measures.
    • Provide written notice to your subcontractors and suppliers of the actions they are required to take to secure and protect their portions of the work and the timetable for completion of their storm preparations.
    Reprinted courtesy of Peckar & Abramson, PC attorneys Adam P. Handfinger, Stephen H. Reisman and Gary M. Stein Mr. Handfinger may be contacted at ahandfinger@pecklaw.com Mr. Reisman may be contacted at sreisman@pecklaw.com Mr. Stein may be contacted at gstein@pecklaw.com Read the court decision
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    Reprinted courtesy of

    Premises Liability: Everything You Need to Know

    September 09, 2019 —
    Premises liability is a relatively simple concept: landowners, lessors, and occupiers of land must keep their property safe and avoid causing harm to others. Premises liability lawsuits can arise from an array of circumstances including a slip and fall by an individual, a construction site accident, or an accident at occurs on a residential or commercial property. Under California law, everyone is responsible, not only for the result of his or her willful acts, but also for an injury occasioned to another by his or her want of ordinary care or skill in the management of his or her property. California Civil Code 1714 (a). When an individual is injured on a property, the person harmed generally brings a lawsuit based upon a theory of negligence. Under this theory, an injured Plaintiff must prove the following:
    1. The defendant owned, leased, occupied, or controlled the property;
    2. The defendant was negligent in the use or maintenance of the property;
    3. The plaintiff was harmed; and
    4. The defendant’s negligence was a substantial factor in causing the plaintiff’s harm.
    California Civil Jury Instructions 1000. When evaluating a negligence claim under the theory of premises liability, there are several key elements for both a Plaintiff and a Defendant to consider. First, the landowner, occupier, or lessor of a premises is under a duty to exercise ordinary care in the use or maintenance of the premises to avoid exposing persons to an unreasonable risk of harm. Rowland v. Christian, 69 Cal. 2d 108 (1968). Essentially, a landowner or occupier is required to take steps to keep individuals on the property free from harm. Read the court decision
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    Reprinted courtesy of Bremer Whyte Brown & O'Meara LLP

    FDOT Races to Re-Open Storm-Damaged Pensacola Bridge

    April 12, 2021 —
    Buffeted by hurricanes, northwest Florida’s largest-ever infrastructure effort is finally seeing the light at the end of the storm. The three-mile-long bridge across Pensacola Bay is expected to reopen to traffic this spring after an ongoing replacement effort abruptly became an emergency repair job as well. Reprinted courtesy of Jim Parsons, Engineering News-Record ENR may be contacted at ENR.com@bnpmedia.com Read the full story... Read the court decision
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