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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

    Fairfield Connecticut Building Expert 10/ 10

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

    Fairfield Connecticut Building Expert 10/ 10

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

    Fairfield Connecticut Building Expert 10/ 10

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

    Fairfield Connecticut Building Expert 10/ 10

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

    Fairfield Connecticut Building Expert 10/ 10


    Building Expert News and Information
    For Fairfield Connecticut


    Arbitration Provisions Are Challenging To Circumvent

    Construction Group Seeks Defense Coverage for Hard Rock Stadium Claims

    James R. Lynch Appointed to the Washington State Capital Project Review Committee

    A Downside of Associational Standing - HOA's Claims Against Subcontractors Barred by Statute of Limitations

    Shoring of Problem Girders at Salesforce Transit Center Taking Longer than Expected

    Pulling the Plug

    Restaurant Wants SCOTUS to Dust Off Eleventh Circuit’s “Physical Loss” Ruling

    Water Damage: Construction’s Often Unnoticed Threat

    Protect Against Design Errors With Owners Protective Professional Indemnity Coverage

    In Midst of Construction Defect Lawsuit, City Center Seeks Refinancing

    Housing Buoyed by 20-Year High for Vet’s Loans: Mortgages

    Court Rules that Damage From Squatter’s Fire is Not Excluded as Vandalism or Malicious Mischief

    BHA has a Nice Swing Donates to CDCCF

    World’s Biggest Crane Lifts Huge Steel Ring at U.K. Nuclear Site

    TV Kitchen Remodelers Sued for Shoddy Work

    Ready, Fire, Aim: The Importance of Targeting Your Delay Notices

    The Devil is in the Details: The Texas Construction Trust Fund Pitfalls Residential Remodelers (and General Contractors) Should Avoid

    Judge Tells DOL to Cork its Pistol as New Overtime Rule is Blocked

    Difficult Task for Court to Analyze Delay and Disorder on Construction Project

    COVID-19 Win for Policyholders! Court Approves "Direct Physical Loss" Argument

    Construction Defects Checklist

    General Contractor Supporting a Subcontractor’s Change Order Only for Owner to Reject the Change

    Vallagio v. Metropolitan Homes: The Colorado Court of Appeals’ Decision Protecting a Declarant’s Right to Arbitration in Construction Defect Cases

    Hawaii Appellate Court Finds Duty to Defend Group Builders Case

    Report to Congress Calls for Framework to Cut Post-Quake Recovery Time

    Texas School District Accepts Settlement Agreement in Construction Defect Case

    The Construction Lawyer as Counselor

    The Murky Waters Between "Good Faith" and "Bad Faith"

    Meet Your Future Team Members: AI Agents

    New York Bars Developers from Selling Condos due to CD Fraud Case

    Over a Hundred Thousand Superstorm Sandy Cases Re-Opened

    Insurer Not Entitled to Summary Judgment on Construction Defect Claims

    Negligent Misrepresentation in Sale of Building Altered without Permits

    CA Senate Report States Caltrans ‘Gagged and Banished’ its Critics

    How the Pandemic Pushed the Construction Industry Five Years Into the Future

    Appraisers May Determine Causation

    'Major' Mass. Gas Leak Follows Feds Call For Regulation Changes One Year After Deadly Gas Explosions

    'Regluing' Oregon State's Showcase for Mass Timber

    Supreme Court of New Jersey Reviews Statutes of Limitation and the Discovery Rule in Construction Defect Cases

    Your Bad Faith Jury Instruction Against an Insurer is Important

    Yes, Indeedy. Competitive Bidding Not Required for School District Lease-Leasebacks

    Wheaton to Require Sprinklers in New Homes

    Quick Note: Discretion in Determining Prevailing Party for Purposes of Attorney’s Fees

    The "Dark Overlord" Strikes The Practice Of Law: What Law Firms Can Do To Protect Themselves

    The Risks and Rewards of Sustainable Building Design

    Court Throws Wet Blanket On Prime Contractor's Attorneys' Fees Request In Prompt Payment Case

    Federal District Court Issues Preliminary Injunction Against Implementation of the Fair Pay and Safe Workplaces Final Rule

    Developer's Novel Virus-killing Air Filter Ups Standard for Indoor Air Quality

    Harmon Tower Opponents to Try Mediation

    What Buyers Want in a Green Home—and What They Don’t
    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. Leveraging 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

    Duke Energy Appeals N.C. Order to Excavate Nine Coal Ash Pits

    April 17, 2019 —
    Duke Energy Progress said April 11 it will appeal the North Carolina Dept. of Environmental Quality’s order issued earlier this month to excavate nine remaining large coal ash pits at six power plants in the state and move ash to lined landfills; the firm claims the new mandate at sites previously deemed low-risk will cost up to $5 billion to implement. Read the court decision
    Read the full story...
    Reprinted courtesy of Mary B. Powers, ENR
    ENR may be contacted at ENR.com@bnpmedia.com

    Policy's Limitation Period for Seeking Replacement Costs Not Enforced Where Unreasonable

    March 12, 2014 —
    The New York Court of Appeals determined that a two year period for obtaining replacement costs for damage to property was unenforceable where the property could not be reasonably replaced in two years. Executive Plaza, LLC v. Peerless Ins. Co., 2014 WL 551251 (N.Y. Ct. App. Feb. 13, 2014). Plaintiff's office building was severely damaged in a fire on February 23, 2007. It cost more than a million dollars to restore the building to its previous condition. Plaintiff had $1 million in coverage from Peerless. The policy provided that replacement costs for any loss would be paid after the damaged property was repaired. The insured was required to make the repairs as soon as possible. Further, the policy provided that any legal action against the insurer had to be brought within two years of the loss. Peerless paid the "actual cash value" of the destroyed building pursuant to the policy in the amount of $757,812.50. Peerless informed the plaintiff that it would have to provide documentation of the completion of repairs to collect the full replacement value, another $242,187.50. 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

    Reconstructing the Francis Scott Key Bridge Utilizing the Progressive Design-Build Method

    June 04, 2024 —
    Having awakened on the morning of March 26 to the devastating news of the collapse of Baltimore’s Francis Scott Key Bridge after being struck by the Dali, a 984 length /52 beam foot cargo container ship, I thought of the many times I crossed the bridge as a child growing up in Washington, D.C. I also recalled Montgomery Schyler’s comments on the opening of the Brooklyn Bridge, when he stated that “the work which is likely to be our most durable monument, and to convey some knowledge of us to the most remote posterity, is a work of bare utility; not a shrine, not a fortress, not a palace, but a bridge.” I thought of the beauty of New York’s Mario Cuomo Bridge, a 3.1-mile cable-stayed twin-span bridge with eight traffic lanes, bicycle and pedestrian paths, six lookout points and room for future rapid transit. It was completed in 2018 and constructed under a design-build procurement model[i] at a cost of $3.98 billion. Accelerated bridge construction (ABC) techniques were utilized in its construction. ABC techniques employ innovative planning, design, materials, and construction methods in a safe and cost-effective manner to reduce the on-site construction time that occurs when building new bridges or replacing and rehabilitating existing ones. ABC techniques improve site constructability, total project delivery time, work-zone safety for the traveling public and traffic impacts, on-site construction time, and weather-related time delays.[ii] I also thought of the gracefulness of Boston’s Leonard P. Zakim Bunker Hill Memorial Bridge, a 0.27-mile hybrid cable-stayed steel and concrete bridge with pedestrian and bicycle access that holds 10 lanes of traffic. The Zakim Bridge was completed in 2004 at a cost of approximately $100 million as part of the $24.3 billion Big Dig.[iii] Despite its elegant, streamlined appearance, the bridge was designed to be exceptionally strong, withstand winds over 400 miles per hour and endure a magnitude 7.9 earthquake.[iv] Read the court decision
    Read the full story...
    Reprinted courtesy of Lisa D. Love, JAMS

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

    June 17, 2024 —
    In our latest roundup, Virginia’s governor signs two bills into law, $929 billion in outstanding commercial mortgages come due, banks prepare for delinquencies related to office space, and more!
    • Demand for lab space is set to ramp up, with market activity expected to increase in the coming months. (Joe Burns, Construction Dive)
    • Federal infrastructure money is keeping the country’s infrastructure woes from getting worse, but that progress will be lost when that funding ends. (Julie Strupp, Construction Dive)
    • In the first quarter of 2024, several major hotel companies saw their revenues down—or lower than expected—but their development pipelines were up. (Jenna Walters, Hotel Dive)
    Read the court decision
    Read the full story...
    Reprinted courtesy of Pillsbury's Construction & Real Estate Law Team

    Arctic Roads and Runways Face the Prospect of Rapid Decline

    July 19, 2021 —
    Melting permafrost across Arctic regions has already caused highways to buckle and homes to sink. A new study conducted in the north of Alaska helps explain why rising temperatures are hitting roads, airports and other infrastructure particularly hard. Researchers who monitored temperatures and melting near Prudhoe Bay on Alaska’s North Slope documented how the thawing of frozen ground beneath a highway tended to spread laterally to the side of the road, with the melting process accelerated by snow accumulations and puddling. Those interactions led to more rapid thawing than in areas of undisturbed permafrost. Researchers also found that melting in their test area, alongside a highway that runs atop permafrost, followed a two-phase process — a gradual initial thaw, followed by an accelerated process once warming exceeded a critical point. Read the court decision
    Read the full story...
    Reprinted courtesy of Tony Frangie Mawad, Bloomberg

    Commercial Construction Heating Up

    November 20, 2013 —
    The Motley Fool suggests that commercial construction is the next hot sector. Their analysis is that lag time between a rise in residential construction and commercial construction is just about over. “Industry surveys and construction data are suggestion that commercial construction could be about to turn.” Among the indicators are increased billing by architects for commercial projects. With the exception of December 2012, with a strong slump in residential work, commercial projects lagged below residential projects from June 2012 until June 2013. Read the court decision
    Read the full story...
    Reprinted courtesy of

    Arkansas: Avoiding the "Made Whole" Doctrine Through Dépeçage

    April 09, 2014 —
    In Arkansas, a workers’ compensation carrier’s subrogated recovery is subject to a determination of whether the injured worker—or, as the case may be, the worker’s surviving beneficiaries—has been “made whole” by the worker’s recovery against the third party tortfeasor. See, e.g., Yancey v. B & B Supply, 213 S.W.3d 657, 659 (Ark. App. 2005) (“An insured’s right to be made whole takes precedence over an insurer’s right to subrogation, and an insured must be fully compensated before the insurer's right to subrogation arises.”) [1] More often than not, a “made whole” determination will completely eradicate the carrier’s lien. But under the right circumstances, a workers’ compensation carrier may be able to avoid the harsh outcome of “made whole” by intervening in a pending third party action and subsequently filing a motion for dépeçage—i.e., the conflict of laws principle requiring the court to conduct a separate choice of law analysis for discrete issues in a given case. A motion for dépeçage, in this sense, would demand that the court conduct a choice of law analysis to determine what state’s workers’ compensation subrogation law will apply on reimbursing a carrier’s lien. We recently exploited this often underutilized tactic—to avoid Arkansas’ made whole doctrine—in a case involving a fatal plane crash in Louisiana. In that case, the deceased worker and his beneficiaries were residents of Louisiana; the accident took place in Louisiana; the worker was officially employed in Louisiana; and the workers’ compensation insurance policy was governed by, and benefits were paid under, Louisiana law. The only “contact” with Arkansas [2], meanwhile, was that Arkansas was the defendant’s domicile. Read the court decision
    Read the full story...
    Reprinted courtesy of Robert M. Caplan, White and Williams LLP
    Mr. Caplan may be contacted at caplanr@whiteandwilliams.com

    Architect Sues over Bidding Procedure

    November 13, 2013 —
    The city of Louisville, Ohio is being sued by an architect who claims that city officials split projects into parts in order to circumvent state laws on public bidding. Rodney Meadows, the architect who filed the suit, also claims he is not motivated by any interest in working for the city. “I wouldn’t want to work with them,” he said. Nor is he seeking damages in the suit. The project at contention is Louisville’s renovations of an existing building for the Police Department. The city has spent $328,692 on the renovations, but state law says that projects costing more than $25,000 or $50,000 (depending on other matters) must be put out for public bidding. But city officials contend they haven’t broken the law. “A significant amount of work was done by our own people,” said E. Thomas Ault, the Louisville city manager. Read the court decision
    Read the full story...
    Reprinted courtesy of