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

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    Building Expert News and Information
    For Fairfield Connecticut


    New York Governor Expected to Sign Legislation Greatly Expanding Recoverable Damages in Wrongful Death Actions

    Personal Injury Claims – The Basics

    The Colorado Supreme Court holds that loans made to a construction company are not subject to the Mechanic’s Lien Trust Fund Statute

    Ex-Pemex CEO Denies Allegations of Involvement in Brazil Scandal

    A Few Green Building Notes

    Boilerplate Contract Language on Permits could cause Problems for Contractors

    Residential Construction Rise Expected to Continue

    Fifth Circuit Finds Duty to Defend Construction Defect Case

    Attorneys' Fees Awarded "Because Of" Property Damage Are Covered by Policy

    Cameron Kalunian to Speak at Casualty Construction Defect Seminar

    Real Estate & Construction News Round-Up (10/27/21)

    Real Estate & Construction News Roundup (04/18/23) – Clean Energy, Critical Infrastructure and Commercial Concerns

    Newark Trial Team Secures Affirmance of ‘No Cause’ Verdict for Nationwide Housing Manager & Developer

    Five LEED and Green Construction Trends to Watch in 2020

    Delays and Suspension of the Work Under Fixed Price Government Contract

    Schools Remain Top Priority in Carolinas as Cleanup From Storms Continues

    New York Court Narrowly Interprets “Expected or Intended Injury” Exclusion in Win for Policyholder

    A Murder in Honduras Reveals the Dark Side of Clean Energy

    Dust Obscures Eleventh Circuit’s Ruling on “Direct Physical Loss”

    Patti Santelle Honored by Rutgers School of Law with Arthur E. Armitage Sr. Distinguished Alumni Award

    Working Safely With Silica: Health Hazards and OSHA Compliance

    Oracle Sues Procore, Claims Theft of Trade Secrets for ERP Integration

    Be Careful How You Terminate: Terminating for Convenience May Limit Your Future Rights

    Are You Ready For 2015?

    Settlement Reached in California Animal Shelter Construction Defect Case

    New Jersey Construction Company Owner and Employees Arrested for Fraud

    Reminder: Always Order a Title Search for Your Mechanic’s Lien

    Concerns About On-the-job Safety Persist

    Appraisal Award for Damaged Roof Tiles Challenged

    HVAC System Collapses Over Pool at Gaylord Rockies Resort Colorado

    Former Hoboken, New Jersey Mayor Disbarred for Taking Bribes

    Construction Executives Should Be Dusting Off Employee Handbooks

    No Additional Insured Coverage Under Umbrella Policy

    Pinterest Nixes Big San Francisco Lease Deal in Covid Scaleback

    Damages to Property That is Not the Insured's Work Product Are Covered

    Sales of New U.S. Homes Surged in August to Six-Year High

    Coyness is Nice. Just Not When Seeking a Default Judgment

    Following Pennsylvania Trend, Federal Court Finds No Coverage For Construction Defect

    Broker for Homeowners Policy Has No Duty to Advise Insureds on Excess Flood Coverage

    Badly Constructed Masonry Walls Not an Occurrence in Arkansas Law

    Fannie-Freddie Propose Liquidity Rules for Mortgage Insurers

    Terminating the Notice of Commencement (with a Notice of Termination)

    Value In Being Deemed “Statutory Employer” Under Workers Compensation Law

    U.S. Department of Defense Institutes New Cybersecurity Maturity Model Certification

    Constructive Changes – A Primer

    A Glimpse Into Post-Judgment Collections and Perhaps the Near Future?

    Medical Center Builder Sues Contracting Agent, Citing Costly Delays

    Mass. Gas Leak Follows NTSB Final Report, Call for Reforms

    Carillion Fallout Affects Major Hospital Project in Liverpool

    Red Tape Is Holding Up a Greener Future
    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. 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.

    Building Expert News & Info
    Fairfield, Connecticut

    Were Quake Standards Illegally Altered for PG&E Nuclear Power Plant?

    October 29, 2014 —
    An environmental group has brought a lawsuit alleging that “[f]ederal regulators secretly and illegally revised the license for California’s last nuclear power facility — PG&E’s Diablo Canyon — to mask the aging plant’s vulnerability to earthquakes,” according to SF Gate. Friends of the Earth’s “suit claims that the Nuclear Regulatory Commission and Pacific Gas and Electric Co. last year changed a key element of the plant’s license related to seismic safety without allowing public input as required by law — or even notifying the public at all.” However, spokesman Blair Jones claimed that “Friends of the Earth continues to mischaracterize the facts regarding seismic safety at Diablo Canyon. The facts are Diablo Canyon was built with earthquake safety at the forefront, is a seismically safe facility, and is in compliance with NRC licensing requirements.” Read the court decision
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    Reprinted courtesy of

    Alleging Property Damage in Construction Defect Lawsuit

    September 14, 2020 —
    When there is a construction defect lawsuit, there is an insurance coverage issue or consideration. As I have said repeatedly in other articles, it is all about maximizing insurance coverage regardless of whether you are the plaintiff prosecuting the construction defect claim or the contractor(s) alleged to have committed the construction defect and property damage. It is about triggering first, the insurer’s duty to defend, and second, the insurer’s duty to indemnify its insured for the property damage. The construction defect claim and lawsuit begins with how the claim and, then, lawsuit is couched knowing that the duty to defend is triggered by allegations in the lawsuit (complaint). Thus, preparing the lawsuit (complaint) is vital to maximize the insurer’s duty to defend its insured. In a recent opinion out of the Eleventh Circuit, Southern-Owners Ins. Co. v. MAC Contractors of Florida, LLC, 2020 WL 4345199 (11th Cir. 2020), a general contractor was sued for construction defects in the construction of a custom home. A dispute arose pre-completion and the owner hired another contractor to complete the house and remediate construction defects. The contractor’s CGL insurer originally provided a defense to the general contractor but then withdrew the defense and filed an action for declaratory relief asking for the declaration that it had no duty to defend the contractor because the underlying lawsuit did NOT allege property damage. The trial court agreed with the contractor and granted summary judgment in its favor finding that the underlying complaint did not allege property damage beyond defective work. But, on appeal, the Eleventh Circuit reversed. Read the court decision
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    Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
    Mr. Adelstein may be contacted at dma@kirwinnorris.com

    Second Circuit Brings Clarity To Scope of “Joint Employer” Theory in Discrimination Cases

    May 02, 2022 —
    The “joint employer” doctrine has been used with increasing frequency by the plaintiffs’ bar to broaden the scope of target defendants in discrimination cases beyond those who would be traditionally regarded as the employer. This is true even in the construction industry, which has seen a rise in cases where general contractors (“GC”) or construction managers (“CM”) are being targeted when discrimination is alleged on a construction project, even when the GC or CM is far removed from the underlying events and had no control over the employees in question. Examples of this phenomenon are where a claim of harassment or discrimination originates in the lower tier ranks of subcontractors, or even where there is a claim involving an independent contractor on a project and a discrimination lawsuit ensues. Until now, the Courts in the federal circuit which includes New York City (the Second Circuit) have been left to decipher a patchwork of case law to ascertain the scope and extent of joint employer liability in discrimination cases. In a move that is certainly welcomed by contractors, the Second Circuit Court of Appeals in Felder v. United States Tennis Association, et al., 19-1094, recently issued a comprehensive decision which provides a helpful summary of what must be pled and proven to broaden liability under the joint employer theory in discrimination cases. Felder provides a roadmap for risk mitigation by contractors looking to limit such claims in the future or to meet them head on when they do arise. Reprinted courtesy of Kevin J. O’Connor, Peckar & Abramson (ConsensusDocs), Aaron C. Schlesinger, Peckar & Abramson (ConsensusDocs) and Lauren R. Davis, Peckar & Abramson (ConsensusDocs) Mr. O'Connor may be contacted at koconnor@pecklaw.com Mr. Schlesinger may be contacted at aschlesinger@pecklaw.com Ms. Davis may be contacted at ldavis@pecklaw.com Read the court decision
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    Design Professional Liens: A Blueprint

    March 12, 2015 —
    If you work in the construction industry in California you’re likely familiar with mechanics liens. But there’s one other type of lien available on construction projects in California: The design professional lien. So, here’s a blueprint of what you need to know. What is a design professional lien? A design professional lien, like a mechanics lien, creates a security interest in real property for services rendered by a design professional prior to commencement of construction. If the design professional is not paid, the design professional can file a lawsuit to foreclose on the design professional lien to have the property sold and the proceeds from the sale used to satisfy the amount of the design professional lien. Read the court decision
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    Reprinted courtesy of Garret Murai, Wendel Rosen Black & Dean LLP
    Mr. Murai may be contacted at gmurai@wendel.com

    Affirmed: Nationwide Acted in Bad Faith by Failing to Settle Within Limits

    July 19, 2017 —
    The Eleventh Circuit recently affirmed that Nationwide acted in bad faith by refusing to settle a claim against its insured for the policy limits, exposing the policyholder to an excess verdict.1 The case arose out of a 2005 automobile accident where Seung Park, who was insured by Nationwide, struck and killed another driver, Stacey Camacho. Shortly after the accident, Ms. Camacho’s estate issued a time-limited demand for the full limits of the policy Nationwide issued to Mr. Park, $100,000, to settle the case. After the deadline to respond to the demand expired, Nationwide rejected the demand and made a counteroffer. A settlement could not be reached and a wrongful death suit was filed against Mr. Park, resulting in a massive jury verdict of $5.83 million. Following the jury verdict, Mr. Park assigned his rights against Nationwide to Ms. Camacho’s estate, which then filed claims for negligence and bad faith failure to settle against Nationwide. The case was tried to a jury, which found in favor of the estate. Read the court decision
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    Reprinted courtesy of Bethany Barrese, Saxe Doernberger & Vita, P.C.
    Ms. Barrese may be contacted at blb@sdvlaw.com

    Design-Build Contracting for County Road Projects

    September 19, 2022 —
    Effective July 1, 2022, counties may execute design-build contracts for transportation-related projects that include buildings, bridges and approaches, rail corridors, technology deployments, and limited- or controlled-access project, or projects that may be constructed within existing rights of way when the work is clearly defined or when significant savings may result in project delivery time.[1] Additionally, counties may combine any environmental services, utility-relocation services, right-of-way services, design services, and construction phases of a public road or other project into a single design-build contract. Reprinted courtesy of David R. Cook Jr., Autry, Hall & Cook, LLP Mr. Cook may be contacted at cook@ahclaw.com Read the full story... Read the court decision
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    Apartment Investors Turn to Suburbs After Crowding Cities

    March 12, 2015 —
    (Bloomberg) -- Real estate investor Robert Hart pulled into the lot of a 400-unit apartment community in a San Diego suburb last month, prepared to pay up for the recently completed project on a quiet residential street. A competitor from a publicly traded landlord was already there, he said. “It was on the one hand reassuring to know that we were both chasing the same opportunity,” said Hart, president and chief executive officer of closely held TruAmerica Multifamily. “On the other hand, it reinforced my opinion that large institutional real estate investors will be chasing yield far beyond the urban core.” Reprinted courtesy of Nadja Brandt, Bloomberg and Oshrat Carmiel, Bloomberg Ms. Brandt may be contacted at nbrandt@bloomberg.net Ms. Carmiel may be contacted at ocarmiel1@bloomberg.net Read the court decision
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    Pennsylvania Considers Changes to Construction Code Review

    November 06, 2013 —
    Pennsylvania may soon change how it adopts changes to its implementation of the Uniform Construction Code, but it’s not clear which method will be adopted, as the Pennsylvania House and Senate have competing bills. In the Senate bill (SB1023), the only change would be that any changes to the Uniform Building Code made by the International Code Council would automatically become part of the Pennsylvania building code, unless rejected by a two-thirds vote of the Pennsylvania UCC Review and Advisory Council. Under current Pennsylvania law, changes are adopted only with a two-thirds approval of the RAC. The House bill (HB1209), separates the commercial code from the residential code. Under the House proposal, the RAC would reject changes to the commercial building code on a two-thirds vote, otherwise they would be adopted, but in the residential building code, changes would be rejected unless the RAC approved them by a two-thirds vote. Read the court decision
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    Reprinted courtesy of