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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


    When “Substantially Similar” Means “Fundamentally Identical”: Delaware Court Enforces Related Claim Provision to Deny D&O Coverage for Securities Class Action

    White and Williams Obtains Reversal on Appeal of $2.5 Million Verdict Against Electric Utility Company

    White and Williams Announces Lawyer Promotions, Four Attorneys Promoted to Partner and One Attorney Promoted to Counsel

    Narrow House Has Wide Opposition

    Quick Note: Mitigation of Damages in Contract Cases

    Courthouse Reporter Series: The Travails of Statutory Construction...Defining “Labor” under the Miller Act

    Reduce Suicide Risk Among Employees in Remote Work Areas

    New Homes in Palo Alto to Be Electric-Car Ready

    New Zealand Using Plywood Banned Elsewhere

    The Great Skyscraper Comeback Skips North America

    Carolinas Storm Damage Tally Impeded by Lingering Floods

    Florida Legislative Change Extends Completed Operations Tail for Condominium Projects

    Philadelphia Enacts Commercial Property Assessed Clean Energy (C-PACE) Program

    Traub Lieberman Partner Bradley T. Guldalian Wins Summary Judgment in Pinellas County Circuit Court

    California Supreme Court Finds that When it Comes to Intentional Interference Claims, Public Works Projects are Just Different, Special Even

    Contractor Jailed for Home Repair Fraud

    Colorado Court of Appeals holds that insurance companies owe duty of prompt and effective communication to claimants and repair subcontractors

    Four Things Construction Professionals Need to Know About Asbestos

    District Court Awards Summary Judgment to Insurance Firm in Framing Case

    Will Protecting Copyrights Get Easier for Architects?

    Did Deutsche Make a Deal with the Wrong Homeowner?

    New York’s Second Department Holds That Carrier Must Pay Judgment Obtained by Plaintiff as Carrier Did Not Meet Burden to Prove Willful Non-Cooperation

    Construction Litigation Roundup: “I Never Had a Chance”

    Leaning San Francisco Tower Seen Sinking From Space

    Creeping Incrementalism in Downstream Insurance: Carriers are Stretching Standard CGL Concepts to Untenable Limits

    If You Purchase a House at an HOA Lien Foreclosure, Are You Entitled to Excess Sale Proceeds?

    Forecast Sunny for Solar Contractors in California

    Design Immunity of Public Entities: Sometimes Designs, Like Recipes, are Best Left Alone

    Jury Trials and Mediation in Philadelphia County: Virtually in Person

    Public-Private Partnerships: When Will Reality Meet the Promise?

    Construction Litigation Roundup: “Indeed, You Just Design ‘Em”

    The Little Ice Age and Delay Claims

    Does a Contractor (or Subcontractor) Have to Complete its Work to File a Mechanics Lien

    Anchoring Abuse: Evolution & Eradication

    Not So Fast, My Friend: Pacing and Concurrent Delay

    Robots on Construction Sites Are Raising Legal Questions

    Rather Than Limit Decision to "That Particular Part" of Developer's Policy Necessary to Bar Coverage, 10th Circuit Renders Questionable Decision on Exclusion j(6)

    Architect Norman Foster Tells COP26: Change 'Traditional' City Design to Combat Climate Change

    Todd Seelman Recognized as Fellow of Wisconsin Law Foundation

    While Construction Permits Slowly Rise, Construction Starts and Completions in California Are Stagnant

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

    General Liability Alert: A Mixed Cause of Action with Protected and Non-Protected Activity Not Subject to Anti-SLAPP Motion

    Appraisal Panel Can Determine Causation of Loss under Ohio Law

    A Primer on Suspension and Debarment for Federal Construction Projects

    UK Court Rules Against Bechtel in High-Speed Rail Contract Dispute

    New York Court Discusses Evidentiary Standards for Policy Rescission Based on Material Misrepresentation

    Boilerplate Contract Language on Permits could cause Problems for Contractors

    Insurer Obligated to Cover Preventative Remediation of Construction Defects

    Scope of Alaska’s Dump Lien Statute Substantially Reduced For Natural Gas Contractors

    Real Estate & Construction News Round-Up (09/21/22) – 3D Printing, Sustainable Design, and the Housing Market Correction
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    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

    Wow! A Mechanic’s Lien Bill That Helps Subcontractors and Suppliers

    March 05, 2015 —
    You know how I’ve stated on many occasions that the contract is king here in Virginia? You know how that included contractual provisions waiving mechanic’s lien rights for subcontractors and suppliers? You know how I thought that the General Assembly would not do anything to make mechanic’s liens in Virginia easier to prosecute? Well, it seems, at least for waivers of mechanic’s lien rights by subcontractors and suppliers (more about general contractors later) I was wrong. This General Assembly session, the Senate introduced a bill, that has now passed both houses as of February 25, 2015, that adds language to Virginia Code Section 43-3 that effectively nullifies any contractual waiver of lien rights prior to any work having been performed by any tier of construction company aside from general contractors. 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

    Arctic Fires Are Melting Permafrost That Keeps Carbon Underground

    December 27, 2021 —
    Few things signal something's gone haywire on the planet quite like frozen land on fire. Now scientists have determined that Arctic fires, even milder ones, can reshape a landscape for decades, in ways that may make it even harder to keep global heating from eclipsing international goals. It's mostly rising temperatures that are thawing out frozen Arctic ground but northern blazes — already increasing — are now understood to play a disproportionate role, according to a study published last week in the journal One Earth. Previous research has shown that higher temperatures, drier soil and more lightning storms will lead to more fires. That work, with the new paper, mean that “in the future we might expect to see an outsized influence on thaw from the fires that will likely increase," said Róisín Commane, a Columbia University assistant professor who studies atmospheric composition and wasn’t involved in the new study. Read the court decision
    Read the full story...
    Reprinted courtesy of Eric Roston, Bloomberg

    Quick Note: Unenforceable Language in Arbitration Provision

    November 06, 2018 —
    Although arbitration is a dispute resolution provision provided for in a contract, the scope of judicial review of an arbitrator’s award is still governed by law. There are limited circumstances in which an arbitrator’s award can be challenged under the law. One of those circumstances is not because a party believes that an arbitrator applied the incorrect law. Read the court decision
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    Reprinted courtesy of David Adelstein, Kirwin Norris
    Mr. Adelstein may be contacted at dma@kirwinnorris.com

    Boston Catwalk Collapse Injures Three Workers

    May 10, 2022 —
    The collapse of a catwalk in a defunct, 124-year-old power plant building in Boston on May 4 injured three workers in the latest in a spate of serious construction accidents in the city and its environs. Reprinted courtesy of Scott Van Voorhis, Engineering News-Record ENR may be contacted at enr@enr.com Read the full story... Read the court decision
    Read the full story...
    Reprinted courtesy of

    Overview of New Mexico Construction Law

    June 25, 2019 —
    We’ve seen an uptick in out-of-state companies working on construction projects in New Mexico. The following is an overview of some of the nuances of New Mexico construction law about which companies may want to be aware. Construction Contract Issues Limitation of Liability Clauses are usually Enforceable, but Anti-Indemnity Clauses Are Not New Mexico courts have enforced limitation of liability clauses included in construction contracts. See Fort Knox Self Storage, Inc. v. W. Techs., Inc., 140 N.M. 233, 237 (N.M. Ct. App 2006). New Mexico law recognizes the difference between contracts that insulate a party from any and all liability and those that simply limit liability. Fort Knox Self Storage, Inc., 140 N.M. 233 at 237. An exculpatory clause immunizes a party from liability, whereas a limitation of liability clause merely curtails liability. Id. A limitation of liability clause has been held not to violate New Mexico public policy because the party “still bears substantial responsibility for its actions.” Id.; see also Cowan v. D'Angelico, 2010 WL 11493789, *6 (D. N.M. Apr. 26, 2010). Read the court decision
    Read the full story...
    Reprinted courtesy of Walker F. Crowson, Snell & Wilmer
    Mr. Crowson may be contacted at wcrowson@swlaw.com

    Montana Federal District Court Finds for Insurer in Pollution Coverage Dispute

    October 24, 2021 —
    Applying Louisiana law, a recent federal court decision exemplifies why policyholders should thoroughly read claims-made policies to understand when notice is due to insurers and truthfully complete policy applications. In Admiral Insurance Company v. Dual Trucking, Inc.,1 the Court determined the insurer, Admiral Insurance Company (“AIC”), owed no duty to defend or indemnify Dual Trucking and Transport, LLC (“DTT”), Dual Trucking of Montana, LLC (“DTM”), and Dual Trucking, Inc. (“DTI”) (collectively, the “Dual Entities”) under two Environmental Impairment Liability Policies (“EIL Policies”) and four Contractor Pollution Liability Policies (“CPL Policies”). The Court justified its decision because the Dual Entities: 1) did not give notice during the 2012-2013 EIL Policy period; 2) had discovered or knew of, but did not disclose, potential pollution conditions before the inception of the 2013-2014 EIL Policy and before the expiration of the extended reporting period of the 2012-2013 EIL Policy; 3) failed to provide AIC with notice during the extended reporting period of the 2013-2014 EIL Policy of claims for which the Dual Entities were seeking coverage; and 4) materially misrepresented known facts on the CPL Policy applications. I. Factual Background. The Dual Entities were Louisiana-based companies that provided oilfield equipment rental services. In 2011, the Dual Entities leased land in Montana under three leases, collectively referred to as “the Bainville site.” Shortly afterward, the Dual Entities applied for, and AIC issued, an EIL Policy and two CPL Policies with a policy period of October 1, 2012, to October 1, 2013. AIC renewed all three policies for the October 1, 2013, to October 1, 2014, policy period. Read the court decision
    Read the full story...
    Reprinted courtesy of Melanie A. McDonald, Saxe Doernberger & Vita
    Ms. McDonald may be contacted at MMcDonald@sdvlaw.com

    "Repair Work" Endorsements and Punch List Work

    May 20, 2019 —
    The recent white paper on Repair Work Endorsements by Jeremiah Welch, drew a storm of responses. Most were appreciative and included follow up questions, but there were those that lamented along the lines of: “How can that be? We’ve been doing it this way for years…”. For the skeptics, the best approach to test the premise of the paper (that most “repair work endorsements” are at best redundant with the PCO extension and at worst restrictive) is to try to formulate a scenario where coverage would be available under a “repair work endorsement” but not under a PCO extension. Several folks asked about the impact of PCO extensions and repair work endorsements on “punch list” work. “Punch list” work presents a related but different problem. The first issue is understanding what is meant by the term “punch list”. You won’t find that term in an ISO CGL policy. You may find it defined in a construction contract and a Google search will yield several similar definitions. In general, our industry uses the term “punch list” to describe items identified toward the end of a project (often after the contractually defined point of “substantial completion”) which must be completed in order to fully comply with the contract requirements/scope. In short, “punch list” items are items necessary to complete the work. Read the court decision
    Read the full story...
    Reprinted courtesy of Jeremiah M. Welch, Saxe Doernberger & Vita, P.C.
    Mr. Welch may be contacted at jmw@sdvlaw.com

    Wendel Rosen’s Construction Practice Group Receives “Tier 1” Ranking by U.S. News and World Reports

    November 10, 2016 —
    Wendel Rosen’s Construction Practice Group has received a “Tier 1” ranking by U.S. News and World Reports in its 2017 Best Law Firms rankings and the firm as a whole has been named one of the “Best Law Firms.” This is the fourth consecutive year that Wendel Rosen’s Construction Practice Group has achieved a “Tier 1” ranking. Read the court decision
    Read the full story...
    Reprinted courtesy of Garret Murai, Wendel Rosen Black & Dean LLP
    Mr. Murai may be contacted at gmurai@wendel.com