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    Fairfield, Connecticut

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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


    You’re Only as Good as Those with Whom You Contract

    ADP Says Payrolls at Companies in U.S. Increase 200,000

    SEC Climate Change Disclosure Letter Foreshadows Anticipated Regulatory Changes

    Building Recovery Comes to Las Vegas, Provides Relief

    Waive Not, Want Not: Waivers and Releases on California Construction Projects

    Another Colorado Construction Defect Reform Bill Dies

    Subcontract Should Flow Down Delay Caused by Subcontractors

    Appraisal Process Analyzed

    Bad Welds Doom Art Installation at Central Park

    Construction Defects Up Price and Raise Conflict over Water Treatment Expansion

    Updates to the CEQA Guidelines Have Been Finalized

    CGL Policies and the Professional Liabilities Exclusion

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

    How to Get Your Bedroom Into the Met Museum

    Latest Updates On The Coronavirus Pandemic

    Jersey Shore Town Trying Not to Lose the Man vs. Nature Fight on its Eroded Beaches

    Risky Business: Contractual Protections in the 'New Normal'

    Insurer's Failure to Settle Does Not Justify Multiple Damages under Unfair Claims Settlement Law

    24th Annual West Coast Casualty Construction Defect Seminar A Success

    Lessee Deemed Statutory Employer, Immune from Tort Liability by Pennsylvania Court

    Ritzy NYC Tower Developer Says Residents’ Lawsuit ‘Ill-Advised’

    Tender the Defense of a Lawsuit to your Liability Carrier

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    Withdrawal Liability? Read your CBA

    Collapse of Breezeway Attached to Building Covered

    A Word to the Wise about Construction Defects

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    AGC’s 2024 Construction Outlook. Infrastructure is Bright but Office-Geddon is Not

    Construction Law- Where Pragmatism and Law Collide

    The Trend in the Economic Loss Rule in Construction Defect Litigation

    Disrupt a Broken Industry—The Industrial Construction Sandbox

    VOSH Jumps Into the Employee Misclassification Pool

    Federal Court Dismisses Coverage Action in Favor of Pending State Proceeding

    Concurrent Causation Doctrine Applies Where Natural and Man-made Perils Combine to Create Loss

    Appeals Court Affirms Carrier’s Duty to Pay Costs Taxed Against Insured in Construction Defect Suit

    Civility Is Key in Construction Defect Mediation

    Funding the Self-Insured Retention (SIR)

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

    N.J. Voters Approve $116 Million in School Construction

    Residential Mortgage Lenders and Servicers Beware of Changes to Rule 3002.1

    Expansion of Statutes of Limitations and Repose in K-12 and Municipal Construction Contracts

    Fixing the Problem – Not the Blame

    Crowdfunding Comes to Manhattan’s World Trade Center

    Coping with Labor & Install Issues in Green Building

    What to do about California’s Defect-Ridden Board of Equalization Building

    Congratulations to Jonathan Kaplan on his Promotion to Partner!

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    How Technology Reduces the Risk of Façade Defects

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    CGL Insurer’s Duty To Defend Broader Than Duty To Indemnify And Based On Allegations In Underlying Complaint
    Corporate Profile

    FAIRFIELD CONNECTICUT BUILDING EXPERT
    DIRECTORY AND CAPABILITIES

    The Fairfield, Connecticut Building Expert Group is comprised from a number of credentialed construction professionals possessing extensive trial support experience relevant to construction defect and claims matters. Leveraging from more than 25 years experience, BHA provides construction related trial support and expert services to the nation's most recognized construction litigation practitioners, Fortune 500 builders, commercial general liability carriers, owners, construction practice groups, and a variety of state and local government agencies.

    Building Expert News & Info
    Fairfield, Connecticut

    Technology and the Environment Lead Construction Trends That Will Continue Through 2019

    June 03, 2019 —
    There are common factors that have always defined trends in the construction industry. Elements such as labor (be it shortages or surpluses), the economy and technology determine what gets built where, when and how. These elements have led to the rise of entire philosophies to boost profits and maximize value, such as the lean construction movement. Often these trends appear in the form of answers that help construction companies eliminate waste, curb overproduction, use talent properly, manage inventory more effectively, boost process workflow, reduce defects, and help to plan and schedule projects more efficiently. In 2019, two factors are driving trends that are overtaking the industry: technology and the environment. They’re not only informing construction industry trends today, but they’re going to last and evolve into the foreseeable future. Offsite construction becomes standard Obviously, this isn’t a new trend. The earliest origins of this method, at least in North America, date to colonists importing pre-packaged construction materials from Europe to the New World in the 17th century. Then there were the kit homes sold by Sears, Roebuck, and Co. at the turn of the 20th century. And of course, the trend reached its zenith in the World War II construction boom with pre-fab companies selling ready-to-go homebuilding components to builders. Reprinted courtesy of Ryan Gould, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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    New American Home Construction Nears Completion Despite Obstacles

    January 29, 2014 —
    Construction of the New American Home in Las Vegas, Nevada, to be completed for the 2014 International Builders’ Show, has faced enormous challenges, according to Jennifer Goodman writing for Big Builder. Josh Anderson, owner of Element Building Co., told Goodman “he couldn’t have imagined what lay ahead when he signed on in fall 2012 to the project, which is co-sponsored by BUILDER and the NAHB.” Challenges began during the “design phase” when Anderson “was troubled by the sitting of the house on its lot in the tony Sky Terrace subdivision.” Furthermore, he “balked at the floor plan, which encompassed a traditional design aesthetic and opulent touches.” The project’s architect, Barry Berkus, passed away in late 2012, and his son, Jeffrey Berkus, took over for him. After the plans were “complete and approved by the city,” a labor shortage in Las Vegas made it “particularly difficult to find skilled framers.” The shortage also increased labor costs. Anderson also contended with weather anomalies: “Over the summer, the area set a record for the most consecutive wet days in 30 years. Winds blew sawdust and rain into the open structure, ruining 350 sheets of drywall and slowing down construction,” according to Big Builder. The “mammoth project” is close to completion. Anderson told Big Builder, “I’ve always been a sucker for a challenge.” Read the court decision
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    Reprinted courtesy of

    Tall and Sustainable Is Not an Easy Fix

    June 01, 2020 —
    Way back in 2009, I discussed the interaction between taller and taller buildings and sustainable (“green”) building. Back then, the reference was to the construction of skyscrapers in the Middle East and Europe. The initially referenced ENR article was written in the context of an urban retrofit of some of Chicago’s taller buildings to make them more sustainable. Just this week, ENR published another article relating to sustainability and super tall buildings. The gist of the article is that while many see taller (rather than wider) as the trend to meld an urban population explosion with more sustainable building practices, this goal is not an easy one to meet. For one, according to the article, energy performance metrics are hard to obtain, both due to the relative newness of these buildings and the seeming reluctance of certain owners to provide the data. Bob Pratt, a managing director in the Shanghai office of developer Tishman Speyer Properties, is quoted in the article, stating
    Once we have measuring sticks about performance, we will know what to do” to make buildings sustainable.
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    Reprinted courtesy of The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at chrissghill@constructionlawva.com

    Critical Updates in Builders Risk Claim Recovery: Staying Ahead of the "Satisfactory State" Argument and Getting the Most Out of LEG 3

    December 11, 2023 —
    Builders risk claims routinely involve complicated and aggressive debate about the interplay between covered physical loss and uncovered faulty work. However, denials on this front have recently experienced a noticeable uptick in frequency, creativity, and aggressiveness. The insurer arguments concentrate in two key areas with a common theme – that any damage associated with a construction defect is not covered:
    1. Defective construction does not qualify as a “physical” loss to trigger the insuring agreement; and
    2. Any natural results of defective construction are excluded as faulty workmanship, even with favorable LEG 3 or similar language.
    Neither of these arguments should impede access to coverage in the majority of scenarios. To ensure as much, it is incumbent on the savvy policyholder to understand the insurer tactics, be prepared to spot them early, and have thoughtful counter positions at the ready to address them decisively. Reprinted courtesy of Gregory D. Podolak, Saxe Doernberger & Vita, P.C. and Cheryl L. Kozdrey, Saxe Doernberger & Vita, P.C. Mr. Podolak may be contacted at GPodolak@sdvlaw.com Ms. Kozdrey may be contacted at CKozdrey@sdvlaw.com Read the court decision
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    Construction Law Alert: Appellate Court Rules General Contractors Can Contractually Subordinate Mechanics Lien Rights

    November 26, 2014 —
    In Moorefield Construction, Inc. v. Intervest-Mortgage Investment Co., 230 Cal. App. 4th 146 (4th Dist. 2014), a California appellate court upheld an agreement executed by a general contractor which subordinated its mechanic’s lien to a construction lender’s deed of trust. In 2006, developer DBN Parkside LLC ("DBN") purchased land in San Jacinto, California (the "property") to build a medical complex (the "project"). DBN hired Moorefield Construction, Inc. (“Moorefield”) to act as general contractor and sought funding for the project from Intervest-Mortgage Investment Company (“Intervest”). Prior to the recordation of the construction loan, and unbeknownst to Intervest, Moorefield cleared and grubbed the project site. Pursuant to the construction loan agreement, Intervest required DBN to assign its rights and remedies under the construction contract to Intervest. Under its construction contract, Moorefield agreed to subordinate its lien rights to the construction loan. Reprinted courtesy of Haight Brown & Bonesteel LLP attorneys Steven M. Cvitanovic, Jessica M. Lassere Ryland and Colin T. Murphy Mr. Cvitanovic may be contacted at scvitanovic@hbblaw.com; Ms. Lassere Ryland may be contacted at jlassere@hbblaw.com; and Mr. Murphy may be contacted at cmurphy@hbblaw.com Read the court decision
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    Reprinted courtesy of

    Liability Coverage For Construction Claims May Turn On Narrow Factual Distinctions

    March 25, 2024 —
    In a recent trial court decision, a Montana federal court reminds us how fragile insurance coverage can be for construction-related insurance claims. Specifically, this case illustrates how seemingly small factual nuances can make or break coverage. The case turned on the application of policy provisions familiar to all who deal with these kinds of cases. (See Nautilus Ins. Co. v. Farrens, No. CV 22-193-M-DWM, 2024 WL 885109 (D. Mont. Mar. 1, 2024)) First, the court rebuffed the insurer’s argument that damage resulting from defective workmanship (in this case, the flawed design and installation of an elaborate floating-floor pool system) is not “caused by an occurrence.” The court correctly applied the test followed by most states: if either act causing injury is unintentional or the resulting injury is unexpected or unintended, the “occurrence” requirement is met. Fortunately, the court distinguished sloppy language from earlier Montana federal court decisions suggesting otherwise. Read the court decision
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    Reprinted courtesy of Scott S. Thomas, Payne & Fears
    Mr. Thomas may be contacted at sst@paynefears.com

    The Best Laid Plans: Contingency in a Construction Contract

    September 13, 2021 —
    This article is the first of a three-part series on contingencies in construction contracts. This series will explain:
    • what a construction contingency is;
    • the two primary schools of thought regarding how a construction contingency fund should be used and managed; and
    • construction contract drafting considerations for contingency clauses.
    Armed with this information, owners and contractors will be better equipped to tackle the inevitable project surprises. Life is full of surprises, some good and some not too good. Surprises during construction are seldom welcome events. However, experienced owners and contractors know to expect the unexpected and plan accordingly by including contingency funds in their budgets. For them, the question is not whether or not to include a contingency, but how much to set aside and how to structure and manage the fund. Reprinted courtesy of Josh Levy, Katesha Long & Samantha Schacht, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Ms. Schacht may be contacted at samantha.schacht@huschblackwell.com Ms. Long may be contacted at katesha.long@huschblackwell.com Read the court decision
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    Commencing of the Statute of Repose for Construction Defects

    November 08, 2021 —
    Florida has a ten-year statute of repose which applies predominantly to construction defect claims. This can be found in Florida Statute s. 95.11(3)(c). After ten years, any rights relative to a construction defect claim are time-barred. However, the statute of repose date has been watered down and can be made to be more of a factual question due to the lack of objectivity as to the date that starts the ten-year repose clock. The watering down of the statute of repose date benefits parties asserting construction defect claims provided they strategically appreciate the question of fact that can be created when up against the statute of repose. Stated differently, when up against the clock to assert a construction defect claim, strategically develop those facts, evidence, and arguments to maximize creating a question of fact as to when the statute of repose clock commenced. Conversely, as a defendant sued for construction defects, you want to maximize the facts, evidence, and arguments to fully establish the date the statute of repose clock had to commence for purposes of a statute of repose defense. The recent opinion in Spring Isle Community Association, Inc. v. Herme Enterprises, Inc., 46 Fla. L. Weekly D2306b (Fla. 5th DCA 2021) demonstrates the factual question associated with the clock that starts the statute of repose date. This factual question is created by Florida Statute s. 95.11(3)(c) that provides:
    [T]he action [founded on the design, planning, or construction of an improvement to real property] must be commenced within 10 years after the date of actual possession by the owner, the date of the issuance of a certificate of occupancy, the date of abandonment of construction if not completed, or the date of completion or termination of the contract between the professional engineer, registered architect, or licensed contractor and his or her employer, whichever date is latest.
    Spring Isle Community Association, supra. (Note, see also current s. 95.11(3)(c) version in effect per hyperlink above.)
    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