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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

    Fairfield Connecticut Building Expert 10/ 10

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

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

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    Building Expert News and Information
    For Fairfield Connecticut


    No Duty to Defend Construction Defect Claims

    Builder Survey Focuses on Green Practices of Top 200 Builders

    U.S. Army Corps Announces Regulatory Program “Modernization” Plan

    Hawaii Federal District Court Rejects Insurer's Motion for Summary Judgment on Construction Defect Claims

    Construction Defects and Commercial General Liability in Illinois

    The Housing Market Is Softening, But Home Depot and Lowe's Are Crushing It

    Luxury Homes Push City’s Building Permits Past $7.5 Million

    Design Professional Needs a License to be Sued for Professional Negligence

    The “Program Accessibility” Exception for Public Entities Under the ADA

    State Farm Too Quick To Deny Coverage, Court Rules

    Under Colorado House Bill 17-1279, HOA Boards Now Must Get Members’ Informed Consent Before Bringing A Construction Defect Action

    Insurer Has Duty to Defend Sub-Contractor

    Who Would Face Liability For Oroville Dam Management: Brett Moore Authors Law360 Article

    New York City Dept. of Buildings Explores Drones for Facade Inspections

    Insurers Dispute Sharing of Defense in Construction Defect Case

    Generally, What Constitutes A Trade Secret Is A Question of Fact

    South Carolina’s New Insurance Data Security Act: Pebbles Before a Landslide?

    Trump, Infrastructure and the Construction Industry

    How BIM Helps Make Buildings Safer

    Robots on Construction Sites Are Raising Legal Questions

    6,500 Bridges in Ohio Allegedly Functionally Obsolete or Structurally Deficient

    Congratulations Devin Brunson on His Promotion to Partner!

    No Coverage for Additional Insured After Completion of Operations

    No Global MDL for COVID Business Interruption Claims, but Panel Will Consider Separate Consolidated Proceedings for Lloyds, Cincinnati, Hartford, Society

    Asserting Non-Disclosure Claim Involving Residential Real Property and Whether Facts Are “Readily Observable”

    SEC Recommendations to Protect Against Cybersecurity Threats

    John Aho: Engineer Pushed for Seismic Safety in Alaska Ahead of 2018 Earthquake

    Honoring Veterans Under Our Roof & Across the World

    A Few Things You Might Consider Doing Instead of Binging on Netflix

    Fifth Circuit: Primary Insurer Relieved of Duty to Defend Without Release of Liability of Insured

    China Home Glut May Worsen as Developers Avoid Price Drop

    Recent Bad Faith Decisions in Florida Raise Concerns

    Owners and Contractors are Liable for Injuries Caused by their Independent Contractors under the “Peculiar Risk Doctrine”

    Better Building Rules Would Help U.K.'s Flooding Woes, CEP Says

    WSDOT Seeks Retraction of Waiver Excluding Non-Minority Woman-Owned Businesses from Participation Goals

    No Coverage for Homeowner Named as Borrower in Policy but Not as Insured

    Energy Company Covered for Business Interruption Losses Caused by Fire and Resulting in Town-Ordered Shutdown

    Construction Defects could become Issue in Governor’s Race

    Approaches to Managing Job Site Inventory

    BHA Expands Construction Experts Group

    Florida Governor Signs COVID-19 Liability Shield

    Proposed Changes to Federal Lease Accounting Standards

    Wisconsin “property damage” caused by an “occurrence.”

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    The Importance of Engaging Design Professional Experts Early, with a Focus on Massachusetts Law

    Mechanic’s Liens- Big Exception

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    Strategic Communication Considerations for Contractors Regarding COVID-19

    OSHA Finalizes Rule on Crane Operator Qualification and Certification

    Failing to Adopt a Comprehensive Cyber Plan Can Lead to Disaster
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    FAIRFIELD CONNECTICUT BUILDING EXPERT
    DIRECTORY AND CAPABILITIES

    Leveraging from more than 7,000 construction defect and claims related expert witness designations, the Fairfield, Connecticut Building Expert Group provides a wide range of trial support and consulting services to Fairfield's most acknowledged construction practice groups, CGL carriers, builders, owners, and public agencies. Drawing from a diverse pool of construction and design professionals, BHA is able to simultaneously analyze complex claims from the perspective of design, engineering, cost, or standard of care.

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    Fairfield, Connecticut

    Study May Come Too Late for Construction Defect Bill

    February 14, 2013 —
    Colorado State Senator Mark Scheffel removed his bill, Senate Bill 13-052, from the calendar of the Senate Judiciary Committee in anticipation of a study which he feels would be pertinent to the discussion. The bill would stop communities from suing developers over noise and vibration issues associated with transit facilities, and would also provide for developers fixing construction defects before being sued. Senator Scheffel said that the intent of his bill was to spur development near transit facilities. The study, commissioned by the Denver Regional Council of Governments, would focus on the effects of the state’s construction defects law on housing. It might not come soon enough for the senator’s bill. The Denver Business Journal reports that the study, which will take four months to complete, doesn’t yet have a contract. The Legislature must adjourn by May 8, so it is not possible for the study to be concluded before the end of this legislative session. Read the court decision
    Read the full story...
    Reprinted courtesy of

    SFAA Commends U.S. Senate for Historic Bipartisan Infrastructure Bill

    August 16, 2021 —
    August 10, 2021 (WASHINGTON, DC) – The Surety & Fidelity Association of America (SFAA) commends the U.S. Senate for passing the historic, bipartisan Infrastructure Investment and Jobs Act. The $1.2 trillion deal will lay the foundation for extensive improvements in the nation’s roadways, bridges, railways, waterways and broadband access. “Investing in infrastructure will create millions of jobs across the country, growing our national and local economies in both the short and long term,” said SFAA president and CEO, Lee Covington. “The surety industry fully supports this investment and will continue to provide the essential protections necessary to support our country’s infrastructure needs through our suite of products and services.” SFAA also commends the inclusion of the Van Hollen 2354 amendment to the bill, accepted by a unanimous vote of 97-0. The amendment requires payment and performance bonds on all federally-financed infrastructure projects receiving loans and grants under the Transportation Infrastructure Finance and Innovation Act (TIFIA), protecting taxpayers’ dollars, ensuring project completion, protecting local small business contractors and workers, and promoting economic growth. The Surety & Fidelity Association of America (SFAA) is a trade association of more than 425 insurance companies that write 98 percent of surety and fidelity bonds in the U.S. SFAA is licensed as a rating or advisory organization in all states and it has been designated by state insurance departments as a statistical agent for the reporting of fidelity and surety experience. https://www.surety.org/ Read the court decision
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    Reprinted courtesy of

    Rio de Janeiro's Bursting Real-Estate Bubble

    September 17, 2015 —
    At opposite ends of downtown Rio de Janeiro, projects tied to Donald Trump and Eike Batista-- one a billionaire-turned-politician, the other Brazil’s most famous ex-billionaire -- have come to represent the city’s real estate bust. The 23-story Serrador building, a granite-and-glass art deco tower near Rio’s Santos Dumont airport, has sat empty since Batista’s failed empire of commodities companies abandoned it last year. Four miles away, in the city’s gritty port district, an ambitious office project that Trump lent his name to is still nothing more than a weed-filled lot about a year after construction was slated to begin. Reprinted courtesy of Juan Pablo Spinetto, Bloomberg and Peter Millard, Bloomberg Read the court decision
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    Reprinted courtesy of

    When Must a New York Insurer Turn Over a Copy of the Policy?

    December 23, 2023 —
    New York, N.Y. (December 7, 2023) - It has long been the rule in New York that a defendant should disclose all insurance policies that might provide coverage to the plaintiff for an underlying claim. McKiernan v Vaccaro, 168 AD3d 827 [2d Dept 2019]; Keenan v Harbor View Health & Beauty Spa, 205 AD2d 589 [2d Dept 1994]. This rule applies to all tort cases, including motor vehicle; however, it does not apply to lawsuits seeking to recover No Fault expenses (see, CPLR 3101(f)(5)). Frequently, a plaintiff will demand a copy of the policy even when the claim is still pre-suit. This raises the question of when the insurer must comply with this specific type of discovery demand in New York. Read the court decision
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    Reprinted courtesy of Nicholas P. Hurzeler, Lewis Brisbois
    Mr. Hurzeler may be contacted at Nicholas.Hurzeler@lewisbrisbois.com

    An Interesting Look at Mechanic’s Lien Priority and Necessary Parties

    May 13, 2019 —
    As regular readers of Construction Law Musings are well aware, I like to discuss mechanic’s liens. Whether it is their picky nature, the way court’s treat them or the soon to take effect changes in the form, mechanic’s liens are a topic near and dear to my heart as a construction attorney. This past month the Fairfax Circuit Court took on the intersection of mechanic’s lien priority under Virginia Code section 43-21 (the lien priority statute) and what constitute necessary parties that must be named in any enforcement suit. In Marines Plumbing, LLC v. Durbin, et al., the Court discussed an all too typical scenario. Marines Plumbing performed repair work on the defendants’ property and the defendants did not pay for the work. Marines Plumbing recorded a memorandum of lien and subsequently sued to enforce that lien. In filing its suit, Marines Plumbing failed to name the trustees and lender on a deed of trust securing the loan on the property. Needless to say, the Defendants moved to dismiss the action for failure to name necessary parties (lender and trustees). Read the court decision
    Read the full story...
    Reprinted courtesy of The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at chrisghill@constructionlawva.com

    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

    Governor Murphy Approves Legislation Implementing Public-Private Partnerships in New Jersey

    August 28, 2018 —
    On Tuesday, August 14, 2018, New Jersey Governor Phil Murphy signed Senate Bill S-865, creating the state’s new Public-Private Partnership (PPP) law, making New Jersey the latest state to embrace this burgeoning delivery system for the construction of public infrastructure projects. The new law goes into effect 180 days from today. Peckar & Abramson (P&A) has teamed with both The Associated Construction Contractors of New Jersey (ACCNJ) and the Association for the Improvement of American Infrastructure (AIAI) who have been at the forefront in promoting this landmark legislation. P&A anticipates that the new law will create multiple opportunities for much needed public building and infrastructure projects in the state. In our recent Client Alert (June 29, 2018), we highlighted the numerous opportunities that will be available as a result of the PPP legislation, notably for the delivery of projects that may not have otherwise come to fruition. Reprinted courtesy of Steven M. Charney, Peckar & Abramson, P.C. and Charles F. Kenny, Peckar & Abramson, P.C. Mr. Charney may be contacted at scharney@pecklaw.com Mr. Kenny may be contacted at ckenny@pecklaw.com Read the court decision
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    Reprinted courtesy of

    Homebuilders See Record Bearish Bets on Shaky Recovery

    June 18, 2014 —
    Someone thinks the housing rebound is built on shaky foundations. A record 180,000 puts traded on the SPDR S&P Homebuilders (XHB) exchange-traded fund on June 11, according to data compiled by Bloomberg. The contract with the highest ownership pays off in the event of a 20 percent slump by December in the ETF tracking stocks from DR Horton Inc. to Williams-Sonoma Inc. Prospects for rising interest rates and an uneven recovery in the housing market have hurt returns this year, sending the SPDR Homebuilders ETF down 3.3 percent. While economic data yesterday showed that builders broke ground on 1 million U.S. homes in May, permits, a proxy for future construction, decreased because of fewer applications for condominiums and apartment buildings. Read the court decision
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    Reprinted courtesy of
    Ms. Bost may be contacted at cbost2@bloomberg.net