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    Local # 0780
    433 Meadow St
    Fairfield, CT 06824

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    Building Expert News and Information
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    EPA Coal Ash Cleanup Rule Changes Send Utilities, Agencies Back to Drawing Board

    Insurers Need only Prove that Other Coverage Exists for Construction Defect Claims

    Construction Continues To Boom Across The South

    Surfside Condo Collapse Investigators Uncover More Pool Deck Deviations

    Florida’s Fourth District Appeals Court Clarifies What Actions Satisfy Florida’s Construction Defect Statute of Repose

    Texas Supreme Court Holds Anadarko’s $100M Deepwater Horizon Defense Costs Are Not Subject To Joint Venture Liability Limits

    Bar Against Forum Selection Clauses in Construction Contracts Extended to Design Professionals

    Portions of Policyholder's Expert's Opinions Excluded

    Happy New Year from CDJ

    Fine Art Losses – “Canvas” the Subrogation Landscape

    Real Estate & Construction News Roundup (6/18/24) – Cannabis’ Effect on Real Estate, AI’s Capabilities for Fund Managers and CRE’s Exposure on Large Banks

    New Homes in Palo Alto to Be Electric-Car Ready

    Revised Federal Rule Regarding Class-Wide Settlements

    AGC Seeks To Lead Industry in Push for Infrastructure Bill

    A Chicago Skyscraper Cements the Legacy of a Visionary Postmodern Architect

    Nevada HOA Criminal Investigation Moving Slowly

    Attorneys Fees Under California’s Prompt Payment Statutes. Contractor’s “Win” Fails the Sniff Test

    Duty to Defend Sorted Between Two Insurers Based Upon Lease and Policies

    Revisiting Termination For Convenience Clauses In Uncertain And Ever-Changing Economic Times

    Construction Resumes after Defects

    Iowa Court Holds Defective Work Performed by Insured's Subcontractor Constitutes an "Occurrence"

    Product Liability Alert: Evidence of Apportionment of Fault Admissible in Strict Products Liability Action

    Newmeyer Dillion Attorneys Named to 2020 Southern California Rising Stars List

    South Dakota Supreme Court Holds That Faulty Workmanship Constitutes an “Occurrence”

    Property Owner’s Defense Goes Up in Smoke in Careless Smoking Case

    One Shot to Get It Right: Navigating the COVID-19 Vaccine in the Workplace

    A Guide to Evaluating Snow & Ice Cases

    Zinc in London Climbs for Second Day Before U.S. Housing Data

    Insurer's Motion for Summary Judgment to Reject Collapse Coverage Denied

    Court Narrowly Interprets “Faulty Workmanship” Provision

    New Jersey Court Washes Away Insurer’s Waiver of Subrogation Arguments

    Proposed Changes to Federal Lease Accounting Standards

    Millennium’s Englander Buys $71.3 Million Manhattan Co-Op

    Newmeyer & Dillion Appoints Partner Carol Zaist as General Counsel

    Hunton’s Geoffrey Fehling Confirmed to DC Bar Foundation’s Young Lawyers Network Leadership Council

    Update Coverage for Construction Defect Claims in Colorado

    How to Build Climate Change-Resilient Infrastructure

    Federal Court Asks South Dakota Supreme Court to Decide Whether Injunction Costs Are “Damages,” Adopts Restatement’s Position on Providing “Inadequate” Defense

    North Dakota Court Determines Inadvertent Faulty Workmanship is an "Occurrence"

    Repairs Could Destroy Evidence in Construction Defect Suit

    Jury Awards 20 Million Verdict Against Bishop Abbey Homes

    Eight Things You Need to Know About the AAA’s New Construction Arbitration Rules

    Lien Law Change in Idaho

    Department of Transportation Revises Its Rules Affecting Environmental Review of Transportation Projects

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

    Approaching Design-Build Projects to Avoid (or Win) Disputes

    Florida Duty to Defend a Chapter 558 Right to Repair Notice

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    Professional Liability Alert: California Appellate Courts In Conflict Regarding Statute of Limitations for Malicious Prosecution Suits Against Attorneys

    The Biggest Change to the Mechanics Lien Law Since 1963
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    FAIRFIELD CONNECTICUT BUILDING EXPERT
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    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.

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    Fairfield, Connecticut

    Union THUGS Plead Guilty

    October 15, 2014 —
    Some time ago, I wrote about union THUGS (The Helpful Union Guys) that tormented merit shops to force contractors to use union labor on projects. The THUGS set fire to equipment, beat contractors with baseball bats, and picketed apartment complexes where contractors lived. Recently two of the ten union members plead guilty to arson-related charges, including two counts of maliciously damaging property by means of fire, extortion, and RICO conspiracy charges. Read the court decision
    Read the full story...
    Reprinted courtesy of Craig Martin, Lamson, Dugan and Murray, LLP
    Mr. Martin may be contacted at cmartin@ldmlaw.com

    Tips for Contractors Who Want to Help Rebuild After the California Wildfires

    November 02, 2017 —
    I received a call from one of my contractor clients this past week to see what he could do to help those affected by California’s North Bay fires. The North Bay fires are the deadliest and most destructive wildfires in California’s history. To date, the fires have claimed 42 lives, burned more than 200,000 acres of land, destroyed an estimated 8,400 structures and likely damaged tens of thousands more. By comparison, the state’s second most deadly wildfire, the Oakland Hills fire of 1991, claimed the lives of 25 people, burned 1,600 acres of land, and destroyed 2,900 structures. Rebuilding costs for the North Bay fires, according to the California Insurance Commissioner, are expected to top $1 billion. For those with insurance, insurance experts say that the rebuilding process can take two years or more for those whose homes and businesses were destroyed. For those whose homes and businesses were fortunate enough only to be damaged, rebuilding efforts are already underway. 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

    First Lumber, Now Drywall as Canada-U.S. Trade Tensions Escalate

    November 30, 2016 —
    A new trade dispute has broken out between Canada and the U.S. that threatens to raise prices in Canada’s already overheated housing markets. The Canada Border Services Agency imposed a provisional tariff as high as 277 percent on U.S. drywall imports in September after ruling that manufacturers were dumping the product, or selling it below the price in their home market, undercutting local suppliers. The tariff has raised the price of drywall, or gypsum board as it’s also called, by as much as 30 percent and is causing “chaos” and delays as contractors scramble for alternative sources. Some builders say the tariff could add as much as C$13,000 ($9,671) to the cost of a new home, which would amount to a C$2.6 billion increase to the roughly 200,000 homes built in Canada each year. Read the court decision
    Read the full story...
    Reprinted courtesy of Katie Dmitrieva, Bloomberg
    Ms. Dmitrieva may be followed on Twitter @katiadmi

    U.S. Homeownership Rate Rises for First Time in Two Years

    October 28, 2015 —
    The homeownership rate in the U.S. rose for the first time in two years as sustained job growth and low borrowing costs fueled demand for housing. The share of Americans who own their homes was 63.7 percent in the third quarter, up from 63.4 percent in the previous three months, the Census Bureau reported Tuesday. It was the first quarterly increase since the third quarter of 2013. The pool of eligible buyers is expanding as U.S. employment improves and families who lost properties during the recession repair their credit and seek another chance at owning. Sales of existing homes rebounded in September to the second-highest level since February 2007. Read the court decision
    Read the full story...
    Reprinted courtesy of Prashant Gopal, Bloomberg

    Balfour Taps Qinetiq’s Quinn as new CEO to Revamp Builder

    October 15, 2014 —
    Balfour Beatty Plc (BBY) named Leo Quinn as new chief executive officer to revamp Britain’s biggest builder which has suffered from mismanaged projects and a lack of demand. Quinn will start on Jan. 1 after five years as CEO of defense specialist Qinetiq Group Plc, Balfour Beatty said today. The executive began his career at Balfour Beatty in 1979 as a civil engineer and later worked as president of Honeywell Building Controls and CEO of banknote printer De La Rue Plc. The stock gained 5.3 percent in London trading today. Balfour Beatty, which rejected a merger proposal from British rival Carillion Plc in August, has struggled since the global recession slashed orders and prices. Its stock had fallen 48 percent this year before today, reducing the company’s value to 1 billion pounds ($1.6 billion). In September, Balfour Beatty cut its U.K. construction-services unit’s profit forecast and said Chairman Steve Marshall plans to leave. Mr. Thiel may be contacted at sthiel1@bloomberg.net; Mr. Katz may be contacted at bkatz38@bloomberg.net Read the court decision
    Read the full story...
    Reprinted courtesy of Benjamin Katz and Simon Thiel, Bloomberg

    Are Construction Contract Limitation of Liability Clauses on the Way Out in Virginia?

    March 11, 2024 —
    Remember BAE Systems and Fluor? This post is the third here at Construction Law Musings relating to this case which is a seemingly never-ending source for content. In the prior post discussing this case, the Court found that Va. Code 1-4.1:1 which bars waiver of a right to payment before work is performed did not apply because Fluor had provided work before execution of the contract or any change orders. In the most recent opinion in this long-running litigation, and after a motion to reconsider by Fluor that was granted, the Court re-examined this finding along with the contractual language found in the Limitation of Damages (LOD) clause and came to the opposite conclusion regarding certain change orders that remained unpaid by BAE. The Court first looked to the language of the contract itself and specifically the language in the LOD provision that states “Except as otherwise provided in this Subcontract.” The Court then looked at the change order provision and its typical equitable adjustment language and the mandatory nature of the equitable adjustment language. The Court found that the LOD provisions did not apply to change orders both because price increases due to change orders are not “damages” and because of the exception language in the LOD provision itself. 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

    Can Your Industry Benefit From Metaverse Technology?

    November 06, 2023 —
    As the metaverse evolves, we know there are inherent risks for businesses. But what industries can we expect to be impacted and what are the potential upsides and opportunities? “We are observing how different industries are incorporating this technology to better their business strategy. For example, companies are utilizing augmented reality to assess the risk for large catastrophes, like wildfires. This technology could help prevent major disastrous events if integrated properly,” said Michael Kearney, vice president of emerging technologies and innovation at The Hartford. As virtual and augmented reality technologies become more popular, there is an uptick in demand across industries to mitigate risk, increase company efficiency and build brand awareness. There are several industries that may be significantly impacted by the evolution of the metaverse, including:
    • Technology: It is anticipated that there will be cutting edge technologies at the forefront, building the infrastructure for the metaverse.
    • Gaming: This industry has potential to be the center of the metaverse with gamers developing a deeper connection to the digital world.
    Read the court decision
    Read the full story...
    Reprinted courtesy of The Hartford Staff, The Hartford Insights

    Top 10 OSHA Violations For The Construction Industry In 2023

    February 26, 2024 —
    Every year, the Occupational Safety and Health Administration (OSHA) publishes their top violations in the construction industry. And typically, the most common violations are consistent year after year. What separates 2023 is the number of citations involving Fall Protection, Scaffolding, Ladders, and the failure to use personal protective equipment (PPE) or other life safety equipment (LSE). The following is the list of the Top Ten OSHA violations for 2023: (10) Toxic and Hazardous Substances. There were 382 citations issued for “hazardous communication” and improper warnings issued to construction employees. (9) Excavations. There were 395 citations issued for failure to provide proper and specific excavation requirements and instructions. (8) Scaffolding – Aerial Lifts. There were 481 citations issued for improper lifting equipment and supports for building scaffolding. Reprinted courtesy of Dominic Donato, Kahana Feld and Jeff Miragliotta, Kahana Feld Mr. Donato may be contacted at ddonato@kahanafeld.com Mr. Miragliotta may be contacted at jmiragliotta@kahanafeld.com Read the court decision
    Read the full story...
    Reprinted courtesy of