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    Home Builders & Remo Assn of Fairfield Co
    Local # 0780
    433 Meadow St
    Fairfield, CT 06824

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    Local # 0740
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    Salem, CT 06420

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    Local # 0720
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    Building Expert News and Information
    For Fairfield Connecticut


    The Future Has Arrived: New Technologies in Construction

    Construction Law Alert: Appellate Court Lets Broad General Release Stand in SB 800 Case

    Circumstances In Which Design Professional Has Construction Lien Rights

    Contracts and Fraud Don’t Mix (Even for Lawyers!)

    Governmental Action Exclusion Bars Claim for Damage to Insured's Building

    Additional Insured Not Entitled to Coverage for Named Insured's Defective Work

    Judge Nixes SC's $100M Claim Over MOX Construction Delays

    Hudson Tunnel Plan Shows Sign of Life as U.S. Speeds Review

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

    Haight Brown & Bonesteel Attorneys Named Super Lawyers in 2016

    The Case For Designers Shouldering More Legal Responsibility

    New Green Standards; Same Green Warnings for Architects & Engineers (law note)

    COVID-19 Response: California Occupational Safety and Health Standards Board Implements Sweeping New Regulations to Prevent COVID-19 in the Workplace

    Loan Snarl Punishes Spain Builder Backed by Soros, Gates

    Construction Venture Sues LAX for Nonpayment

    Court of Appeal Shines Light on Collusive Settlement Agreements

    Lack of Flood Insurance for New York’s Poorest Residents

    How Long Does a Civil Lawsuit Take?

    Why Being Climate ‘Positive’ Is the Buzzy New Goal of Green Building

    Michael Baker Intl. Settles Federal Pay Bias Allegations

    California Posts Nation’s Largest Gain in Construction Jobs

    New FAR Rule Mandates the Use of PLAs on Large Construction Projects

    Todd Seelman Recognized as Fellow of Wisconsin Law Foundation

    SCOTUS Opens Up Federal Courts to Land Owners

    Haight’s Stevie Baris Selected for Super Lawyers’ 2021 Northern California Rising Stars

    Northern District of Mississippi Finds That Non-Work Property Damages Are Not Subject to AIA’s Waiver of Subrogation Clause

    Sales of U.S. Existing Homes Rise to One-Year High

    Trump Signs $2-Trillion Stimulus Bill for COVID-19 Emergency

    Contractual Setoff and Application When Performance Bond Buys Out of its Exposure

    Rooftop Owners Sue Cubs Consultant for Alleged False Statements

    U.S. Home Prices Climbed 0.1% in July as Gains Slowed

    GOP, States, Industry Challenge EPA Project Water Impact Rule

    Florida Governor Signs Construction Defect Amendments into Law

    Nine Firm Members Recognized as Super Lawyers or Rising Stars

    Four White and Williams Lawyers Recognized as "Lawyer of the Year" by Best Lawyers®

    Don’t Ignore a Notice of Contest of Lien

    Pay Inequities Are a Symptom of Broader Gender Biases, Studies Show

    Subcontractor Exception to Your Work Exclusion Paves the Way for Coverage

    Acceptable Worksite: New City of Seattle Specification Provisions Now In Effect

    VOSH Jumps Into the Employee Misclassification Pool

    Manhattan Trophy Home Sellers Test Buyer Limits on Price

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    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. 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

    San Francisco Bucks U.S. Trend With Homeownership Gains

    September 24, 2014 —
    Homeownership climbed in a small number of U.S. metropolitan areas last year including San Francisco; Nashville, Tennessee; and Austin, Texas, where strong job growth helped them buck the national trend. Of 100 metropolitan areas, 17 had an increase in the “true” ownership rate, which measures the number of owner-occupied households per 100 adult residents, according to an analysis by Trulia Inc. of Census Bureau data. Even in those areas, advances were small. San Francisco had the biggest gain in 2013, rising about 0.6 percentage points from a year earlier, the property-information company said today. The Gary, Indiana, region, made up mostly of suburbs, had a similar increase. The homeownership rate has been falling in much of the U.S. as incomes stagnate and rising prices make housing less affordable and more difficult to finance for entry-level buyers. The regions where the rate is up include strong job markets such as San Francisco and Austin, and areas with stable prices such as Albany, New York, that were spared the brunt of the nationwide foreclosure crisis, Trulia said. Read the court decision
    Read the full story...
    Reprinted courtesy of Prashant Gopal, Bloomberg
    Mr. Gopal may be contacted at pgopal2@bloomberg.net

    U.S. Supreme Court Allows Climate Change Lawsuits to Proceed in State Court

    May 01, 2023 —
    Washington, D.C. (April 25, 2023) - On Monday, April 24, the U.S. Supreme Court refused to hear appeals by several major energy companies that sought to remove lawsuits filed by state and local governments from state court into federal court. The Court’s certiorari denials reject companies’ appeals in five separate cases, which involved claims brought by municipalities in Colorado, Maryland, California, Hawaii, and Rhode Island. Each municipality claims that it has been harmed by the effects of climate change, allegedly attributed to the companies’ carbon emissions. The Court’s denials effectively allow the lawsuits to continue in state court, often seen as favorable for plaintiffs due to a greater potential for jury trials and associated damages awards than might be available in federal court. Following a 2021 Supreme Court ruling in a related case that granted the companies an additional chance to argue that their cases should be heard in federal court, the lower federal appeals courts in each of the five cases concluded that the companies had not established sufficient grounds to establish proper venue and jurisdiction in federal court. The Supreme Court’s April 24 denial leaves those decisions unaltered, allowing the lawsuits to continue in state court for further consideration. Read the court decision
    Read the full story...
    Reprinted courtesy of George Leahy, Lewis Brisbois

    When Is Mandatory Arbitration Not Mandatory?

    August 19, 2015 —
    I have discussed my views on mandatory mediation in construction contracts at other places here at Musings and also discussed how the contract is king here in Virginia. A recent Charlottesville, Virginia Circuit Court case combined these two concepts to allow a subcontractor to proceed straight to litigation despite various ADR provisions in the contract between it and the general contractor. In ProBuild v. DPR & Continental Casualty, the Court looked at a series of ADR steps that were to be followed in the contract between the parties in order to allow DPR, the general contractor to require arbitration as opposed to litigation. The Court considered the surety’s motion to stay the litigation against it pending arbitration between ProBuild and DPR. In ProBuild, the Court looked at a contractual provision that provided certain steps to be followed in the event of a dispute, starting with a notice of dispute, followed by negotiation, followed by mediation should the disputing party request it, and in the event that mediation was tried and failed, the disputing party or general contractor could require arbitration. The Court determined that ProBuild, the subcontractor, was the disputing party under the contract, had pursued unsuccessful formal negotiations and that neither ProBuild nor DPR requested mediation. The Court then held that because unsuccessful mediation was a prerequisite to required arbitration and because mediation was never pursued, the mandatory arbitration clause did not apply. 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

    Fixing the Problem – Not the Blame

    November 30, 2016 —
    Who is responsible for defective design under Texas law? The contractor, under Lonergan? The owner, under Spearin? A recent Fifth Circuit decision suggests that in some cases this might be the wrong question when design responsibility is disputed. The appellate court recently remanded a case back to the district court to determine whether the contractor or owner breached an implied duty to cooperate in discovering defects in design and subsequently pricing the change required to correct the problem. Read the court decision
    Read the full story...
    Reprinted courtesy of Curtis W. Martin, Peckar & Abramson, P.C.
    Mr. Martin may be contacted at cmartin@pecklaw.com

    25 Days After Explosion, Another Utility Shuts Off Gas in Boston Area

    October 30, 2018 —
    Three hundred thirty-nine homes in Woburn, Mass., were without power on Oct. 8 after National Grid shut off gas meters following the inadvertent over-pressurization of the natural gas line on Oct. 8, according to the Woburn Fire Dept. Read the court decision
    Read the full story...
    Reprinted courtesy of Johanna Knapschaefer, ENR
    ENR may be contacted at ENR.com@bnpmedia.com

    WSHB Ranked 4th Most Diverse Law Firm in U.S.

    July 14, 2016 —
    American Lawyer, in its annual Diversity Scoreboard Survey, ranked Wood Smith Henning & Berman LLP (WSHB) one of the four top law firms in the nation. Scores are based upon the firms’ combined percentage of minority lawyers as well as minority partners in U.S. offices. “Historically, law has not been among the most diverse of professions,” Partner Domingo Tan, Chair of WSHB’s Recruiting Committee, stated according to the firm’s media release. “This trend has recently begun to change and I am proud that our firm is one of the national leaders in recognizing and celebrating diversity as a core value.” WSHB Partner Jade Tran explained how the firm’s diversity benefits its clients: “At WSHB, we are a litigation powerhouse built upon the experiences drawn from our diverse attorney backgrounds. It’s this diversity that also makes our attorneys relatable to our clients who themselves stem from diverse backgrounds.” Read the court decision
    Read the full story...
    Reprinted courtesy of

    Exception to Watercraft Exclusion Does Not Apply

    September 24, 2014 —
    The court determined that an additional insured was not entitled to coverage despite an exception to the watercraft exclusion. Holden v. U.S. United Ocean Serv., LLC, 2014 U.S. App. LEXIS 15954 (5th Cir. Aug. 19, 2014). United entered a contract with Buck Kreihs Company, Inc. under which Buck Kreihs would perform ship-repair work for United. Under the contract, Buck Kreihs would indemnify United for all liabilities arising out of the work or services performed by Buck Kreihs for United. The contract further provided that Buck Kreihs was to procure general liability coverage and name United as an additional insured. Buck Kreihs did so under a policy issued by St. Paul. Holden, an employee of Buck Kreihs, was injured while preparing to remove a gangway that led from a dock at Buck Kreihs's facility to a barge owned by United. Holden sued United, which tendered to St. Paul as an additional insured. St. Paul denied coverage under the policy's watercraft exclusion. Holden and United settled. United pursued its third party suit against St. Paul. The district court granted summary judgment to St. Paul. Read the court decision
    Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    Time to Update Your Virginia Mechanic’s Lien Forms (July 1, 2019)

    May 01, 2019 —
    In a few of my recent posts here at Construction Law Musings, I’ve discussed a few bills that were considered and/or passed in the General Assembly this year. One of the bills is one close to my heart and a subject much discussed here, namely mechanic’s liens. HB2409 passed both houses of the General Assembly and has been signed by the Governor. This bill reconciled the language found in Virginia Code Sec. 43-4 with the various forms for general contractor, subcontractor and sub-subcontractor/supplier forms found in later sections of the code. As you will see if you download the .pdf of the bill as signed, this involved some tweaks to 43-4 and some updates to the mechanic’s lien forms that are in the code. The recent Desai case from the Virginia Supreme Court made it clear that such action was necessary. Read the court decision
    Read the full story...
    Reprinted courtesy of The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at chrissghill@constructionlawva.com