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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
    20 Hartford Rd Suite 18
    Salem, CT 06420

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    Local # 0720
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    Building Expert News and Information
    For Fairfield Connecticut


    Boston Building Boom Seems Sustainable

    Florida trigger

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    Voluntary Payments Affirmative Defense Does Not Apply in Contract Cases

    $6 Million in Punitive Damages for Chinese Drywall

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    Californians Swarm Few Listings Cuts to Affordable Homes

    Safer Schools Rendered Unsafe Due to Construction Defects

    Uniformity in Florida’s Construction Bond Laws Brings About Fairness for the Industry

    Florida trigger

    Waiving The Right to Arbitrate Under Federal Law

    California Assembly Passes Expedited Dam Safety for Silicon Valley Act

    A UK Bridge That Is a Lesson on How to Build Infrastructure

    Summary Judgment in Construction Defect Case Cannot Be Overturned While Facts Are Still in Contention in Related Cases

    Construction Defects Are Occurrences, Says South Carolina High Court

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    New Strategy for Deterring Intracorporate Litigation?: Delaware Supreme Court Supports Fee-Shifting Bylaws

    Failing to Release A Mechanics Lien Can Destroy Your Construction Business

    Contractor Sentenced to Seven Years for Embezzling $3 Million

    Business Risk Exclusions Dismissed in Summary Judgment Motion

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    Nevada Assembly Sends Construction Defect Bill to Senate

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    Brazil's Detained Industry Captain Says No Plea Deals Coming

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    2022 California Construction Law Update

    Primer Debuts on Life-Cycle Assessments of Embodied Carbon in Buildings

    Finding Plaintiff Intentionally Spoliated Evidence, the Northern District of Indiana Imposes Sanction

    ARUP, Rethinking Green Infrastructure

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    Colorado Hotel Neighbors Sue over Construction Plans

    Reconstructing the Francis Scott Key Bridge Utilizing the Progressive Design-Build Method

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    Just When You Thought General Contractors Were Necessary Parties. . .

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    The Legal Landscape

    California Court of Appeal Holds a Tenant Owes No Duty to Protect a Social Guest From a Defective Sidewalk Leading to a Condominium Unit

    Real Estate & Construction News Roundup (1/24/24) – Long-Term Housing Issues in Hawaii, Underperforming REITs, and Growth in a Subset of the Hotel Sector

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    Corporate Profile

    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. Drawing 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

    Will a Notice of Non-Responsibility Prevent Enforcement of a California Mechanics Lien?

    August 06, 2019 —
    The “Notice of Non-Responsibility” is one of the most misunderstood and ineffectively used of all the legal tools available to property owners in California construction law. As a result, in most cases the answer to the above question is “No”, the posting and recording of a Notice of Non-Responsibility will not prevent enforcement of a California Mechanics Lien. The mechanics lien is a tool used by a claimant who has not been paid for performing work or supplying materials to a construction project. It provides the claimant the right to encumber the property where the work was performed and thereafter sell the property in order to obtain payment for the work or materials, even though the claimant had no contract directly with the property owner. When properly used, a Notice of Non-Responsibility will render a mechanics lien unenforceable against the property where the construction work was performed. By derailing the mechanics lien the owner protects his property from a mechanics lien foreclosure sale. Unfortunately, owners often misunderstand when they can and cannot effectively use a Notice of Non-Responsibility. As a result, the Notice of Non-Responsibility is usually ineffective in protecting the owner and his property. The rules for the use of the Notice of Non-Responsibility are found in California Civil Code section 8444. Deceptively simple, the rules essentially state that an owner “that did not contract for the work of improvement”, within 10 days after the owner first “has knowledge of the work of improvement”, may fill out the necessary legal form for a Notice of Non-Responsibility and post that form at the worksite and record it with the local County Recorder in order to prevent enforcement of a later mechanics lien on the property. Read the court decision
    Read the full story...
    Reprinted courtesy of William L. Porter, Porter Law Group
    Mr. Porter may be contacted at bporter@porterlaw.com

    Repair of Fractured Girders Complete at Shuttered Salesforce Transit Center

    July 22, 2019 —
    The repair of two fractured girders spanning Fremont Street and the reinforcement of twin girders spanning First Street are complete at the beleaguered Salesforce Transit Center in San Francisco. Reprinted courtesy of Nadine M. Post, Engineering News-Record Ms. Post may be contacted at postn@enr.com Read the court decision
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    Reprinted courtesy of

    General Contractors Can Be Sued by a Subcontractor’s Injured Employee

    November 05, 2014 —
    General contractors that exercise control over the worksite can be sued by a subcontractor’s injured employee. The Nebraska Supreme Court’s recent opinion, Gaytan v. Wal-Mart, should serve as a reminder that general contractors may be responsible for the safety of all workers on a job site. In this case, a roofing subcontractor’s employee died after falling through the roof of the under-construction Wal-Mart. The deceased employee’s estate sued Wal-Mart and Gram Construction, the general contractor, alleging that they were negligent in maintaining a safe worksite. The court initially acknowledged that an owner, the employer of an independent contractor, does not typically owe a subcontractor’s employee a duty because the owner typically has no control over the manner in which the work is to be done by the contractor. This general rule, however, has exceptions, such as where the owner retains control over the contractor’s work. But, for the exception to apply, the owner must have (1) supervised the work that caused the injury, (2) actual or constructive knowledge of the danger that caused the injury, and (3) the opportunity to prevent the injury. Read the court decision
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    Reprinted courtesy of Craig Martin, Lamson, Dugan and Murray, LLP
    Mr. Martin may be contacted at cmartin@ldmlaw.com

    Previously Owned U.S. Home Sales Rise to Eight-Month High

    July 23, 2014 —
    Sales (ETSLTOTL) of previously owned U.S. homes climbed in June to an eight-month high as more listings helped prices cool, luring buyers into the market. Sales increased 2.6 percent to a 5.04 million annual rate last month, led by gains in all four U.S. regions, figures from the National Association of Realtors showed today in Washington. The median forecast of 78 economists surveyed by Bloomberg projected sales would rise to a 4.99 million rate. Prices advanced at the slowest pace since March 2012 and inventories rose to an almost two-year high. Historically low interest rates and smaller price increases are helping bring homeownership within reach for more Americans. A pickup in employment opportunities that lead to faster wage growth would provide an added spark for a residential real-estate market that began to soften in the middle of 2013. Read the court decision
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    Reprinted courtesy of Victoria Stilwell, Bloomberg
    Ms. Stilwell may be contacted at vstilwell1@bloomberg.net

    Reroof Blamed for $10 Million in Damage

    November 06, 2013 —
    A renovation of the city hall in Bay City, Michigan went wrong when roof repairs lead to fire and flooding of the historic building. Bay City has sued Gregory Construction and Mihm Enterprises, who earlier had been awarded a $1.5 million contract to reroof the building. The cost of repairing the building is expected to exceed the city’s insurance limit of $10 million. The fire that damaged the building is alleged to have started when a roofer allegedly used a DeWalt grinder in attempt to remove some bolts. Under the contract with the city, the contractor was not going to use grinders, due to the risk of fire. The suit alleges that further water damage was caused, beyond the damage due to the firefighting, due to the contractor failing to “secure a section of the roof which was part of the Roofing Project with a tarp or other water-resistant covering.” The contractors dispute the claims made by Bay City, with Gregory Construction describing them as “untrue and contrary to the facts.” Gregory Construction also claims that their obligations were delegated to Mihn Enterprises. Mihn Enterprises disputes this and states that they do not “owe a duty to the Plaintiffs; as a result their negligence claim is unenforceable as a matter of law.” Read the court decision
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    Reprinted courtesy of

    My Construction Law Wish List

    December 31, 2014 —
    I’ve been good this year. Not great mind you, but good, and good is the standard, right? So, here’s my construction law wish list this holiday season: 1.More Transparency. So much uncertainty and resultant litigation exists for the simple reason that contractors and subs don’t know when a higher tiered contractor or owner (on a lender financed project) has been paid for their work. So how about a requirement that owners, contractors and subcontractors of all tiers be required to disclose when payment applications are submitted, when payments are made and in what amount, and what pay applications have been paid. And because I’m pretty sure I’m at least within the 20th percentile of “good” this year how about a requirement that this information be provided through an online database accessible by all persons working on projects valued at over a certain dollar amount, say $500,000. 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

    Happenings in and around the 2015 West Coast Casualty Seminar

    May 07, 2015 —
    West Coast Casualty Construction Defect Seminar returns to the Disneyland Hotel next week (May 14th and 15th), and the Construction Defect Journal has compiled a list of concerts, sporting events, and museum exhibitions taking place in and around Anaheim. Whether you like to spend your personal time checking out a new band, or watching your favorite Angel slide into home, or perusing the local art museum, there is something to spark your interest. CONCERT VENUES THE HOUSE OF BLUES IN ANAHEIM Located in Downtown Disney, The House of Blues in Anaheim is a short walk from the convention hall.
    Live Band Karaoke Wednesday, May 13th Starting at 10pm No Cover For More Information...
    Rockin’ The Blues with Griff Hamlin Thursday, May 14th at 10pm For More Information...
    Tyrone Wells Saturday, May 16th at 7pm For More Information and to Purchase Tickets...
    THE GROVE OF ANAHEIM Near Angel Stadium, the Grove of Anaheim is just a few miles away from the seminar location.
    Ministry Monday, May 11th Doors Open at 7pm / Show Begins at 8pm For More Information and to Purchase Tickets...
    Kamelot plus Special Guest Dragonforce Friday, May 15th Doors Open at 7pm / Show Begins at 8pm For More Information and to Purchase Tickets...
    CHAIN REACTION Attendees can escape to this all-ages club that’s just a ten minute drive from the Disneyland Hotel.
    Ice Nine Kills Wednesday, May 13th at 7pm For More Information and to Purchase Tickets...
    Warped Tour Battle of the Bands Thursday, May 14th at 7pm For More Information and to Purchase Tickets...
    Manifest Presents Saturday, May 16th at 7pm For More Information and to Purchase Tickets...
    SPORTING EVENTS ANGEL’S STADIUM – BASEBALL Take care of your popcorn-and-peanuts-and-cracker-jacks fix while cheering for the Angel’s—conveniently just a few miles from the Disneyland Hotel.
    Angels v. Colorado Rockies Tuesday, May 12th at 7:05pm Wednesday, May 13th at 7:05pm For More Information and to Purchase Tickets...
    MUSEUM EXHIBITIONS MUZEO This local museum and cultural center is a short drive from the convention hall.
    Cougars and Grizzlies: Sharing their Path April 18, 2015-September 13th, 2015 Museum Days/Hours: Tuesday – Sunday (Closed Mondays) / 10 am to 5 pm For More Information and to Purchase Tickets...
    BOWERS MUSEUM (Santa Ana) Voted “The Best Museum in Orange County” by OC Register Readers for 16 consecutive years, this arts and cultural center is worth the fifteen minute drive.
    Qi Baishi: China’s Modern Master April 11th, 2015-July 11th, 2015 Museum Days/Hours: Tuesday – Sunday (Closed Mondays) / 10 am to 4 pm For More Information and to Purchase Tickets...
    Where Ends Meet: A Retrospective of Works by Nancy Ravenhall Johnson March 13th, 2015-August 16th, 2015 Museum Days/Hours: Tuesday – Sunday (Closed Mondays) / 10 am to 4 pm For More Information and to Purchase Tickets...
    Exhibition: Adams, Curtis, and Weston: Photographers of the American West May 16th, 2015-November 29th, 2015 Museum Days/Hours: Tuesday – Sunday (Closed Mondays) / 10 am to 4 pm For More Information and to Purchase Tickets...
    Lecture: Adams, Curtis, and Weston: Photographers of the American West Saturday, May 16th from 1:30pm to 2:30pm For More Information and to Purchase Tickets...
    Read the court decision
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    Reprinted courtesy of

    Second Circuit Court Differentiates the Standard for Determining Evident Partiality for a Neutral Arbitrator and a Party-Appointed Arbitrator

    August 07, 2018 —
    On June 7, 2018, the Second Circuit Court in Certain Underwriting Members of Lloyds of London v. Fla., Dep’t of Fin. Servs.,1 held that a party-appointed arbitrator should not be held to the same standard as a neutral arbitrator. The Court vacated a district court’s order vacating an arbitral award in a reinsurance dispute between Insurance Company of Americas (“ICA”) and Certain Underwriting Members of Lloyds of London (“Underwriters”). The case was one of first impression for the Second Circuit on how to determine the standard of evident partiality challenged to a party-appointed arbitrator. Underwriters reinsured ICA under a series of treaties. The treaties each contained an arbitration clause requiring that disputes be adjudicated by an arbitration panel consisting of three members: one party-appointed arbitrator for each party, and a neutral. The clause required only that the arbitrators “be active or retired disinterested executive officers of insurance or reinsurance companies or Lloyd’s London Underwriters.” Read the court decision
    Read the full story...
    Reprinted courtesy of Celia B. Waters, Saxe Doernberger & Vita, P.C.
    Ms. Waters may be contacted at cbw@sdvlaw.com