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    Current Law Summary: Case law precedent


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    License required for electrical and plumbing trades. No state license for general contracting, however, must register with the State.


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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


    Palo Alto Considers Fines for Stalled Construction Projects

    Expanded Virginia Court of Appeals Leads to Policyholder Relief

    Sometimes You Get Away with Default (but don’t count on it)

    Time Limits on Hidden Construction Defects

    Data Is Critical for the Future of Construction

    Homebuilder Confidence Takes a Beating

    May Heat Wave Deaths Prompt New Cooling Rules in Chicago

    When Is a Project Delay Material and Actionable?

    New ConsensusDocs 242 Design Professional Change Order Form Helps Facilitate Compensation for Changes in Design Services

    Thieves Stole Backhoe for Use in Bank Heist

    South Adams County Water and Sanitation District Takes Proactive Step to Treat PFAS, Safeguard Water Supplies

    Construction Contract Clauses That May or May Not Have Your Vote – Part 3

    The Colorado Supreme Court holds that loans made to a construction company are not subject to the Mechanic’s Lien Trust Fund Statute

    Congratulations to Walnut Creek Partner Bryan Stofferahn and Associate Jeffrey Schilling for Winning a Motion for Summary Judgment on Behalf of Their Client, a Regional Grocery Store!

    COVID-19 Business Interruption Lawsuits Begin: Iconic Oceana Grill in New Orleans Files Insurance Coverage Lawsuit

    Georgia Supreme Court Determines Damage to "Other Property" Not Necessary for Finding Occurrence

    Hawaii Federal District Rejects Another Construction Defect Claim

    Communicate with the Field to Nip Issues in the Bud

    Property Owners Sue San Francisco Over Sinking Sidewalks

    Florida Passes Tort Reform Bill

    Brown Paint Doesn’t Cover Up Construction Defects

    Blackstone to Buy Chicago’s Willis Tower for $1.3 Billion

    The Condominium Warranty Against Structural Defects in the District of Columbia

    California Court of Appeal Clarifies Intent of Faulty Workmanship Exclusions

    CA Supreme Court: Right to Repair Act (SB 800) is the Exclusive Remedy for Residential Construction Defect Claims – So Now What?

    ASCE Statement on EPA Lead Pipe and Paint Action Plan

    Senate Overwhelmingly Passes Water Infrastructure Bill

    Recent Opinions Clarify Enforceability of Pay-if-Paid Provisions in Construction Contracts

    Know Whether Your Course of Business Operations Are Covered Or Excluded By Your Insurance

    Massachusetts Business Court Addresses Defense Cost Allocation and Non-Cumulation Provisions in Long-Tail Context

    Additional Insured Not Entitled to Reimbursement of Defense Costs Paid by Other Insurers

    Las Vegas Team Obtains Complete Dismissal of a Traumatic Brain Injury Claim

    Washington’s Court of Appeals Protects Contracting Parties’ Rights to Define the Terms of their Indemnity Agreements

    Firm Sued for Stopping Construction in Indiana Wants Case Tried in Germany

    Read the Property Insurance Policy to be Sure You are Complying with Post Loss Obligations

    New Jersey Court Upholds Registration Requirement for Joint Ventures Bidding on Public Works Contracts

    Less Than Perfectly Drafted Endorsement Bars Flood Coverage

    Texas Supreme Court Holds Stipulated Extrinsic Evidence May Be Considered in Determining Duty to Defend

    Investigation Continues on Children Drowning at Construction Site

    Pollution Exclusion Prevents Coverage for Injury Caused by Insulation

    Rio Olympics Work Was a Mess and Then Something Curious Happened

    Rihanna Gained an Edge in Construction Defect Case

    Details Matter: The Importance of Strictly Following Public Bid Statutes

    Home Prices Up in Metro Regions

    SCOTUS to Weigh Landowners' Damage Claim Against Texas DOT

    The G2G Year in Review: 2019

    Replacement of Gym Floor Due to Sloppy Paint Job is Not Resulting Loss

    When “Substantially Similar” Means “Fundamentally Identical”: Delaware Court Enforces Related Claim Provision to Deny D&O Coverage for Securities Class Action

    Can We Compel Insurers To Cover Construction Defect in General Liability Policies?

    Insurers' Motion to Void Coverage for Failure to Attend EUO Denied
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    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. 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.

    Building Expert News & Info
    Fairfield, Connecticut

    The A, B and C’s of Contracting and Self-Performing Work Under California’s Contractor’s License Law

    July 19, 2017 —
      The California Contractors State License Board issues licenses in three general classifications:
    1. Class A – General Engineering Contractors;
    2. Class B – General Building Contractors; and
    3. Class C – Specialty Contractors of which there are currently 42 different Class C specialty contractors license types.
    Each of these license classifications has separate contracting rules, and rules regarding when work can be self-performed, which for many can be confusing. Minor Work Exception One important (albeit “minor”) exception is that no contractor’s license is required no matter what type of work is being performed if the project has a value of less than $500. Known as the “minor work exception,” the exception is a project-based, not work-based, exception. Thus, for example, if a project owner is remodeling their kitchen at a cost of $6,000 and the cost of doing the flooring is only $300, the person doing the flooring would need to have a contractor’s license in the appropriate classification since the aggregate cost of the work is $500 or more. 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

    Toll Brothers Named #1 Home Builder on Fortune Magazine's 2023 World's Most Admired Companies® List

    February 06, 2023 —
    FORT WASHINGTON, Pa., Feb. 01, 2023 (GLOBE NEWSWIRE) -- Toll Brothers, Inc. (NYSE:TOL) (www.TollBrothers.com), the nation's leading builder of luxury homes, has been named the #1 Most Admired Home Builder in the 2023 Fortune magazine survey of the World's Most Admired Companies, the eighth year the company has achieved this honor. To determine the best-regarded companies, Fortune and its partner Korn Ferry conducted the 2023 survey with 645 of the world's highest-revenue companies across 52 industries and 27 countries. Executives, directors, and Wall Street analysts were asked to rate companies in their own industries on nine criteria, ranging from investment value, financial soundness and quality of management, to quality of products, innovation, social responsibility and people management. "We are proud to once again be honored as the #1 Home Builder on the Fortune World's Most Admired Companies list," said Douglas C. Yearley, Jr., chairman and chief executive officer of Toll Brothers. "All of us at Toll Brothers are focused on upholding our reputation for quality, value, and service built over the past 56 years. I would like to thank every Toll Brothers employee for their commitment to excellence and to serving our customers. We appreciate this tremendous recognition within the home building industry and the larger business community." ABOUT TOLL BROTHERS Toll Brothers, Inc., a Fortune 500 Company, is the nation's leading builder of luxury homes. The Company was founded 56 years ago in 1967 and became a public company in 1986. Its common stock is listed on the New York Stock Exchange under the symbol "TOL." The Company serves first-time, move-up, empty-nester, active-adult, and second-home buyers, as well as urban and suburban renters. Toll Brothers builds in over 60 markets in 24 states: Arizona, California, Colorado, Connecticut, Delaware, Florida, Georgia, Idaho, Illinois, Maryland, Massachusetts, Michigan, Nevada, New Jersey, New York, North Carolina, Oregon, Pennsylvania, South Carolina, Tennessee, Texas, Utah, Virginia, and Washington, as well as in the District of Columbia. The Company operates its own architectural, engineering, mortgage, title, land development, golf course development, smart home technology, and landscape subsidiaries. The Company also operates its own lumber distribution, house component assembly, and manufacturing operations. Read the court decision
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    Reprinted courtesy of

    What Does It Mean When a House Sells for $50 Million?

    September 10, 2014 —
    One of the byproducts of the global financial crisis has been the creation of a new class of housing and buyers. Some of the strongest evidence is the rise in the number of residences sold for more than $50 million. A buyer recently paid a record $71.3 million for a Manhattan co-op, breaking the $70 million record set only a few months earlier. These sales seem modest compared with a $147 million sale in East Hampton, New York, and a $120 million sale in Greenwich, Connecticut, the two highest U.S. residential transactions in 2014. There have been six sales of more than $100 million in the past four years, with more likely to come. Wealthy investors have benefited from rising stock markets, while preserving capital by acquiring assets such as U.S. residential real estate. However, the high-end market isn't a proxy for the health of the broader U.S. housing market. Unlike the buyers in the market's upper strata, who often are foreign and all-cash purchasers, the majority of U.S. homebuyers remain dependent on access to credit. And today's tight lending conditions aren’t expected to ease anytime soon. According to the Federal Reserve, only a small number of banks have recently eased mortgage standards. Read the court decision
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    Reprinted courtesy of Jonathan J. Miller, Bloomberg
    Mr. Miller may be contacted at jmiller@millersamuel.com

    North Carolina Appeals Court Threatens Long-Term Express Warranties

    April 09, 2014 —
    Jonathan Massell of the firm Nexsen Pruet explained how a “recent holding by the North Carolina Court of Appeals is threatening to render many long-term express warranties ineffective,” in the online publication Lexology. In Christie v. Hartley Construction, Inc., “the court held that the six-year North Carolina statute of repose for improvements to real property trumps the bargained-for duration terms of an express warranty.” In the Christie case, this meant that even though the homeowners had a twenty year warranty, because of the statute of repose, the warranty effectively expired after six years. Massell stated to “be mindful of jurisdiction.” If the express warranty is in a state other than North Carolina, it’s possible that the claim could be filed in that state instead of North Carolina. For instance, according to Massell, South Carolina’s “statue of repose does not expire until eight years after the date of substantial completion for an improvement to real property.” Furthermore, “long-term warranties are not trumped by the South Carolina statute of repose.” Read the court decision
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    Reprinted courtesy of

    Insurer's Late Notice Defense Fails on Summary Judgment

    December 13, 2021 —
    The insurer's motion for summary judgment to dismiss the claim because the insurer did not provide notice "as soon as practicable" was denied. Vintage Hospitality Group LLC v. Nat'l Trust Ins. Co., 2021 U.S. Dist. LEXIS 192651 (M.D. Ga. Oct. 6, 2021). Vintage owned hotels, one of which was struck by a severe hailstorm on July 21, 2018. Vintage was not aware of roof damage until two months after the storm, and did not make the connection between the hailstorm and roof damage until February 2020, when it reported the damage to National. The claim was denied because it was not reported "as soon as practicable" as required by the policy. Vintage sued and National moved for summary judgment. Vintage did not notice the leaks until September 2018. The focus was on fixing the leaks, and connection to the hailstorm did not register. The leaks persisted over the next year and a half. A construction company was called in to evaluate the leaking roof. The construction company advised that the roof had experienced previous hail damage which was causing the leaks. At this point, Vintage connected the damage to the hailstorm. A claim was promptly submitted to National, which denied the claim. Read the court decision
    Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    Nevada Court Adopts Efficient Proximate Cause Doctrine

    February 10, 2012 —

    Although the Nevada Supreme Court adopted the efficient proximate cause doctrine, it determined it did not apply to salvage coverage under an all-risk policy for a rain-damaged building. Fourth Street Place, LLC v. The Travelers Indemn. Co., 2011 Nev LEXIS 114 (Nev. Dec. 29, 2011).

    Fourth Street owned an office building which was insured by an all-risk policy issued by Travelers. Fourth Street hired Above It All Roofing to repair the roof of the office building. Above It All removed the waterproof membrane on the roof and prepared to replace the membrane the following week. Over the weekend, however, substantial rain hit. On Sunday, Above It All returned to cover the exposed portions of the roof with tarps, but wind later blew the tarps away. The building suffered significant interior damage as it continued to be exposed to the rain.

    Read the full story…

    Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii. Mr. Eyerly can be contacted at te@hawaiilawyer.com

    Read the court decision
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    Reprinted courtesy of

    URGENT: 'Catching Some Hell': Hurricane Michael Slams Into Florida

    October 16, 2018 —
    Panama City, Fla. (AP) -- Powerful Hurricane Michael slammed into the Florida Panhandle with terrifying winds of 155 mph Wednesday, splintering homes and submerging neighborhoods before continuing its destructive march inland across the Southeast. It was the most powerful hurricane to hit the continental U.S. in nearly 50 years and at least one death was reported during its passage. Supercharged by abnormally warm waters of the Gulf of Mexico, the Category 4 storm crashed ashore in the early afternoon near Mexico Beach, a tourist town about midway along the Panhandle, a 200-mile (320-kilometer) stretch of white-sand beach resorts, fishing towns and military bases. After it ravaged the Panhandle, Michael entered south Georgia as a Category 3 hurricane — the most powerful in recorded history for that part of the neighboring state. Read the court decision
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    Reprinted courtesy of Bloomberg

    Empowering Success: The Advantages of Female Attorneys in Construction Defect Law

    December 11, 2023 —
    Per the most recent U.S. Census records, women make up 50.4% of the U.S. population. It should come as no surprise then that women currently outnumber men in U.S. law schools. Nevertheless, as of 2022, only 38% of attorneys, 30% of federal judges, 22% of equity partners, and 12% of managing partners nationwide are comprised of women. While great strides have been made in the last century to increase gender equality in the legal field, there is undoubtedly still a long way to go. Studies have shown that women in the workforce lead to a number of benefits not only to the business itself, but to a business’ employees and culture. In the realm of construction defect law in particular, the presence and contributions of female attorneys have become increasingly impactful and essential. As the legal landscape evolves, the benefits of having female attorneys practicing in this specialized field are becoming more evident, offering a range of advantages that contribute to a more diverse, comprehensive, and successful legal environment. These advantages include: 1. Diverse Perspectives: Female attorneys bring a unique perspective to the practice of construction defect law, enriching the field with their insights and experiences. Their diverse backgrounds and viewpoints can lead to innovative strategies and fresh approaches when tackling complex legal issues. Reprinted courtesy of Alexa Stephenson, Kahana Feld, Hoosai Kabiri, Kahana Feld and Ivette Kincaid, Kahana Feld Ms. Stephenson may be contacted at astephenson@kahanafeld.com Ms. Kabiri may be contacted at hkabiri@kahanafeld.com Ms. Kincaid may be contacted at ikincaid@kahanafeld.com Read the court decision
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    Reprinted courtesy of