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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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    Partners Nicole Whyte and Karen Baytosh are Selected for Inclusion in Best Lawyers 2021 and Nicole Nuzzo is Selected for Inclusion in Best Lawyers: Ones to Watch

    New York Construction Practice Team Obtains Summary Judgment, Dismissal of Labor Law §240(1) Claim Against Municipal Entities

    Differing Site Conditions: What to Expect from the Court When You Encounter the Unexpected

    Sold Signs Fill Builder Lots as U.S. Confidence Rises: Economy

    Construction Litigation Roundup: “Based on New Information …”

    Federal Magistrate Judge Recommends Rescission of Policies

    Quick Note: Remember to Timely Foreclose Lien Against Lien Transfer Bond

    Hunton Insurance Recovery Partner Michael Levine Quoted on Why Courts Must Consider the Science of COVID-19

    CGL Insurer’s Duty To Defend Broader Than Duty To Indemnify And Based On Allegations In Underlying Complaint

    Insurer Must Defend Where Possible Continuing Property Damage Occurred

    Deadlines Count for Construction Defects in Florida

    Study Finds Mansion Tax Reduced Sales in New York and New Jersey

    Opoplan Introduces Generative AI Tools for Home-Building

    California Appellate Court Confirms: Additional Insureds Are First-Class Citizens

    Update Relating to SB891 and Bond Claim Waivers

    California’s Prompt Payment Laws: Just Because an Owner Has Changed Course Doesn’t Mean It’s Changed Course on Previous Payments

    Insurers Must Defend Allegations of Faulty Workmanship

    Where Did That Punch List Term Come From Anyway?

    Difference Between a Novation And A Modification to a Contract

    A Few Construction Related Bills to Keep an Eye On in 2023 (UPDATED)

    Subcontractors Have Remedies, Even if “Pay-if-Paid” Provisions are Enforced

    Single-Family Home Gain Brightens U.S. Housing Outlook: Economy

    Legislative Update: Bid Protest Law Changes to Benefit Contractors

    CSLB Releases New Forms and Announces New Fees!

    Steps to Curb Construction Defect Actions for Homebuilders

    The Contributors to This Blog Are Pleased to Announce That….

    Safety Guidance for the Prevention of the Coronavirus on Construction Sites

    Auditor: Prematurely Awarded Contracts Increased Honolulu Rail Cost by $354M

    Construction Defects Lead to “A Pretty Shocking Sight”

    White and Williams Earns National "Best Law Firm" Rankings from US News

    Construction Suit Ends with Just an Apology

    Taking Service Network Planning to the Next Level

    Don’t Overlook Leading Edge Hazards

    Jobsite Safety, Workforce Shortage Drive Innovation in Machine Automation

    Overruling Henkel, California Supreme Court Validates Assignment of Policies

    KY Mining Accident Not a Covered Occurrence Under Commercial General Liability Policy

    South Carolina Law Clarifies Statue of Repose

    Downtown Sacramento Building Riddled with Defects

    Legal Disputes Soar as Poor Information Management Impacts the AEC Industry

    Alabama Appeals Court Rules Unexpected and Unintended Property Damage is an Occurrence

    Panthers Withdraw City, County Deal Over Abandoned Facility

    The National Building Museum’s A-Mazing Showpiece

    Flexible Seattle Off-Ramp Would Retain Shape in Quake

    Supreme Court of Idaho Rules That Substantial Compliance With the Notice and Opportunity to Repair Act Suffices to Bring Suit

    Stay of Coverage Case Appropriate While Court Determines Arbitrability of Dispute

    Dusseldorf Evacuates About 4,000 as World War II Bomb Defused

    Connecticut Court Clarifies Construction Coverage

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

    2018 Update to EPA’s “Superfund Task Force Report”

    Oregon Duty to Defend Triggered by Potential Timing of Damage
    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

    Denver Airport Terminates P3 Contract For Main Terminal Renovation

    November 12, 2019 —
    In a move that stunned transportation planners around the country, Denver International Airport terminated the contractor team working on a $650-million terminal renovation. The move also ended the airport’s $1.8-billion public-private partnership with Great Hall Partners, a consortium led by Ferrovial Airports, with partners Saunders/JLC Infrastructure. Mark Shaw, Engineering News-Record Mr. Shaw may be contacted at shawm@enr.com Read the full story... Read the court decision
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    Reprinted courtesy of

    Housing to Top Capital Spending in Next U.S. Growth Leg: Economy

    September 24, 2014 —
    Bruce Hottle’s $10,000 computer systems upgrade in February at his Pennsylvania concrete plant may be his last investment for another two years. More than 1,100 miles south in suburban Miami, Maggie Cruz-Ledon and her husband have set a 2015 deadline to buy a house, upping their budget in the process. Hottle’s and Cruz-Ledon’s plans represent a sneak peek into the next leg of the expansion. Housing and business capital spending, two areas closely tied to swings in the world’s largest economy, are poised to diverge as home construction gives growth more of a boost in the long run while investment in new plants and equipment shows less promise, according to economists at Goldman Sachs Group Inc. and Morgan Stanley. Read the court decision
    Read the full story...
    Reprinted courtesy of Shobhana Chandra, Bloomberg
    Ms. Chandra may be contacted schandra1@bloomberg.net

    Teaching An Old Dog New Tricks: The Spearin Doctrine and Design-Build Projects

    October 30, 2018 —
    The United States District Court for the Southern District of California has now held that the Spearin doctrine applies to design-build subcontractors where the subcontractor is expected to design a portion of their work. The case is United States for the use and benefit of Bonita Pipeline, Inc., et al. v. Balfour Beatty Construction, LLC, et al. (“Bonita Pipeline”) (Case No. 3:16-cv-00983-H-AGS). In Bonita Pipeline, a subcontractor sued the general contractor and its sureties alleging breach of contract, breach of implied warranty, declaratory relief, and recovery under the Miller Act. The subcontractor then filed a motion for partial summary judgment against the general contractor on its declaratory relief cause of action, seeking a finding that the general contractor could not shift legal responsibility for its defective plans and specifications to the subcontractor. Read the court decision
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    Reprinted courtesy of John Castro, Gordon & Rees Scully Mansukhani
    Mr. Castro may be contacted at jcastro@grsm.com

    Finalists in San Diego’s Moving Parklet Design Competition Announced

    September 03, 2014 —
    The city of San Diego together with the Downtown San Diego Partnership sponsored the Moving Parklet Design competition, and the winning design will be built and “used in public areas and legally permitted parking spaces throughout downtown San Diego to add a new and unique gathering space for the community,” according to the San Diego Source. A mobile parklet “is a small, innovative park that can move from location to location.” The winning team is chosen by facebook voters and will receive $5,000. Read the court decision
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    Reprinted courtesy of

    Don MacGregor of Bert L. Howe & Associates Awarded Silver Star Award at WCC Construction Defect Seminar

    May 24, 2018 —
    The staff of the Construction Defect Journal would like to extend their congratulations to Don MacGregor of Bert L. Howe & Associates, Inc., in recognition of his receipt of the Silver Star Award as “Best Expert” at the 25th Anniversary of the West Coast Casualty Construction Defect Seminar, hosted at the Disneyland Resort Hotel, in Anaheim CA. Recipients of the Silver Star Awards were nominated and voted on by their peers, colleagues, and the Construction Defect Community at large, as represented by the 25,000 members who received emails on the subject. Along with “Best Expert,” recognition was also given to the best judge, mediator, plaintiff attorney, developer attorney, subcontractor attorney, coverage counsel, and insurance claims professional. Awards were handed out last Thursday during a special ceremony at this year’s Seminar. To Don, and all the worthy awardees, congratulations again! Read the court decision
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    Reprinted courtesy of

    North Carolina, Tennessee Prepare to Start Repairing Helene-damaged Interstates

    October 07, 2024 —
    Damage from Hurricane Helene to interstates between North Carolina and Tennessee includes washed-out roads and bridges, landslides and extensive flooding—creating a long list of repair work needed for state transportation agencies as they prepare to rebuilding critical highways across the Appalachian Mountains. Reprinted courtesy of Derek Lacey, Engineering News-Record Mr. Lacey may be contacted at laceyd@enr.com Read the full story... Read the court decision
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    Reprinted courtesy of

    New York Regulator Issues Cyber Insurance Guidelines

    March 29, 2021 —
    From the rise of ransomware attacks to the recent SolarWinds-based cyber espionage campaign that struck at the very heart of the U.S. Government, it is apparent that cybersecurity is more critical than ever. COVID-19 and the remote workplace has only served to embolden cyber criminals, and cyber risk now permeates nearly every aspect of modern life from health care data to national security. Cyber insurance plays a critical role in managing cyber risk, and businesses increasingly rely on such coverage to minimize cyber losses. Because of surging cybercrime, it is estimated that the cyber insurance market will increase from $3.15 billion in 2019 to $20 billion by 2025. Having a robust cyber insurance market and ample available coverage is vital to U.S. businesses. In recognition of this reality, the New York Department of Financial Services recently issued the first guidance by a U.S. regulator on cyber insurance—a Cyber Insurance Risk Framework. A key premise of the Framework is to drive improved cybersecurity and cyber risk management, thereby reducing cyberattacks and ensuring that cyber insurance premiums do not spiral out of control. The Framework recognizes the importance of ensuring a healthy cyber insurance market, and applies to all property/casualty insurers that write cyber insurance. Read the court decision
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    Reprinted courtesy of Anne Kelley, Newmeyer Dillion
    Ms. Kelley may be contacted at anne.kelley@ndlf.com

    Deck Collapse Raises Questions about Building Defects

    July 31, 2013 —
    The Inquisitor reports that twenty-one people were injured when a deck collapsed at a rental apartment in Ocean Isle Beach, North Carolina. Most of the injuries were not serious. The mayor of Ocean Isle Beach attributed the problem to more people crowding onto it than it was designed for. “I do not think the N.C. building code anticipates 20 to 30 to people in a small deck at one time,” she said. Read the court decision
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    Reprinted courtesy of