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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

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    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

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    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


    Conspirators Bilked Homeowners in Nevada Construction Defect Claims

    Real Estate & Construction News Round-Up (06/29/22)

    Basement Foundation Systems’ Getting an Overhaul

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

    The 2024 Colorado Legislative Session Promises to be a Busy One for the Construction Industry and its Insurers

    BHA at the 10th Annual Construction Law Institute, Orlando

    Motion to Dismiss COVID Claim Granted in Part, Denied in Part

    Falling Tree Causing Three Injuries/Deaths Is One Occurrence

    NY Construction Safety Firm Falsely Certified Workers, Says Manhattan DA

    How is Negotiating a Construction Contract Like Buying a Car?

    Home Prices in 20 U.S. Cities Increased 5% in Year to June

    Amazon’s Fatal Warehouse Collapse Is Being Investigated by OSHA

    #8 CDJ Topic: The Las Vegas HOA Fraud Case Concludes but Controversy Continues

    California Court Forces Insurer to Play Ball in COVID-19 Insurance Coverage Suit

    The Future of Construction Tech Is Decision Tech

    Supreme Court Upholds Prevailing Wage Statute

    Miller Act Bond Claims Subject to “Pay If Paid”. . . Sometimes

    ASCE Releases New Report on Benefits and Burdens of Infrastructure Investment in Disadvantaged Communities

    Contractors: Consult Your Insurance Broker Regarding Your CGL Policy

    D.R. Horton Profit Beats Estimates as Home Sales Jumped

    Montana Court Finds Duty to Defend over Construction Defect Allegation

    Builders Beware: Smart Homes Under Attack by “Hide ‘N Seek” Botnet

    University of California Earthquake Report Provides List of Old Concrete Buildings in LA

    Nevada Governor Signs Construction Defect Reform Bill

    When is a “Notice of Completion” on a California Private Works Construction Project Valid? Why Does It Matter for My Collection Rights?

    Developers Celebrate Arizona’s Opportunity Zones

    Viewpoint: A New Approach to Job Site Safety Reaps Benefits

    No Duty to Indemnify When Discovery Shows Faulty Workmanship Damages Insured’s Own Work

    Construction Insurance Rates Up in the United States

    Insurer’s Optional Appeals Process Does Not Toll Statute of Limitations Following Unequivocal Written Denial

    After Breaching its Duty to Defend, Insurer Must Indemnify

    Texas Law Bars Coverage under Homeowner’s Policy for Mold Damage

    Even Where Fraud and Contract Mix, Be Careful With Timing

    More Thoughts on “Green” (the Practice, not the Color) Building

    Excess Insurer On The Hook For Cleanup Costs At Seven Industrial Sites

    Preventing Costly Litigation Through Your Construction Contract

    When an Intentional Act Results in Injury or Damage, it is not an Accident within the Meaning of an Insurance Policy Even When the Insured did not Intend to Cause the Injury or Damage

    Texas School District Accepts Settlement Agreement in Construction Defect Case

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    Ruling Finds Builder and Owners at Fault in Construction Defect Case

    Congratulations to Woodland Hills Partner Patrick Au and Senior Associate Ava Vahdat on Their Successful Motion for Summary Judgment!

    U.K. Puts Tax on Developers to Fund Safer Apartment Blocks

    Pollution Exclusion Prevents Coverage for Injury Caused by Insulation

    EPC Contractors Procuring from Foreign Companies need to Reconsider their Contracts

    Can Your Small Business Afford to Risk the Imminent Threat of a Cyber Incident?

    Duty to Defend Construction Defect Case Triggered by Complaint's Allegations

    Court Denies Insurers' Motions for Summary Judgment Under All Risk Policies

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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. 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

    "On Second Thought"

    October 28, 2024 —
    Rehearing requests are seldom granted by courts, and when they are, there’s usually something uniquely compelling in the request and the granting. So is the case in a matter involving monies deposited in the registry of the federal court in New Orleans related to work performed on cleanup after Hurricanes Maria and Irma in the U.S. Virgin Islands. The party depositing monies – which represented subcontract sums paid to it by the general contractor – held back several hundred thousand dollars based on withholding provisions in the various contracts in play. The Court was tasked with evaluating not only a pay-when-paid provision in the subcontract of the claiming party, but also incorporation of the terms of a higher tiered contract which allowed for the withholding. The Court initially granted summary judgment allowing the monies to be withheld. However, on request for rehearing, it was pointed up that while monies could be retained for purposes of covering attorney’s fees and costs related to litigation initiated by the plaintiff subcontractor’s vendors, there was a particular process for that withholding – and an assertion that the process was not followed. Read the court decision
    Read the full story...
    Reprinted courtesy of Daniel Lund III, Phelps
    Mr. Lund may be contacted at daniel.lund@phelps.com

    Mass Timber Reduces Construction’s Carbon Footprint, But Introduces New Risk Scenarios

    March 04, 2024 —
    Mass timber has the potential to be a critical building component for the cities of the near future given the need for the construction sector to reduce its reliance on concrete and steel to lower its Co2 emissions. However, as this market grows and mass timber buildings evolve to greater heights, the construction risk landscape will also be transformed, bringing risk management challenges for companies, according to the new Emerging Risk Trend Talk report from Allianz Commercial. “The emergence of mass timber as a sustainable construction alternative represents a significant opportunity for the building sector to reduce its carbon footprint while also satisfying a demand for a material that is more cost-efficient but as durable as steel and concrete,” says Michael Bruch, Global Head of Risk Advisory Services at Allianz Commercial. “However, in any industry, deployment of new materials or processes can result in new risk scenarios, potential defects, or unexpected safety consequences, as well as bringing benefits, and mass timber is no different. Given this market’s expected future growth, companies should do all they can to develop a greater understanding of their exposures including fire, water damage, repetitive loss scenarios and even termite infestation, and ensure they have robust loss prevention measures in place to combat these.” The need for mass timber The building and construction sector is among the largest contributors to Co2 emissions, accounting for over 34% of energy demand and around 37% of energy and process related Co2 emissions in 2021 [1]. Given emissions reduction is essential to meet climate change commitments around the world, the need for more sustainable solutions in the built environment has become increasingly important, driven by growing investor and consumer concerns, and legislation, regulation and reporting requirements evolving quickly in many jurisdictions around the world. Read the court decision
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    Reprinted courtesy of Allianz Commercial

    Plehat Brings Natural Environments into Design Tools

    May 01, 2019 —
    Natural elements are an essential part of the built environment. However, BIM tools offer almost no support to landscape architecture. Plehat is introducing a new solution that helps architects and decision-makers to understand the dynamics of nature and make smart design choices. Plehat used photogrammetric 3D models of Uunisaari islands, to the south of Helsinki. The experimenters modeled the buildings and the plants on the island and used game engine software to create a virtual reality (VR) experience. They called the app the “Landscape Time Machine”. The technology solution they developed paved the way for new software that the company will launch later this year. In 2018, Plehat, a landscape design startup, received funding from the Finnish national KIRA-digi digitalization project to carry out a test. The experimentation demonstrated how seasonal changes and weather conditions affect plants, and how the environment can be visualized and analyzed virtually. Read the court decision
    Read the full story...
    Reprinted courtesy of Aarni Heiskanen, AEC Business
    Mr. Heiskanen may be contacted at aec-business@aepartners.fi

    Insurer Has Duty to Defend Faulty Workmanship Claim

    January 22, 2024 —
    The magistrate judge recommended a determination that the insurer owed a defense to the subcontractor sued for faulty workmanship. Hanover Lloyds Ins Co. v. Donegal Mut. Ins. Co., 2023 U.S. Dist. LEXIS 180877 (W.D. Texas Oct. 5, 2023). Poe Investments, Ltd. entered into an agreement with Jordan Foster Construction, LLC for construction of an auto sales and service facility ("Facility"). Jordan hired multiple subcontractors, including Texas Electrical Contractors, LLC ("TEC"). Subsequently, Poe sold the Facility to 6330 Montana, LLC ("Montana"). Montana filed suit against Jordan for breach of express warranties, breach of contract, and negligence. Jordon filed a third-party complaint against its subcontractors, including TEC. Jordan alleged that TEC provided "defective and negligent construction work" while carrying out the provision and installation of electrical and fire alarm systems at the Facility. 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

    D.R. Horton Earnings Rise as Sales and Order Volume Increase

    May 07, 2015 —
    D.R. Horton Inc., the largest U.S. homebuilder by revenue, said fiscal second-quarter earnings rose as sales increased in a sign of growing demand for new homes. Net income climbed to $147.9 million, or 40 cents a share, for the three months ended March 31 from $131 million, or 38 cents, a year earlier, the Fort Worth, Texas-based company said Wednesday in a statement. The average of 15 analyst estimates was 38 cents a share, according to data compiled by Bloomberg. “The spring selling season at D.R. Horton is off to a strong start,” Chairman Donald R. Horton said in the statement. “Our increasingly diverse product offerings are enabling us to expand our industry-leading market share.” Read the court decision
    Read the full story...
    Reprinted courtesy of John Gittelsohn, Bloomberg
    Mr. Gittelsohn may be contacted at johngitt@bloomberg.net

    Real Estate Trends: Looking Ahead to 2021

    November 09, 2020 —
    2020 has been an unprecedented year, and, while there are likely more twists and turns to come before December 31, it is essential to look at how the real estate markets have changed this year and which trends are likely to continue into 2021. The COVID-19 pandemic has impacted nearly every industry, including commercial real estate, and its impact will continue to influence the market and commercial real estate long after the virus has been eradicated. Commercial Real Estate Loan Modifications As the United States’ economy stalled, shut down and slowly started to recover throughout 2020, many businesses were negatively impacted, and most property owners found themselves negotiating with both their lenders and tenants. As tenants were unable to pay rent, property owners were unable to service their debt, which led to a surge of loan modifications this year. This trend certainly will continue through the first half of 2021, as the economy continues to recover. Read the court decision
    Read the full story...
    Reprinted courtesy of Adam Weaver, Pillsbury
    Mr. Weaver may be contacted at adam.weaver@pillsburylaw.com

    Foreign Entry into the United States Construction, Infrastructure and PPP Markets

    September 11, 2023 —
    Two major forces are combining to create extraordinary opportunities for infrastructure project participants in the United States. One is the long pent-up demand for overhaul of the nation’s roads, ports, dams and other civil works. The American Society of Civil Engineers (ASCE) routinely awards “C-” or worse grades for the status and safety of the country’s backbone facilities. The lack of prior investment is apparent to anyone who uses public transit in the U.S. and then uses similar conveniences in major cities around the globe. The other is the set of political incentives laid down by recent legislation including the Infrastructure Investment and Jobs Act and the Inflation Reduction Act, which have authorized over $1 trillion for programs, many of which call for new and expanded facilities. According to the 2023 U.S. Construction Industry Databook Report, the national construction market is expected to record a compound annual growth rate of 5.2% during 2023 – 2027, and the aggregate output is expected to reach $1.7 trillion by 2027. Read the court decision
    Read the full story...
    Reprinted courtesy of Robert A. James, Pillsbury
    Mr. James may be contacted at rob.james@pillsburylaw.com

    Land Planners Not Held to Professional Standard of Care

    October 10, 2013 —
    Recently, the Colorado Court of Appeals indicated that there is no professional duty of care applicable to land planners. See Stan Clauson Associates, Inc. v. Coleman Brothers Constr., LLC, 297 P.3d 1042 (Colo. App. 2013). Stan Clauson Associates, Inc. (“SCA”) agreed to provide land planning services to Coleman Brothers Construction, LLC (“Coleman”) for property referred to as Crown Mountain in a letter and then verbally agreed to provide a development analysis for another property, located on Emma Road in Basalt, Colorado. Thereafter, SCA sent letters to the defendant concerning the possible subdivision and development of the Emma Road property. Approximately two years later, SCA sued Coleman for breach of the verbal agreement concerning the Emma Road property. Coleman then asserted counterclaims against SCA for negligently providing inaccurate advice about whether the Emma Road property could be subdivided and developed, and that the county had denied the planned unit development sketch plan SCA prepared and submitted on behalf of Coleman. The district court granted SCA’s motion for summary judgment thereby concluding that the economic loss rule barred Coleman’s negligence counterclaims. The Court of Appeals agreed. In its opinion, the Court of Appeals reiterated the economic loss rule espoused in the Colorado Supreme Court in the Town of Alma v. AZCO Constr., Inc., 10 P.3d 1256, 1264 (Colo. 2000) case. “Under the economic loss rule, ‘a party suffering only economic loss from the breach of an express or implied contractual duty may not assert a tort claim for such a breach absent an independent duty of care under tort law.’” Read the court decision
    Read the full story...
    Reprinted courtesy of Heather Anderson
    Heather Anderson can be contacted at anderson@hhmrlaw.com