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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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    Local # 0720
    2189 Silas Deane Highway
    Rocky Hill, CT 06067

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    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

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    Local # 0700
    3 Regency Dr Ste 204
    Bloomfield, CT 06002

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    Building Expert News and Information
    For Fairfield Connecticut


    Defeating the Ten-Year Statute of Repose For Latent Construction Defects

    Don’t Ignore a Notice of Contest of Lien

    2016 California Construction Law Upate

    Parties Can Agree to Anything In A Settlement Agreement………Or Can They?

    Classify Workers Properly to Avoid Expensive Penalties

    Caltrans Reviewing Airspace Program in Aftermath of I-10 Fire

    Defense Owed to Insured Subcontractor, but not to Additional Insured

    Court Addresses HOA Attempt to Restrict Short Term Rentals

    Construction Site Blamed for Flooding

    Tech Focus: Water Tech Getting Smarter

    What is Toxic Mold Litigation?

    Huh? Action on Construction Lien “Relates Back” Despite Notice of Contest of Lien

    Texas Shortens Cut-Off Date for Suits Against Homebuilders Who Provide a 6-Year Written Warranty

    CGL Policy May Not Cover Cybersecurity and Data-Related Losses

    CDJ’s #10 Topic of the Year: Transport Insurance Company v. Superior Court (2014) 222 Cal.App.4th 1216.

    Consider Manner In Which Loan Agreement (Promissory Note) Is Drafted

    California Statutes Authorizing Public-Private Partnership Contracting

    Blog: Congress Strikes a Blow to President Obama’s “Fair Pay and Safe Workplaces” Executive Order 13673

    New Jersey Court Washes Away Insurer’s Waiver of Subrogation Arguments

    Home Prices in U.S. Rose 0.3% in August From July, FHFA Says

    Contractual Waiver of Consequential Damages

    Contractor’s Coverage For Additional Insured Established by Unilateral Contract

    Not Everything is a Pollutant: A Summary of Recent Cases Supporting a Common Sense and Narrow Interpretation of the CGL's Pollution Exclusion

    Insurance Measures Passed by 2015 Hawaii Legislature

    Legal Fallout Begins Over Delayed Edmonton Bridges

    CA Homeowners Challenging Alternate Pre-Litigation Procedures

    Subsequent Owners of Homes Again Have Right to Sue Builders for Construction Defects

    Bank Window Lawsuit Settles Quietly

    Miller Act and “Public Work of the Federal Government”

    Ornate Las Vegas Palace Rented by Michael Jackson for Sale

    With VA Mechanic’s Liens Sometimes “Substantial Compliance” is Enough (but don’t count on it) [UPDATE]

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

    Making the Construction Dispute Resolution Process More Efficient and Less Expensive, Part 2

    Voluntary Payments Affirmative Defense Does Not Apply in Contract Cases

    Private Statutory Cause of Action Under Florida’s Underground Facility Damage Prevention and Safety Act

    When Licensing Lapses: How One Contractor Lost a $1 Million Dispute

    Insurance Company Must Show that Lead Came from Building Materials

    Chambers USA 2019 Ranks White and Williams as a Leading Law Firm

    Additional Insurance Coverage Determined for General Contractor

    Client Alert: Design Immunity Affirmative Defense Not Available to Public Entities Absent Evidence of Pre-Accident Discretionary Approval of the Plan or Design

    New Households Moving to Apartments

    No Additional Insured Coverage Under Umbrella Policy

    Protect Projects From Higher Repair Costs and Property Damage

    Shaken? Stirred? A Primer on License Bond Claims in California

    Eleven WSHB Lawyers Honored on List of 2016 Rising Stars

    Supreme Court Eliminates Judicial 'Chevron' Deference to Federal Agency Statutory Interpretations

    Federal District Court Addresses Material Misrepresentation in First Party Property Damage Claim

    General Liability Alert: A Mixed Cause of Action with Protected and Non-Protected Activity Not Subject to Anti-SLAPP Motion

    Under Privette Doctrine, A Landowner Delegates All Responsibility For Workplace Safety to its Independent Contractor, and therefore Owes No Duty to Remedy or Adopt Measures to Protect Against Known Hazards

    Addressing the Defective Stucco Crisis
    Corporate Profile

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    The Fairfield, Connecticut Building Expert Group is comprised from a number of credentialed construction professionals possessing extensive trial support experience relevant to construction defect and claims matters. Leveraging from more than 25 years experience, BHA provides construction related trial support and expert services to the nation's most recognized construction litigation practitioners, Fortune 500 builders, commercial general liability carriers, owners, construction practice groups, and a variety of state and local government agencies.

    Building Expert News & Info
    Fairfield, Connecticut

    The Treasures Inside Notre Dame Cathedral

    May 06, 2019 —
    Paris’s Notre Dame cathedral took more than 200 years to build and just a few hours to burn. The structure’s construction began in the 12th century; six hundred years later, it was rehabilitated by Napoleon in the 1800s. In the interim, kings were crowned underneath its monumental stained glass windows even as the city around it rose, fell, and rose again. It has served as the setting of numerous historical events, including Napoleon’s coronation in 1804. In August 1944, a special mass in the cathedral attended by General Charles de Gaulle was held to celebrate the liberation of Paris from the Nazis. The spire contained relics of Saint Denis and Saint Genevieve, the patron saints of Paris, according to Laurent Ferri, a curator in the Division of Rare and Manuscript Collections at Cornell University and former conservateur du patrimoine at the French National Archives. The archbishop of Paris placed the relics at the summit of the church in 1935 to protect the building. “They are now likely reduced to ashes,” Ferri says. Reprinted courtesy of James Tarmy, Bloomberg and Eugene Reznik, Bloomberg Read the court decision
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    Reprinted courtesy of

    The Other Side of the North Dakota Oil Boom: Evictions

    May 13, 2024 —
    Williams County, North Dakota, is one of the biggest beneficiaries of the state’s fracking boom. In the past decade, millions of barrels of oil have been pumped from its land, and the population of its largest city, Williston, has doubled. But as the oil flowed and workers poured in to staff the rigs, housing options quickly ran dry. The region’s uneven expansion has led to an eviction crisis for the county’s 39,000 residents, according to a recent paper from a group of sociologists affiliated with Princeton University’s Eviction Lab. Williams County saw its eviction rate go from “nearly non-existent” in 2010 to over 7% a decade later, the study found. By 2019, at the height of its oil boom — when the state accounted for 11% of the country’s oil production — its eviction filing rate was comparable to that of large, renter-heavy cities like New York City or Philadelphia, according to Eviction Lab. Though oil production peaked in 2019, the problem hasn’t abated: From January through November 2023, more than 550 evictions were recorded by the Williams County Sheriff’s office, up around 30% from the previous full year. Read the court decision
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    Reprinted courtesy of Sarah Holder, Bloomberg

    Mortgage Interest Rates Increase on Newly Built Homes

    April 30, 2014 —
    According to the National Association of Home Builders’ (NAHB) Eye on Housing, while the Federal Housing Financing Agency (FHFA) reported a decrease in mortgage interest rates for existing homes, there was an increase in mortgage rates on newly built homes: “The average contract interest rate on conventional mortgages used to purchase newly built homes actually increased in March, from 3.91 to 4.21 percent, reversing an anomalous drop to under 4 percent that occurred in February.” “The average price and loan size on conventional mortgages used to purchase newly built homes also reversed previous month declines in March,” reported Eye on Housing. “The average price increased 5.4 percent to $427,200—the second highest number on record.” Read the court decision
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    Reprinted courtesy of

    Scaffolding Purchase Suggests No New Building for Board of Equalization

    July 30, 2014 —
    Employees at California’s Board of Equalization spoke out against the Brown administration after the state purchased new scaffolding for the defect-riddled building, rather than finding a new facility, reported the Sacramento Bee. The existing scaffolding was leased for $10,000 per month, but the lease expired, prompting the purchase of new scaffolding for about $100,000. The board’s Chairman Jerome Horton stated “that while the change may make financial sense in the short term, it sends a signal that the Department of General Services intends to keep Equalization’s 2,200 or so employees in the troubled building,” according to the Sacramento Bee. Building problems include “toxic mold, defective elevators, leaking windows, corroded wastewater pipes, floods, and exterior glass panels that spontaneously break or pop off.” So far, $2.3 million has been paid “in connection with building-related employee injury claims” along with $60 million in repairs. However, an additional $115 million is estimated to completely fix the defects. Read the court decision
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    Reprinted courtesy of

    Gordie Howe Bridge Project Team Looks for a Third Period Comeback

    September 26, 2022 —
    The late Detroit Red Wings hockey great Gordie Howe was beloved in his native Canada and in his adopted U.S. home. A new international bridge connecting both places is trying to create similar goodwill for border traffic, but the project’s public-private partnership team and the Canadian government authority it is working for will have to join together to shift lines and mount a comeback in the third period of its construction. Reprinted courtesy of Jeff Yoders, Engineering News-Record Mr. Yoders may be contacted at yodersj@enr.com Read the full story... Read the court decision
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    Colorado Supreme Court Grants the Petition for Writ of Certiorari in Vallagio v. Metropolitan Homes

    June 22, 2016 —
    We have previously reported on the Vallagio v. Metropolitan Homes case, in which the Colorado Court of Appeals upheld a provision in an association's declaration of covenants, conditions, and restrictions, which required declarant consent before an arbitration provision could be amended out of the document. To read the past articles on the case, please review Vallagio v. Metropolitan Homes: The Colorado Court of Appeals' Decision Protecting a Declarant’s Right to Arbitration in Construction Defect Cases and The Vallagio HOA Appeals the Decision from the Colorado Court of Appeals. Today, the Colorado Supreme Court granted the association's petition for writ of certiorari, en banc, on the following reframed issues:
    Whether the court of appeals erred by holding as a matter of first impression that Colorado’s Common Interest Ownership Act (“CCIOA”) permits a developer-declarant to reserve the power to veto unit owner votes to amend common interest community declarations.
    Read the court decision
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    Reprinted courtesy of David M. McClain, Higgins, Hopkins, McLain & Roswell, LLC
    Mr. McClain may be contacted at mclain@hhmrlaw.com

    To Require Arbitration or Not To Require Arbitration

    December 31, 2014 —
    Many, if not most, construction contracts that I review during the course of my practice day include a mandatory arbitration clause. Most of these refer in a blanket manner to AAA Construction Industry Rules. The topic for this post is not whether such clauses are enforceable or whether they are one tool in the contracting tool box in a state where the contract is king. I picked the title of this post carefully because I wanted to discuss whether such clauses should be required as a routine part of all construction contracts and, if so, how those clauses can and should be written. I have previously shared my thoughts on mandatory arbitration and its desirability in numerous spots here at Construction Law Musings (you can search arbitration or check out the ADR page for more). In short, my opinion is that arbitration was initially conceived with the purpose of streamlining the dispute resolution process and to correspondingly lower the costs associated with such dispute resolution. Arbitration, when used correctly, can, in certain very industry specific cases, help by using an arbitrator or panel of arbitrators that have some expertise in the particular area of the construction industry or the particular specialized issue that will turn the case one way or the other. All of these goals are good and I applaud them. Read the court decision
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    Reprinted courtesy of Christopher G. Hill, Law Office of Christopher G. Hill, PC
    Mr. Hill may be contacted at chrisghill@constructionlawva.com

    Draft Federal Legislation Reinforces Advice to Promptly Notify Insurers of COVID-19 Losses

    April 20, 2020 —
    Insurers across the country are nearly universally denying claims for business interruption stemming from the COVID-19 pandemic. Those denials have in turn been met with swift litigation and potential legislative action. The first business interruption coverage lawsuit related to COVID-19 was filed in New Orleans on March 16. There are now no less than 13 such cases nationwide and many more are likely to follow. Further, legislatures in at least seven states are considering legislation that would, to varying degrees, mandate business interruption coverage for COVID-19 losses, notwithstanding any seemingly contrary policy provisions. From the early stages of the pandemic, we have consistently advised our clients to promptly notify their insurers of all COVID-19 related losses, even where coverage appeared uncertain. The deluge of coverage litigation and contemplated legislation could drastically alter how insurers handle COVID-19 claims. But policyholders who have failed to satisfy policy notice requirements could miss out on the benefits of those changes. Therefore, policyholders would be ill-advised to sit on the sidelines and wait it out. Now, draft Federal legislation appears to add further impetus to instructions to “tender early.” The contemplated “Pandemic Risk Insurance Act of 2020” would reportedly devote billions of dollars of federal funds through a Department of Treasury administered reinsurance program designed to offset losses sustained by insurers who actually pay business interruption losses. The legislation is still taking shape but would reportedly create “a Federal program that provides for a transparent system of shared public and private compensation for business interruption losses resulting from a pandemic or outbreak of communicable disease.” President Trump is also reportedly pressuring insurers to provide business interruption coverage. The massive influx of federal funds and pressure from the White House could encourage insurers to reconsider denials of COVID-19 business interruption claims. Read the court decision
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    Reprinted courtesy of James Hultz, Newmeyer Dillion
    Mr. Hultz may be contacted at james.hultz@ndlf.com