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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

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    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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    Local # 0755
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    Rocky Hill, CT 06067

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    Local # 0710
    110 Brook St
    Torrington, CT 06790

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    3 Regency Dr Ste 204
    Bloomfield, CT 06002

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    Real Estate & Construction News Round-Up 04/13/22

    Conditional Judgment On Replacement Costs Awarded

    New York Bridge to Be Largest Infrastructure Project in North America

    Additional Insured Not Entitled to Indemnity Coverage For Damage Caused by Named Insured

    New Jersey Firm’s Fee Action Tossed for not Filing Substitution of Counsel

    Window Installer's Alleged Faulty Workmanship On Many Projects Constitutes Multiple Occurrences

    Tightest Credit Market in 16 Years Rejects Bernanke’s Bid

    2021 Executive Insights: Leaders in Construction Law

    A Good Examination of Fraud, Contract and Negligence Per Se

    A Few Green Building Notes

    Newmeyer & Dillion Announces Three New Partners

    Curtain Wall Suppliers Claim Rival Duplicated Unique System

    Owners Should Serve Request for Sworn Statement of Account on Lienor

    Condo Board May Be Negligent for not Filing Construction Defect Suit in a Timely Fashion

    Kushner Company Files Suit Against Jersey City Over Delays to Planned Towers

    An Insurance Policy Isn’t Ambiguous Just Because You Want It to Be

    For Whom Additional Insured Coverage Applies in New York

    Contractual Waiver of Consequential Damages

    ASCE Statement on Passing of Senator Dianne Feinstein

    EPA Seeks Comment on Clean Water Act Section 401 Certification Rule

    Alleged Defective Water Pump Leads to 900K in Damages

    Stop by BHA’s Booth at WCC and Support the Susan G. Komen Foundation

    Increasing Use of Construction Job Cameras

    Fatal Crane Collapse in Seattle Prompts Questions About Disassembly Procedures

    Reinsurer Must Reimburse Health Care Organization for Settlement Costs

    Window Manufacturer Weathers Recession by Diversifying

    Ninth Circuit Resolves Federal-State Court Split Regarding Whether 'Latent' Defects Discovered After Duration of Warranty Period are Actionable under California's Lemon Law Statute

    Terms of Your Teaming Agreement Matter

    What a Difference a Day Makes: Mississippi’s Discovery Rule

    Forum Selection Provisions Are Not to Be Overlooked…Even On Federal Projects

    Florida Accuses Pool Contractor of Violating Laws

    California Beach Hotel to Get $185 Million Luxury Rebuild

    Eye on Housing Examines Costs of Green Features

    Mandatory Energy Benchmarking is On Its Way

    Nonparty Discovery in California Arbitration: How to Get What You Want

    NAHB Speaks Out Against the Clean Water Act Expansion

    Anti-Assignment Provision Unenforceable in Kentucky

    Falling Crime Rates Make Dangerous Neighborhoods Safe for Bidding Wars

    An Occurrence Under Builder’s Risk Insurance Policy Is Based on the Language in the Policy

    Index Demonstrates Increase in Builders’ Sentiment

    New York City Council’s Carbon Emissions Regulation Opposed by Real Estate Board

    Caveat Emptor (“Buyer Beware!”) Exceptions

    Michigan: Identifying and Exploiting the "Queen Exception" to No-Fault Subrogation

    Colorado Hotel Neighbors Sue over Construction Plans

    Cold Stress Safety and Protection

    Spotting Problem Projects

    Two Worthy Insurance Topics: (1) Bad Faith, And (2) Settling Without Insurer’s Consent

    Bremer Whyte Brown & O’Meara LLP Attorneys to Speak at the 2016 National Construction Claims Conference

    Developer Boymelgreen Forced to Hand Over Financial Records for 15 Broad Street

    New York vs. Miami: The $50 Million Penthouse Battle From Zaha Hadid
    Corporate Profile

    FAIRFIELD CONNECTICUT BUILDING EXPERT
    DIRECTORY AND CAPABILITIES

    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

    San Diego County Considering Updates to Green Building Code

    August 06, 2014 —
    The San Diego County Board of Supervisors is meeting today to discuss “proposed building code amendments designed to promote energy efficiency in new homes,” according to Times of San Diego. Possible recommendations include “install electrical panels large enough to accommodate future improvements; put in a conduit that could be used for future roof-mounted solar panels; reserve space on south-facing roofs where solar panels might be added later;” and others. If the recommendations are approved, the “staff would draft detailed building code amendments and return early next year to get them adopted.” Read the court decision
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    Reprinted courtesy of

    As Florence Eyes East Coast, Are You Looking At Your Insurance?

    October 02, 2018 —
    Hurricane Florence will affect the U.S. east coast later this week with significant damage to property and resulting business disruption. Businesses far-removed from the impact zone also will be affected as manufacturing, retail, travel and supply chains, among other industries, are disrupted by the physical damage. For those in the impact zone, knowing the fundamentals about your property insurance is critical. For those in remote locations, now is a good time to refresh yourself as well, since post-storm disruptions and losses require prompt notice to insurers and fast action to help mitigate any resulting loss. A failure on either front could jeopardize coverage. Reprinted courtesy of Michael S. Levine, Hunton Andrews Kurth and Andrea DeField, Hunton Andrews Kurth Mr. Levine may be contacted at mlevine@HuntonAK.com Ms. DeField may be contacted at adefield@HuntonAK.com Read the court decision
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    Association Insurance Company v. Carbondale Glen Lot E-8, LLC: Federal Court Reaffirms That There Is No Duty to Defend or Indemnify A Builder For Defective Construction Work

    December 20, 2017 —
    In a case that squarely confronts the juxtaposition of an insurer’s duty to defend or indemnify its insured for construction related defects, the United States District Court for the District of Colorado recently granted an insurer’s motion for summary judgment on both matters against a construction subrogee, in Ass’n Ins. Co. v. Carbondale Glen Lot E-8, LLC, No. 15-cv-02025-RPM, 2016 WL 9735743, at *1 (D. Colo. Oct. 10. 2017). Mountainview Construction Services, LLC (“MCS”) served as the general contractor for the construction of a residence on a lot owned by Glen Lot E-8, LLC (“E-8”). MCS took out a Commercial General Liability Policy (“Policy”) with Association Insurance Company (“AIC”) that provided coverage to MCS for the relevant time period for the construction of the residence. E-8 then asserted a series of claims against MCS, based on the allegation that MCS and its subcontractors defectively constructed the home by, among other things, building the residence two feet too high in violation of applicable codes. E-8 also argued that MCS and its subcontractors made significant alterations and/or deviations from the original project specifications without obtaining E-8’s consent or approval from relevant authorities. MCS tendered the claim to AIC for defense and indemnity. In turn, AIC declined coverage on the argument that the Policy precluded any coverage for defective work MCS may have performed on the project, absent damage to person or other property. Read the court decision
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    Reprinted courtesy of David M McLain, Higgins, Hopkins, McLain & Roswell, LLC
    Mr. McLain may be contacted at mclain@hhmrlaw.com

    The ABCs of PFAS: What You Need to Know About Liabilities for the “Forever Chemical”

    February 22, 2021 —
    This article is based on a presentation the authors made at White and Williams LLP’s Virtual Coverage College® on October 22, 2020. Every year, hundreds of insurance professionals come to Philadelphia—this year via our online platform—to participate in a full day of lectures and interactive presentations by White and Williams lawyers and guest panelists about the latest issues and challenges involved in claim handling and insurance litigation. Visit coveragecollege.com for more information and stay tuned for Coverage College® 2021. Perfluoroalkyl and polyfluoroalkyl substances, commonly referred to as PFAS or PFOS, have been a key ingredient in numerous industrial and consumer products for decades. These man-made chemicals are prevalent and are also known for their longevity in the environment. More recently, PFAS have been the focus of thousands of lawsuits alleging personal injury and property damage. Some insurers have already questioned whether PFAS could rival asbestos in scope and bottom-line impacts. It is a legacy that confronts manufacturers and other defendants and insurers today. This article provides a primer on PFAS, including the current regulatory framework and litigation landscape. We also identify some key emerging coverage issues insurers should be aware of when dealing with PFAS claims under liability and first-party property policies. Reprinted courtesy of Robert F. Walsh, White and Williams LLP and Gregory S. Capps, White and Williams LLP Mr. Walsh may be contacted at walshr@whiteandwilliams.com Mr. Capps may be contacted at cappsg@whiteandwilliams.com Read the court decision
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    Reprinted courtesy of

    A Race to the Finish on Oroville Dam Spillway Fix

    October 09, 2018 —
    The Lake Oroville spillway’s 400-acre construction site is an intense flurry of activity. In one corner, an excavator driver uses an old tire as a squeegee to clean away loose rock and prep a foundation. In the steeply sloping spillway chute, a crane operator flies in a rebar cage to workers who tie it into neighboring chute wall segments. Everywhere, dump trucks buzz around the circuitous roadways while rock crushers and batch plants keep pace with dozens of dozers and excavators. Drones hover in the sky photographing and surveying the site, while inspectors pour over every detail of the finished assets. Read the court decision
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    Reprinted courtesy of Scott Blair, ENR
    Mr. Blair may be contacted at blairs@enr.com

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

    December 16, 2023 —
    Introduction In a matter of “first impression,” on November 30, 2023, the Appellate Division affirmed the New Jersey Superior Court decision in Ernest Bock & Sons-Dobco Pennsauken Joint Venture v. Township of Pennsauken and Terminal Construction Corp., finding that the New Jersey Public Works Contractor Registration Act, N.J.S.A. 34:11-56.48 to -56.57 (“PWCRA” or the “Act”), applies to a joint venture formed for the sole purpose of bidding on a public works contract. Therefore, the Court held that the PWCRA requires any joint venture bidding on public works projects in New Jersey to be registered under the Act at the time of bid submission. Accordingly, the Township of Pennsauken acted within its authority and properly rejected the bid submission of the Ernest Bock & Sons-Dobco Joint Venture which was not registered under the Act in the name of the joint venture at the time of its bid submission, despite the individual members of the joint venture being registered. Reprinted courtesy of Nicholas J. Zaita, Peckar & Abramson, P.C. and Brian Glicos, Peckar & Abramson, P.C. Mr. Zaita may be contacted at nzaita@pecklaw.com Mr. Glicos may be contacted at bglicos@pecklaw.com Read the court decision
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    The Firm Hits the 9 Year Mark!

    July 22, 2019 —
    It was 9 years ago today that I announced the formation and start of my solo practice, The Law Office of Christopher G. Hill, PC. Back then, my children were in elementary and middle school. Now I have two college students, one at Appalachian State University (with a budding photography talent that has provided some photos for this blog (including that on this post)) and the other at West Virginia University, and a rising high school junior. In just the past year I began a tenure on the Section Council Virginia Bar Association Construction and Public Contracts Law section and chair of its Legislative Committee where I assisted in the drafting of the change in the mechanic’s lien form that takes effect today.. I was named to both the Virginia Business Magazine Legal Elite in Construction Law and for a 3rd consecutive year to Virginia Super Lawyers in Construction Litigation. I spoke on how to deal with a DPOR complaint this past November at the 39th Annual Construction Law and Public Contracts seminar (one I highly recommend for any lawyer interested in construction). Read the court decision
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    Reprinted courtesy of The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at chrisghill@constructionlawva.com

    Mortgage Battle Flares as U.K. Homebuying Loses Allure

    January 28, 2015 —
    U.K. banks, which spent six years repairing their balance sheets after the 2008 property crash, want to advance more credit to homebuyers. Borrowers aren’t as enthusiastic. Cheap funding costs and low default rates have made homebuyers attractive to lenders in recent years, boosting returns for companies such as Nationwide Building Society and Lloyds Banking Group Plc. (LLOY) Now, with demand for property cooling, they’re having to fight harder for business. Interest rates on the most popular mortgages fell to record lows in December, according to the Bank of England. Mr. Callanan may be contacted at ncallanan@bloomberg.net; Mr. Partington may be contacted at rpartington@bloomberg.net Read the court decision
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    Reprinted courtesy of Neil Callanan and Richard Partington, Bloomberg