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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


    Breach Of Duty of Good Faith And Fair Dealing Packaged With Contract Disputes Act Claim

    Gaps in Insurance Created by Complex Risks

    90 and 150: Two Numbers You Must Know

    Waiver of Subrogation and Lack of Contractual Privity Bars Commercial Tenants’ Claims

    BHA has a Nice Swing: Firm Supports CDCCF Charity at 2014 WCC Seminar

    Appeals Court Explains Punitive Damages Awards For Extreme Reprehensibility Or Unusually Small, Hard-To-Detect Or Hard-To-Measure Compensatory Damages

    Increase in Single-Family New Home Sales Year-Over-Year in January

    Acquisition, Development, and Construction Lending Conditions Ease

    Europe’s Satellites Could Help Catch the Next Climate Disaster

    With Vice President's Tie-Breaker, US Senate Approves Far-Reaching Climate Bill

    Nevada Governor Signs Construction Defect Reform Bill

    Florida’s Third District Court of Appeal Suggests Negligent Repairs to Real Property Are Not Subject to the Statute of Repose

    Ivanhoe Cambridge Plans Toronto Office Towers, Terminal

    $5 Million Construction Defect Lawsuit over Oregon Townhomes

    Real Estate & Construction News Round-Up 05/04/22

    Job Gains a Positive for Housing

    Kahana & Feld P.C. Enhances Client Offerings, Expands Litigation Firm Leadership

    St. Petersburg Florida’s Tallest Condo Tower Allegedly Riddled with Construction Defects

    House Passes Bill to Delay EPA Ozone Rule

    When an Insurer Proceeds as Subrogee, Defendants Cannot Assert Contribution Claims Against the Insured

    Revisiting Statutory Offers to Compromise

    CDJ’s Year-End Review: The Top 10 CD Topics of 2014

    Another Reason to Always Respond (or Hensel Phelps Wins One!)

    Updates to the CEQA Guidelines Have Been Finalized

    $24 Million Verdict Against Material Supplier Overturned Where Plaintiff Failed To Prove Supplier’s Negligence Or Breach Of Contract Caused A SB800 Violation

    Another Reminder that Your Construction Contract is Only as Good as Those Signing It

    Diggin’ Ain’t Easy: Remember to Give Notice Before You Excavate in California

    N.J. Governor Fires Staff at Authority Roiled by Patronage Hires

    Condominium Exclusion Bars Coverage for Construction Defect

    Breath of Fresh Air

    City in Ohio Sues Over Alleged Roof Defects

    Colorado Supreme Court Decision Could Tarnish Appraisal Process for Policyholders

    Baby Boomer Housing Deficit Coming?

    VOSH Jumps Into the Employee Misclassification Pool

    Federal Interpleader Dealing with Competing Claims over Undisputed Payable to Subcontractor

    When Cyber Crooks Steal Payments, Think Insurance Makes Up The Loss? Think Again.

    Construction Worker Dies after Building Collapse

    Concurrent Causation Doctrine Applies Where Natural and Man-made Perils Combine to Create Loss

    New Executive Orders Expedite the Need for Contractors to Go Green

    NY Attorney General to Propose Bill Requiring Climate Adaptation for Utilities

    In Oregon Construction Defect Claims, “Contract Is (Still) King”

    Rhode Island District Court Dismisses Plaintiff’s Case for Spoliation Due to Potential Unfair Prejudice to Defendant

    Insurer’s “Failure to Cooperate” Defense

    Construction Lien Needs to Be Recorded Within 90 Days from Lienor’s Final Furnishing

    Insured's Testimony On Expectation of Coverage Deemed Harmless

    Formal Request for Time Extension Not Always Required to Support Constructive Acceleration

    Contractor Prevailing Against Subcontractor On Common Law Indemnity Claim

    Rebuilding the West: Construction Considerations After the Smoke Clears

    Contractor Sues License Board

    Transportation Officials Make the Best of a Bumpy 2020
    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

    PPP Loan Extension Ending Aug. 8

    August 03, 2020 —
    There is just over one week left to apply for the extended period of the Paycheck Protection Program, which will accept new applications through Aug. 8. Congress extended the legislation by unanimous consent on June 30 and President Trump signed the bill into law on July 4, 2020, allowing approximately $131.9 billion in funding to remain accessible to small businesses affected by the COVID-19 pandemic. Associated Builders and Contractors has expressed support for several changes to the PPP, but submitted comments on July 27, 2020, to the U.S. Department of the Treasury and U.S. Small Business Administration regarding changes to an interim final rule altering loan forgiveness and loan review procedures. ABC urges the government agencies to:
    • Provide further guidance on when businesses should apply for loan forgiveness and when they are notified of their forgiveness status.
    • Issue further guidance on the PPP audit process.
    • Increase flexibility for employee retention requirements and loan forgiveness.
    • Provide further clarification of non-payroll costs.
    • Refocus efforts to deliver PPP funds to underserved communities and minority businesses.
    Reprinted courtesy of Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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    Reprinted courtesy of

    Claims Against Broker Dismissed

    June 20, 2022 —
    Claims that the broker failed to secure adequate coverage for condominium owners were dismissed. Ting Lin v. Mountain Valley Indemn. Co., 2022 N.Y. Misc. LEXIS 1254 (N.Y. Sup. Ct. March 10, 2022). The amended complaint alleged the agent, Century Max Inc., breached its duty to advise and sell to plaintiffs a homeowners and fire policy far in excess of $100,000 for their condominium unit, which was worth in excess of $600,000. Century moved to dismiss A fire in the building forced all owners to vacate their units. The entire building was thereafter declared unsafe for habitation by the City of New York. The condominium owners met and voted to not restore the building, but to sell the burnt-out shell and distribute the sales proceeds and the condominium's insurance among the unit owners. There was no indication that the owners would not be made whole once the funds were distributed. 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

    Apartment Construction Ominously Nears 25-Year High

    August 27, 2014 —
    If you live in a major U.S. city and look out over the skyline, chances are good you’ll see construction cranes. Lots of them. Only twice in the past 25 years have new apartment buildings been going up as fast as they are right now. That’s not necessarily a good omen. The first time, in February 2000, was right before the dot-com bubble burst. The second time, January 2006, came right before the housing bubble burst. Now we learn that builders broke ground on 423,000 new multifamily units in July, right before … who knows what? Monthly building data released earlier this week by the Census Bureau and the Department of Housing and Urban Development showed that new home construction overall posted strong gains in July, with the highest number of new home starts in eight months. The comeback largely manifested in an uptick in apartment buildings with five or more units, which saw an almost 50 percent increase in new starts in July over a year earlier. By comparison, starts on single-family homes were up only about 10 percent over the same period. That’s part of the reason that the Northeast, with its large, dense cities, saw the biggest monthly increase, up 44 percent from June. That matches the analysis by Trulia (TRLA) Chief Economist Jed Kolko, who found that among metro areas, Boston and New York are building more than in the past. Read the court decision
    Read the full story...
    Reprinted courtesy of Karen Weise, Bloomberg
    Ms. Weise may be contacted at kweise@bloomberg.net

    New OSHA Fall Rules to Start Early in Minnesota

    June 14, 2011 —

    Minnesota has elected to implement the new OSHA rules concerning fall prevention in residential construction on June 20, well before OSHA’s September 15 deadline. Brian Johnson, reporting in Finance and Commerce, quotes Pam Perri, the executive vice president of the Builders Association of Minnesota, “this is the worst time to implement a new rule.” Ms. Perri notes “In Minnesota, education time for the residential construction industry is between November and March 1, not in the middle of the construction season.”

    Mike Swanson of Rottlund Homes estimated that the new regulations would add between $200 to $500 to the cost of a house and that he felt the current safety regulations were adequate. OSHA officials are quoted that there continues “to be a high number of fall-related deaths in construction.”

    Read the fully story…

    Read the court decision
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    Reprinted courtesy of

    It's a Wrap! Enforcing Online Agreements in Light of the CPRA

    March 08, 2021 —
    We're all familiar with it at this point. A popup comes up on your device informing you of a change to terms and conditions, or otherwise asking for permission. For those operating websites, they know that this inconvenience is required to comply with various legal requirements. What they may not be aware of yet, is that these requirements, and popups, are about to become much, much, more prevalent. Recently, the California Privacy Rights Act ("CPRA"), passed by the voters of the State of California, includes new language specifying how consent is supposed to be obtained for the collection of personal information, amending the California Consumer Privacy Act ("CCPA"). This new manner of consent rules out browsewrap agreements, and would require that popups increase as website operators shift focus to clickwrap agreements, if they have not already. Browsewrap and Clickwrap Typically, online agreements comprising Terms of Service or a Privacy Policy can be broken into either (a) browsewrap agreements - agreements that imply assent or agreement to online terms by the mere act of using a website or an online service after a clear and conspicuous notice that terms exist or (b) clickwrap agreements - agreements that show assent or agreement to online terms by having an individual click or otherwise agree to. While the best option to ensure enforceability is always the one that leaves the most documented signs of assenting to terms (i.e. a clickwrap agreement), both are typically recognized and enforced under California law. The practical effect of this is that to get consent, all that is technically needed is either to (a) show actual consent by having the person click on an "I agree" button, or (b) provide that the website visitor had ample notice that terms existed. Read the court decision
    Read the full story...
    Reprinted courtesy of Kyle Janecek, Newmeyer Dillion
    Mr. Janecek may be contacted at kyle.janecek@ndlf.com

    Snooze You Lose? Enforcement of Notice and Timing Provisions

    November 11, 2024 —
    Deadlines are an inescapable part of the construction industry. Bid deadlines. Submittal deadlines. Material delivery deadlines. Substantial completion. Final completion. And so, inevitably, fighting about deadlines becomes a necessary byproduct. Was the deadline really a deadline? Was the schedule slippage on the critical path? Should there be an equitable extension to the date of substantial completion? Given the amount of attention and concern conferred on deadlines, those drafting construction contracts naturally seek to clarify which deadlines really matter with the inclusion of notice and timing provisions. A contract’s change order and claims procedures are often a key friction point for those drafting and administering the contract. Should there be a requirement for prior written notice of a claim for cost/time relief? How much advance notice? Who should the request be sent to? Is a specific form of notice required? What are the consequences of failing to provide timely notice? A practitioner should pay careful attention to negotiating these terms on the front end, because rest assured, these contract provisions will garner scrutiny when a change order dispute boils over. Read the court decision
    Read the full story...
    Reprinted courtesy of Cornelius F. "Lee" Banta, Jr., Peckar & Abramson, P.C.
    Mr. Banta may be contacted at lbanta@pecklaw.com

    Yet ANOTHER Reminder to Always Respond

    July 11, 2021 —
    You would think I wouldn’t have to discuss the absolute need to respond to any served pleadings, particularly after some of the prior examples of what can happen if you fail to respond. Of course, I wouldn’t be starting a post like this if those that were sued contacted an experienced attorney in a timely fashion and followed this advice. Yet another example of the disastrous results that can occur simply from failing to file responsive pleadings occurred last year in the Eastern District of Virginia federal court in Alexandria, VA. In Pro-Telligent, LLC v. Amex Int’l, Inc. the Court considered a claim for breach of contract (among other causes of action) by Pro-Telligent against Amex. The operative facts are that Pro-Telligent was a subcontractor to Amex that claimed it was unpaid in the amount of $279,660.27, its Complaint was served on January 7, 2021, and Amex did not respond within the required 21-day window. The Court then held a hearing on February 28, 2020, regarding the validity of the Clerk of Court’s entry of default per the rules of court. 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

    “It Just Didn’t Add Up!”

    November 05, 2024 —
    Overturning arbitration awards in court is difficult. One of the few bases for a challenge to an award (under the Federal Arbitration Act, 9 U.S.C. 10(a)(4), as well as most state arbitration laws) is where the arbitrator is alleged to have “exceeded [his/her] powers” afforded the arbitrator by whatever rules and agreements are in place for the arbitration. Obviously, this places a burden on the arbitrator to “color within the lines” when serving as arbitrator and issuing rulings in the case. “After extensive discovery and a 10-day hearing, the Tribunal rendered a 142-page” award, whereupon the parties both sought to have the arbitrators correct what the parties agreed was an error in the award – increasing the award by $47,710. One of the parties, however, went further, urging that the arbitrators “erroneously included damages for claims related to production revenue” that occurred before a certain date. According to the court, that party was urging that “the Tribunal erred by factoring into its award damages related to Claims 2 and 3, which the Tribunal never substantially addressed.” Read the court decision
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    Reprinted courtesy of Daniel Lund III, Phelps
    Mr. Lund may be contacted at daniel.lund@phelps.com