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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


    Suzanne Pollack Elected to Lawyers Club of San Diego 2021 Board of Directors

    Taking the Stairs to Human Wellness and Greener Buildings

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

    Nevada Governor Signs Construction Defect Reform Bill

    After Restoring Power in North Carolina, Contractor Faces Many Claims

    Insureds' Summary Judgment Motion on Mold Limitation Denied

    Are Modern Buildings Silently Killing Us?

    Pinterest Nixes Big San Francisco Lease Deal in Covid Scaleback

    Select the Best Contract Model to Mitigate Risk and Achieve Energy Project Success

    CISA Clarifies – Construction is Part of Critical Infrastructure Activities

    SkenarioLabs Uses AI for Property Benchmarking

    Will On-Site Robotics Become Feasible in Construction?

    Contractual Setoff and Application When Performance Bond Buys Out of its Exposure

    Marlena Ellis Makes The Lawyers of Color Hot List of 2022

    Intentional Mining Neighbor's Property is Not an Occurrence

    Washington High Court Holds Insurers Bound by Representations in Agent’s Certificates of Insurance

    San Francisco Museum Nears $610 Million Fundraising Goal

    New Addition To New Jersey Court Rules Impacts More Than Trial Practice

    Insurers Get “Floored” by Court of Appeals Regarding the Presumptive Measure of Damages in Consent Judgments

    Bar Against Forum Selection Clauses in Construction Contracts Extended to Design Professionals

    Colorado Supreme Court to Hear Colorado Pool Systems, Inc. v. Scottsdale Insurance Company, et al.

    Oregon Supreme Court Confirms Broad Duty to Defend

    Real Estate & Construction News Roundup (04/26/23) – The Energy Transition and a Bit of Brick-and-Mortar Blues

    Experts Weigh In on Bilingual Best Practices for Jobsites

    New Change Order Bill Becomes Law: RCW 39.04.360

    District Court's Ruling Affirmed in TCD v American Family Mutual Insurance Co.

    Effects of Amendment to Florida's Statute of Repose on the Products Completed Operations Hazard

    California Court of Appeal Adopts Horizontal Exhaustion Rule

    Enforceability Of Subcontract “Pay-When-Paid” Provisions – An Important Update

    Federal Court Denies Summary Judgment in Leaky Condo Conversion

    Finding Highway Compromise ‘Tough,’ DOT Secretary Says

    Eighth Circuit Considers Judicial Estoppel in Hazardous Substance Release-Related Personal Injury Case

    Environmental Justice: A Legislative and Regulatory Update

    Google’s Floating Mystery Boxes Solved?

    You Cannot Arbitrate Claims Not Covered By The Arbitration Agreement

    Project Labor Agreements Will Now Be Required for Large-Scale Federal Construction Projects

    Construction Executives Expect Improvements in the Year Ahead

    Courts Will Not Rewrite Your Post-Loss Property Insurance Obligations

    California Court of Appeal Clarifies Intent of Faulty Workmanship Exclusions

    Why You May Not Want a Mandatory Mediation Clause in Your Construction Contract

    Contractor to Repair Defective Stucco, Plans on Suing Subcontractor

    Bid Protests: The Good, the Bad and the Ugly (Redeux)

    A New Study on Implementing Digital Visual Management

    New York’s Lawsky Proposes Changes to Reduce Home Foreclosures

    No Coverage for Sink Hole Loss

    "Is the Defective Work Covered by Insurance?"

    Quick Note: Staying, Not Dismissing, Arbitrable Disputes Under Federal Arbitration Act

    What If There Is a Design Error?

    Drafting the Bond Form, Particularly Performance Bond Form

    California Contractors – You Should Know That Section 7141.5 May Be Your Golden Ticket
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    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

    Sub-Limit Restricts Insured's Flood Damage Recovery

    March 15, 2021 —
    The insured's recovery for flood damage was controlled by the policy's sub-limit. David S. Brown Enters. v. Affiliated FM Ins. Co., 2020 U.S. Dist. LEXIS 239208 (D. Md. Dec. 18, 2020). Roughly 6.6 inches of rain fell in Ellicott City, Maryland, causing extensive flooding. During the storm, a water main broke on Main Street, in relatively close proximity to the insured's two properties on Main Street. The foundations of the two properties washed away. The insured, David S. Brown Enterprises (DSB), had a business owners' policy with Affiliated with covered 204 named locations. The Main Street Properties were not listed, but the policy also provided certain coverage for unnamed locations. The sub-limit applicable to unnamed locations was $1,000,000. The sub-limit for flood, however, was $50,000, annual aggregate "as respects Errors & Omissions, Off-Premises Service Interruption, Unnamed Locations and Supply Chain combined." Affiliated paid $50,000 for the loss based upon the $50,000 Flood annual aggregated Sub-Limit for Unnamed Locations. DSB disagreed that the $50,000 sub-limit applied and filed suit. Read the court decision
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    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    In Midst of Construction Defect Lawsuit, City Center Seeks Refinancing

    October 02, 2013 —
    The owners of the City Center complex in Las Vegas are going through with a refinancing of their $1.8 of debt while they still seek to demolish the Harmon Tower. The cost of building City Center was $8.5 billion, making it the most expensive development on the Las Vegas strip. Unfortunately for the owners, the Harmon Tower isn’t the only empty space in the complex. MGM Resorts is currently in the midst of a construction defect lawsuit against the builder of the Harmon Tower. The judge in the case has given a go-ahead to tear down the building. Read the court decision
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    Reprinted courtesy of

    Idaho Construction Executive Found Guilty of Fraud and Tax Evasion

    October 01, 2013 —
    A former president of the Associated General Contractors in Idaho has been found guilty of attempting to defraud the U.S. Government. Elaine Martin filed false income taxes, allowing her to participate in a program that helped economically and socially disadvantaged businesses. Ms. Martin has convicted on both the fraud tax evasion charges. Ms. Martin’s business partner, Darrell Swigert, has also been convicted. He was found guilty of obstruction of justice. Mr. Swigert helped Ms. Martin conceal the extent of her income. Read the court decision
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    Reprinted courtesy of

    Proving Impacts to Critical Path to Defeat Liquidated Damages Assessment

    December 16, 2019 —
    When a contractor is staring down the barrel of an owner’s assessment of liquidated damages, the burden will fall on the contractor to establish that the delay was attributable to the owner and the owner’s agents. The contractor will want to do this not only to defeat the assessment of liquidated damages, but because it will want to establish that the delay caused it to incur extended field overhead (general conditions) for which the owner is responsible. A contractor supports its burden by proving the impacts to its critical path. “In general, proving an allegation of government-caused delays without a means of showing the critical path is a steep prospect.” James Talcott Construction v. U.S., 2019 WL 1040383, *8 (Fed. Cl. 2019) (unreported opinion) (finding that because contractor did NOT present a critical path analysis it could not support its claim for delay caused by the government). Avoiding the assessment of liquidated damages means the contractor needs to support that it encountered excusable delay and it is/was entitled to an extension of time to complete the project. Read the court decision
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    Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
    Mr. Adelstein may be contacted at dma@kirwinnorris.com

    When to Withhold Retention Payments on Private or Public Projects

    August 29, 2018 —
    To ensure that construction contractors and subcontractors receive timely progress and retention payments, the California Legislature enacted statutes that impose deadlines and penalties on owners and direct (general) contractors who delay payments. (Cal. Civ. Code, §§ 8800, 8802, 8812, 8814; Pub. Contract Code, §§ 7107, 10262.5; Bus. & Prof. Code, § 7108.5.) However, there is an exception to these deadlines and penalties on both private and public projects. The exception allows an owner or direct contractor to withhold payment1 when there is a good faith dispute between an owner and a direct contractor or between a direct contractor and a subcontractor. (Civ. Code, §§ 8800, subd. (b), 8802, subd. (b), 8812, subd. (c), 8814, subd. (c); Pub. Contract Code, §§ 7107, subds. (c), (e), 10262.5, subd. (a); Bus. & Prof. Code, § 7108.5, subd. (a).) But the term “good faith dispute” has been a source of confusion where direct contractors owe subcontractors retention payments, but want to withhold the payment because of a dispute.2 California appellate courts were split, with one court finding that any type of bona fide dispute justified withholding, and another finding that only disputes related to the payment itself justified withholding. (Compare Martin Brothers Construction, Inc. v. Thompson Pacific Construction, Inc. (2009) 179 Cal.App.4th 1401 [any bona fide dispute could justify withholding] with East West Bank v. Rio School Dist. (2015) 235 Cal.App.4th 742 [disputes related to the payment itself may justify withholding].) In May 2018, the California Supreme Court clarified that for a direct contractor to withhold a retention payment on a private project, the good faith dispute must somehow relate to the payment itself. (United Riggers & Erectors, Inc. v. Coast Iron & Steel Co. (2018) 4 Cal.5th 1082, 1097-1098.) Read the court decision
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    Reprinted courtesy of Nicholas Karkazis, Gordon & Rees Scully Mansukhani
    Mr. Karkazis may be contacted at nkarkazis@grsm.com

    Court Says KBR Construction Costs in Iraq were Unreasonable

    August 27, 2014 —
    Mike Bosse of Bernstein Shur, analyzed a case involving Kellogg Brown and Root Services Inc. (KBR) and the U.S. Army for services that KBR provided during Operation Iraqi Freedom, according to JDSupra Business Advisor: “The court case involved KBR’s construction of dining facility services near Mosul, Iraq under a cost-plus fee arrangement. Under this contractual arrangement, all allowable costs were reimbursed by the government plus the contractor was paid an additional fee.” KBR first started on a prefabricated metal dining hall that would serve 2,500 people, but part way into building they were told to stop construction and to instead start on a new reinforced concrete building that would serve almost three times as many people. “After construction was finished, a defense contract auditing agency suspended some of the payments to KBR and instead of the $12.5 million it expected to receive, KBR was paid only $6.7 million,” reported JDSupra Business Advisor. “After trial, the court concluded KBR did not meet its burden to show the costs it incurred were reasonable under the circumstances.” Read the court decision
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    Reprinted courtesy of

    What to do about California’s Defect-Ridden Board of Equalization Building

    October 01, 2014 —
    Jerry Brown recently signed into law a bill requiring the state of California “to assess its properties in the Sacramento area and develop long-term plans for renovating, replacing or selling the most troublesome buildings,” according to SF Gate. Some say the Board of Equalization building, which was built for $80 million and then repaired for $60 million has construction defects, is “jeopardizing the health and safety of public employees.” Current problems include “[f]looding, mold, falling windows and free-falling elevators,” reported SF Gate. Furthermore, recently, “three employees filed a $75 million lawsuit against the state, alleging toxic mold in the building is causing extreme fatigue, skin rashes, persistent flu-like symptoms, respiratory illnesses, frequent headaches, memory lapses and fears of cancer.” “This is a disaster,” Assemblyman Roger Dickinson, D-Sacramento, who authored the bill regarding assessing state capitol buildings, told SF Gate. “It endangers the health and safety of employees and the public alike. And it is costing state taxpayers tens of millions of dollars.” Read the court decision
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    Reprinted courtesy of

    Tech to Help Contractors Avoid Litigation

    November 01, 2022 —
    Risk mitigation is a bigger part of managing construction projects than most people outside the industry realize. Construction is a risky business by nature. However, with the right tools, contractors can protect their businesses from costly litigation and keep jobsites safer and more productive. Modern technology helps increase project visibility for internal and external stakeholders, helping them monitor risks and resolve potential issues as quickly as possible. How does increased visibility reduce risk? The most common causes of litigation in construction are quality issues, schedule delays and injuries. Each of these risks can be reduced with better communication and documentation. Reprinted courtesy of Brian Poage, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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    Reprinted courtesy of