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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


    A Homeowner’s Subsequent Action is Barred as a Matter of Law by way of a Prior “Right to Repair Act” Claim Resolved by Cash Settlement for Waiver of all Known or Unknown Claims

    These Pioneers Are Already Living the Green Recovery

    Construction Defect Reform Bill Passes Colorado Senate

    Expert's Opinions On Causation Leads Way To Summary Judgment For Insurer

    A Lien Might Just Save Your Small Construction Business

    New Green Standards; Same Green Warnings for Architects & Engineers (law note)

    First-Time Homebuyers Make Biggest Share of Deals in 17 Years

    Court of Appeal Opens Pandora’s Box on Definition of “Contractor” for Forum Selection Clauses

    California Federal Court Finds a Breach of Contract Exclusion in a CGL Policy Bars All Coverage for a Construction Defect Action

    Dispute Waged Over Design of San Francisco Subway Job

    Insurer Not Bound by Decision in Underlying Case Where No Collateral Estoppel

    Construction Litigation Roundup: “Builder’s Risk Indeed”

    City of Sacramento Approves Kings NBA Financing Plan

    Hawaii Supreme Court Reaffirms an "Accident" Includes Reckless Conduct, Finds Green House Gases are Pollutants

    Powering Goal Congruence in Construction Through Smart Contracts

    Five Construction Payment Issues—and Solutions

    Update – Property Owner’s Defense Goes up in Smoke in Careless Smoking Case

    The ARC and The Covenants

    Contractor Entitled to Defense for Alleged Faulty Workmanship of Subcontractor

    California insured’s duty to cooperate and insurer’s right to select defense counsel

    LA’s $1.2 Billion Graffiti Towers Put on Sale After Bankruptcy

    Turmoil Slows Rebuilding of Puerto Rico's Power Grid

    What If There Is a Design Error?

    The Ghosts of Tariffs Past May Help Us in the Future

    Supply Chain Delay Recommendations

    Separation of Insureds Provision in CGL Policies

    When is Construction Put to Its “Intended Use”?

    New Jersey Supreme Court Holding Impacts Allocation of Damages in Cases Involving Successive Tortfeasors

    Cities' Answer to Sprawl? Go Wild.

    ConsensusDOCS Hits the Cloud

    #9 CDJ Topic: Vallagio at Inverness Residential Condominium Association, Inc. v. Metropolitan Homes, Inc., et al.

    Cooperating With Your Insurance Carrier: Is It a Must?

    More Details Emerge in Fatal Charlotte, NC, Scaffold Collapse

    No Indemnity After Insured Settles Breach of Implied Warranty of Habitability Claims

    Patriarch Partners Decision Confirms Government Subpoenas May Constitute a “Claim” Under D&O Policy; Warns Policyholders to Think Broadly When Representing Facts and Circumstances to Insurers

    Insurer's Summary Judgment Motion on Business Risk Exclusions Fails

    New WA Law Caps Retainage on Private Projects at 5%

    Understanding the Details: Suing Architects and Engineers Can Get Technical

    Power & Energy - Emerging Insurance Coverage Cases of Interest

    Few Homes Available to Reno Buyers, Plenty of Commercial Properties

    New York Revises Retainage Requirements for Private Construction Contracts: Overview of the “5% Retainage Law”

    Administration Seeks To Build New FBI HQ on Current D.C. Site

    BHA Attending the Construction Law Conference in San Antonio, TX

    A Loud Boom, But No Serious Injuries in World Trade Center Accident

    Regional US Airports Are Back After Years of Decay

    The EPA and the Corps of Engineers Propose Another Revised Definition of “Waters of the United States”

    Courthouse Reporter Series: Louisiana Supreme Court Holds Architect Has No Duty to Safeguard Third Parties Against Injury, Regardless of Knowledge of Dangerous Conditions on the Project

    Elizabeth Lofts Condo Owners Settle with Plumbing Supplier

    Potential Problems with Cases Involving One Owner and Multiple Contractors

    The Privette Doctrine, the Hooker Exception, and an Attack at a Construction Site
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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. Leveraging 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

    Home Prices Rose in Fewer U.S. Markets in Fourth Quarter

    February 12, 2014 —
    Prices for single-family homes rose in 73 percent of U.S. cities in the fourth quarter, fewer than in the previous three months, as surging values in the past two years started to reduce affordability. The median transaction price for an existing home climbed from a year earlier in 119 of 164 metropolitan areas measured, the National Association of Realtors said in a report today. In the third quarter, 88 percent of markets had increases. While tight inventories and improving employment are bolstering the housing recovery, home-price gains are poised to decelerate as an increase in mortgage rates from record lows cuts into affordability. Values have been rising faster than incomes, particularly in the West, the Realtors group said. Read the court decision
    Read the full story...
    Reprinted courtesy of Prashant Gopal, Bloomberg
    Mr. Gopal may be contacted at pgopal2@bloomberg.net

    Federal Court Enforces “Limits” and “Most We Will Pay” Clauses in Additional Insured Endorsement

    September 13, 2021 —
    In the recent case of Zurich Am. Ins. Co. v. XL Ins. Am., Inc., 20-CV-4614 (LJL), 2021 WL 3617218 (S.D.N.Y. Aug. 16, 2021), the United States District Court for the Southern District of New York—in deciding a motion for consideration—had occasion to review the 2013 ISO changes to the additional insured endorsement, and held that coverage under a policy providing additional insured coverage was limited to the $1,000,000 required by contract, and not the $2,500,000 limit to the policy. In Zurich, Zurich and its named insured D.A. Collins sought the full limits of the primary policy issued by XL to the D.A. Collins’ subcontractor, HBI, which are $2,5000 per occurrence and in the aggregate, for an underlying personal injury lawsuit. XL also issued an excess policy in the amount of $5,000,000 to HBI. The contract between D.A. Collins and HBI required HBI to obtain commercial liability coverage “in an amount of $1,000,000 per occurrence and $2,000,000 in the aggregate. It further provides that the “required limits for the umbrella excess coverage shall be sufficient to provide a total of $5,000,000 per occurrence/aggregate.” Read the court decision
    Read the full story...
    Reprinted courtesy of Craig Rokuson, Traub Lieberman
    Mr. Rokuson may be contacted at crokuson@tlsslaw.com

    Haight’s Sacramento Office Has Moved

    April 17, 2019 —
    Haight Brown & Bonesteel LLP has moved its Sacramento office to a new location. Effective March 18, 2019, Haight’s new Sacramento office address is: 500 Capitol Mall Suite 2150 Sacramento, CA 95814 916.702.3200 F: 916.570.1947 Read the court decision
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    Reprinted courtesy of Haight Brown & Bonesteel LLP

    Toll Brothers Named #1 Home Builder on Fortune Magazine's 2023 World's Most Admired Companies® List

    February 06, 2023 —
    FORT WASHINGTON, Pa., Feb. 01, 2023 (GLOBE NEWSWIRE) -- Toll Brothers, Inc. (NYSE:TOL) (www.TollBrothers.com), the nation's leading builder of luxury homes, has been named the #1 Most Admired Home Builder in the 2023 Fortune magazine survey of the World's Most Admired Companies, the eighth year the company has achieved this honor. To determine the best-regarded companies, Fortune and its partner Korn Ferry conducted the 2023 survey with 645 of the world's highest-revenue companies across 52 industries and 27 countries. Executives, directors, and Wall Street analysts were asked to rate companies in their own industries on nine criteria, ranging from investment value, financial soundness and quality of management, to quality of products, innovation, social responsibility and people management. "We are proud to once again be honored as the #1 Home Builder on the Fortune World's Most Admired Companies list," said Douglas C. Yearley, Jr., chairman and chief executive officer of Toll Brothers. "All of us at Toll Brothers are focused on upholding our reputation for quality, value, and service built over the past 56 years. I would like to thank every Toll Brothers employee for their commitment to excellence and to serving our customers. We appreciate this tremendous recognition within the home building industry and the larger business community." ABOUT TOLL BROTHERS Toll Brothers, Inc., a Fortune 500 Company, is the nation's leading builder of luxury homes. The Company was founded 56 years ago in 1967 and became a public company in 1986. Its common stock is listed on the New York Stock Exchange under the symbol "TOL." The Company serves first-time, move-up, empty-nester, active-adult, and second-home buyers, as well as urban and suburban renters. Toll Brothers builds in over 60 markets in 24 states: Arizona, California, Colorado, Connecticut, Delaware, Florida, Georgia, Idaho, Illinois, Maryland, Massachusetts, Michigan, Nevada, New Jersey, New York, North Carolina, Oregon, Pennsylvania, South Carolina, Tennessee, Texas, Utah, Virginia, and Washington, as well as in the District of Columbia. The Company operates its own architectural, engineering, mortgage, title, land development, golf course development, smart home technology, and landscape subsidiaries. The Company also operates its own lumber distribution, house component assembly, and manufacturing operations. Read the court decision
    Read the full story...
    Reprinted courtesy of

    China Bans Tallest Skyscrapers Following Safety Concerns

    July 25, 2021 —
    China is prohibiting construction of the tallest skyscrapers to ensure safety following mounting concerns over the quality of some projects. The outright ban covers buildings that are taller than 500 meters (1,640 feet), the National Development and Reform Commission said in a notice Tuesday. Local authorities will also need to strictly limit building of towers that are more than 250 meters tall. The top economic planner cited quality problems and safety hazards in some developments stemming from loose oversight. A 72-story tower in Shenzhen was closed in May for checks following reports of unexplained wobbling, feeding concern about the stability of one of the technology hub’s tallest buildings. Construction of buildings exceeding 100 meters should strictly match the scale of the city where they will be located, along with its fire rescue capability, the commission said. “It’s primarily for safety,” said Qiao Shitong, an associate law professor at the University of Hong Kong who studies property and urban law. Extremely tall buildings “are more like signature projects for mayors and not necessarily efficient.” Read the court decision
    Read the full story...
    Reprinted courtesy of Bloomberg

    Illinois Federal Court Applies Insurer-Friendly “Mutual Exclusive Theories” Test To Independent Counsel Analysis

    November 09, 2020 —
    Insureds often request independent counsel when insurers agree to provide a defense subject to a reservation of rights, pursuant to which an insurer takes the position that certain damages may not be indemnifiable. Requests for independent counsel are often rooted in fear that a defense attorney who has a relationship with the insurer may be incentivized to defend the insured in a way that maximizes the potential for the insurer to succeed on its coverage defenses. As explained by the Illinois Supreme Court in Maryland Cas. Co. v. Peppers, 355 N.E.2d 24 (Ill. 1976), when a conflict of interest arises between an insurer and its insured, the attorney appointed by the insurer is faced with serious ethical questions and the insured is entitled to its own attorney. Illinois courts generally follow the rule that an insured is entitled to independent counsel upon a showing of an actual conflict. In Builders Concrete Servs., LLC v. Westfield Nat’l Ins. Co., No. 19 C 7792, 2020 WL 5518474 (N.D. Ill. Sept. 14, 2020), the U.S. District Court for the Northern District of Illinois recently addressed a dispute between an insurer and its insured about independent counsel. Westfield insured Builders Concrete Services (BCS). Focus Construction hired BCS as a subcontractor to perform concrete work on a new apartment building. BCS’ work included pouring concrete for structural columns, one of which buckled and failed. BCS sued Focus Construction for withholding payment, and Focus Construction counter-sued for breach of contract and negligence relating to BCS’ alleged faulty work that caused the column to fall. Focus Construction’s counterclaim alleged that the column failure damaged other parts of the building on which Builders did not perform work. Read the court decision
    Read the full story...
    Reprinted courtesy of Jeremy S. Macklin, Traub Lieberman
    Mr. Macklin may be contacted at jmacklin@tlsslaw.com

    Out of the Black

    May 30, 2022 —
    Even if you previously weren’t familiar with the term “black swan event,” you’ve likely become intimately familiar with what one looks like over the past two years. Coined by author Nassim Taleb in his book The Black Swan: The Impact of the Highly Improbable, the term refers to a rare, unpredictable event—perhaps, say, a pandemic—that has an extreme impact. “Extreme” certainly seems to be an accurate description of the impact that the COVID-19 pandemic has had on the construction industry, at nearly every level. The Commercial Construction Index (CCI) fell from 74 to 56 during Q2 2020 and remained statistically unchanged through Q3 of that year. Recovery has been slow, with the CCI remaining eight points below pre-pandemic levels through the end of 2021. Prices for raw materials such as lumber and steel have been extremely volatile, reaching historic highs and dramatic lows. March and April of 2020 alone saw 1.1 million jobs disappear from the industry—roughly half as many jobs as were lost throughout the entire Great Recession (although many of these jobs have since returned). While the industry has persevered through what should be the worst of these effects, many contractors and project owners are now wondering: How can we predict the next black swan event? Reprinted courtesy of John Drentlaw, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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    Reprinted courtesy of

    The G2G Year in Review: 2019

    February 03, 2020 —
    As we kick off the new decade, we wanted to share the top five most-read articles of 2019 from Gravel2Gavel. The most-read blog posts covered 2019 real estate and construction industry trends ranging from affordable housing to the new State Bill 35 (SB 35) to sustainability in modern real estate. Our posts provided deep insight and detailed case studies, and summarized hot topics that addressed the legal implications and exciting disruptions that are affecting the industry. We hope you enjoy the roundup:
    1. Assessing SB 35—Success or Failure? by Robert Howard, Alexander Walker and Matt Olhausen Robert, Alex and Matt examined the newly implemented SB 35 and highlighted real examples of SB 35 in action.
    2. Update Your California Release Provisions to Include Amended Section 1542 Language by William S. Hale, P.E. Bill Hale encouraged readers to update their California release provisions to include Amended Section 1542 Language, which ensures that the releasing party is consciously releasing both known and unknown claims that may be later discovered.
    Read the court decision
    Read the full story...
    Reprinted courtesy of Pillsbury's Construction & Real Estate Law Team