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    Home Builders & Remo Assn of Fairfield Co
    Local # 0780
    433 Meadow St
    Fairfield, CT 06824

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    Local # 0740
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    Salem, CT 06420

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    Building Expert News and Information
    For Fairfield Connecticut


    The Importance of Engaging Design Professional Experts Early, with a Focus on Massachusetts Law

    NTSB Cites Design Errors in Fatal Bridge Collapse

    Traub Lieberman Senior Trial Counsel Timothy McNamara Wins Affirmation of Summary Judgment Denial

    Eleven Newmeyer Dillion Attorneys Named to 2023 U.S. News Best Lawyers in Multiple Practice Areas

    Brazil’s Former President Turns Himself In to Police

    Know What’s Under Ground and Make Smarter Planning Decisions

    Veolia Agrees to $25M Settlement in Flint Water Crisis Case

    Hawaii Court Finds No Bad Faith, But Negligent Misrepresentation Claim Survives Summary Judgment in Construction Defect Action

    Miller Act Payment Bond Surety Bound to Arbitration Award

    Traub Lieberman Partner Jonathan Harwood Obtains Summary Judgment Determining Insurer Has No Duty to Defend or Indemnify

    Let’s Talk About a Statutory First-Party Bad Faith Claim Against an Insurer

    Toll Brothers Snags Home Builder of the Year Honors at HLS

    Type I Differing Site Conditions Claim is Not Easy to Prove

    Top 10 Insurance Cases of 2020

    Insurer’s Discovery Requests Ruled to be Overbroad in Construction Defect Suit

    Texas Federal Court Delivers Another Big Win for Policyholders on CGL Coverage for Construction-Defect Claims and “Rip-and-Tear” Damages

    The End of Eroding Limits Policies in Nevada is Just the Beginning

    The Contingency Fee Multiplier (For Insurance Coverage Disputes)

    Homeowner’s Policy Excludes Coverage for Loss Caused by Chinese Drywall

    Wreckage Removal Underway at Site of Collapsed Key Bridge in Baltimore, But Weather Slows Progress

    The Word “Estimate” in a Contract Matters as to a Completion Date

    Insurance and Your Roof

    Repairs Commencing on Defect-Ridden House from Failed State Supreme Court Case

    99-Year-Old Transmission Tower Seen as Possible Cause of Devastating Calif. Wildfire

    Modified Plan Unveiled for Chicago's Sixth-Tallest Tower

    New York Court Holds Insurer Can Recover Before Insured Is Made Whole

    Justin Clark Joins Newmeyer & Dillion’s Walnut Creek Branch as its Newest Associate

    Pollution Exclusion Found Ambiguous

    Homebuilding on the Rise in Nation’s Capitol

    Loose Bolts Led to Sagging Roof in Construction Defect Claim

    Litigation Counsel of America Honors Partner Victor Anderson with Peter Perlman Award

    The Privacy Shield Is Gone: How Do I Now Move Data from the EU to the US

    Ensuing Loss Provision Found Ambiguous

    Liability Cap Does Not Exclude Defense Costs for Loss Related to Deep Water Horizon

    Taking Service Network Planning to the Next Level

    No Trial Credit in NJ Appellate Decision for Non-Settling Successive Tortfeasors – Must Demonstrate Proof of Initial Tortfeasor Negligence and Proximate Cause

    Not Our Territory: 11th Circuit Dismisses Hurricane Damage Appraisal Order for Lack of Jurisdiction

    Lost Rental Income not a Construction Defect

    Disputed Facts on Cause of Collapse Results in Denied Cross-Motions for Summary Judgment

    Haight’s 2020 San Diego Super Lawyers and Rising Stars

    Insurance Policy’s “No Voluntary Payment” Clauses Lose Some Bite in Colorado

    Certificates Of Merit For NC Lawsuits Against Engineers And Architects? (Still No)(Law Note)

    No Coverage Under Exclusions For Wind and Water Damage

    Pine Island Bridge in Place as Florida Pushes Barrier Island Access in Ian's Wake

    A Court-Side Seat: Waters, Walls and Pipelines

    Genuine Dispute Over Cause of Damage and Insureds’ Demolition Before Inspection Negate Bad Faith and Elder Abuse Claims

    Does a No-Damage-for-Delay Clause Also Preclude Acceleration Damages?

    Erdogan Vows to Punish Shoddy Builders Ahead of Crucial Election

    A Court-Side Seat: As SCOTUS Decides Another Regulatory “Takings” Case, a Flurry of Action at EPA

    Eleven WSHB Lawyers Honored on List of 2016 Rising Stars
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    FAIRFIELD CONNECTICUT BUILDING EXPERT
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    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

    McGraw Hill to Sell off Construction-Data Unit

    March 19, 2014 —
    McGraw Hill Financial announced “plans to sell a construction-data unit concentrated on the U.S. market” according to The Wall Street Journal. This follows McGraw Hill’s determination to “focus on global operations and cutting costs.” “The construction division ‘is not a business linked to the global markets,’” Douglas L. Peterson, McGraw Hill’s Chief Executive said to The Wall Street Journal. “’It's very different’ than its other units, such as Standard & Poor's Ratings Services, J.D. Power or S&P Capital IQ, with the potential for larger international footprints.” McGraw Hill’s construction division “sells commercial-real-estate information to developers and manufacturers” and “generates about $170 million in annual revenue.” The division “employs about 650 people.” Read the court decision
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    Reprinted courtesy of

    Reminder: Pay if Paid Not All Encompassing (but Could it be?)

    December 09, 2019 —
    On numerous occasions, I have discussed the need to be careful with so called “pay if paid” clauses in construction contracts. While such clauses are enforceable in Virginia (when phrased correctly), there are exceptions and limitations (for instance in the Miller Act context). One such exception (that I frankly would have thought to be obvious) is that such clauses do not protect a general contractor from paying all subcontractors. Such a clause only protects a general contractor from payment to those subs for whose work the general contractor has not been paid. In other words, if a general contractor has been paid by an owner for a particular subcontractors work, it cannot use the pay if paid clause to deny payment even in the event that other subcontractors were deficient in their work or the owner has failed to pay the general contractor in full. In Precision Contractors Inc. v. Masterbuilt Companies Inc. (PDF) the Fairfax, VA Circuit Court reiterated this principal stating that nothing in the contract suggests that either party to the lawsuit had any intention to shift the risk of non-payment by the owner or non-performance of other subcontractors to the plaintiff (Precision). 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

    Are Modern Buildings Silently Killing Us?

    May 16, 2022 —
    Construction, in general, is a rapidly evolving industry as contractors, architects, and engineers are tasked with keeping up with government regulations, building practices and technological innovations. While growth and evolution are pivotal components of successful projects and businesses, it’s led to a few issues, one of which involves mold. Like the construction industry, the world of mold is evolving as more research, understanding, and awareness develops, highlighting its prevalence in buildings and the effect it can have on the health of those exposed. What industry professionals are witnessing time and again is an increasing occurrence of individuals reaching out and asking for help after experiencing exposure that led to chronic illness. The reality is that modern buildings are contributing to this rise. The Top of the Funnel An issue aiding in mold’s prevalence in modern-day buildings is the way in which they are built. In an effort to achieve net-zero energy-efficient buildings, construction professionals have adopted the technique of sealing buildings as tightly as possible. While this transition reduces energy costs in the building, it also introduces a few new problems that aren't always addressed in modern construction. One such issue is how the lack of airflow between the indoor and outdoor environments can lead to a buildup of contaminant particles in the building. Reprinted courtesy of Michael Rubino, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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    Reprinted courtesy of

    Real Estate & Construction News Round-Up (11/16/22) – Backlog Shifts, Green Battery Storage, and Russia-Ukraine Updates

    December 05, 2022 —
    This week’s round-up explores backlog shifts in the nonresidential construction sector, updates from the ongoing war between Russia and Ukraine, lithium-ion battery storage issues in New York City, and more.
    • According to Associated Builders and Contractors, construction backlog fell back below the reading observed in February 2020, largely due to a decline in the commercial and institutional sector. (Sebastian Obando, Construction Dive)
    • Amid celebration after retaking Kherson from retreating Russian troops, the Kremlin targeted critical infrastructure before withdrawing. (Michael Kern, Oil Price)
    • Real estate value in the metaverse is rising, given that virtual land can be built upon to create unique branding experiences that lend to advertising, marketing, socializing, and entertainment. (Evan Bourke & Sarah Hedley Hymers, Euronews)
    Read the court decision
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    Reprinted courtesy of Pillsbury's Construction & Real Estate Law Team

    Contractor Gets Green Light to Fix Two Fractured Girders at Salesforce Transit Center

    January 28, 2019 —
    The Transbay Joint Powers Authority announced Jan. 10 that procurement has begun for the repair of the two fractured bottom flanges of the twin parallel girders that span 80 ft across Fremont Street in the 4.5-block-long Salesforce Transit Center in San Francisco. TJPA shuttered the transit center on Sept. 25, less than six weeks after it had opened, after a ceiling installer noticed a crack in one of the bridgelike spans. Read the court decision
    Read the full story...
    Reprinted courtesy of Nadine M. Post, ENR
    Ms. Post may be contacted at postn@enr.com

    First Quarter Gains in Housing Affordability

    May 20, 2015 —
    According to the National Association of Home Builders’ (NAHB) Eye on Housing, the combination of low interest rates and home prices has provided a “solid boost in nationwide affordability in the first quarter of 2015.” Furthermore, “66.5 percent of new and existing homes sold between the beginning of January and end of March were affordable to families earning the U.S. median income of $65,800.” Syracuse, New York remained the U.S.’s most affordable major housing market, while the San Francisco-San Mateo-Redwood City, California region was the nation’s least affordable major housing market. All five of the least affordable small housing markets were in California. Read the court decision
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    Reprinted courtesy of

    CDJ’s #9 Topic of the Year: Nevada Supreme Court Denies Class Action Status in Construction Defect Case

    December 31, 2014 —
    According to Sean Whaley of the Las Vegas Review-Journal, “The Nevada Supreme Court has rejected a request for class action status for claims of damaged stucco from faulty construction by Del Webb Communities involving nearly 1,000 Sun City Summerlin residents.” However, “the court upheld the award of damages to 71 homeowners following a jury trial in Clark County District Court in 2008.” Whaley reported that this construction defect case was touted as the largest in Nevada history. Read the court decision
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    Reprinted courtesy of

    U.S. Firm Helps Thais to Pump Water From Cave to Save Boys

    August 14, 2018 —
    Like much of the world, Patrick Decker has been engrossed in the saga of 12 boys and their soccer coach who became trapped in a flooded cave in Thailand. Unlike most, Decker is in a position to do something about it. As chief executive officer of Xylem Inc., one of the world’s top water technology firms, Decker spent much of last week reaching out to Thai officials and mobilizing his company of 17,000 employees to help. Decker said he sent four engineers to the cave site, and they assisted rescuers by boosting pumping power 40 percent. Thai Navy SEALs and international cave diving experts extracted eight boys over Sunday and Monday. Read the court decision
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    Reprinted courtesy of Dan Murtaugh, Bloomberg