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    Local # 0780
    433 Meadow St
    Fairfield, CT 06824

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    Building Expert News and Information
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    Alleging Property Damage in Construction Defect Lawsuit

    ASCE Statement on Congress Passage of WRDA 2024

    Application Of Two Construction Contract Provisions: No-Damages-For-Delay And Liquidated Damages

    NYC’s Developers Plow Ahead With Ambitious Plans to Reshape City

    Precedent-Setting ‘Green’ Apartments in Kansas City

    Traub Lieberman Partner Lisa Rolle Obtains Summary Judgment in Favor of Defendant

    Lost Productivity or Inefficiency Claim Can Be Challenging to Prove

    Liebherr Claims Crane Not Cause of Brazil Stadium Construction Accident

    The Future of Pandemic Coverage for Real Estate Owners and Developers

    Unjust Enrichment and Express Contract Don’t Mix

    Factor the Factor in Factoring

    Powering Goal Congruence in Construction Through Smart Contracts

    Short-Term Rental Legislation & Litigation On the Way!

    Industry News: New Partner at Burdman Law Group

    Wildfire Is Efficient Proximate Cause of Moisture Reaching Expansive Soils Under Residence

    Wow! A Mechanic’s Lien Bill That Helps Subcontractors and Suppliers

    Putting for a Cure: Don’t Forget to Visit BHA’s Booth at WCC to Support Charity

    NY Construction Safety Firm Falsely Certified Workers, Says Manhattan DA

    Newmeyer & Dillion Named for Top-Tier Practice Areas in 2018 U.S. News – Best Law Firms List

    Construction Defects Lead to Demolition of Seattle’s 25-story McGuire Apartments Building

    It’s Not Just the Millennium Tower That’s Sinking in San Francisco

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    Construction Litigation Roundup: “Tear Down This Wall!”

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    Important Insurance Alert for Out-of-State Contractors Assisting in Florida Recovery Efforts!

    Drowning of Two Boys Constitutes One Occurrence

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    Texas School District Accepts Settlement Agreement in Construction Defect Case

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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. 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.

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    Fairfield, Connecticut

    Construction Worker Dies after Building Collapse

    November 18, 2011 —

    A Bronx construction worker died when the pillars gave way in the basement where he was working. The two-story commercial building collapsed, burying Mr. Kebbeh under about six feet of rubble. The New York Times reports that firefighters dug him out with their bare hands. Mr. Kebbeh was taken to Jacobi Medical Center where he died. Two other construction workers escaped unharmed.

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    Reprinted courtesy of

    CAPSA Changes Now in Effect

    November 14, 2018 —
    Back in June, I posted about changes coming to the Pennsylvania Contractor and Subcontractor Payment Act (CAPSA), 73 P.S. Section 501, et. seq. The Act applies to virtually all private construction projects in Pennsylvania. As of last week (Oct. 10), those changes are effective. While there is some argument to the contrary, these changes are NOT retroactive and apply to all projects going forward from that date. To recap, here are some of the important changes you need to be aware of:
    1. Contractual waivers. Parties cannot waive the applicability of the act through contract. Therefore, any clause in a contract purporting to waive the Payment Act’s applicability is void.
    2. Suspension of work. Unpaid contractors and subcontractors have always enjoyed a common law right to suspend performance until payment was made. Now, they also have a statutory right to do so. Section 5 of the Payment Act ads a subpart (e) which states that an unpaid contractor or subcontractor can suspend performance without penalty if it is not paid.
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    Reprinted courtesy of Wally Zimolong, Zimolong LLC
    Mr. Zimolong may be contacted at wally@zimolonglaw.com

    Michigan Lawmakers Pass $4.7B Infrastructure Spending Bill

    April 11, 2022 —
    Michigan lawmakers have passed legislation appropriating $4.7 billion for state infrastructure, including more than $1 billion for various water projects.About $750 million will go toward drinking water infrastructure such as projects to replace lead service lines or remove contaminants like PFA substances, potentially harmful chemicals used in industrial and consumer products that are have been found in water. Reprinted courtesy of James Leggate, Engineering News-Record Mr. Leggate may be contacted at leggatej@enr.com Read the full story... Read the court decision
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    The Top 10 Changes to the AIA A201: What You Need to Know

    May 24, 2018 —
    For this week’s Guest Post Friday here at Musings, we welcome back Melissa Dewey Brumback. Melissa is a construction law attorney with Ragsdale Liggett in Raleigh, North Carolina. Aside from the fact that she is a UNC grad and fan, she’s okay! In 2017, as it does every ten years, the American Institute of Architects (AIA) updated most of its standard form contract documents, including the A201 General Conditions. This cycle, the contract changes are evolutionary in nature, not revolutionary. Even so, it is crucial to know the changes to avoid making a fatal mistake that could cost you money on a construction project. In reverse order, the top 10 changes you need to know include: # 10: Differing Site Conditions Prior editions of the A201 provided that upon encountering differing site conditions, the Contractor was to promptly provide notice to the Owner and Architect, before the conditions are disturbed, and in no event later than 21 days after the conditions were first observed. A201–2017 shortens the time for notice from 21 to 14 days. Read the court decision
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    Reprinted courtesy of Christopher G. Hill, The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at chrisghill@constructionlawva.com

    Meet the Forum's Neutrals: TOM DUNN

    October 21, 2024 —
    Company: Pierce Atwood LLP Office Location: Boston, MA Licensed in: Massachusetts, Rhode Island, California (inactive) Email: rtdunn@pierceatwood.com Website: https://www.pierceatwood.com/people/r-thomas-dunn Law School: McGeorge School of Law (2004 JD) Types of ADR services offered: Arbitration Affiliated ADR organizations: American Arbitration Association Geographic area served: Massachusetts, Rhode Island, and New England Q: Describe the path you took to becoming an ADR neutral. A: Arbitration and alternative forms to avoid and resolve disputes has interested me since law school. Serving as an arbitrator is rewarding both as a neutral helping people close out disputes, but also as an advocate as it reminds me about how best to communicate with the fact finder. Read the court decision
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    Reprinted courtesy of Marissa L. Downs, Laurie & Brennan, LLP
    Ms. Downs may be contacted at mdowns@lauriebrennan.com

    Travelers v. Larimer County and the Concept of Covered Cause of Loss

    May 10, 2013 —
    Travelers Indemnity Company (“Travelers”) recently won a decision against Larimer County regarding a claim for damage caused to the roofs of several buildings at the County Fairgrounds. Travelers Indemnity Company v. Board of County Commissioners for Larimer County, Slip Copy, 2013 WL 238865, p. 1 (10th Cir. 2013). Larimer County alleged, in district court, that snowstorms and the weight of the snow build-up caused damage to the roof structures. Id. After the district court found for Travelers on a motion for summary judgment, Larimer County appealed the ruling, claiming that Traveler’s was obligated under the insurance policy to pay for repair costs to portions of the roofing structure. Id. The underlying claim for repairs originates with several snowstorms that caused damage to several buildings on the County Fairgrounds. The damage claimed was widespread to the roof structures, evidenced by rolling and buckling purlins (horizontal beams running along the length of the roof, resting upon the principal rafters at right angles and supporting the ordinary rafters). Travelers denied the claim based on its own investigation which concluded the damage was caused by design and construction defects, and therefore excluded from coverage under the insurance policy. Read the court decision
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    Reprinted courtesy of Brady Iandiorio
    Mr. Iandiorio can be contacted at iandiorio@hhmrlaw.com

    New California Construction Laws for 2020

    March 09, 2020 —
    The California Legislature introduced more than 3,033 bills in the first half of the 2019-2020 session. This article summarizes some of the more important bills affecting contractors in their roles as contractors, effective January 1, 2020, unless otherwise noted. Not addressed here are many other bills that will affect contractors in their roles as businesses, taxpayers, and employers. Each of the summaries is brief, focusing on what is most important to contractors. Because not all aspects of these bills are discussed, each summary’s title is a live link to the full text of the referenced bills for those wanting to explore the details of the new laws. BIDDING & PREQUALIFICATIONS Disabled Veteran Preferences Strengthened (AB 230, Brough) The California Legislature intends that every state procurement authority meet or exceed a DVBE participation goal of a minimum of 3% of total contract value. State departments must require prime contractors to certify at the completion of each contract the amount each DVBE received from the prime contractor, among other information. This new law requires the prime contractor to provide upon request proof of the amount and percentage of work the prime contractor committed to provide to one or more DVBEs under the contract in addition to proof of payment for work done by the DVBE. Additionally, prime contractors must now obtain permission before they may replace a listed DVBE. County of San Joaquin Now Authorized to Establish Bid Preferences (AB 1533, Eggman) This new law extends to the County of San Joaquin existing law that authorizes local agencies to establish preferences for small businesses, disabled veteran businesses, and social enterprises in facilitating contract awards. Read the court decision
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    Reprinted courtesy of Smith Currie

    Randy Maniloff Recognized by U.S. News – Best Lawyers® as a "Lawyer of the Year"

    October 14, 2019 —
    Congratulations to Randy Maniloff, Counsel in the Insurance Coverage and Bad Faith Group, who was named the U.S. News – Best Lawyers® 2020 Insurance Law “Lawyer of the Year” in Philadelphia. Randy was recognized by his peers for his professional abilities in this area. "Lawyer of the Year" recognitions are awarded to individual lawyers with extremely high overall peer-feedback for a specific practice area and geographic location. Randy concentrates his practice in the representation of insurers in coverage disputes over primary and excess obligations under a host of policies, including general liability and various professional liability policies. He has significant experience in coverage matters involving additional insured and contractual indemnity issues. His practice also includes an academic side. He is an adjunct professor of Insurance at Temple University Beasley School of Law and the co-author of “General Liability Insurance Coverage – Key Issues in Every State” (4th edition), a nearly 1,000 page reference book that provides 50-state surveys on 20 critical liability coverage issues. Read the court decision
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    Reprinted courtesy of Randy Maniloff, White and Williams LLP
    Mr. Maniloff may be contacted at maniloffr@whiteandwilliams.com