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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
    20 Hartford Rd Suite 18
    Salem, CT 06420

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    Local # 0720
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    Local # 0755
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    Local # 0710
    110 Brook St
    Torrington, CT 06790

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    3 Regency Dr Ste 204
    Bloomfield, CT 06002

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    Building Expert News and Information
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    AB 685 and COVID-19 Workplace Exposure: New California Notice and Reporting Requirements of COVID Exposure Starting January 1, 2021

    Federal Court Again Confirms No Coverage For Construction Defects in Hawaii

    World Cup May Pull Out of Brazil because of Construction Delays

    Maryland Legislation Prohibits Condominium Developers from Shortening Statute of Limitations to Defeat Unit Owner Construction Defect Claims

    CDJ’s #2 Topic of the Year: Ewing Constr. Co., Inc. v. Amerisure Ins. Co., 2014 Tex. LEXIS 39 (Tex. Jan.17, 2014)

    Purely “Compensatory” Debts Owed by Attorneys to Clients (Which Are Not Disciplinary or Punitive Fees Imposed by the State Bar) Are Dischargeable In Bankruptcy

    PFAS and the Challenge of Cleaning Up “Forever”

    Injured Subcontractor Employee Asserts Premise Liability Claim Against General Contractor

    New Jersey Appellate Decision Reminds Bid Protestors to Take Caution When Determining Where to File an Action

    Price Escalation Impacts

    Building Stagnant in Las Cruces Region

    Berkeley Researchers Look to Ancient Rome for Greener Concrete

    Security on Large Construction Projects. The Payment Remedy You Probably Never Heard of

    Single-Family Home Gain Brightens U.S. Housing Outlook: Economy

    Construction Defect Lawsuits Hinted for Dublin, California

    Nonparty Discovery in California Arbitration: How to Get What You Want

    ASCE Statement on Passage of the Water Resources Development Act (WRDA) of 2022

    New California Construction Law for 2019

    Surplus Lines Carrier Can Force Arbitration in Louisiana Despite Statute Limiting Arbitration

    PATH Station Designed by Architect Known for Beautiful Structures, Defects, and Cost Overruns

    California Contractors: New CSLB Procedure Requires Non-California Corporations to Associate All Officers with Their Contractor’s License

    NY Project Produces America's First Utility Scale Wind Power

    $1.9 Trillion Stimulus: Five Things Employers Need to Know

    Florida Courts Inundated by Wave of New Lawsuits as Sweeping Tort Reform Appears Imminent

    Super Lawyers Selects Haight Lawyers for Its 2024 Southern California Rising Stars List

    Boston’s Tunnel Project Plagued by Water

    Reconstructing the Francis Scott Key Bridge Utilizing the Progressive Design-Build Method

    Chimney Collapses at South African Utility’s Unfinished $13 Billion Power Plant

    The Dangers of an Unlicensed Contractor from Every Angle

    Suffolk Construction Drywall Suits Involve Claim for $3 Million in Court Costs

    Minnesota Senate Office Building Called Unconstitutional

    Construction Defect Litigation at San Diego’s Alicante Condominiums?

    Uniformity in Florida’s Construction Bond Laws Brings About Fairness for the Industry

    California Court of Appeals Says, “We Like Eich(leay)!”

    Indemnity Clauses That Conflict with Oregon Indemnity Statute Can Remain Partially Valid and Enforceable

    ICYMI: Highlights From ABC Convention 2024

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    Deadly Fire in Older Hawaii High-Rise Causes Sprinkler Law Discussion

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    Ambiguity in Insurance Policy will be Interpreted in Favor of Insurance Coverage

    Court Denies Insured's Motion to Dismiss Complaint Seeking to Compel Appraisal

    Court of Appeals Finds Additional Insured Coverage Despite “Care, Custody or Control” Exclusion

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    Traub Lieberman Attorneys Lisa Rolle and Christopher Acosta Win Summary Judgment in Favor of Property Owner

    A Court-Side Seat: A Poultry Defense, a Houston Highway and a CERCLA Consent Decree that Won’t Budge

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    Is the Removal and Replacement of Nonconforming Work Economically Wasteful?

    First Circuit Rejects Insurer’s “Insupportable” Duty-to-Cooperate Defense in Arson Coverage Suit

    Wilke Fleury Attorneys Awarded Sacramento Business Journal’s Best of the Bar
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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

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

    November 18, 2024 —
    Answering certified questions from the federal district court, the Hawaii Supreme Court reaffirmed its prior holding that reckless conduct is an "occurrence' or accident. The court further held that green house gas (GHG) emissions were pollutants under liability policies. Aloha Petroleum, Ltd. v. National Union Fire Ins. Co. of Pittsburg, PA., et al., 2024 Haw. LEXIS 179 (Haw. Oct. 7, 2024). [Disclosure - our office was co-counsel on an amicus brief in this case filed on behalf of the United Policyholders]. The City and County of Honolulu and the County of Maui sued several fossil fuel companies, including Aloha Petroleum, Ltd., for climate change-related harms. The suits alleged that the fossil fuel industry knew beginning in the 1960s that its products would cause catastrophic climate change. Rather than mitigate their emissions, defendants concealed their knowledge of climate change, promoted climate science denial, and increased their production of fossil fuels. Defendants' actions, the complaints alleged, increased carbon emissions, which caused significant damage to the counties. 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

    Contractor Succeeds At the Supreme Court Against Public Owner – Obtaining Fee Award and Determination The City Acted In Bad Faith

    September 20, 2021 —
    A contractor won a rare but much-deserved victory at the Supreme Court on July 8, 2021 in Conway Construction Co. v. City of Puyallup, 197 Wn.2d 825, 490 P.2d 221 (2021). The case, which involved an aggressive stance by a public owner:
    • confirmed that the public owner bears the burden of demonstrating a termination for default is justified,
    • reaffirmed the requirement to provide an opportunity to cure, and
    • rejected the public owner’s attempts to escape its own contract language that the contractor relied upon.
    John Ahlers and Lindsay Watkins of Ahlers Cressman and Sleight and Jamie Becker of Osborne Construction submitted the Amicus Brief for the Associated General Contractors (AGC) of Washington in support of Conway to the Supreme Court. Read the court decision
    Read the full story...
    Reprinted courtesy of Lindsay T. Watkins, Ahlers Cressman & Sleight PLLC
    Ms. Watkins may be contacted at Lindsay.Watkins@acslawyers.com

    Nevada Assembly Bill Proposes Changes to Construction Defect Litigation

    April 14, 2011 —

    Assemblyman John Oceguera has written a bill that would redefine the term Construction Defect, set statutory limitations, and force the prevailing party to pay for attorney’s fees. Assembly Bill 401 has been referred to the Committee on Judiciary.

    Currently, the law in Nevada states that “a defect in the design, construction, manufacture, repair or landscaping of a new residence, of an alteration of or addition to an existing residence, or of an appurtenance, which is done in violation of law, including in violation of local codes or ordinances, is a constructional defect.” However, AB401 “provides that there is a rebuttable presumption that workmanship which exceeds the standards set forth in the applicable law, including any applicable local codes or ordinances, is not a constructional defect.”

    The Nevada courts may award attorney fees to the prevailing party today. However, AB401 mandates that attorney fees must be awarded, and the exact award is to be determined by the Court. “(1) The court shall award to the prevailing party reasonable attorney’s fees, which must be an element of costs and awarded as costs; and (2) the amount of any attorney’s fees awarded must be determined by and approved by the court.”

    AB401 also sets a three year statutory limit “for an action for damages for certain deficiencies, injury or wrongful death caused by a defect in construction if the defect is a result of willful misconduct or was fraudulently concealed.”

    This Nevada bill is in the early stages of development.

    Read the full story... Read the court decision
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    Reprinted courtesy of

    Guidance for Construction Leaders: How Is the Americans With Disabilities Act Applied During the Pandemic?

    September 28, 2020 —
    With the spread of the COVID-19 pandemic, numerous cities and states have mandated infection control practices, including social distancing, mask requirements and sanitization of work areas and tools. As a result, many construction leaders now have questions as to how government guidance related to COVID-19 interacts with the Americans with Disabilities Act (ADA). For example, can a project manager enforce a mask mandate when a construction worker presents a doctor’s excuse noting breathing difficulties? Or, what if the employer is aware that an individual presents a higher risk for severe illness because of an underlying health condition, but that employee does not request an accommodation? Thankfully, the United States Equal Employment Opportunity Commission (EEOC) recently published guidance relating to these requests that construction leaders can reference. While our goal is to summarize that guidance and provide practical advice for the construction sector, this article does not substitute for situation specific legal counsel. SCENARIO 1: AN EMPLOYEE REFUSES TO WEAR A MASK AND PRODUCES A DOCTOR’S NOTE CITING BREATHING DIFFICULTIES. MUST THE EMPLOYER ACCOMMODATE SUCH A REQUEST? Potentially. Since the request to not wear a mask is considered an accommodation under the ADA, the employer can still require a doctor’s note when considering the accommodation. Reprinted courtesy of Molly Gwin, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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    Reprinted courtesy of
    Ms. Gwin may be contacted at mgwin@isaacwiles.com

    Apartments pushed up US homebuilding in September

    October 22, 2014 —
    WASHINGTON (AP) — Construction firms broke ground on more apartment complexes in September, pushing up the pace of U.S. homebuilding. Housing starts rose 6.3 percent to a seasonally adjusted annual rate of 1.017 million homes, the Commerce Department said Friday. Almost all of the gains came from apartment construction — a volatile category — which increased 18.5 percent after plunging in August. The sluggish recovery and meager wage growth has left more Americans renting instead of owning homes. Apartment construction has surged 30.3 percent over the past 12 months. Read the court decision
    Read the full story...
    Reprinted courtesy of Josh Boak, Bloomberg Businessweek

    Town Sues over Defective Work on Sewer Lines

    January 13, 2014 —
    The Handy Sanitary District in North Carolina has filed a lawsuit against one of the subcontractors on the Badin Lake Sewer Project, which the Lexington Dispatch describes as “delay riddled.” The town claims that the materials used by Hobbs, Upchurch and Associates “were not adequate for the project.” Additionally, the town claims that valves were improperly installed or damaged, and that pipes were of the incorrect type and improperly connected. The Sanitary District Board of Commissioners has additionally settled a lawsuit over non-payment for work on the sewer project. The Handy Sanitary District has settled claims brought by Monroe Roadways Contractors and Young Construction with a payment of $250,000. Read the court decision
    Read the full story...
    Reprinted courtesy of

    Insurer's Motion to Dismiss "Redundant Claims" Denied

    June 21, 2024 —
    The insurer's motion to dismiss was more appropriate for an eventual summary judgment motion and was consequently denied. Sivan Lam v. Scottsdale Ins. Co., 2024 U.S. Dist. LEXIS 81262 (M.D. Fla. April 12, 2024). Lam suffered a loss to her home due to Hurricane Ian. When only a portion of the claim was paid, Lam sued his insurer, Scottsdale, for breach of contract (Count I) and declaratory relief (Count II). Scottsdale argued that Lam's request for declaratory relief was redundant of her breach of contract claim. The court noted that Rule 12 (b)(6), Fed. R. Civil P., was a vehicle to challenge a claim's sufficiency. Redundancy was not insufficiency, and it was not a ground for dismissal under Rule 12 (b)(6). 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

    World Green Building Council Calls for Net-Zero Embodied Carbon in Buildings by 2050

    November 18, 2019 —
    The World Green Building Council’s latest maneuver in its war against greenhouse gas emissions is a rallying cry for embodied-carbon reduction in buildings that involves global collaboration, communication, education, innovation and regulation. WGBC’s ambitious aim is to get to net-zero EC in all new construction and renovations by 2050. Reprinted courtesy of Nadine M. Post, Engineering News-Record Ms. Post may be contacted at postn@enr.com Read the full story... Read the court decision
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    Reprinted courtesy of