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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


    Settlement Ends Construction Defect Lawsuit for School

    Fence Attached to Building Covered Under Dwelling Provisions

    Home Prices in 20 U.S. Cities Rose at Slower Pace in May

    Of Pavement and Pandemic: Liability and Regulatory Hurdles for Taking It Outside

    Employee Screening and Testing in the Covid-19 Era: Getting Back to Work

    Condo Developers Buy in Washington despite Construction Defect Litigation

    Lis Pendens – Recordation and Dissolution

    AB 1701 Has Passed – Developers and General Contractors Are Now Required to Double Pay for Labor Due to Their Subcontractors’ Failure to Pay

    Nevada Supreme Court Clarifies the Litigation Waiver of the One-Action Rule

    Building a Case: Document Management for Construction Litigation

    Robinson+Cole’s Amicus Brief Adopted and Cited by Massachusetts’s High Court

    Beyond the Disneyland Resort: Special Events

    Congratulations Bryan Stofferahn, August Hotchkin, and Eileen Gaisford on Their Promotion to Partner!

    Building Codes Evolve With High Wind Events

    Sweet News for Yum Yum Donuts: Lost Goodwill is Not an All or Nothing Proposition

    Topic 606: A Retrospective Review of Revenue from Contracts with Customers

    The Risks and Rewards of Sustainable Building Design

    Contractor Sues Golden Gate Bridge District Over Suicide Net Project

    Committeewoman Requests Refund on Attorney Fees after Failed Legal Efforts

    Following Mishaps, D.C. Metro Presses on With Repairs

    Lenders and Post-Foreclosure Purchasers Have Standing to Make Construction Defect Claims for After-Discovered Conditions

    Kushners Abandon Property Bid as Pressures Mount Over Conflicts

    Congratulations to BWB&O’s Los Angeles Office on Another Successful MSJ!

    Traub Lieberman Partner Greg Pennington Wins Summary Judgment in Favor of Property Owner

    Social Distancing and the Impact on Service of Process Amid the COVID-19 Pandemic

    Paul Tetzloff Elected As Newmeyer & Dillion Managing Partner

    Considerations in Obtaining a Mechanic’s Lien in Maryland (Don’t try this at home)

    California Supreme Court Hands Victory to Private Property Owners Over Public Use

    Connecticut Appellate Court Breaks New Ground on Policy Exhaustion

    California Supreme Court Raises the Bar on Dangerous Conditions on Public Property Claims

    Narberth Mayor Urges Dubious Legal Action

    More (and Simpler) Options Under New Oregon Retention Law

    Parking Garage Collapse May Be Due to Construction Defect

    Traub Lieberman Attorneys Lisa M. Rolle and Justyn Verzillo Win Motion for Summary Judgment

    Restaurant Wants SCOTUS to Dust Off Eleventh Circuit’s “Physical Loss” Ruling

    A Court-Side Seat: Flint Failures, Missed Deadlines, Toad Work and a Game of Chicken

    Flint Water Crisis and America’s Clean Water Access Failings

    The Colorado Court of Appeals Rules that a Statutory Notice of Claim Triggers an Insurer’s Duty to Defend.

    Reminder: A Little Pain Now Can Save a Lot of Pain Later

    NY Court Holds Excess Liability Coverage Could Never be Triggered Where Employers’ Liability Policy Provided Unlimited Insurance Coverage

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

    No Coverage for Counterclaim Arising from Insured's Faulty Workmanship

    Are You Taking Full Advantage of Available Reimbursements for Assisting Injured Workers?

    Labor Code § 2708 Presumption of Employer Negligence is Not Applicable Against Homeowners Who Hired Unlicensed Painting Company

    Breaking The Ice: A Policyholder's Guide to Insurance Coverage for Texas Winter Storm Uri Claims

    The Project “Completion” Paradox in California

    Axa Buys London Pinnacle Site for Redesigned Skyscraper

    Texas Supreme Court Finds Payment of Appraisal Award Does Not Absolve Insurer of Statutory Liability

    Hawaii Federal District Court Again Rejects Coverage for Faulty Workmanship

    Federal Judge Vacates CDC Eviction Moratorium Nationwide
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    FAIRFIELD CONNECTICUT BUILDING EXPERT
    DIRECTORY AND CAPABILITIES

    Leveraging from more than 7,000 construction defect and claims related expert witness designations, the Fairfield, Connecticut Building Expert Group provides a wide range of trial support and consulting services to Fairfield's most acknowledged construction practice groups, CGL carriers, builders, owners, and public agencies. Drawing from a diverse pool of construction and design professionals, BHA is able to simultaneously analyze complex claims from the perspective of design, engineering, cost, or standard of care.

    Building Expert News & Info
    Fairfield, Connecticut

    Stair Collapse Points to Need for Structural Inspections

    November 27, 2013 —
    The exterior stairways at the Nutmeg Woods apartments in New London, Connecticut have lead to injuries three times in the last three years, with the most recent failure causing fatal injuries. Despite the annual injuries, the city has not been inspecting the stairways on an annual basis. Calvin Darrow, New London’s fire marshal, told The Day, a New London newspaper, that these inspections are supposed to occur annually, but tend to come about once every five years. Mr. Darrow ascribed the matter to staffing issues. The stairways have now received a preliminary inspection by a structural engineer, and building and fire officials. Kirk Kripas told the paper that the Building Department was still attempting to determine when the stairs were built. Read the court decision
    Read the full story...
    Reprinted courtesy of

    What Should Business Owners Do If a Customer Won’t Pay

    January 02, 2024 —
    It should be simple: you provide a service, and your customer pays you for that service. Unfortunately, it is not always so simple. Not getting paid for your work can be one of the most frustrating issues, especially for small businesses. It also does not take much for money matters to lead to larger disputes. So, what should small business owners do in these cases? 1. Start with a reminder notice Most sources, including the U.S. Chamber of Commerce, agree that business owners should not begin by escalating the situation. Take time to review and fully understand the circumstances of this individual case. Then, begin with resending the invoice or sending reminders to pay. Read the court decision
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    Reprinted courtesy of Scott L. Baker, Baker & Associates
    Mr. Baker may be contacted at slb@bakerslaw.com

    Mediation in the Zero Sum World of Construction

    September 26, 2022 —
    Construction is a zero sum game. What do I mean by that? I mean that even where you, a construction professional with a great construction lawyer, have reviewed and edited a subcontract presented to you or provided a well-drafted contract to the other party that contains an attorney fees provision, every dollar that you spend on litigation is a dollar less of profit. Couple the fact that no construction company can or should bid or negotiate work with an eye toward litigation (aside from having a well written contract that will be enforced to the letter here in Virginia). Particularly on “low bid” type projects, contractors and subcontractors cannot “pad” their bids to take into account the possibility of attorney fees, arbitration, or litigation. Furthermore, the loss of productivity when your “back office” personnel are tied up dealing with discovery, phone calls, and other incidents of litigation that do nothing but rehash a bad project and increase the expense sap money from the bottom line. While the possibility of a judgment including attorney fees may soften this blow, you are still out the cash. All of this said, if you are in commercial construction for any significant period of time disputes will arise and I have discussed the process in some detail at other places here at Construction Law Musings. As a construction litigator, I am fully aware of this fact of life. Efficient management of these disputes is key, particularly when they escalate to the point where some form of outside “help” (read arbitrator or judge) is necessary. 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

    Missouri Legislature Passes Bill to Drastically Change Missouri’s “Consent Judgment” Statute

    August 10, 2021 —
    On June 29, 2021, Missouri Governor Mike Parson signed SB-HB 345 into law, which will drastically change Section 537.065 of the Missouri Revised Statutes. Section 537.065 provides an insured who has been denied insurance coverage a statutory mechanism to settle certain tort claims through an agreement akin to a consent judgment. Typically referred to as a “065 Agreement,” the statute allows a plaintiff and insured-tortfeasor to settle a claim for damages and specify which assets are available to satisfy the claim, typically the tortfeasor’s available insurance policy. In the past, such agreements were often accomplished without the insurer’s participation or even its knowledge. Under such agreements, the insured-tortfeasor assigns all rights to the insurance policy to the plaintiff and agrees not to contest the issues of liability or damages. In exchange the plaintiff agrees not to execute any judgment against the insured. The parties conduct what amounts to an uncontested and often “sham” trial resulting in a judgment far in excess of any actual damages or applicable policy limits had the case been contested. In a subsequent proceeding to collect on the judgment, the tortfeasor’s insurer is bound by the determinations of liability and damages made in the underlying action. This statutory framework presented plenty of opportunities for abuse. In 2017, the statute was amended in order to address some of those issues, including a requirement that the insured provide notice of a settlement demand under Section 065 and providing insurers a limited right to intervene in the tort action before liability and damages have been determined. Ostensibly, the intent of the 2017 amendments was to reduce the number of large and uncontested judgments and allow the insurance carrier an opportunity to continue litigating the injured party’s claim where the insured has no incentive or is contractually prohibited from doing so. Yet, creative plaintiff’s attorneys found several “loopholes” around these changes, most prominently, by moving their disputes from state court to binding arbitration and dispensing with notice to the insurer altogether, or at least until after the arbitration has concluded. Read the court decision
    Read the full story...
    Reprinted courtesy of Jason Taylor, Traub Lieberman
    Mr. Taylor may be contacted at jtaylor@tlsslaw.com

    The Vallagio HOA Appeals the Decision from the Colorado Court of Appeals

    August 04, 2015 —
    As highlighted in our most recent post, the Colorado Court of Appeals’ Vallagio decision upheld a declaration provision that prohibited the amendment of a mandatory arbitration clause without the consent of the developer/declarant. Vallagio at Inverness Residential Condominium Association, Inc. v. Metropolitan Homes, Inc., et al., 2015COA65 (Colo. App. May 7, 2015). This case protects a developer/declarant’s ability to arbitrate construction defect claims with a well-crafted declaration that requires declarant consent in order to amend the mandatory arbitration provisions for construction defect actions. However, the Vallagio ruling still hangs in the balance while the Colorado Supreme Court considers the condominium association’s petition for certiorari review, filed June 18, 2015. In its petition, the association argues that the declarant consent requirement violates public policy and four separate sections of the Colorado Common Interest Act (“CCIOA”). For instance, the association argued in the courts below that a declarant consent requirement violates section 217 of CCIOA, which governs unit owners’ voting percentage requirements and provides that declarations may not require more than 67% affirmative vote for amendments. The Court of Appeals rejected this argument, reasoning that other provisions of section 217 contemplate consent requirements by parties other than unit owners, such as first mortgagees. Read the court decision
    Read the full story...
    Reprinted courtesy of David M. McLain, Higgins, Hopkins, McLain & Roswell, LLC
    Mr. McLain may be contacted at mclain@hhmrlaw.com

    ASCE Statement on House Passage of Infrastructure Investment and Jobs Act

    November 15, 2021 —
    The following is a statement by Dennis D. Truax, P.E., President, American Society of Civil Engineers (ASCE): WASHINGTON, DC. – It is a great day for the nation as the U.S. House of Representatives passed the Infrastructure Investment and Jobs Act (IIJA), fulfilling President Biden's vision with a historic piece of legislation that will have monumental impacts on the economy, public safety, global competitiveness, and each American's well-being. Passage of this five-year, $1.2 trillion bill proves once again that the country can lead with infrastructure. With this legislation, the federal government will restore their critical partnership with cities and states to modernize our nation's roads, bridges, transit systems, drinking water pipes, school facilities, broadband, ports, airports and more. Without a strong federal partner, local projects that are community lifelines have hung in the balance, oftentimes being paused or outright cancelled due to funding uncertainties. When this happens, American households and businesses are the ones who pay the price. The IIJA is the culmination of decades of advocacy by American Society of Civil Engineers (ASCE) members who worked tirelessly to educate Congress about the role infrastructure plays in supporting the economy and our quality of life. ASCE's Infrastructure Report Cards have sounded the alarm on our nation's infrastructure conditions since 1998, with new reports being released every four years. While all categories of infrastructure have been the cause of some concerns, the common denominator behind each category's struggles has been a backlog of projects, overdue maintenance, and a need for resilience. This bill includes investments to repair and modernize these critical assets for almost all of the 17 categories in the 2021 Report Card for America's Infrastructure, which assigned our nation's infrastructure a cumulative grade of 'C-'. ABOUT THE AMERICAN SOCIETY OF CIVIL ENGINEERS Founded in 1852, the American Society of Civil Engineers represents more than 150,000 civil engineers worldwide and is America's oldest national engineering society. ASCE works to raise awareness of the need to maintain and modernize the nation's infrastructure using sustainable and resilient practices, advocates for increasing and optimizing investment in infrastructure, and improve engineering knowledge and competency. For more information, visit www.asce.org or www.infrastructurereportcard.org and follow us on Twitter, @ASCETweets and @ASCEGovRel. Read the court decision
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    Reprinted courtesy of

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

    February 08, 2021 —
    Following the decision of the Court of Justice of the European Union (EU) in case C-311/18 Data Protection Commissioner v. Facebook Ireland Limited and Maximillian Schrems (known as “Schrems II”), companies in the United States can no longer rely on the Privacy Shield, the framework developed by the US Department of Commerce, and the European Commission and Swiss Administration to promote transatlantic commerce while protecting personal data. Schrems II Invalidated the Privacy Shield and Creates Uncertainty Schrems II concluded that the EU-U.S. Privacy Shield Framework is no longer a valid mechanism to comply with EU data protection requirements when transferring personal data from the EU to the United States. Further, in a subsequent decision, the Swiss Federal Data Protection and Information Commissioner concluded that the data protection of the Privacy Shield does not provide an adequate level of protection for data transfer from Switzerland to the US pursuant to their Federal Act on Data Protection. Read the court decision
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    Reprinted courtesy of Heather Whitehead, Newmeyer Dillion
    Ms. Whitehead may be contacted at heather.whitehead@ndlf.com

    Risk Protection: Force Majeure Agreements Take on Renewed Relevance

    November 30, 2020 —
    Force majeure clauses have been standard in contracts dating back hundreds of years in the United States—and even longer in Europe. “Force majeure,” which is French for “greater force,” removes liability for unforeseen events that prevent parties from fulfilling contractual obligations. In a year defined by the COVID-19 pandemic, these clauses have gone from boilerplate basics to something worthy of further examination and attention in order to minimize risk for all parties involved in a construction project. Prior to COVID-19, drafters might have considered a localized or regional event that would lead to invoking a force majeure clause. It is doubtful, however, that anybody envisioned the impact on such a world-wide scale. UNDERSTANDING THE AGREEMENTS Force majeure clauses cover unforeseen events, a broad term that encompasses both acts of God and human-caused incidents. These range from natural disasters like earthquakes and hurricanes to acts of terrorism, strikes, political strife, government actions, war and other difficult- or impossible-to-predict disruptions. When such an event occurs, the force majeure clause attempts to remove, or at least reduce, uncertainty as to the rights and liabilities of the parties to the agreement. Reprinted courtesy of Michael E. Carson, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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    Reprinted courtesy of
    Mr. Carson may be contacted at michael.carson@nationwide.com