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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

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    Local # 0740
    20 Hartford Rd Suite 18
    Salem, CT 06420

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    Local # 0720
    2189 Silas Deane Highway
    Rocky Hill, CT 06067

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    Local # 0755
    2189 Silas Deane Hwy
    Rocky Hill, CT 06067

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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
    For Fairfield Connecticut


    No Damage for Delay? No Problem: Exceptions to the Enforceability of No Damage for Delay Clauses

    Additional Insured Not Entitled to Reimbursement of Defense Costs Paid by Other Insurers

    New York's New Gateway: The Overhaul of John F. Kennedy International Airport

    Couple Claims ADA Renovation Lead to Construction Defects

    Appraiser Declarations Inadmissible When Offered to Challenge the Merits of an Appraisal Award

    Denial of Coverage for Bulge in Wall Upheld

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

    CGL Insurer’s Duty To Defend Broader Than Duty To Indemnify And Based On Allegations In Underlying Complaint

    How Pennsylvania’s Supreme Court Decision Affects Coverage of Faulty Workmanship Claims

    Insurer Has No Obligation to Cover Arbitration Award in Construction Defect Case

    Sun, Sand and Stir-Fry? Miami Woos Chinese for Property: Cities

    Court Finds No Occurrence for Installation of Defective flooring and Explains Coverage for Attorney Fee Awards

    Construction Law Alert: Appellate Court Lets Broad General Release Stand in SB 800 Case

    Haight has been named a Metropolitan Tier 1 and Tier 2 “Best Law Firm” by U.S. News – Best Lawyers® “Best Law Firms” in 2025

    NJ Condo Construction Defect Case Dismissed over Statute of Limitations

    Augmented and Mixed Reality in Construction

    Best Practices: Commercial Lockouts in Arizona

    Insurers Refuse Indemnification of Subcontractors in Construction Defect Suit

    Federal District Court Issues Preliminary Injunction Against Implementation of the Fair Pay and Safe Workplaces Final Rule

    Manufacturer of Asbestos-Free Product May Still Be Liable for Asbestos Related Injuries

    How AB5 has Changed the Employment Landscape

    Pennsylvania Supreme Court Rules that Insurance Salesman had No Fiduciary Duty to Policyholders

    FEMA Administrator Slams Failures to Prepare, Evacuate Before Storms

    The Importance of the Recent Amendment to Rule 702 of the Federal Rules of Evidence

    US Supreme Court Backs Panama Canal Owner in Dispute with Builders

    Expert Excluded After Never Viewing Damaged Property

    Nonresidential Construction Employment Expands in August, Says ABC

    Providing “Labor” Under the Miller Act

    Reminder: Know Your Contractor Licensing Rules

    Contractor's Agreement to Perform Does Not Preclude Coverage Under Contractual Liability Exclusion

    CSLB “Fast Facts” for Online Home Improvement Marketplaces

    Milwaukee's 25-Story Ascent Stacks Up as Tall Timber Role Model

    Insurer Prevails on Summary Judgment for Bad Faith Claim

    Paycheck Protection Program Forgiveness Requirements Adjusted

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    Disrupt a Broken Industry—The Industrial Construction Sandbox

    Insurance for Large Construction Equipment Such as a Crane

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    Architect Not Responsible for Injuries to Guests

    Cyber Security Insurance and Design Professionals

    Real Estate & Construction News Roundup (10/16/24) – Chevron Ruling’s Impact on Construction Industry, New Kind of Public Housing and Policy Recommendations from Sustainable Building Groups

    Bill Taylor Co-Authors Chapter in Pennsylvania Construction Law Book

    Emerging World Needs $1.5 Trillion for Green Buildings, IFC Says

    Insured's Experts Excluded, But Insurer's Motion for Summary Judgment Denied

    EPA Looks to Reduce Embodied Carbon in Materials With $160M in Grants

    The 2024 Colorado Legislative Session Promises to be a Busy One for the Construction Industry and its Insurers

    Limitations on the Ability to Withdraw and De-Annex Property from a Common Interest Community

    Record Keeping—the Devil’s in the Details

    Client Alert: Court of Appeal Applies Common Interest Privilege Doctrine to HOA Litigation Meetings

    Federal Court Rejects Insurer's Argument that Wisconsin Has Adopted the Manifestation Trigger for Property Policy
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    FAIRFIELD CONNECTICUT BUILDING EXPERT
    DIRECTORY AND CAPABILITIES

    The Fairfield, Connecticut Building Expert Group is comprised from a number of credentialed construction professionals possessing extensive trial support experience relevant to construction defect and claims matters. Leveraging from more than 25 years experience, BHA provides construction related trial support and expert services to the nation's most recognized construction litigation practitioners, Fortune 500 builders, commercial general liability carriers, owners, construction practice groups, and a variety of state and local government agencies.

    Building Expert News & Info
    Fairfield, Connecticut

    The Sounds of Silence: Pennsylvania’s Sutton Rule

    January 29, 2024 —
    In Westminster Am. Ins. Co. a/s/o Androulla M. Toffalli v. Bond, No. 538 EDA 2023, 2023 Pa. Super. LEXIS 626, 2023 PA Super 272, the Superior Court of Pennsylvania (Appellate Court) recently discussed the impact of silence on the Sutton Rule with respect to the landlord, Androulla M. Toffalli (Landlord), securing insurance. After holding that the tenant, Amy S. Bond (Bond) t/a Blondie’s Salon – who leased both commercial and residential space in the building pursuant to written leases – was not an implied “co-insured” on Landlord’s insurance policy, the Appellate Court reversed the decision of the trial court. In this case, Bond rented the ground floor of a property located in Monroe County pursuant to a written commercial lease (Commercial Lease) and operated Blondie’s salon out of the leased location. In addition, Bond rented and lived in a second-floor apartment pursuant to a residential lease (Residential Lease). Both leases required the tenants (Tenants) to obtain insurance for personal items. The leases, however, did not require Landlord to obtain fire insurance for the property. Read the court decision
    Read the full story...
    Reprinted courtesy of William L. Doerler, White and Williams LLP
    Mr. Doerler may be contacted at doerlerw@whiteandwilliams.com

    MTA’S New Debarment Powers Pose an Existential Risk

    July 15, 2019 —
    The normal project and contractual risks faced by contractors, consultants and suppliers to the Metropolitan Transportation Authority are considerable. A new law and regulations mandating that the MTA debar contractors, consultants and suppliers for unexcused schedule and cost overruns creates a new and unfair existential risk. The new law, Public Authorities Law Section 1279-h, slipped into the New York State budget bill and passed without public comment, was enacted on April 12, 2019. Implementing regulations were issued on June 5, 2019, and mandate that the MTA debar contractors (defined to include consultants, vendors and suppliers) if they: (1) fail to achieve substantial completion of their contractual obligations within 10% of the adjusted contract time; or (2) present claims for additional compensation that are denied in an amount that exceeds the total adjusted contract amount by 10% or more.[1] To say that your business and your livelihood are at risk is not an overstatement. The MTA umbrella includes the New York City Transit Authority, MTA Capital Construction, Bridges & Tunnels, Long Island Railroad and Metro North, among others. A debarment by one of these authorities will lead to a debarment by all of them, and then to a debarment by all New York State agencies and authorities,[2] and possibly debarment across state lines. Public and major private owners, as part of their RFP and procurement processes, routinely inquire regarding a bidding contractor’s debarment history. The risk is to new contracts and, because the MTA has decided to give retroactive effect to the law and regulations, to contracts that are already ongoing (even though these risks could not have been considered, priced or agreed to by contractors or their sureties). Reprinted courtesy of Peckar & Abramson, P.C. attorneys Steven M. Charney, Gregory H. Chertoff and Paul Monte Mr. Charney may be contacted at scharney@pecklaw.com Mr. Chertoff may be contacted at gchertoff@pecklaw.com Mr. Monte may be contacted at pmonte@pecklaw.com Read the court decision
    Read the full story...
    Reprinted courtesy of

    Georgia Supreme Court Addresses Anti-Indemnity Statute

    October 21, 2019 —
    In prior blog posts, we addressed Georgia’s anti-indemnity statute. One of the posts addressed the statute in the context of an electric utility easement near an airport. That case made its way to the Supreme Court Georgia, which provided some additional clarity to the statute. Milliken & Co. v. Georgia Power Co., — Ga. –, 829 S.E.2d 111 (2019). When a plane crashed and several passengers and crew died or were injured, their representatives sued several defendants, including a nearby plant owner, Milliken & Company (“Milliken”), based on claims that transmission lines on Milliken’s property were too close to the runways, were too high, and encroached on the airport easements. Milliken cross claimed against Georgia Power Company (“GPC”). Milliken’s claim was based on an easement it granted to GPC, which required GPC to indemnify it for any claims arising out of GPC’s construction or maintenance of the transmission lines. On appeal, the Supreme Court considered whether the clause was unenforceable under O.C.G.A. § 13-8-2(b). In general, “a party may contract away liability to the other party for the consequences of his own negligence without contravening public policy, except when such agreement it prohibited by statute.” Id. at 113 citing Lanier at McEver v. Planners & Eng’rs Collaborative, 284 Ga. 204, 205 (2008). As one such statute, O.C.G.A. § 13-8-2(b) applies when an indemnification provision (i) “relates in some way to a contract for construction, alteration, repair, or maintenance of certain property” and (ii) “promises to indemnify a party for damages arising from that own party’s sole negligence.” Id. at 114 (internal punctuation omitted). Read the court decision
    Read the full story...
    Reprinted courtesy of David R. Cook, Autry, Hall & Cook, LLP
    Mr. Cook may be contacted at cook@ahclaw.com

    Can We Compel Insurers To Cover Construction Defect in General Liability Policies?

    December 09, 2011 —

    Recently, I read an article on Engineering News-Record that outlines a remarkable movement by as many as four states, to mandate coverage of construction defects in contractor general liability insurance policies. Say what? Is this a reality? What will become of affordable insurance?

    Commercial General Liability insurance, or CGL, is your basic liability insurance. Every contractor doing business in the State of Washington, and most likely those abroad, has this insurance. Contractors buy this insurance to protect them from unforeseen liabilities arising from their negligence - and right now it’s reasonably affordable.

    Why is it so affordable in such a risk-heavy industry? Because CGL policies significantly limit the scope of their coverage. Coverage is generally afforded for damages resulting from negligence (The roofer put a hammer through the drywall contractor’s wall) or which resulted from your defective construction (the roof leaked and flooded the rest of the house). But, that coverage does not include replacement of your faulty construction (the contents of the home might be protected by your leaky roof - the leaky roof itself is not).

    The debate over coverage typically stems from the definition of “occurrence,” a term used to describe the event from which coverage arises, “resulting loss,” a term used to describe the type of loss covered.

    Read the full story…

    Reprinted courtesy of Douglas Reiser of Reiser Legal LLC. Mr. Reiser can be contacted at info@reiserlegal.com

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

    Spearin Doctrine 100 Years Old and Still Thriving in the Design-Build Delivery World

    January 09, 2019 —
    The Supreme Court’s ruling in United States v. Spearin, [1] also referred to as the Spearin doctrine, is a landmark construction decision.[2] The Spearin doctrine provides that the Owner impliedly warrants the information, plans and specifications which an Owner provides to a General Contractor. If a Contractor is bound to build according to plans and specifications prepared by the Owner, the Contractor will not be responsible for the consequences of defects in the plans and specifications. Read the court decision
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    Reprinted courtesy of John P. Ahlers, Ahlers Cressman & Sleight PLLC
    Mr. Ahlers may be contacted at john.ahlers@acslawyers.com

    Don’t Kick the Claim Until the End of the Project: Timely Give Notice and Preserve Your Claims on Construction Projects

    December 10, 2015 —
    For this week’s Guest Post Friday, we welcome Tara L. Chadbourn. Tara is an attorney with ReavesColey PLLC in Chesapeake, VA, where she concentrates her practice on construction law, litigation and commercial litigation. Tara counsels owners, contractors, subcontractors and materials suppliers in various government and commercial construction matters. Tara can be reached at tara.chadbourn@reavescoley.com. You may have experienced and have certainly heard of the scenario in which a contractor waits to address a claim as part of project closeout, only to realize the applicable deadline has already passed. While there may have been discussions about claims during the course of the project, contractors cannot rely upon oral conversations about outstanding claims. Instead, contractors must be vigilant in satisfying notice requirements and preserving claims. While entitlement must still be proven, a contractor’s chances of recovery increase greatly if the contractor abides by notice requirements and consciously preserves claims in the following ways. Contractors Must Acquaint Themselves with Contractual Notice Provisions: Many prime and subcontract agreements contain stringent notice provisions that require the contractor to give notice within a certain time period or else the claim is expressly waived. The deadline for notice is often only a few days after the occurrence giving rise to the claim or the contractor becoming aware of the claim. To avoid waiver, contractors must carefully review their contracts for provisions requiring notice of a claims for adjustment for a variety of situations to include unforeseen site conditions, trade sequencing changes, project delay or scope of work changes. Read the court decision
    Read the full story...
    Reprinted courtesy of Christopher G. Hill, Law Office of Christopher G. Hill, PC
    Mr. Hill may be contacted at chrisghill@constructionlawva.com

    Architect Named Grand Custom Home Winner for Triangular Design

    November 05, 2014 —
    Robert Gurney, architect, created a triangular shaped home design to deal with restricted space on a corner lot that has "stumped developers for years," according to Custom Home. "Using the wedge-shaped lot’s height limit and property line setbacks to define a structure, Gurney designed a striking triangle-plan house that not only answers its owners’ program requirements, but also makes a handsome and respectful addition to the existing streetscape," according to Custom Home. Gurney told Custom Home that the clients--two graphic designers--helped make it successful. “They’re design-oriented,” he said, “so they were pretty much on board with whatever we came up with. And, fortunately, they didn’t need a lot of space; they’re empty-nesters.” Read the court decision
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    Reprinted courtesy of

    Meet Daniel Hall, Assistant Professor at TU Delft

    January 17, 2023 —
    We sat down with Daniel M. Hall, an assistant professor at TU Delft, to discuss ways of achieving circularity in the built environment. Daniel will be a keynote speaker at WDBE in September 2023, where he’ll talk more about future circular cities. Daniel is internationally known for his research on construction management and construction informatics. He did his Ph.D. at Stanford and worked for almost five years as an Assistant Professor of Innovative and Industrial Construction at ETH Zurich. In September 2022, he moved to the Netherlands. The Delft University of Technology, Daniel’s new home base, strongly emphasizes the circular economy and circularity and has a long history of excellent teaching and research. It provides an inspiring environment for innovating the future. Why we need to improve circularity in cities “We cannot keep building the way we’ve been building. We don’t have enough resources; we don’t have enough materials,” Daniel asserts. “Obviously, we have questions around carbon impact. Around 40 percent of all CO2 emissions come from a combination of building operations and building materials.” Read the court decision
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    Reprinted courtesy of Aarni Heiskanen, AEC Business
    Mr. Heiskanen may be contacted at aec-business@aepartners.fi