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    Local # 0780
    433 Meadow St
    Fairfield, CT 06824

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    Building Expert News and Information
    For Fairfield Connecticut


    Insurance Litigation Roundup: “Post No Bills!”

    Is It Time to Get Rid of Retainage?

    Three Construction Workers Injured at Former GM Plant

    Broker Not Liable for Failure to Reveal Insurer's Insolvency After Policy Issued

    NYC’s Next Hot Neighborhoods Targeted With Property Funds

    Recent Changes in the Law Affecting Construction Defect Litigation

    TOP TAKE-AWAY SERIES: The 2023 Annual Meeting in Vancouver

    Vinci Will Build $580M Calgary Project To Avoid Epic Flood Repeat

    Can a Receiver Prime and Strip Liens Against Real Property?

    PulteGroup Fires Exec Accused of Defamation By Founder’s Heir

    The G2G Year in Review: 2020

    Home Construction Slows in Las Vegas

    Bats, Water, Soil, and Bridges- an Engineer’s dream

    Economic Damages Cannot be Based On Speculation

    Emotional Distress Damages Not Distinct from “Annoyance and Discomfort” Damages in Case Arising from 2007 California Wildfires

    Equal Access to Justice Act Fee Request Rejected in Flood Case

    Real Estate & Construction News Round-Up (05/11/22)

    GE to Repay $87 Million for Scaled-Back Headquarters Plan

    New Spending Measure Has Big Potential Infrastructure Boost

    Encinitas Office Obtains Complete Defense Verdict Including Attorney Fees and Costs After Ten Day Construction Arbitration

    Price Escalation Impacts

    Pennsylvania Finds Policy Triggered When Property Damage Reasonably Apparent

    Ninth Circuit Holds Efficient Proximate Cause Doctrine Applies Beyond All-Risk Policies

    Insurer Must Defend Where Possible Continuing Property Damage Occurred

    Contractual Warranty Agreements May Preclude Future Tort Recovery

    Oregon Codifies Tall Wood Buildings

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    Columbus, Ohio’s Tallest Building to be Inspected for Construction Defects

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    An Upward Trend in Commercial Construction?

    SCOTUS to Weigh Landowners' Damage Claim Against Texas DOT

    Sometimes You Get Away with Default (but don’t count on it)

    Ortega Outbids Pros to Build $10 Billion Property Empire

    Real Estate & Construction News Roundup (10/04/23) – NFL Star Gets into Real Estate, DOJ Focuses on “Buyer-Broker Commissions”, and the Auto Workers’ Strike Continues

    Rihanna Gained an Edge in Construction Defect Case

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

    Scarce Cemetery Space Creates Prices to Die For: Cities

    Court of Appeals Issues Decision Regarding Second-Tier Subcontractors and Pre-Lien Notice

    SFAA Commends U.S. House for Passage of Historic Bipartisan Infrastructure Bill

    Congratulations to Partner Nicole Whyte on Being Chosen to Receive The 2024 ADL’s Marcus Kaufman Jurisprudence Award

    Georgia Supreme Court Addresses Anti-Indemnity Statute

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    Construction Termination Issues Part 4: What to Do When They Want to Fire You, the Architect or Engineer

    Paycheck Protection Program Forgiveness Requirements Adjusted

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    Is it the End of the Lease-Leaseback Shootouts? Maybe.

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    Corporate Profile

    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

    Miami Building Boom Spreads Into Downtown’s Tent City

    October 29, 2014 —
    A building boom that transformed Miami into a destination for the global elite left out the city core, better known for its empty lots filled at night with tents for the homeless. Now the area awaits a $2 billion face lift. Worldcenter, a 27-acre (11-hectare) development that languished for almost a decade, won city approval last month and is slated to break ground next year near Miami’s business district. The project will include almost 1,000 luxury condominiums and apartments, a Marriott Marquis hotel with convention space, and stores such as Macy’s and Bloomingdale’s. Developers CIM Group, Falcone Group and Centurion Partners are seeking to breathe life into a neighborhood often referred to as the “hole in the doughnut,” an area of blight and weedy lots surrounded by luxury properties that are attracting South American, European and Asian buyers. Its revival reflects both the strong investor demand in Miami and a national trend toward a mix of real estate in an urban center catering to people who want to live, work and play in close proximity. Read the court decision
    Read the full story...
    Reprinted courtesy of Nadja Brandt, Bloomberg
    Ms. Brandt may be contacted at nbrandt@bloomberg.net

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

    April 15, 2024 —
    Note: The text of this article was updated 4/3/24 to reflect new information. Weather and water conditions are hampering the piece-by-piece process of cutting and removing wreckage from the collapsed Francis Scott Key Bridge in Baltimore, while officials consider potentially utilizing progressive design-build for a replacement bridge. Officials remain uncertain as to how long the meticulous effort to clear the key shipping channel will take. Reprinted courtesy of Jim Parsons, Engineering News-Record ENR may be contacted at enr@enr.com Read the full story... Read the court decision
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    Reprinted courtesy of

    On-Site Supersensing and the Future of Construction Automation – Discussion with Aviad Almagor

    September 06, 2021 —
    For this episode of WDBE Talks, we sat down with Aviad Almagor of Trimble Ltd. to discuss sensor technology in the modern built environment. Our conversation touched on the on-site implementation of robotics and AI-based solutions, the importance of data capture, and the challenges facing the sector today and in the years ahead. Aviad Almagor is the Division Vice President of Emerging Technologies with Trimble Ltd., a California-based hardware, software, and tech company that specializes in the development of Global Navigation Satellite Systems (GNSS) and recently collaborated with Boston Dynamics to automate construction processes. “AI in construction is a very exciting topic though the industry is traditionally not very well-equipped to adopt technology in a very effective way. AI is an enabling technology that can be used to support and augment work. This means we can automate processes; predict delays in schedule; cost changes; even design issues and prescribe and provide decision-makers with the right information to be efficient and to make the right choices for projects.” Aviad noted in our interview. 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

    Subcontractor’s Miller Act Payment Bond Claim

    September 07, 2017 —
    Since I wrote my ebook on the application of federal Miller Act payment bonds, I have not discussed a case applying the Miller Act. Until now! Below is a case that reinforces two important points applicable to Miller Act payment bond claims. First, the case reinforces what a claimant needs to prove to establish a Miller Act payment bond claim. Very important. Second, the case reinforces that a subcontractor is going to be governed by its subcontract. This means that those provisions regarding payment and scope of work are very important. Not that you did not already know this, but ignoring contractual requirements will not fly. In U.S.A. f/u/b/o Netplanner Systems, Inc. v. GSC Construction, Inc., 2017 WL 3594261 (E.D.N.C. 2017), a prime contractor hired a subcontractor to run cabling and wiring at Fort Bragg. The subcontractor claimed it was owed a balance and filed a lawsuit against the general contractor the Miller Act payment bond. Read the court decision
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    Reprinted courtesy of David Adelstein, Florida Construction Legal Updates
    Mr. Adelstein may be contacted at Dadelstein@gmail.com

    Elon Musk’s Proposed Vegas Strip Transit System Advanced by City Council Vote

    January 11, 2021 —
    Elon Musk’s tunneling company Boring Co. is already building a transit system for Las Vegas convention-goers. Now, he wants to build one for the rest of the city. On Wednesday, the Las Vegas City Council voted unanimously to advance plans to dramatically expand Musk’s Loop project from a convention center transit system to a citywide network that would include hotels and, one day, potentially even the airport. The proposed expansion brings the tunnel-based transportation system as far north as Ogden Avenue, near attractions such as the Downtown Container Park and classic casinos like the Golden Nugget. Proposed stops en route include the Arts District and the Stratosphere tower, the spaceship-like landmark that is part of a hotel. The precise location of stations will be determined later in the process, according to documents submitted to the council. Read the court decision
    Read the full story...
    Reprinted courtesy of Sarah McBride, Bloomberg

    Collapse Claim Fails Due To Defectively Designed Roof and Deck

    May 28, 2024 —
    The insured's claim for collapse of his roof and deck failed due to defective design and other exclusions under the policy. Dudar v. State Farm & Cas. Co., 2024 U.S. Dist. LEXIS 52706 (N.D. Ga. Feb. 6, 2024). The insured submitted a claim to State Farm for damage to the roof ("Roof Claim"). State Farm's adjuster placed a ladder on the deck to access the roof and a portion of the deck collapsed. The insured then reported a claim to State Farm for damage to the deck ("Deck Claim"). The claims were denied and suit was filed. The roof had leaked on several occasions prior to submission of the Roof Claim. On February 25, 2022, the insured discovered that a branch had cut a hole in the tarp, causing water to leak into the home. The insured performed repairs on the roof. On March 8, 2022, a storm caused more water to seep through the tarp into the ceilings and walls. Thereafter, the Roof Claim was submitted. The damage from the leaking roof and the deck collapse were caused by rotting. The rotting, in turn, was caused by a combination of defective building design and resulting water damage from rain and storms over the years. The roof and deck were constructed to provide mutual support to one another. The roof did not contain an adequate slope, which caused water to seep down into the walls and flooring rather than to flow downward and away from the property. Over time, penetrating water caused portions of the roof, the floor, and the supporting wall between the roof and deck to rot. Read the court decision
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    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    David A. Frenznick Awarded Multiple Accolades in the 2020 Edition of The Best Lawyers in America

    September 23, 2019 —
    Wilke Fleury congratulates attorney David A. Frenznick on his inclusion in the 26th Edition of The Best Lawyers in America© for his work in: Litigation – Real Estate! In addition, David was also acknowledged as a 2020 “Lawyer of the Year” award recipient. He received this accolade for his work in Litigation – Real Estate in Sacramento. Only a single lawyer in each practice area and community is honored with a “Lawyer of the Year” award. Since it was first published in 1983, Best Lawyers® has become universally regarded as the definitive guide to legal excellence. Best Lawyers lists are compiled based on an exhaustive peer-review evaluation. Almost 94,000 industry leading lawyers are eligible to vote (from around the world), and have received over 11 million evaluations on the legal abilities of other lawyers based on their specific practice areas around the world. For the 2020 Edition of The Best Lawyers in America©, 8.3 million votes were analyzed, which resulted in more than 62,000 leading lawyers being included in the new edition. Lawyers are not required or allowed to pay a fee to be listed; therefore inclusion in Best Lawyers is considered a singular honor. Corporate Counsel magazine has called Best Lawyers “the most respected referral list of attorneys in practice.” Read the court decision
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    Reprinted courtesy of David A. Frenznick, Wilke Fleury
    Mr. Frenznick may be contacted at dfrenznick@wilkefleury.com

    White and Williams Defeats Policyholder’s Attempt to Invalidate Asbestos Exclusions

    January 28, 2014 —
    White and Williams attorneys scored a significant victory for the insurance industry on January 15, 2014, when a federal jury of four men and four women rejected a policyholder’s novel efforts to invalidate asbestos exclusions contained in insurance policies issued between February 1, 1979 and August 1, 1985. In General Refractories Co. v. First State Ins. Co., Civil Action No. 04-CV-3509 (E.D. Pa.), General Refractories Company contended that asbestos exclusions in insurance policies issued by various insurance companies in the late 1970s and 1980s had not been submitted to the Pennsylvania Department of Insurance for approval prior to use and, therefore, were unenforceable. Holding a failure to obtain approval, by itself, would not be sufficient to render the exclusions unenforceable, the Honorable Edmund Ludwig sent the matter to trial to determine whether the Pennsylvania Insurance Commissioner implemented a policy that was uniformly executed by the Insurance Department to disapprove all asbestos exclusions between February 1, 1979 and August 1, 1985, such that the exclusions violated a “dominant public policy.”

    Reprinted courtesy of Gregory LoCasale, White and Williams LLP

    and Patricia Santelle , White and Williams LLP

    Ms. Santelle may be contacted at santellep@whiteandwilliams.com and Mr. LoCasale may be contacted at locasaleg@whiteandwilliams.com. Read the court decision
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    Reprinted courtesy of