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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


    Partners Jeremy S. Macklin and Mark F. Wolfe Secure Seventh Circuit Win for Insurer Client in Late Notice Dispute

    Elon Musk's Boring Co. Is Feuding With Texas Over a Driveway

    Bill to Include Coverage for Faulty Workmanship Introduced in New Jersey

    Negligent Misrepresentation Claim Does Not Allege Property Damage, Barring Coverage

    Florida Condo Collapse Shows Town’s Rich, Middle-Class Divide

    Burden to Prove Exception to Exclusion Falls on Insured

    Court of Appeals Upholds Default Judgment: Serves as Reminder to Respond to Lawsuits in a Timely Manner

    Motion for Reconsideration Challenging Appraisal Determining Cause of Loss Denied

    Do Not Forfeit Coverage Under Your Property Insurance Policy

    Unpunished Racist Taunts: A Pennsylvania Harassment Case With No True 'Winner'

    Trumark Homes Hired James Furey as VP of Land Acquisition

    South Carolina’s New Insurance Data Security Act: Pebbles Before a Landslide?

    No Duty to Defend Construction Defect Claims under Kentucky Law

    Ruling Dealing with Constructive Changes, Constructive Suspension, and the Implied Covenant of Good Faith and Fair Dealing

    Additional Insured Is Covered Under On-Going Operations Endorsement Despite Subcontractor's Completion of Work

    BWBO Celebrating Attorney Award and Two New Partners

    EEOC Focuses on Eliminating Harassment, Recruitment and Hiring Barriers in the Construction Industry

    Hirers Must Affirmatively Exercise Retained Control to be Liable Under Hooker Exception to Privette Doctrine

    Kansas City Airport Terminal Project Faces Delays, Rising Costs

    Competition to Design Washington D.C.’s 11th Street Bridge Park

    United States Supreme Court Limits Class Arbitration

    New Evidence Code Requires Attorney to Obtain Written Acknowledgement that the Confidential Nature of Mediation has been Disclosed to the Client

    Washington Supreme Court Upholds King County Ordinance Requiring Utility Providers to Pay for Access to County’s Right-of-Way and Signals Approval for Other Counties to Follow Suit

    Court Finds That Limitation on Conditional Use Permit Results in Covered Property Damage Due to Loss of Use

    ICE Said to Seek Mortgage Role Through Talks With Data Service

    Party Loses Additional Insured Argument by Improper Pleading

    Safe Harbors- not just for Sailors anymore (or, why advance planning can prevent claims of defective plans & specs) (law note)

    Construction Defect Suit Can Continue Against Plumber

    Significant Issues Test Applies to Fraudulent Claims to Determine Attorney’s Fees

    Federal Contractors Should Request Debriefings As A Matter Of Course

    Georgia Supreme Court Says Construction Defects Can Be an “Occurrence”

    Dusseldorf Evacuates About 4,000 as World War II Bomb Defused

    The Complex Insurance Coverage Reporter – A Year in Review

    New York Assembly Reconsiders ‘Bad Faith’ Bill

    Unqualified Threat to Picket a Neutral is Unfair Labor Practice

    Insured's Claim for Water Damage Dismissed with Leave to Amend

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

    Another Case Highlighting the Difference Between CGL Policies and Performance Bonds

    Invest In America Act Offers 494 Billion In Funding to U.S. Infrastructure and Millions of New Jobs

    Know What’s Under Ground and Make Smarter Planning Decisions

    Infrared Photography Illuminates Construction Defects and Patent Trolling

    Motion to Dismiss COVID Claim Granted in Part, Denied in Part

    As Evidence Grows, Regions Prepare for Sea Level Rise

    Why Builders Should Reconsider Arbitration Clauses in Construction Contracts

    Water Leak Covered for First Thirteen Days

    Carwash Prosecutors Seek $1.6 Billion From Brazil Builders

    Did You Really Accept That Bid? – How Contractors Can Avoid Post-Acceptance Bid Disputes Over Contract Terms

    South Carolina Law Clarifies Statue of Repose

    Get Smarter About Electric Construction Equipment

    Nevada OSHA Provides Additional Requirements for Construction Employers to Address Feasibility of Social Distancing at Construction Sites
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    FAIRFIELD CONNECTICUT BUILDING EXPERT
    DIRECTORY AND CAPABILITIES

    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.

    Building Expert News & Info
    Fairfield, Connecticut

    Mass. Gas Leak Follows NTSB Final Report, Call for Reforms

    November 24, 2019 —
    A major natural-gas leak forced Lawrence, Mass., residents to evacuate their homes early on Sept. 27. National Grid cut power to more than 1,300 customers to avoid another disaster like last year’s natural-gas explosions and fires in Lawrence and two other towns north of Boston. The leak came just days after federal officials called for changes to national pipeline regulations as they released a final report on the causes of the Sept. 13, 2018, disaster. Reprinted courtesy of Johanna Knapschaefer, Engineering News-Record ENR may be contacted at ENR.com@bnpmedia.com Read the full story... Read the court decision
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    Reprinted courtesy of

    Where Do We Go From Here?

    March 21, 2022 —
    Green Builder CoalitionFor this week’s Guest Post Friday, I welcome an old friend and past Guest Post Friday contributor, Mike Collignon. Mike is the Co-Founder and Executive Director of the Green Builder® Coalition. He engages in national and state-level advocacy and publishes regular content for Green Builder® Media. Mike is also the Chair of the WERS Development Group and has served as the moderator or host for Green Builder® Media’s Impact Series webinars from 2012– present. This post originally appeared on Green Builder® Media’s Code Watcher. Do you ever have a line from a song just pop into your head? I get that… a lot. It’s probably due to my lifelong love of music. Anyway, while I was researching this column, the line that cites the title of “Where Do We Go From Here?” by Filter started playing between my ears. You’ll see why in a couple of minutes. In case you didn’t read about it here or elsewhere, the IECC development process has undergone an overhaul. It is now following a standards process, yet it retains the word “code” in the name. The residential committee (which is the scope of this column) is now a consensus committee and has been greatly expanded. Proposals are still submitted, reviewed and voted on by the committee. On the surface, it doesn’t sound like much has changed. As they say, the devil is always in the details. 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

    President Trump Issued Two New EOs on Energy Infrastructure and Federal Energy Policy

    May 20, 2019 —
    1. The first EO is very comprehensive, affecting many federal agencies and departments, and is entitled “Promoting Federal Infrastructure and Economic Growth.” The EO emphasizes its concern with the need for infrastructure that “ is capable of safely and efficiently transporting these plentiful resources to end users.” To that end, the EO:
    • (A) states the general policy that the U.S. Government is to promote private investment in the Nation’s infrastructure by establishing efficient permitting processes and procedures that avoid duplication and result in increased regulatory certainty;
    • (B) reviews and revises existing federal guidance and regulations regarding Section 401 of the Clean Water Act (CWA), with particular emphasis on EPA’s guidance document, CWA Section 401 Water Quality Certification, and actions will be taken in accordance with a regulatory schedule set forth in the EO which has as its objective a notice of proposed rulemaking on the Environmental Protection Agency’s (EPA) Section 401 regulations to be published in 12 months, with the final rules to be issued by May 2020;
    Read the court decision
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    Reprinted courtesy of Anthony B. Cavender, Pillsbury
    Mr. Cavender may be contacted at anthony.cavender@pillsburylaw.com

    Issues to Watch Out for When Managing Remote Workers

    July 13, 2020 —
    Managing remote workers comes with its share of challenges. The complexities of setting and articulating expectations in a remote work environment – and providing feedback about performance tied to those expectations - adds an additional burden to our already-crowded work lives, particularly for managers who are new to remote supervisory roles. This article highlights some key issues that arise when managing remote workers. Issue 1: Insufficient feedback Annual reviews are not enough. Data clearly reflects that employees who receive regular feedback are happier, and more productive, in their roles. Employees require a “continuous feedback loop” to grow and improve. While many companies started migrating toward continuous feedback before the pandemic, remote work further increases the need for more frequent (formal and informal) check-ins. Organizations must provide management with a toolkit for providing – and receiving – constant feedback, and this toolkit should take into account changes in work styles and modalities of communication when employees are remote. Given the ease with which we can give face-to-face feedback compared to “virtual” feedback, this toolkit becomes even more important when only some employees are remote and others have returned onsite. Read the court decision
    Read the full story...
    Reprinted courtesy of Melissa (Powar) Clarke, Payne & Fears
    Ms. Clarke may be contacted at mec@paynefears.com

    Eighth Circuit Affirms Judgment for Bad Faith after Insured's Home Destroyed by Fire

    January 21, 2019 —
    The Eighth Circuit affirmed the district court's judgment that the insurer acted in bad faith when it denied the insured's claim based upon misrepresentations in the application after destruction of his house by fire. Hayes v. Metropolitan Pro. and Cas. Ins. Co., 2018 U.S. App. LEXIS 31813 (8th Cir. Nov. 9, 2018). Hayes' home was insured by Met under a homeowner's policy. Hayes used the detached garage as part of a home base for his plumbing business. He also rented out the second and third levels of the residence to a tenant and her two children. When Hayes applied for the policy in 2007, Met argues he indicated on the application that the premises were not used to conduct business, and were not used as rental property. 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

    No Coverage For Damage Caused by Chinese Drywall

    October 28, 2011 —

    The pollution exclusion barred coverage for alleged property damage and bodily injury in Evanston Ins. Co. v. Harbor Walk Dev., LLC, No. 2:10cv312 (E.D. Va. Sept. 9, 2011).

    Homeowners sued the insured, Harbor Walk, in three lawsuits, alleging the Chinese drywall installed in their homes emitted sulfides and other noxious gases. This caused corrosion and damage to the air-conditioning and ventilation units, refrigeration coils, copper tubing, faucets, metal surfaces, electrical appliances and other personal items. The homeowners also alleged the compounds emitted by the drywall caused bodily injury, such as allergic reactions, headaches, etc.

    Harbor Walk’s insurer, Evanston, filed for a declaratory judgment that the pollution exclusion precluded coverage.

    Read the full story...

    Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii. Mr. Eyerly can be contacted at te@hawaiilawyer.com

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    Reprinted courtesy of

    Warren Renews Criticism of Private Equity’s Role in Housing

    February 01, 2022 —
    Senator Elizabeth Warren is doubling down on her criticism of private equity’s involvement in the U.S. housing market as the nation grapples with an affordable-housing shortage. In letters sent Thursday, the Massachusetts Democrat asked housing firms Progress Residential LLC, Invitation Homes Inc. and American Homes 4 Rent about recent rent hikes, plans to acquire more properties and the number of evictions in recent years. Warren and other Democrats have scrutinized Wall Street’s role in the housing market since the 2008 financial crisis. During the pandemic, lawmakers have been on high alert for violations of eviction moratoriums and unfair treatment as Americans struggled financially to stay on their feet. Warren also expressed concern about automated homebuying practices, which allow companies to buy up properties using algorithms. Bloomberg reported that last year Zillow offloaded thousands of homes to institutional investors. Read the court decision
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    Reprinted courtesy of Akayla Gardner, Bloomberg

    Subcontractors Essential to Home Building Industry

    February 14, 2014 —
    The National Association of Home Builders (NAHB), Eye on Housing reports that subcontractors are essential to the home building industry—a point that is often overlooked by those outside of the industry. According to the NAHB, “71 percent of those employed in the home building industry are subcontractors.” The average number of subcontractors used in single-family detached homes in 2012 was twenty-five, however larger builders used more subcontractors: “On average, builders who built more than 25 units used 32 subcontractors during 2012, compared to 23 for builders who built less than 25 units.” Read the court decision
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    Reprinted courtesy of