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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

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    Home Builders Association of New Haven Co
    Local # 0720
    2189 Silas Deane Highway
    Rocky Hill, CT 06067

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    Home Builders Association of Hartford Cty Inc
    Local # 0755
    2189 Silas Deane Hwy
    Rocky Hill, CT 06067

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    Home Builders Association of NW Connecticut
    Local # 0710
    110 Brook St
    Torrington, CT 06790

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    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


    Appeals Court Rules that Vertical and Not Horizontal Exhaustion Applies to Primary and First-Layer Excess Insurance

    U.S. Department of Justice Settles against Days Inn

    Allegations of Actual Property Damage Necessary to Invoke Duty to Defend

    Architect Responds to Defect Lawsuit over Defects at Texas Courthouse

    Federal Court in New York Court Dismisses Civil Authority Claim for COVID-19 Coverage

    Cape Town Seeks World Cup Stadium Construction Collusion Damages

    Insurer Must Defend Additional Insured Though Its Insured is a Non-Party

    Construction Defect Headaches Can Be Avoided

    Construction Law Client Alert: Hirer Beware - When Exercising Control Over a Job Site’s Safety Conditions, You May be Held Directly Liable for an Independent Contractor’s Injury

    Everyone's Moving to Seattle, and It's Stressing Out Sushi Lovers

    Safety Versus a False Sense of Security: Challenges to the Use of Construction Cranes

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

    Cuba: Construction Boom Potential for U.S. Construction Companies and Equipment Manufacturers?

    Just a House That Uses 90 Percent Less Energy Than Yours, That's All

    Changes to Judicial Selection in Mexico Create a New Case for Contractual ADR Provisions

    MTA Debarment Update

    Sustainability Puts Down Roots in Real Estate

    ASHRAE Approves Groundbreaking Standard to Reduce the Risk of Disease Transmission in Indoor Spaces

    Subsequent Owners of Homes Again Have Right to Sue Builders for Construction Defects

    Single-Family Home Starts Seen Catching Up to Surging U.S. Sales

    There's No Such Thing as a Free House

    Indemnity Payment to Insured Satisfies SIR

    Atlanta Office Wins Defense Verdict For Property Manager On Claims By Vendor, Cross-Claims By Property Owner

    The U.S. Tenth Circuit Court of Appeals Rules on Greystone

    The Brooklyn Condominium That’s Reinventing Outdoor Common Space

    California’s Skilled and Trained Workforce Requirements: Public Works and AB 3018, What You Need to Know

    It’s Not Just the Millennium Tower That’s Sinking in San Francisco

    Will There Be Construction Defect Legislation Introduced in the 2019 Colorado Legislative Session?

    Waiving Consequential Damages—What Could Go Wrong?

    2023 Construction Law Update

    Project Completion Determines Mechanics Lien Recording Deadline

    Counterpoint: Washington Supreme Court to Rule on Resulting Losses in Insurance Disputes

    Contractor Sued for Contract Fraud by Government

    Sacramento Water Works Recognized as a Historic Civil Engineering Landmark

    Brookfield Wins Disputed Bid to Manage Manhattan Marina

    Disaster-Relief Bill Stalls in Senate

    Express Warranty Trumping Spearin’s Implied Warranty

    California’s Right To Repair Act Is The Sole Remedy For Damages For Construction Defects In New Residential Construction

    Once Again: Contract Terms Matter

    Thank Your Founding Fathers for Mechanic’s Liens

    How the Parking Garage Conquered the City

    Angelo Mozilo Speaks: No Regrets at Countrywide

    Architectural Firm Disputes Claim of Fault

    Construction Defect Claims Not Covered

    Insurers May Not Be Required to Defend Contractors In a Florida §558 Proceeding

    Save A Legal Fee? Sometimes You Better Talk With Your Construction Attorney

    "Occurrence" May Include Intentional Acts In Montana

    No Duty to Defend under Homeowner's Policy Where No Occurrence, No Property Damage

    Record Home Sales in Sydney Add to Bubble Fear

    Hurricane Warning: Florida and Southeastern US Companies – It is Time to Activate Your Hurricane Preparedness Plan and Review Key Insurance Deadlines
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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

    Faulty Workmanship an Occurrence in Iowa – as Long as Other Property Damage is Involved

    November 30, 2016 —
    The Eighth Circuit recently weighed in on one of the more contentious issues in insurance coverage litigation: is faulty workmanship an occurrence? In Decker Plastics Inc. v. West Bend Mut. Ins. Co., the Eighth Circuit ruled that, under Iowa law, faulty workmanship is an occurrence – as long as it leads to other property damage. Read the court decision
    Read the full story...
    Reprinted courtesy of Austin D. Moody, Saxe Doernberger & Vita, P.C.
    Mr. Moody may be contacted at adm@sdvlaw.com

    Commercial Construction in the Golden State is Looking Pretty Golden

    August 26, 2015 —
    If the $2.1 trillion erased from the U.S. stock market over the last week has you white knuckled, you might consider commercial construction in the Golden State, where things are looking . . . well . . . pretty golden. According to the Summer/Fall 2015 Commercial Real Estate Survey jointly published by Allen Matkins and the UCLA Anderson School of Management, commercial construction in California has risen to its highest level since 2001. The survey, conducted of commercial real estate developers and financiers and their outlook for seven metropolitan regions in California including the East Bay, the Inland Empire, Los Angeles, Orange County, San Diego, San Francisco and Silicon Valley, found that all respondents expressed optimism (characterized as an optimism sentiment above 50) that office, multifamily, industrial and retail construction would grow over the next three-years although it varied depending on the region and sentiment was at times lower than when the survey was last taken last year. Read the court decision
    Read the full story...
    Reprinted courtesy of Garret Murai, Wendel Rosen Black & Dean LLP
    Mr. Murai may be contacted at gmurai@wendel.com

    Key Amendments to Insurance Claims-Handling Regulations in Puerto Rico

    September 23, 2019 —
    Policyholders in Puerto Rico should be aware of significant benefits provided by recent amendments to the Insurance Code. New rules establish an expedited method of property insurance dispute resolution, mandatory expedited partial payments in the event of catastrophic events, and protection against bad faith claims handling by insurers. Appraisal Process with a Puerto Rican Twist A key amendment is the establishment of an appraisal process, widely used for many years in the United States and now adopted in Puerto Rico. Commercial and personal property insurers in Puerto Rico shall include, in their policies, a clause for an appraisal process according to Article 11.150 of the Insurance Code of Puerto Rico, 26 L.P.R.A. § 101 et seq. (“the Code”). The appraisal process provides both policyholders and insurers the option to submit insurance claims to an impartial umpire if a dispute arises over the value of covered damages or losses. The umpire and appraisers do not have authority to resolve coverage or legal issues. They can only resolve disputes over the quantum claimed for losses already determined to be covered by the insurer. Id. Each party is required to pay its own appraiser’s fees and split equally the fees of the umpire. Id. Reprinted courtesy of Andres Avila, Saxe Doernberger & Vita, P.C. and Richard W. Brown, Saxe Doernberger & Vita, P.C. Mr. Avila may be contacted at ara@sdvlaw.com Mr. Brown may be contacted at rwb@sdvlaw.com Read the court decision
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    Reprinted courtesy of

    Earth Movement Exclusion Bars Coverage

    March 19, 2015 —
    Damage to the YMCA recreation center was not covered due to application of the earth movement exclusion. YMCA of Pueblo v. Secura Ins. Co., 2015 U.S. Dist. Lexis 15249 (D. Colo. Feb. 6, 2015). On October 11, 2013, the insureds discovered a leaking water line in the men's shower, where one of the shower's on/off valves had detached from the water pipe behind the wall. The leak was repaired the same day. On October 13, 2013, the pool deck near the therapy pool and surrounding block walls shifted and collapsed. The insurer admitted there was damage to the property. Several leaks were discovered in the pipes under and near the therapy pool, and the pool lost several inches of water. Read the court decision
    Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    Arbitrator May Use Own Discretion in Consolidating Construction Defect Cases

    September 01, 2011 —

    The Mississippi Court of Appeals has ruled in the case of Harry Baker Smith Architects II, PLLC v. Sea Breeze I, LLC. Sea Breeze contracted with Harry Baker Smith Architects II, PLLC (HBSA) to design a condominium complex, which would be built by Roy Anderson Corporation. All parties agreed to arbitration.

    Subsequently, Sea Breeze alleged defects and sought arbitration against the architectural firm and started a separate arbitration proceeding against the contractor. The special arbitrator appointed by the American Arbitrators Association determined that it would be proper to consolidate the two actions “since they arose from a common question of fact or law.” HBSA filed in chancery court seeking injunctive relief and a reversal of the decision. Sea Breeze and Roy Anderson filed a motion to compel the consolidated arbitration.

    The court noted that the special arbitrator “established that the contract between Sea Breeze and Roy Anderson expressly allowed for consolidation of the two cases.” Further, the arbitrator “concluded that HBSA expressly agreed to consolidation by written consent through its 2008 letter, through which it insisted upon Roy Anderson’s involvement ‘in any mediation and/or arbitration.’”

    The court concluded that the chancery court “did not have the power to fulfill HBSA’s request.” The court affirmed the chancery court’s judgment.

    Read the court’s decision…

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

    Uneven Code Enforcement Seen in Earthquake-Damaged Buildings in Turkey

    February 14, 2023 —
    The aftermath of the Feb. 6 earthquakes and aftershocks in central Turkey has begun to shift from immediate search-and-rescue efforts to a grim cataloguing of the extent of the destruction, with emergency response teams in Turkey and Syria beginning the work of evaluating the condition of thousands of buildings and infrastructure impacted by the temblors. Reprinted courtesy of Jeff Rubenstone, Engineering News-Record and Neelam Matthews, Engineering News-Record Mr. Rubenstone may be contacted at rubenstonej@enr.com Read the full story... Read the court decision
    Read the full story...
    Reprinted courtesy of

    A Proactive Approach to Construction Safety

    February 20, 2023 —
    The number of injuries and illnesses in the construction industry is trending downward, but companies need to continue making worker safety a priority – especially as they address the ongoing labor shortage. According to the most recent data from the U.S. Bureau of Labor Statistics, the incident rate of nonfatal injuries and illnesses in the construction industry was 2.5 per 100 full-time employees.1 The total number of cases of nonfatal injuries and illnesses in the industry was 174,100.2 These numbers are lower than the incident rates and total cases in 2019 and 2018.3, 4, 5, 6 Despite the declining trend of injuries, professionals at The Hartford believe construction firms need to keep worker safety at the forefront as they address the ongoing talent and labor shortage in construction. Companies are getting creative to find workers. From recruiting veterans to working closely with trade schools, construction firms are trying to find skilled laborers to meet project deadlines. Read the court decision
    Read the full story...
    Reprinted courtesy of The Hartford Staff, The Hartford Insights

    Coloradoans Deserve More Than Hyperbole and Rhetoric from Plaintiffs’ Attorneys; We Deserve Attainable Housing

    January 09, 2015 —
    As the 2015 Colorado legislative session gets underway, the media attention and discussion regarding the lack of attainable housing, skyrocketing rental rates, and the ongoing state and local efforts to reverse these trends have risen to a dull roar. The hyperbole and rhetoric from those who would oppose any reforms has risen to cacophonous levels. Among the most often quoted talking points from the opposition are that any changes to Colorado’s existing laws would strip homeowners of their right to seek redress for construction defects and that they would virtually insulate construction professionals from such claims. The long and the short of it is that if this year’s legislation looks anything like SB 220 from last year, nothing could be further from the truth. The two main provisions from SB 220 were: 1) protection of a construction professional’s ability to resolve construction defect claims through arbitration; and 2) requirement of informed consent of more than 50% of the owners within a common interest community before a construction defect action could begin. Neither of these changes would strip homeowners of any rights and they certainly would not insulate construction professionals from construction defect actions. 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