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    Home Builders & Remo Assn of Fairfield Co
    Local # 0780
    433 Meadow St
    Fairfield, CT 06824

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

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    Local # 0720
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    Rocky Hill, CT 06067

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    Local # 0755
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    Rocky Hill, CT 06067

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    Local # 0710
    110 Brook St
    Torrington, CT 06790

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    Bloomfield, CT 06002

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    Building Expert News and Information
    For Fairfield Connecticut


    At Long Last, the Colorado Legislature Gets Serious About Construction Defect Reform – In a Constructive Way

    Quick Note: Staying, Not Dismissing, Arbitrable Disputes Under Federal Arbitration Act

    Alaska Supreme Court Dismisses Claims of Uncooperative Pro Se Litigant in Defect Case

    Home-Sales Fall in 2014 Has U.S. Waiting for 2015: Economy

    Colorado Supreme Court Rules that Developers Retain Perpetual Control over Construction Defect Covenants

    Pennsylvania Considers Changes to Construction Code Review

    Oregon Codifies Tall Wood Buildings

    New York City Council’s Carbon Emissions Regulation Opposed by Real Estate Board

    Allegations Versus “True Facts”: Which Govern the Duty to Defend? Bonus! A Georgia Court Clears Up What the Meaning of “Is” Is

    Suit Limitation Provision Upheld

    Contractor Sues Construction Defect Claimants for Defamation

    Federal Government May Go to Different Green Building Standard

    BWB&O Partner Tyler Offenhauser and Associate Lizbeth Lopez Won Their Motion for Summary Judgment Based on the Privette Doctrine

    No Coverage Under Anti-Concurrent Causation Clause

    Alaska Supreme Court Finds Insurer Owes No Independent Duty to Injured Party

    Congratulations to BWB&O’s 2023 Super Lawyers Rising Stars!

    Construction Contract Clauses Which Go Bump in the Night – Part 1

    Notice and Claims Provisions In Contracts Matter…A Lot

    Housing Advocacy Group Moved to Dissolve New Jersey's Council on Affordable Housing

    New Member Added to Seattle Law Firm Williams Kastner

    Contractors Must Register with the L&I Prior to Offering or Performing Work, or Risk Having their Breach of Contract Case Dismissed

    Precast Standards' Work Under Way as Brittle Fracture Warnings Aired

    Short on Labor, Israeli Builders Seek to Vaccinate Palestinians

    White House Seeks $310M To Fix Critical San Diego Wastewater Plant

    Federal Court Opinion Has Huge Impact on the Construction Industry

    Changes and Extra Work – Is There a Limit?

    Fifth Circuit Concludes Government’s CAA Legal Claims are Time-Barred But Injunctive-Relief Claims are Not

    President Trump Nullifies “Volks Rule” Regarding Occupational Safety and Health Administration (OSHA) Recordkeeping Requirements

    Construction Termination Issues Part 5: What if You are the One that Wants to Quit?

    Denver Council Committee Approves Construction Defects Ordinance

    Home Improvement in U.S. Slowing or Still Intact -- Which Is It?

    Protect Projects From Higher Repair Costs and Property Damage

    Wisconsin Court Enforces Breach of Contract Exclusion in E&O Policy

    Some Work Cannot be Included in a Miller Act Claim

    MSJ Granted Equates to a Huge Victory for BWB&O & City of Murrieta Fire Department!

    Additional Insurance Coverage Determined for General Contractor

    Signed, Sealed and (Almost) Delivered: EU Council Authorizes Signing of U.S. – EU Bilateral Insurance Agreement

    Appellate Division Confirms Summary Judgment in Favor of Property Owners in Action Alleging Labor Law Violations

    Florida Court Gives Parties Assigned a Subrogation Claim a Math Lesson

    Loss Ensuing from Faulty Workmanship Covered

    Insurance Tips for Contractors

    New York Court Rules on Architect's Duty Under Contract and Tort Principles

    London Shard Developer Wins Approval for Tower Nearby

    Cogently Written Opinion Finds Coverage for Loss Caused By Defective Concrete

    Terms of Your Teaming Agreement Matter

    Homebuilding Still on the Rise

    Real Estate Trends: Looking Ahead to 2021

    Pennsylvania Supreme Court: Fair Share Act Does Not Preempt Common Law When Apportioning Liability

    Administration Seeks To Build New FBI HQ on Current D.C. Site

    Extreme Flooding Overwhelms New York Roadways, Killing 1 Person
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    FAIRFIELD CONNECTICUT BUILDING EXPERT
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    Building Expert News & Info
    Fairfield, Connecticut

    Vietnam Expands Arrests in Coffee Region Property Probe

    February 19, 2024 —
    Vietnam authorities detained the Communist Party chief of coffee-producing province Lam Dong as they expand an investigation into alleged bribery tied to a tourist and residential project, the public security ministry said in a website statement. Party chief Tran Duc Quan was arrested for allegedly abusing his power and position, according to the statement. Quan allegedly violated the law while giving instructions to the Dai Ninh property project in the province, causing severe consequences, it said. A Lam Dong Provincial Party Committee representative declined to provide a comment about the arrest. A representative for Quan was not available. Read the court decision
    Read the full story...
    Reprinted courtesy of Mai Ngoc Chau, Bloomberg

    Strategic Communication Considerations for Contractors Regarding COVID-19

    April 06, 2020 —
    The COVID-19 is a worldwide wildcard. Around the globe, organizations are forced to communicate with a wide variety of audiences. Audiences range from employees to customers and vendors—and more. A pandemic of this nature is new for the modern globalized workforce. Societies realize the breadth of international influence involved in a single supply chain now more than ever before. Domestically based organizations realize their place in the larger global system—and the construction industry is a perfect example. Here are key questions for leaders to ponder. 1. Who are your audience groups? In a wildcard situation, organizations are often tasked with communicating to many different audience groups and stakeholders. So, take some time to think beyond the groups that come top-of-mind such as customers, vendors, partners and owners.
    • Does the organization have any community-based events on the calendar?
    • Does the organization have professional development sessions on the calendar?
    • Does the organization have planned maintenance or facilities work scheduled with third parties?
    • Does the organization have interns or apprenticeship programs with local colleges?
    Reprinted courtesy of Sarah Skidmore, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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    Reprinted courtesy of
    Ms. Skidmore may be contacted at sarah@skidmore-consulting.com

    You Have Choices (Litigation Versus Mediation)

    December 14, 2020 —
    As I sit here thinking about an impending trial in the Goochland County General District Court, it hit me that I also serve as a mediator in that court from time to time. Coincidentally, I will be “wearing both hats” (litigator and mediator) this week on back to back days. It will be interesting to have to switch roles so quickly on back to back days. While I don’t have the results of this thought experiment as I sit here typing this post, the timeline does bring into focus the two possible avenues to resolve a dispute. Neither is perfect and either works in the proper situation. Both lend a final “result” and closure to the dispute, they just each do so in a different manner and with a different role for me, the construction attorney/construction mediator. 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

    Federal Lawsuit Accuses MOX Contractors of Fraud

    March 04, 2019 —
    A subcontractor employee working on the now-canceled MOX project in South Carolina used football tickets, automobile tires, barbecue grills and other gifts to persuade employees of CB&I AREVA MOX Services and other vendors to help approve thousands of fraudulent invoices cumulatively valued at more than $6.4 million, according to a Dept. of Justice lawsuit filed Feb. 14 that names both companies as defendants. The controversial project at the Savannah River Site in Aiken, S.C., originally scheduled for completion in 2016, was canceled in January after cost and schedule estimates increased significantly. Read the court decision
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    Reprinted courtesy of Scott Judy, ENR
    Mr. Judy may be contacted at judys@enr.com

    Montana Supreme Court: Insurer Not Bound by Insured's Settlement

    December 02, 2019 —
    In Draggin’ Y Cattle Co., Inc. v. Junkermier, et al.1 the Montana Supreme Court held that where an insurer defends its insured and the insured subsequently settles the claims without an insurer’s participation, a court may approve the settlement as between the underlying plaintiff and underlying defendant, but the settlement will not be presumed reasonable as to the insurer. Therefore, an insurer who defends its insured cannot be bound by a stipulated settlement that the insurer did not expressly consent to. The case involved Draggin’ Y Cattle Company (the “Cattle Company”), a ranching and cattle business that utilized the services of an accounting firm, Junkermier, Clark, Campanella, Stevens, P.C. (“Junkermier”), to structure the sale of real property to take advantage of favorable tax treatment. It was discovered that Junkermier’s employee misinformed the Cattle Company’s owners of the tax consequences of the sale. The Cattle Company’s owners subsequently filed suit against Junkermier and its employee and alleged nearly $12,000,000 in damages due to the error. Junkermier’s insurer, New York Marine, provided a defense for Junkermier and its employee. The Cattle Company’s owners offered to settle the claims against Junkermier and its employee for $2,000,000, the policy limit of the New York Marine policy. New York Marine refused to give its consent or tender the policy’s limit. Subsequently, Junkermier, its employee, and the Cattle Company entered into their own settlement agreement for $10,000,000. The settlement was contingent upon a reasonableness hearing to approve the stipulated agreement. Read the court decision
    Read the full story...
    Reprinted courtesy of K. Alexandra Byrd, Saxe Doernberger & Vita, P.C.
    Ms. Byrd may be contacted by kab@sdvlaw.com

    Window Manufacturer Weathers Recession by Diversifying

    October 28, 2011 —

    American Openings, a Tuscon-based window manufacturer, has responded to the loss of its sales of windows for new home construction by moving into new markets. The Arizona Daily Star reports that American Openings used to see providing windows for new homes as half their business. Now, Tom Regina, the founder and president says “single family is just dead.”

    Their products are insulated windows, designed to comply with Energy Star standards. Without new homes being built, now the company is focusing on homeowners and building owners looking for more energy efficient windows. As the windows have two or three panes and special coatings, homeowners using them are eligible for tax credits.

    One of their newer products combines their energy-saving coatings with “break resistant” glass. The article notes that the windows repel “all but the most determined burglars.” However, the company is still awaiting special equipment to cut the glass.

    Read the full story...

    Read the court decision
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    Reprinted courtesy of

    Ensuring Arbitration in Construction Defect Claims

    February 04, 2013 —
    Jared E. Berg and John W. Mill of Sherman & Howard note that developers and general contractors would prefer that construction defect claims against them go to arbitration, instead of ending up in front of a jury. They say “there is a way to do this.” For the developer and general contractor, arbitration is “typically less costly and time consuming than litigation.” On the other side, home owner associations “tend to prefer litigation because the up-front costs of arbitration are greater and they would rather have their cases tried to a jury than a panel of arbitrators in the belief juries offer greater potential for high damage awards. In order to avoid arbitration, “HOAs have taken advantage of their statutory rights to amend declarations by instructing their members to approve amendments removing arbitration clauses. However, in a recent Colorado case, the developer had taken a precaution of including in the arbitration clauses that “they could not be removed from the declarations by amendment with the developer’s and general contractor’s consent.” The homeowners association had voted to remove these clauses, but the judge found that they could not do so. Berg and Mill give the advice to “include in the declaration’s arbitration clause a provision making your consent required to amend or nullify the arbitration provision,” adding that “courts will enforce this kind of consent provision.” Read the court decision
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    Reprinted courtesy of

    The Importance of Engaging Design Professional Experts Early, with a Focus on Massachusetts Law

    June 27, 2022 —
    In any Massachusetts case alleging negligence against a design professional, an expert witness on the topic of liability is a critical, early consideration. Given the expense of expert witnesses, counsel representing design professionals are wise to evaluate (1) the need for an expert, (2) the timing of the engagement of an expert, and (3) the scope of the expert’s services. To begin, not every allegation of negligence against a design professional necessitates an expert opinion. “The test for determining whether a particular a particular matter is a proper one for expert testimony is whether the testimony will assist the jury in understanding issues of fact beyond their common experience.” Herbert A. Sullivan, Inc. v. Utica Mutual Insurance Co., 439 Mass. 387, 402 (2003) (addressing duties of an insurer). For instance, in its ruling in Parent v. Stone & Webster Engineering Corp., the Massachusetts Supreme Court noted no expert would be necessary to prove professional negligence where an electrician was injured by a mislabeled distribution box carrying 2,300 volts. 408 Mass. 108 (1990). It is reasonable to expect lay jurors to comprehend the duty of an electrician to properly label a distribution box carrying potentially fatal quantities of voltage. To the extent liability is readily recognizable to the average juror (i.e. “within the ken of the average juror”), significant cost savings are achievable by forgoing the use of an expert witness. That, however, is the exception. Read the court decision
    Read the full story...
    Reprinted courtesy of Jay S. Gregory, Gordon Rees Scully Mansukhani
    Mr. Gregory may be contacted at jgregory@grsm.com