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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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    Local # 0700
    3 Regency Dr Ste 204
    Bloomfield, CT 06002

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    Building Expert News and Information
    For Fairfield Connecticut


    Appellate Court Endorses Discretionary Test for Vicarious Disqualification of Law Firms Due To New Attorney’s Conflict

    Property Owner Found Liable for Injuries to Worker of Unlicensed Contractor, Again

    Common Flood Insurance Myths and how Agents can Debunk Them

    Construction Litigation Roundup: “Tender Is the Fight”

    Time is Money. Unless You’re an Insurance Company

    Construction Defect Coverage Barred Under Business Risk Exclusion in Colorado

    Best Lawyers Recognizes Fifteen White and Williams Lawyers

    When Do You Call Your Lawyer?

    Clean Water Act Cases: Of Irrigation and Navigability

    Jersey Shore Town Trying Not to Lose the Man vs. Nature Fight on its Eroded Beaches

    Las Vegas HOA Conspiracy & Fraud Case Delayed Again

    Bel Air Mansion Construction Draws Community Backlash

    Aecmaster’s Digital Twin: A New Era for Building Design

    Mitsubishi Estate to Rebuild Apartments After Defects Found

    In UK, 16th Century Abbey Modernizes Heating System by Going Back to Roman Times

    BHA Has a Nice Swing

    A General Contractors Guide to Bond Thresholds by State

    Unesco Denies Claim It Cleared Construction of Zambezi Dam

    Building Down in November, Even While Home Sales Rise

    Modification: Exceptions to Privette Doctrine Do Not Apply Where There is No Evidence a General Contractor Affirmatively Contributed to the Injuries of an Independent Contractor’s Employee

    Sick Leave, Paid Time Off, and the Families First Coronavirus Response Act

    Federal Interpleader Dealing with Competing Claims over Undisputed Payable to Subcontractor

    Another Reminder to ALWAYS Show up for Court

    More Musings From the Mediation Trenches

    Developer's Novel Virus-killing Air Filter Ups Standard for Indoor Air Quality

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    Benford’s Law: A Seldom Used Weapon in Forensic Accounting

    Construction Litigation Roundup: “The New Empty Chair.”

    Has Hydrogen's Time Finally Come?

    Overview of New Mexico Construction Law

    Fourth Circuit Finds Insurer Reservation of Rights Letters Inadequate to Preserve Coverage Defenses Under South Carolina Law

    Wichita Condo Association Files Construction Defect Lawsuit

    The Job is Substantially Complete, the Subcontract was Never Signed, the Subcontractor Wants to be Paid—Now What?

    Court of Appeals Discusses Implied Duty of Good Faith and Fair Dealing in Public Works Contracting

    Denver Council Committee Approves Construction Defects Ordinance

    Checking the Status of your Contractor License During Contract Work is a Necessity: The Expanded “Substantial Compliance” under B&P 7031 is Here

    S&P Near $1 Billion Mortgage Ratings Settlement With U.S.

    Philadelphia Proposed Best Value Procurement Bill

    Fix for Settling Millennium Tower May Start This Fall

    Construction Termination Issues Part 6: This is the End (Tips for The Design Professional)

    Federal Judge Rips Shady Procurement Practices at DRPA

    Duty to Defend Affirmed in Connecticut Construction Defect Case

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    Depreciation of Labor in Calculating Actual Cash Value Against Public Policy

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    Colorado Federal Court Confirms Consequetial Property Damage, But Finds No Coverage for Subcontractor

    Client Alert: Stipulated Judgment For Full Amount Of Underlying Claim As Security For Compromise Settlement Void As Unenforceable Penalty

    Undercover Sting Nabs Eleven Illegal Contractors in California

    Construction Litigation—Battles on Many Fronts
    Corporate Profile

    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. Drawing 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

    Public Housing Takes Priority in Biden Spending Bill

    November 15, 2021 —
    The White House narrowed its housing agenda with the latest compromise version of President Joe Biden’s social spending bill, lowering funding levels by half while also shifting the bill’s priorities. Representative Maxine Waters and her allies had pushed for $327 billion for rental assistance, affordable housing and other progressive priorities in the reconciliation bill. The most recent White House framework for the Build Back Better Act shows that this figure has been cut in half: The new target is $150 billion, with funding for many of the same programs intact. As a result, the balance of the housing investment has shifted from rental aid to public housing, according to the text of the bill. Funds to repair, replace or build public housing amount to $65 billion, down from a proposed $80 billion yet close to half the total housing package. The White House describes the housing bill as “the single largest and most comprehensive investment in affordable housing in history.” A fact sheet states that it will build or preserve more than 1 million affordable apartments and homes. Biden’s bill also includes a soft repeal of the Faircloth Amendment, a provision that has banned any net new federal public housing units since 1999. Yet the latest version of the bill will not go as far to fulfill Biden’s promise to expand housing vouchers as a federal entitlement program. Read the court decision
    Read the full story...
    Reprinted courtesy of Kriston Capps, Bloomberg

    Insurer’s Duty to Defend: When is it Triggered? When is it Not?

    February 18, 2015 —
    In Colorado it is well recognized that an insurer has a broad duty to defend its policyholder against pending claims. An insurer’s duty to defend is triggered when the underlying complaint against the insured alleges any set of facts that might fall within the coverage policy. Greystone Construction, Inc. v. National Fire & Marine Insurance, Co., 661 F.3d 1272, 1284 (10th Cir. 2011). Even if the insurer’s duty to defend is not clear from the pleadings filed against the insured, the insurer’s duty to defend is triggered if the claim is potentially or arguably within the policy coverage. Id. If there is any doubt as to whether a theory of recovery falls within the policy coverage, such doubt is decided in favor of the insured and the insurer’s duty to defend is triggered. Id. In order to avoid this duty to defend, an insurer must show that an exemption to the policy applies and that no other basis exists for coverage under the policy. In Cornella Brothers, Inc. v. Liberty Mutual Fire Insurance Company, 2014 WL 321335 (D. Colo. Jan. 29, 2015), the Court was to determine whether Liberty Mutual Fire Insurance Company (“Liberty Mutual”) had a duty to defend a lawsuit filed against its insured, Cornella Brothers, Inc. (“Cornella”). The underlying lawsuit alleged construction defects at a recharging facility. Upon being named a party to the underlying litigation, Cornella provided notice to Liberty Mutual and demanded that Liberty Mutual defend Cornella. Read the court decision
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    Reprinted courtesy of Zach McLeroy, Higgins, Hopkins, McLain & Roswell, LLC
    Mr. McLeroy may be contacted at mcleroy@hhmrlaw.com

    California Supreme Court Finds Negligent Supervision Claim Alleges An Occurrence

    July 21, 2018 —
    Answering a question posed by the Ninth Circuit, the California Supreme Court found that a suit against a employer for negligent hiring, retention and supervision of a employee who intentionally injures a third party alleges an occurrence under a CGL policy. Liberty Surplus Co. Corp. v. Ledesma & Meyer Construction Co., 2018 Cal. LEXIS 4063 (Cal. June 4, 2018) Ledesma & Meyer Construction Company (L&M) contracted with the school district to manage a construction project at a middle school. L&M hired Darold Hecht as an assistant superintendent on the project. In 2010, Jane Doe, a 13-year-old student at the school, sued alleging that Hecht had sexually abused her. Doe’s claims included a cause of action against L&M for negligent hiring, retaining, and supervising Hecht. Read the court decision
    Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

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

    April 10, 2019 —
    The duty to defend an insured with respect to a third-party claim is broader than the duty to indemnify the insured for that claim. The duty to defend is triggered by allegations in the underlying complaint. However, an insurer is only required to indemnify its insured for damages covered under the policy. A recent case example demonstrating the duty to defend is broader than the duty to indemnify can be found in Southern Owners Ins. Co. v. Gallo Building Services, Inc., 2018 WL 6619987 (M.D.Fla. 2019). In this case, a homebuilder built a 270-unit condominium project where the units were included in 51-buildings. Upon turnover of the condominium association to the unit owners, the condominium association served a Florida Statutes Chapter 558 Notice of Construction Defects letter. There was numerous nonconforming work spread out among various subcontractor trades including nonconforming stucco work. The homebuilder incurred significant costs to repair defective work and resulting property damage, and relocated unit owners during repairs. The homebuilder then filed a lawsuit against implicated subcontractors. One of the implicated subcontractors was the stucco subcontractor. Read the court decision
    Read the full story...
    Reprinted courtesy of David Adelstein, Kirwin Norris
    Mr. Adelstein may be contacted at dma@kirwinnorris.com

    Colorado Hotel Neighbors Sue over Construction Plans

    October 02, 2015 —
    Neighbors of the Sky Hotel in Aspen, Colorado, filed suit against the owners “alleging that the construction project will impede access to their units and steal their airspace,” reported the Aspen Daily News Online. The problem, the plaintiff suit alleges, is that the Sky’s plan would close the “east-west alley,” which is also used by the condo complex: “Owners, renters and guests mainly use the alley, which is configured for one-way traffic entering on Durant Avenue and exiting at Original Street, to access their condos in the Chaumont, says the 12-page complaint filed by local attorney Jody Edwards.” The plaintiffs are demanding that the plan be voided or at least require the issues in the suit to be addressed. They are also seeking attorney and other costs. Read the court decision
    Read the full story...
    Reprinted courtesy of

    Developers Celebrate Arizona’s Opportunity Zones

    May 24, 2018 —
    President Trump’s Tax Cuts and Jobs Act passed by Congress in December included a new community development program designed to promote investment in low income urban and rural communities. These “Opportunity Zones” provide that every Governor may nominate up to 25% of qualifying low-income Census tracts for consideration in the program which provides substantial reductions on capital gains taxes with the greatest benefits to those holding their investments for a period of at least 10 years. States were required by March 21st to submit nominations or request a 30 day extension to subsequently submit. The Treasury Department in turn has 30 days from the date of submission to designate the nominated zones. On April 9, 2018, the Treasury Department and the IRS formally dedicated opportunity zones in 18 states including Arizona. The Department will make future designations as submissions by the states that have requested an extension are received and certified. Read the court decision
    Read the full story...
    Reprinted courtesy of Patrick J. Paul, Snell & Wilmer
    Mr. Paul may be contacted at ppaul@swlaw.com

    Chesapeake Bay Water Quality Is Still in Trouble, Two Major Reviews Say

    November 07, 2022 —
    Two separate assessments of the health of the Chesapeake Bay indicate that most jurisdictions within its watershed are not on track to meet target goals to cut nitrogen and phosphorus discharge levels by 2025. But new plans and programs put in place in 2022 could improve the restoration trajectory, according to the U.S. Environmental Protection Agency. Reprinted courtesy of Pam McFarland, Engineering News-Record Ms. McFarland may be contacted at mcfarlandp@enr.com Read the full story... Read the court decision
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    Reprinted courtesy of

    Cincinnati Goes Green

    May 10, 2013 —
    Columbus Dispatch reports that under a program in Cincinnati, homeowners can receive tax breaks that eliminate their property taxes for up to fifteen years. As a result, while about 100 single-family homes in Cincinnati are LEED-certified, Columbus can claim only one. The rest of the state also lags behind, with only eighteen percent of LEED-certified homes outside Cincinnati. Jim Weiker reports that energy efficiency is at the top of homebuyers’ wants, even beating out granite countertops. But although green certification seems to support a four percent increase in price, builders aren’t rushing to follow LEED standards. Read the court decision
    Read the full story...
    Reprinted courtesy of