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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

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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

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    Building Expert News and Information
    For Fairfield Connecticut


    Haight Welcomes Robert S. Rucci

    Oregon Courthouse Reopening after Four Years Repairing Defects

    Newmeyer & Dillion Announces Three New Partners

    Professional Liability Alert: California Appellate Courts In Conflict Regarding Statute of Limitations for Malicious Prosecution Suits Against Attorneys

    Do We Need Blockchain in Construction?

    Second Circuit Court Differentiates the Standard for Determining Evident Partiality for a Neutral Arbitrator and a Party-Appointed Arbitrator

    California Pipeline Disaster Brings More Scandal for PG&E

    Hawaii Federal District Court Grants Preliminary Approval of Settlement on Volcano Damage

    Expansion of Statutes of Limitations and Repose in K-12 and Municipal Construction Contracts

    Brazil's Detained Industry Captain Says No Plea Deals Coming

    Leveraging the 50-State Initiative, Connecticut and Maine Team Secure Full Dismissal of Coverage Claim for Catastrophic Property Loss

    Should a Subcontractor provide bonds to a GC who is not himself bonded? (Bonding Agent Perspective)

    Contract’s Definition of “Substantial Completion” Does Not Apply to Third Party for Purposes of SOL, Holds Court of Appeal

    Wall Street’s Palm Beach Foray Fuels Developer Office Rush

    Less Than Perfectly Drafted Endorsement Bars Flood Coverage

    Crime Policy Insurance Quotes Falsely Represented the Scope of its Coverage

    Chapman Glucksman Press Release

    No Prejudicial Error in Refusing to Give Jury Instruction on Predominant Cause

    New York Court Holds Insurer Can Rely on Exclusions After Incorrectly Denying Defense

    After the Fire, Should Some Parts of Los Angeles Never Rebuild?

    Housing Starts Plunge by the Most in Four Years

    Economist Predicts Housing Starts to Rise in 2014

    Modernist Houses Galore! [visual candy for architects]

    The Sounds of Silence: Pennsylvania’s Sutton Rule

    The Overlooked Nevada Rule In an Arena Project Lawsuit

    Buyer Beware: Insurance Agents May Have No Duty to Sell Construction Contractors an Insurance Policy Covering Likely Claims

    Specific Performance of an Option Contract to Purchase Real Property is Barred Absent Agreement on All Material Terms

    Construction Defect Reform Dies in Nevada Senate

    Business Risk Exclusions Bar Faulty Workmanship Claim

    More thoughts on Virginia Mechanic’s Liens

    Harmon Tower Opponents to Try Mediation

    California Court of Appeal Holds a Tenant Owes No Duty to Protect a Social Guest From a Defective Sidewalk Leading to a Condominium Unit

    Seattle’s Tallest Tower Said Readying to Go On the Market

    Insurers' Motion to Void Coverage for Failure to Attend EUO Denied

    In Contracts, One Word Makes All the Difference

    Home Construction Thriving in Lubbock

    AAA Revises its Construction Industry Arbitration Rules and Mediation Procedures

    Legislation Update: S-865 Public-Private Partnerships in New Jersey Passed by Both Houses-Awaiting Governor’s Signature

    AAA Revises Construction Industry Arbitration Rules and Mediation Procedures

    U.S. Architecture Firms’ Billing Index Faster in Dec.

    Hundreds of Coronavirus Coverage Cases Await Determination on Consolidation

    California Court of Appeal: Inserting The Phrase “Ongoing Operations” In An Additional Endorsement Is Not Enough to Preclude Coverage for Completed Operations

    Homebuilders Opposed to Potential Change to Interest on Construction Defect Expenses

    US Appeals Court Slams FERC on Long-Muddled State Environmental Permits

    No Repeal Process for Rejected Superstorm Sandy Grant Applications

    A Lack of Sophistication With the Construction Contract Can Play Out In an Ugly Dispute

    Nevada Insureds Can Rely on Extrinsic Facts to Show that An Insurer Owes a Duty to Defend

    Balfour in Talks With Carillion About $5 Billion Merger

    Couple Gets $79,000 on $10 Million Construction Defect Claim

    Best Lawyers Honors Hundreds of Lewis Brisbois Attorneys, Names Four Partners ‘Lawyers of the Year’
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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

    DC Metro Extension’s Precast Supplier Banned from Federal Contracts

    November 16, 2020 —
    Stowe, Pa.-based Universal Concrete Products, which supplied hundreds of defective precast panels for the $2.7 billion Silver Line light rail extension in northern Virginia, has received a three-year ban on participating in federally financed transportation projects. Imposed by the Federal Transit Administration, the ban makes Universal ineligible for contracts, grants, loans or other financial assistance from agency of the federal government until the end of 2023. Reprinted courtesy of Jim Parsons, 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

    Outcry Over Peru’s Vast Graft Probe Prompts Top Lawyer to Quit

    January 15, 2019 —
    Peru’s Attorney General Pedro Chavarry quit his post amid allegations he sought to sabotage a plea deal with a major construction company and derail the country’s biggest corruption probe. The board of supreme prosecutors accepted his resignation Tuesday and appointed Zoraida Avalos as his replacement, according to a post on the account of the attorney general’s office. Chavarry will continue to sit on the five-member board. Read the court decision
    Read the full story...
    Reprinted courtesy of John Quigley, Bloomberg

    Real Estate & Construction News Round-Up 04/20/22

    May 02, 2022 —
    Construction defects emerge in pandemic-era buildings, investor confidence is improving in China’s real estate market, the proptech field continues to show significant signs of growth, and more.
    • Investor confidence in China’s real estate market is improving, with bond trading volumes and prices rising over the last few weeks, but the market is not projected to resume its high growth rate of the past. (Weizhen Tan & Evelyn Cheng, CNBC)
    • The economic shock caused by soaring mortgage rates over the past few weeks has dramatically increased mortgage payments for new homebuyers. (Lance Lambert, Fortune)
    • With the metaverse economy projected to be worth between $8 and $13 trillion by 2030, blockchain technology serves as a key driver for virtual real estate sales, allowing for “true” ownership of a property. (Robert Koonin, Dan Jasnow, & Kinnon McDonald, TFL)
    Read the court decision
    Read the full story...
    Reprinted courtesy of Pillsbury's Construction & Real Estate Law Team

    Skyline Bling: A $430 Million Hairpin Tower and Other Naked Bids for Tourism

    January 21, 2015 —
    American cities are starting an architectural arms race to the sky with super-sized Ferris wheels, a 100-story observation tower and maybe even a mammoth golf ball atop a 300-foot tee planted in the Arizona desert. From Phoenix to Camden, New Jersey, city officials and developers are seeking to punctuate their skylines with exclamation points, vying for the world’s attention with the next Eiffel Tower or London Eye. Read the court decision
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    Reprinted courtesy of Toluse Olorunnipa, Bloomberg
    Mr. Olorunnipa may be contacted at tolorunnipa@bloomberg.net

    OSHA Finalizes Rule on Crane Operator Qualification and Certification

    April 10, 2019 —
    The Occupational Safety and Health Administration has finalized its long-awaited approach to crane operator qualification and certification. The rule, which has followed a tortuous road to completion, ends the agency’s multi-year effort to conclude its update of safety requirements related to crane and derrick use in construction. The rule establishes a three-pronged approach to ensuring that crane operators can safely operate cranes:
    1. operator training for employees not yet certified to operate cranes;
    2. operator certification via four different permissible options; and
    3. employer evaluation of certified operators.
    Construction employers with employees who operate cranes should assess their training, certification and evaluation programs now to ensure they are fully compliant with the new rule. Reprinted courtesy of Bradford T. Hammock, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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    Reprinted courtesy of

    Court Rejects Anti-SLAPP Motion in Construction Defect Suit

    September 01, 2011 —

    The California Court of Appeals has upheld the denial of an anti-SLAPP motion in Claredon American Insurance Company v. Bishop, Barry, Howe, Haney & Ryder. This case was triggered by a water intrusion problem at a condominium complex, the Terraces at Emerystation, built and sold by Wareham Development Corporation. The insurer, Claredon, retained Risk Enterprise Management as the third party claims administrator. REM retained the law firm Bishop, Barry, Howe, Haney & Ryder. The construction defect case was settled in 2007 and the condo owners moved back by early 2008.

    Due to issues with the claims settlement, Claredon filed against REM for “professional negligence, indemnity, apportionment and contribution,” with a cross-complaint that the cross-defendants negligently defended the developer, Wareham.

    In response, the cross-defendants filed a motion to strike the cross-complaint under the anti-SLAPP statute. The trial court denied this motion and now this has been upheld by the appeals court.

    The court noted that “The fundamental thrust of the cross-complaint is not protected litigation-related speech and petitioning activity undertaken on another’s behalf in a judicial proceeding.”

    Read the court’s decision…

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

    When is Forum Selection in a Construction Contract Enforceable?

    September 29, 2021 —
    If there is one mantra that is repeated often here at Construction Law Musings, it is that your construction contract will be strictly construed and Virginia Courts will enforce the provisions as written. This rule includes forum selection clauses. For those that aren’t attorneys, this means that absent a statute to the contrary, the parties can pick the location of any litigation or arbitration by contract. However, the timing of signing that contract makes a difference as a relatively recent Eastern District of Virginia case points out. Marathon Res. Mgmt Grp v. C. Cornell, Inc. examined what happens when work is performed by one party to the contract prior to the execution of the written contract that contains the forum selection provision. In this case, the defendant C. Cornell, Inc. obtained a default judgment in Texas for non-payment by Marathon for painting and cleaning of rooms at Texas A & M University for work invoiced on August 22, 2017, and September 11, 2017. Upon receipt of the garnishment from the Texas Court, Marathon sued C. Cornell in Virginia state court and the defendant removed the case to federal court. Marathon alleged two separate breaches of contract, the first was that C. Cornell violated the forum selection clause of a Master Services Agreement (“MSA”) executed on September 23, 2017. The second was a violation of another clause of the MSA that barred direct communication with any of Marathon’s customers. The second breach was alleged to be by virtue of the garnishment summons to one of Marathon’s customers. 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

    What is a Personal Injury?

    September 03, 2019 —
    Essentially, a personal injury is when an individual is hurt during an accident. Whether driving on the road, walking down the street, or sitting in a chair, accidents happen. When there is an accident, medical treatment may be necessary. Individuals who sustain injuries usually seek compensation for their medical treatment and pain and suffering in the form of a personal injury lawsuit. Personal injury lawsuits can result from a variety of claims including negligence, strict liability, or intentional torts. Yet, for the most part, personal injury lawsuits tend to arise from a claim of negligence. The individual or entity injured in the accident, “Plaintiff”, files a lawsuit against the individual or entity, “Defendant” who allegedly caused harm. Personal injury lawsuits resulting from claims of negligence tend to have two main components: liability and damages. Yet, in order to prevail in a suit for negligence, a Plaintiff must demonstrate the following: (1) a legal duty to use due care, (2) a breach of that duty, (3) a reasonably close, causal connection between that breach and Plaintiff’s resulting injury, and (4) actual loss or damage to Plaintiff. Wylie v. Gresch (1987) 191 Cal.App.3d 412. First, a finding of negligence rests upon a determination that the actor has failed to perform a duty of care owed to the injured party. Ronald S. v. County of San Diego (1993) 16 Cal.App.4th 887. This means that an individual or entity must act reasonably to avoid injuring others. When an injury occurs, a Plaintiff will generally argue that an individual or entity breached a duty owed to them. Read the court decision
    Read the full story...
    Reprinted courtesy of Bremer Whyte Brown & O'Meara LLP