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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


    Happenings in and around the 2015 West Coast Casualty Seminar

    Bridge Disaster - Italy’s Moment of Truth

    FEMA Offers to Review Hurricane Sandy Claims

    Federal Magistrate Judge Recommends Rescission of Policies

    Florida Enacts Property Insurance Overhaul for Benefit of Policyholders

    Did the Building Boom Lead to a Boom in Construction Defects?

    Statutory Bad Faith and an Insured’s 60 Day Notice to Cure

    White and Williams Announces Partner and Counsel Promotions

    Construction Contracts Need Amending Post COVID-19 Shutdowns

    Carwash Prosecutors Seek $1.6 Billion From Brazil Builders

    PFAS: From Happy Mistake to Ubiquity to Toxic Liability (But is there coverage?)

    Build Me A Building As Fast As You Can

    NJ Transit’s Superstorm Sandy Coverage Victory Highlights Complexities of Underwriting Property Insurance Towers

    New York Court Narrowly Interprets “Expected or Intended Injury” Exclusion in Win for Policyholder

    Contractor May Be Barred Until Construction Lawsuit Settled

    California Homeowners Can Release Future, Unknown Claims Against Builders

    Judgment Proof: Reducing Litigation Exposure with Litigation Risk Insurance

    Federal Contractors Should Request Debriefings As A Matter Of Course

    Used French Fry Oil Fuels London Offices as Buildings Go Green

    As California Faces Mandatory Water Use Reductions How Will the Construction Industry be Impacted?

    Another Municipality Takes Action to Address the Lack of Condominiums Being Built in its Jurisdiction

    DOI Aims to Modernize its “Inefficient and Inflexible” Type A Natural Resource Damages Assessment Regulations

    Real Estate & Construction News Round-Up (01/11/23) – Construction Tech, Housing Market Confidence, and Decarbonization

    Biden's Next 100 Days: Major Impacts Expected for the Construction Industry

    Washington Court Limits Lien Rights of Construction Managers

    There's No Such Thing as a Free House

    ACEC Statement on Negotiated Bipartisan Debt Limit Compromise

    Massachusetts Lawyers Weekly Honors Construction Attorney

    Top 10 Hurricane Preparedness Practices for Construction Sites

    Be Careful in Contracting and Business

    Supply Chain Delay Recommendations

    Subcontractor Not Estopped from Enforcing Lien Not Listed In Bankruptcy Petition

    California Supreme Court Rejects Third Exception to Privette Doctrine

    ASCE Statement on Devastating Tornado Damages Throughout U.S.

    Home Building Mergers and Acquisitions 2014 Predictions

    Breach Of Duty of Good Faith And Fair Dealing Packaged With Contract Disputes Act Claim

    Developer Transition – Washington DC Condominiums

    Building with Recycled Plastics – Interview with Jeff Mintz of Envirolastech

    New California Construction Laws for 2020

    NY Appellate Court Holds Common Interest Privilege Applies to Parties to a Merger

    North Carolina Court Rules In Favor Of All Sums

    "Abrupt Falling Down of Building or Part of Building" as Definition of Collapse Found Ambiguous

    Insurer's Denial of Coverage to Additional Insured Constitutes Bad Faith

    Remote Depositions in the Post-Covid-19 World

    Hurricane Harvey: Understanding the Insurance Aspects, Immediate Actions for Risk Managers

    Man Pleads Guilty in Construction Kickback Scheme

    Real Estate Trends: Looking Ahead to 2021

    Traub Lieberman Partner Greg Pennington Wins Summary Judgment in Favor of Property Owner

    Builder Pipeline in U.S. at Eight-Year High: Under the Hood

    New York Appellate Court Holds Insurer’s Failure to Defend Does Not Constitute a “Reasonable Excuse” Required to Overturn Judgment
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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

    Home Prices in U.S. Rose 0.3% in August From July, FHFA Says

    October 28, 2015 —
    U.S. home prices rose in August as low borrowing costs and sustained job growth fueled demand amid a tight inventory of properties on the market. Prices climbed 0.3 percent on a seasonally adjusted basis from July, the Federal Housing Finance Agency said Thursday in a report from Washington. The average estimate of 16 economists was for a 0.5 percent increase, according to data compiled by Bloomberg. The gain was 5.5 percent from a year earlier. Values have increased steadily as buyers, bolstered by an improving job market and easing mortgage standards, compete for a limited supply of existing homes. The number of listed properties in August was the second-lowest for that month since 2002, according to the National Association of Realtors. Read the court decision
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    Reprinted courtesy of Prashant Gopal, Bloomberg

    Reduce Suicide Risk Among Employees in Remote Work Areas

    November 24, 2019 —
    In the construction industry, a disturbing and unnerving trend has been developing over the past few decades. Construction and resource extraction have the highest rate of deaths by suicide compared to any other industry. This phenomenon is not limited to a single country. The statistics from three developed countries with strong construction and resource extraction industries (United States, United Kingdom and Australia), reflect the same pattern. A major risk factor that has not been given much attention and scrutiny is the requirement for many workers to be away from their homes for long periods of time, based in remote locations and basecamps. This isolation contributes to loneliness and disconnectedness that increases the vulnerability to employees at risk due to underlying mental health disorders, such as depression and anxiety, or those with suicidal ideations or prior attempts. Basecamps or remote work locations remove workers from the support networks of family, friends, and even medical and psychological caregivers. Employers placing employees in remote work locations should be mindful that simply wanting to work in a remote location does not necessarily equate to being able to cope well in such an environment—unless appropriate supports are provided. Companies need to become proactive to lead employees to become true teams to help reduce the risk of suicide among their workers. Reprinted courtesy of Sandra Moran, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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    Reprinted courtesy of

    Robots on Construction Sites Are Raising Legal Questions

    September 18, 2023 —
    Mark Twain said that “good decisions come from experience. Experience comes from making bad decisions.” Aesop warns “be careful what you wish for….” But is there a good decision to be made now to employ robots on your next project? There is not a lot of experience to help us make that decision, and the robotic laborer that does not tire or need breaks or desire a raise or promotion looks like an option we might all wish for when planning our next project. Are there pitfalls, traps for the unwary? Always. Spotting them is the trick. After a brief glimpse into the past for appropriate context, there are a few traps that need to be considered. Reprinted courtesy of Peter Sheridan, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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    Reprinted courtesy of

    Chinese Billionaire Sues Local Governments Over Project Payment

    January 28, 2015 —
    The billionaire founder of closely held China Pacific Construction Group sued six local governments in a bid to force payment of 900 million yuan ($144 million) his company is owed for infrastructure projects. Yan Jiehe said today he was trying to prove a point and winning the lawsuits wasn’t his main goal. Courts in Hebei, Yunnan, Guizhou, Hunan and Shandong provinces accepted the cases, he said in an interview. “We cannot let the governments work without any supervision anymore,” Yan said. “The results of the lawsuits are not that important to me and I care more about rule of law.” Read the court decision
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    Reprinted courtesy of Bloomberg News

    The Looming Housing Crisis and Limited Government Relief—An Examination of the CDC Eviction Moratorium Two Months In

    December 14, 2020 —
    Months after the Centers for Disease Control and Prevention (CDC) issued a nationwide eviction moratorium using its emergency pandemic powers under the Public Health Service Act, the efficacy of this unprecedented measure remains unclear. While the Order ostensibly protects tenants facing homelessness or housing insecurity due to the financial impacts of the COVID-19 pandemic through the end of 2020, legal challenges have been initiated in Ohio and Georgia, with additional lawsuits appearing likely. Further, even barring legal challenges, courts have not handled these cases in a uniform manner. With lawmakers unable to reach any stimulus or COVID-19 relief agreement before the election, the CDC Order appears likely to remain the only federal eviction moratorium through its expiration on December 31, 2020. Since the Order’s enactment, the CDC has since released new guidance, answering some of the open questions not covered by the initial Order. This guidance, while non-binding, is largely more favorable to landlords and property management companies than the initial text of the Order, as it provides that landlords are not required to make tenants aware of the Order’s protections and may challenge the truthfulness of the tenants’ declarations in any state or municipal court. The guidance also clarified the potential criminal penalties for violating the Order and the criminal penalties for perjury for bad faith submissions of the requisite declaration by tenants. Read the court decision
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    Reprinted courtesy of Zachary Kessler, Pillsbury
    Mr. Kessler may be contacted at zachary.kessler@pillsburylaw.com

    Fungi, Wet Rot, Dry Rot and "Virus": One of These Things is Not Like the Other

    November 02, 2020 —
    The Hartford’s so-called virus exclusion in its commercial property forms is getting a workout, and policyholders now have an argument that may help their cases move past the pleadings stage. A U.S. District Court in Florida has deemed the exclusion ambiguous and denied an insurer’s motion to dismiss.1 The exclusion applies to “presence, growth, proliferation, spread, or any activity of ’fungi’, wet rot, dry rot, bacteria or virus.”2 The Court held that the parties did not necessarily intend to exclude a pandemic. In Urogynecology, the plaintiff sought coverage for the loss of the usefulness and functionality of its business location due to the Florida Governor’s shutdown order. The policy contained a 'fungi', wet rot, dry rot, bacteria, or virus” exclusion.3 The carrier moved to dismiss, and the plaintiff argued that the exclusion only applied if COVID-19 was present on-site, which was not the case. The Court addressed none of the issues regarding direct physical loss and instead decided the motion on the fungi exclusion. The Court held the exclusion ambiguous because the exclusion of virus “does not logically align with the grouping of the virus exclusion with other pollutants such that the Policy necessarily anticipated and intended to deny coverage for these kinds of business losses.”5 In addition, the Court stated that pollution case law was not on point because “none of the cases dealt with the unique circumstances of the effect COVID-19 has had on our society – a distinction this Court considers significant.” Read the court decision
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    Reprinted courtesy of Hugh D. Hughes, Saxe Doernberger & Vita
    Mr. Hughes may be contacted at hdh@sdvlaw.com

    Factual Issues Prevent Summary Judgment Determination on Coverage for Additional Insured

    May 01, 2014 —
    Numerous factual issues prevented the court from deciding at the summary judgment stage whether the additional insured was covered for a personal injury claim that happened on a construction site. Paynes Cranes v. Am States Ins. Co., 2014 U.S. Dist. LEXIS 40485 (E.D. N.Y. March 26, 2014). Intermetal Fabricators, Inc. hired Paynes to provide a crane and driver for the construction of a store. A construction worker was injured while working with the crane. The injured worker sued several defendants, including Paynes. Intermetal had coverage for the project that included additional insureds. The policy provided, “Any person or organization . . . for whom you [Intermetal] are required by written contract, agreement or permit to provide insurance is an insured, subject to the following additional provisions: a. The contract, agreement or permit must be in effect during the policy period . . . and must have been executed prior to the ‘bodily injury,’ ‘property damage,’ 'person and advertising injury.’” Read the court decision
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    Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    Rejection’s a Bear- Particularly in Construction

    December 23, 2024 —
    As I read through this week’s cases published in Virginia Lawyers Weekly, I came across a case posing an interesting question. The question is, “If your bid is rejected along with everyone else’s, can you complain?” The short answer set out by the Rockingham County, Virginia Circuit Court is “No.” In the case of General Excavation v. City of Harrisonburg the Court looked at the Virginia Public Procurement Act’s bid protest provisions in Va. Code 2.2-4360 and 2.2-4364(C) in the context of General Excavation’s protest of the City’s failure to award it (or anyone else for that matter) the contract on which it was the low bidder. The controlling section of the statute allows a challenge to the award or proposed award of a contract. In defending the action, the City of Harrisonburg argued that, because the Procurement Act waived some of the city’s sovereign immunity, it must be read strictly. The city further argued (somewhat ironically) that, because no award of the contract was given or even proposed, General Excavation could not bring suit because it would not be challenging the “proposed award or award” of a contract. Not surprisingly, the Rockingham County court held with the City and strictly construed the statute against General Excavation in finding that General Excavation did not have the standing necessary to bring suit under the statute. 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