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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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    Local # 0720
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    Rocky Hill, CT 06067

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    Building Expert News and Information
    For Fairfield Connecticut


    $24 Million Verdict Against Material Supplier Overturned Where Plaintiff Failed to Prove Supplier’s Negligence or Breach of Contract Caused an SB800 Violation

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

    Sales of Existing Homes in U.S. Fall to Lowest Since 2012

    How One Squirrel Taught us a Surprising Amount about Insurance Investigation Lessons Learned from the Iowa Supreme Court

    Ahlers Cressman & Sleight PLLC Recognized Among The Top 50 Construction Law Firms by Construction Executive

    Before Collapse, Communications Failed to Save Bridge Project

    EEOC Sues Whiting-Turner Over Black Worker Treatment at Tennessee Google Project

    Garlock Five Years Later: Recent Decisions Illustrate Ongoing Obstacles to Asbestos Trust Transparency

    Break out the Neon: ‘80s Era Davis-Bacon “Prevailing Wage” Definition Restored in DOL Final Rule

    Louisiana Couple Sues over Defects in Foreclosed Home

    Exclusion for Construction of Condominiums Includes Faulty Construction of Retaining Wall

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    FAIRFIELD CONNECTICUT BUILDING EXPERT
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    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

    NEHRP Recommendations Likely To Improve Seismic Design

    November 09, 2020 —
    Code-based earthquake engineering is on the verge of getting simpler, thanks to the National Earthquake Hazards Reduction Program’s recommendation to replace the traditional seismic hazard maps with an improved seismic hazards database. The recommendation is one of the most significant changes put forth in the 2020 update of the NEHRP seismic design provisions, which are the foundation for the prescriptive seismic design code for buildings and other structures. Reprinted courtesy of Nadine M. Post, Engineering News-Record Ms. Post may be contacted at postn@enr.com Read the full story... Read the court decision
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    Reprinted courtesy of

    Brazil World Cup Soccer Crisis Deepens With Eighth Worker Death

    May 13, 2014 —
    Brazil’s troubled World Cup staging efforts suffered another setback today following the electrocution death of a worker at one of the stadiums still under construction. Mohammed Ali, 32, was killed while working in the Arena Pantanal in Cuiaba, said Renata Martins, a spokeswoman for the state of Mato Grosso, where the venue is located. Ali’s death is the eighth construction related fatality at Brazil’s 12 World Cup venues and comes 35 days before the tournament opens on June 12 in Sao Paulo’s Corinthians Arena, another facility where work remains. The Cuiaba stadium, which will host four games starting with Chile playing Australia on June 13, is still missing 5,000 seats. Read the court decision
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    Reprinted courtesy of Tariq Panja, Bloomberg
    Mr. Panja may be contacted at tpanja@bloomberg.net

    Construction Litigation Roundup: “It’s One, Two… Eight Strikes: You’re Out!”

    May 28, 2024 —
    In a matter handled by this writer and the Phelps firm for various insurance companies, the insurers sought to be extricated from a $51,000,000+ arbitration and prevailed, securing a preliminary injunction from a federal district court in New Orleans. The dispute centers on the contract between the designer for the new terminal facility at the Louis Armstrong New Orleans International Airport and a claim by the airport board against the designer team as well as the insurers for the designers. The principal design contract – to which the insurers were not parties – contains an arbitration clause. The airport board initiated an American Arbitration Association arbitration against the designers and their insurers, and the insurers sought relief from the court. Read the court decision
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    Reprinted courtesy of Daniel Lund III, Phelps
    Mr. Lund may be contacted at daniel.lund@phelps.com

    Settlement Agreement? It Ain’t Over ‘Til it’s . . . Final, in Writing, Fully Executed, and Admissible

    April 12, 2021 —
    As litigators we have all been there: nearing the end of a hard-fought mediation that lasted all day. Your significant other texts to ask what is for dinner; daycare closes in thirty minutes; the dog needs to be let out. The mediator, a retired judge, gently reminds you of his prior commitment—a speaking engagement at a volunteer charity dinner event that night. Though the parties started the day at opposite ends of the spectrum, after numerous counteroffers, persistent negotiation, and mediation tactics, they finally strike a deal. As the mediator prepares a document memorializing the terms of settlement, the parties wait with bloodshot eyes, and a sense of guarded accomplishment considering compromises were made, but alas, an outcome seems certain. You text your significant other to indicate that you will pick something up for dinner on your way home. Then, the mediator informs you that computer problems are preventing finalization and transmission of the document for signature. The mediator offers to send an e-mail setting forth the material settlement terms and asks each party to respond via e-mail to confirm the terms are correct, which the parties do. After a quick e-mail to your experts and case team asking them to cease trial preparation work, you leave for home. Read the court decision
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    Reprinted courtesy of Todd Likman, Higgins, Hopkins, McLain & Roswell
    Mr. Likman may be contacted at likman@hhmrlaw.com

    Couple Claims Contractor’s Work Is Defective and Incomplete

    December 04, 2013 —
    William and Prudence Dziatkowicz have sued Vince Bruno Construction, LLC over a house they contracted to have built in Weirton, West Virginia. According to the Dziatkowiczes, they contracted with Mr. Bruno and his self-named company to build a house, for which they would pay $248,250. The couple claims that Vince Bruno construction never completed work on the house, eventually abandoning the project. Further, they allege that the work done is defective, including improper installation of floor beams, and a failure to properly protect the project from weather. Additionally, the couple contends that the contractor failed to pay a lumber company, leading to a lawsuit against the Dziatkowiczes and a lien on their house. The Dziatkowiczes are suing Vince Bruno Construction for more than $355,000 in damages. Read the court decision
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    Reprinted courtesy of

    Be Careful When Walking Off of a Construction Project

    November 24, 2019 —
    I am truly grateful that my buddy Craig Martin (@craigmartin_jd) continues his great posts over at The Construction Contractor Advisor blog. He is always a good cure for writer’s block and once again this week he gave me some inspiration. In his most recent post, Craig discusses a recent Indiana case relating to the ever present issue of termination by a subcontractor for non-payment. In the Indiana case, the court looked at the payment terms and determined that the subcontractor was justified in walking from the project when it was not paid after 60 days per the contract. This result was the correct, if surprising. Why do I say surprising? Because I am always reluctant to recommend that a subcontractor walk from a job for non payment if it is possible to continue. This is not so much for legal reasons (not paying a sub is a clear breach of contract by a general contractor) but practical ones. The practical effect of walking from the job is that the subcontractor is put on the defensive. Instead of arguing later that it performed but was not paid, that subcontractor is put in the position of arguing that the general contractor cannot collect its completion related and other damages because it breached first. This is a more intuitively difficult argument and one that is not as strong as the first. Of course, all of this is contingent on the language in your contract (is there a “pay if paid” or language like that in the Indiana case?). 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

    Separation of Insureds Provision in CGL Policies

    August 31, 2020 —
    CGL policies contain a “Separation of Insureds” provision. This provision oftentimes states:
      Except with respect to the Limits of Insurance, and any rights or duties specifically assigned this Coverage Part to the first Named Insured, this insurance applies:
    1. As if each named insured were the only Named Insured; and
    2. Separately to each insured against whom claim is made or “suit” is brought.
    This provision is designed to “create separate insurable interests in each individual insured under a policy, such that the conduct of one insured will not necessarily exclude coverage for all other insured.” Evanson Ins. Co. v. Design Build Interamerican, Inc., 569 Fed.Appx. 739 (11th Cir. 2014). This provision also allows one insured under the policy (e.g., additional insured) to sue another (e.g., named insured) without violating potential coverage because there are separate insurable interests. This is a valuable provision in CGL policies. Read the court decision
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    Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
    Mr. Adelstein may be contacted at dma@kirwinnorris.com

    Single-Family Home Gain Brightens U.S. Housing Outlook: Economy

    January 21, 2015 —
    Builders broke ground in December on the most single-family homes in almost seven years, propelling an unexpectedly large gain in U.S. housing starts that signals construction will contribute more to economic growth in 2015. Work began on 728,000 houses at an annual rate, a 7.2 percent increase from November and the most since March 2008, a Commerce Department report showed Wednesday in Washington. Total housing starts, which include apartments, climbed 4.4 percent to a 1.09 million pace. Read the court decision
    Read the full story...
    Reprinted courtesy of Shobhana Chandra, Bloomberg
    Ms. Chandra may be contacted at schandra1@bloomberg.net