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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

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

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    Rocky Hill, CT 06067

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    Local # 0755
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    Local # 0710
    110 Brook St
    Torrington, CT 06790

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    Building Expert News and Information
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    Ohio Does Not Permit Retroactive Application of Statute of Repose

    CGL Coverage for Liquidated Damages and the Contractual Liability Exclusion

    U.S. Tornadoes, Hail Cost Insurers $1 Billion in June

    US Attorney Alleges ADA Violations in Chicago Cubs Stadium Renovation

    Courthouse Reporter Series: Two Recent Cases Address Copyright Protection for Architectural Works

    Wildfire Insurance Coverage Series, Part 5: Valuation of Loss, Sublimits, and Amount of Potential Recovery

    Meet D1's Neutrals Series: BILL FRANCZEK

    Trump Signs $2-Trillion Stimulus Bill for COVID-19 Emergency

    Potential Problems with Cases Involving One Owner and Multiple Contractors

    Ninth Circuit Finds No Coverage for Construction Defects Under California Law

    A New Study: Unexpected Overtime is Predictable and Controllable

    Background Owner of Property Cannot Be Compelled to Arbitrate Construction Defects

    City Wonders Who’s to Blame for Defective Wall

    Speculative Luxury Homebuilding on the Rise

    Search in Florida Collapse to Take Weeks; Deaths Reach 90

    There's No Such Thing as a Free House

    Delaware District Court Finds CGL Insurer Owes Condo Builder a Duty to Defend Faulty Workmanship Claims — Based on the Subcontractor Exception to the Your Work Exclusion

    WATCH: 2023 Construction Economic Update and Forecast

    ABC, Via Construction Industry Safety Coalition, Comments on Silica Rule

    Economy in U.S. Picked Up on Consumer Spending, Construction

    Settlement Reached in California Animal Shelter Construction Defect Case

    Renovation Makes Old Arena Feel Brand New

    Court Finds That $400 Million Paid Into Abatement Fund Qualifies as “Damages” Under the Insured’s Policies

    Court Calls Lease-Leaseback Project What it is: A Design-Bid-Build Project

    Condo Owners Allege Construction Defects

    Denver Airport Terminates P3 Contract For Main Terminal Renovation

    Home Prices in 20 U.S. Cities Increased 5% in Year to June

    Colorado Court Holds No Coverage for Breach of Contract Claim

    Patent or Latent: An Important Question in Construction Defects

    Remote Trials Can Control Prejudgment Risk

    Supreme Court Rejects “Wholly Groundless” Exception to Question of Arbitrability

    Claims Litigated Under Government Claims Act Must “Fairly Reflect” Factual Claims Made in Underlying Government Claim

    Biden Administration Issues Buy America Guidance for Federal Infrastructure Funds

    Do Not Lose Your Mechanics Lien Right Through a Subordination Agreement

    Another Worker Dies in Boston's Latest Construction Accident

    New York Considers Amendments to Construction Industry Wage Laws that Would Impose Significant Burden Upon Contractors

    Construction Defect Leads to Death, Jury Awards $39 Million

    You Are Your Brother’s Keeper. Direct Contractors in California Now Responsible for Wage Obligations of Subcontractors

    Canada to Ban Foreigners From Buying Homes as Prices Soar

    When Is a Project Delay Material and Actionable?

    40 Year Anniversary – Congratulations Ed Doernberger

    New Pedestrian, Utility Bridge Takes Shape on Everett Waterfront

    Communications between Counsel and PR Firm Hired by Counsel Held Discoverable

    And the Cyber-Beat Goes On. Yet Another Cyber Regulatory Focus for Insurers

    Cooperation and Collaboration With Government May Be on the Horizon

    Are You a Construction Lienor?

    Equitable Subrogation Part Deux: Mechanic’s Lien vs. Later Bank Deed of Trust

    Court of Appeal Shines Light on Collusive Settlement Agreements

    Privity Problems Continue for Additional Insureds in the Second Circuit

    Indemnity Payment to Insured Satisfies SIR
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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

    White House Reverses Trump Administration NEPA Cutbacks

    October 24, 2021 —
    The Biden administration's Oct. 6 announcement that it will restore certain long-standing environmental reviews for infrastructure projects—rolled back by the Trump administration last year—won praise from environmental groups but has some in the construction sector wary of new project delays as a major federal funding push looms. Reprinted courtesy of Mary B. Powers, Engineering News-Record and Debra K. Rubin, Engineering News-Record Ms. Rubin may be contacted at rubind@enr.com Read the full story... Read the court decision
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    The Business of Engineering: An Interview with Matthew Loos

    July 15, 2019 —
    Matthew Loos is an experienced project manager in the civil engineering industry. He works as a project engineer at Jones|Carter in Fort Worth, Texas. In this interview, we discuss Matt’s new book, The Business of Engineering. It is not very common that an engineer writes a non-technical book. What inspired you to do so? Have you ever gotten an idea stuck in your head that you just couldn’t let go of? A time when you couldn’t go to sleep because the idea was consistently begging for your attention? That’s what happened to me. The idea for this book hits me right before bed, as most good ideas do. I couldn’t go to sleep after the idea struck me. I spent half of the night writing the chapters of this book in my mind. I had been thinking about the idea of engineering and how it relates to other career fields, even the non-technical ones. I was disenchanted with the trifling number of classes I took that prepared me for the business world. These were the initial thoughts that eventually led me down the road into thinking about engineering as a profession going forward. Read the court decision
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    Reprinted courtesy of Aarni Heiskanen, AEC Business
    Mr. Heiskanen may be contacted at aec-business@aepartners.fi

    Time to Update Your Virginia Mechanic’s Lien Forms (July 1, 2019)

    May 01, 2019 —
    In a few of my recent posts here at Construction Law Musings, I’ve discussed a few bills that were considered and/or passed in the General Assembly this year. One of the bills is one close to my heart and a subject much discussed here, namely mechanic’s liens. HB2409 passed both houses of the General Assembly and has been signed by the Governor. This bill reconciled the language found in Virginia Code Sec. 43-4 with the various forms for general contractor, subcontractor and sub-subcontractor/supplier forms found in later sections of the code. As you will see if you download the .pdf of the bill as signed, this involved some tweaks to 43-4 and some updates to the mechanic’s lien forms that are in the code. The recent Desai case from the Virginia Supreme Court made it clear that such action was necessary. Read the court decision
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    Reprinted courtesy of The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at chrissghill@constructionlawva.com

    Manhattan Developer Wants Claims Dismissed in Breach of Contract Suit

    August 27, 2014 —
    The Real Deal reported that Savannah, the developer of the condo conversion at 141 Fifth Avenue, “has filed to dismiss a number of claims in a $7.5 million breach of contract lawsuit by the property’s board of managers, while alleging professional negligence against several of its own contractors.” Savanah’s lawyers stated, according to The Real Deal, that whether or not construction defects exist, their client isn’t responsible: “However to the extent that any of the alleged defects exist at the building, sponsor cannot be held liable for the existence of such defects.” Read the court decision
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    Reprinted courtesy of

    ASCE Statement on Devastating Impacts of Hurricane Helene

    October 07, 2024 —
    WASHINGTON, DC. – We are deeply saddened by the tragic loss of life across six states, in addition to the immeasurable damages caused by Hurricane Helene throughout the Southeast this past week. Hundreds of communities are without power. Citizens cannot move safely from one place to another. And in its wake, the storm has left many without drinking water and sewage services. As civil engineers, our first priority when we design and build the structures that connect us is the public's safety and well-being; we are heartbroken to see so many lives lost or upended by Hurricane Helene. As someone who has experienced losing everything in a catastrophic flood event, I have seen first-hand the need for making communities more resilient, and the consequences of failing to do so. Although hurricanes have consistently been a threat in the U.S., particularly in the Southeast, extreme weather events and 500-year floods are increasing in regularity and our aging infrastructure systems were not built to withstand storms of this magnitude. Total prevention of loss of life or property damage can never be guaranteed, but Helene is a reminder of the importance of widespread adoption of up-to-date, modern building codes and standards. We are thankful for the hard work of first responders, the military, and other organizations working around the clock to save lives and meet the immediate needs of people affected by this storm. As communities begin the long recovery process, civil engineers will be there to help communities rebuild the roads, bridges, dams, water systems, and other infrastructure damaged or destroyed by the storm. ABOUT THE AMERICAN SOCIETY OF CIVIL ENGINEERS Founded in 1852, the American Society of Civil Engineers represents more than 160,000 civil engineers worldwide and is America's oldest national engineering society. ASCE works to raise awareness of the need to maintain and modernize the nation's infrastructure using sustainable and resilient practices, advocates for increasing and optimizing investment in infrastructure, and improve engineering knowledge and competency. For more information, visit www.asce.org or www.infrastructurereportcard.org and follow us on Twitter, @ASCETweets and @ASCEGovRel. Read the court decision
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    Reprinted courtesy of

    Joint Venture Dispute Over Profits

    January 27, 2020 —
    A recent Georgia Court of Appeals case demonstrates the risk of joint ventures failing to carefully define accounting rules in their joint venture agreement. Two trade contractors teamed up to accomplish certain tasks on a job at a wastewater lift station at Fort Gordon. A joint venture agreement provided for an equal split of the profits and losses. Unfortunately, the parties did not define “profit,” and particularly did not define what cost would be deducted in calculating profit. They disputed in particular whether certain large payments to individuals and 15% overhead charges should be deducted in calculating profits. One party presented the expert testimony of an accountant while the other did not. The party presenting expert testimony asked the court to dismiss the other party’s claim because it was not supported by expert testimony of an accountant. The trial court granted the motion and dismissed the claim. Read the court decision
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    Reprinted courtesy of David R. Cook, Autry, Hall & Cook, LLP
    Mr. Cook may be contacted at cook@ahclaw.com

    Home-Building Climate Warms in U.S. as Weather Funk Lifts

    May 20, 2015 —
    The surge in April housing starts sends a clear signal that bad weather was the root cause of weak readings in the first quarter. The question now is whether the rebound is strong enough to lift the world’s largest economy. Builders broke ground on 1.14 million homes at an annualized rate last month, the most since November 2007 and up 20.2 percent from March, figures from the Commerce Department showed Tuesday in Washington. It was the single-biggest monthly surge since 1991, with both the Northeast and Midwest taking part, clearly showing milder temperatures had a hand. The rebound in home building is shaping up to be large enough to make a meaningful contribution to economic growth this quarter. Nonetheless, because residential construction accounts for less than 4 percent of the economy, it would take big gains to make up for what’s likely to be sustained weakness in manufacturing caused by slowing exports and cuts in business investment by the energy industry. Reprinted courtesy of Sho Chandra, Bloomberg and Steve Matthews, Bloomberg Read the court decision
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    Additional Insured Not Entitled to Reimbursement of Defense Costs Paid by Other Insurers

    October 21, 2015 —
    Con Edison ("Con Ed") was unsuccessful in arguing for defense costs that had already been paid by other insurers. Consol. Edison Co. of N.Y. v. Lexington Ins. Co., 2015 U.S. Dist. LEXIS 121573 (S.D. N.Y. Sept. 9, 2015). Team, Inc. was under contract with Con Ed to provide repairs to the steam system running below the streets of New York City. The contract required Team to indemnify Con Ed for all claims resulting from personal injury or property damage connected to Team's work. Team also obtained a CGL policy naming Con Ed as an additional insured. The policy was to provide primary coverage. Any insured was responsible for the first $250,000 of costs for investigation and/or defense. On July 1, 2007, a steam distribution main, on which Team had finished working, ruptured, creating a huge crater and sending steam and debris, including asbestos insulation, into the surrounding area. The rupture caused substantial damage to nearby buildings, vehicles and underground infrastructure. It also caused personal injury, including two individuals in a tow truck that fell into the crater and a woman who suffered a fatal heart attack while running from the explosion. 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