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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
    2189 Silas Deane Highway
    Rocky Hill, CT 06067

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    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


    No Subrogation, Contribution Rights for Carrier Defending Construction Defect Claim

    Traub Lieberman Partner Bradley T. Guldalian Wins Summary Judgment in Pinellas County Circuit Court

    Ohio Supreme Court Holds No Occurence Arises from Subcontractor's Faulty Workmanship

    Handshake Deals Gone Wrong

    Modular Homes Test Energy Efficiency Standards

    Examining Construction Defect as Occurrence in Recent Case Law and Litigation

    Henderson Land to Spend $839 Million on Hong Kong Retail Complex

    Construction Litigation Roundup: “Builder’s Risk Indeed”

    Anchoring Abuse: Evolution & Eradication

    Condominium Construction Defect Resolution in the District of Columbia

    Housing Starts Rebound in U.S. as Inflation Eases: Economy

    The Privette Doctrine and Its Exceptions: Court of Appeal Grapples With the Easy and Not So Easy

    Building Supplier Sued for Late and Defective Building Materials

    Bats, Water, Soil, and Bridges- an Engineer’s dream

    BUILD Act Inching Closer To Reality

    Big League Dreams a Nightmare for Town

    The Basics of Subcontractor Defaults – Key Considerations

    Use It or Lose It: California Court of Appeal Addresses Statutes of Limitations for Latent Construction Defects and Damage to Real Property

    Flint Water Suits Against Engineers Will Go to Trial, Judge Says

    Sewage Treatment Agency Sues Insurer and Contractor after Wall Failure and Sewage Leak

    Did You Get a Notice of Mechanic’s Lien after Project Completion? Don’t Panic!

    Injury to Employees Endorsement Eliminates Coverage for Insured Employer

    White and Williams Defeats Policyholder’s Attempt to Invalidate Asbestos Exclusions

    The Connecticut Appellate Court Decides That Construction Contractor Was Not Obligated To Continue Accelerated Schedule to Mitigate Its Damages Following Late Delivery of Materials by Supplier

    New Jersey Law regarding Prior Expert’s Testimony

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    The Impact of Sopris Lodging v. Schofield Excavation on Timeliness of Colorado Construction Defect Claims

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    Required Contract Provisions for Construction Contracts in California

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    Contractor Entitled to Continued Defense Against Allegations of Faulty Construction

    California Supreme Court Upholds Precondemnation Procedures

    High Attendance Predicted for West Coast Casualty Seminar

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    The Unpost, Post: Dynamex and the Construction Indianapolis
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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

    Avoiding 'E-trouble' in Construction Litigation

    September 10, 2018 —
    During the 2016 presidential election, the FBI subpoenaed Hillary Clinton's emails after she used a private email server during her time as Secretary of State. Separately, the more recent investigation into Donald Trump’s campaign policy adviser, George Papadopoulos, resulted in scrutiny over both his email and social media. As shown the above examples, there are damaging effects of electronically stored information in politics, but how does it impact the construction industry? If not used carefully and properly, emails will serve as “truth serum” in court. Attorneys can simply read an email to know employees’ thoughts or actions, meaning an impulsive email or social media post will most likely come back to haunt the company. Requests for ESI are inevitable in litigation today and the production of inappropriate emails and other ESI open the door for an opposing attorney to argue that a company fosters a culture of uncouth, unprofessional and unfocused project management. Reprinted courtesy of Judah Lifschitz, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
    Read the full story...
    Reprinted courtesy of
    Mr. Lifschitz may be contacted at lifschitz@slslaw.com

    Skipping Depositions does not Constitute Failure to Cooperate in New York

    March 09, 2020 —
    Insurance policies typically impose, on the insured, a duty to cooperate with the insurer during investigation and litigation of a claim. Non-cooperation can be grounds for denying coverage. This begs the question: what constitutes non-cooperation? Recently, a New York appellate court affirmed a trial court’s decision that failure by an employee of the insured to show up for three court-ordered depositions did not rise to the level of “willful and avowed obstruction” and therefore, the insurer could not deny coverage on the basis of non-cooperation. See Foddrell v. Utica First Insurance Co., 178 A.D.3d 901 (N.Y. App. Div. 2019). In so holding, the Foddrell court applied the Thrasher test: “To effectively deny coverage based upon lack of cooperation, an insurance carrier must demonstrate (1) that it acted diligently in seeking to bring about the insured’s cooperation, (2) that the efforts employed by the insured were reasonably calculated to obtain the insured’s cooperation, and (3) that the attitude of the insured, after his or her cooperation was sought, was one of willful and avowed obstruction.” Id.; see Thrasher v. U. S. Liab. Ins. Co., 19 N.Y.2d 159, 167 (1967). Thomas Foddrell’s suit against Utica First Insurance Company (“Utica First”) stemmed from his personal injury suit against Janey & Rana Construction Corporation (“J&R” (Utica First’s insured). During that lawsuit, J&R’s principal, Gardeep Singh, failed to appear for two court-ordered depositions. After his failure to appear at those depositions, Utica First sent an investigator to inform Singh that he was scheduled for a third deposition. Singh responded to the investigator that he would speak with J&R’s attorneys about the matter. Ultimately, Singh did not appear for the third court-ordered deposition. In response to Singh’s repeated failure to appear for the depositions, Utica First sent Singh a letter advising him that because of his lack of cooperation, Utica would no longer agree to indemnify J&R. Read the court decision
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    Reprinted courtesy of Ryan G. Nelson, Saxe Doernberger & Vita
    Mr. Nelson may be contacted at rgn@sdvlaw.com

    Whitney Stefko Named to ENR’s Top Young Professionals, formerly ENR’s Top 20 Under 40, in California

    February 16, 2017 —
    Every year, Engineering News-Record (ENR) honors young professionals who are making a big splash in the construction industry. This year, ENR named Whitney Stefko to its list of individuals who represent the best of the best in the construction industry. In its feature article, “Top Young Professionals Make a Big Impact in Construction Industry,” Stefko is recognized for her expertise in professional liability and construction defense law, and her success in representing hundreds of cases on behalf of developers, general contractors, subcontractors and design professionals. Read the court decision
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    Reprinted courtesy of Whitney L. Stefko, Haight Brown & Bonesteel LLP
    Ms. Stefko may be contacted at wstefko@hbblaw.com

    West Coast Casualty’s Quarter Century of Service

    May 03, 2018 —
    West Coast Casualty's Construction Defect Seminar has been promoting charitable work for the past twenty-five years. Each year, they promote different charities, and provide multiple ways for individuals and companies to contribute. Whether it’s Buy a Banner, Tennis Shoe Thursday, or Flip Flop Friday, industry members are given opportunities to support worthwhile causes. This year, West Coast Casualty is supporting Hawaii’s Children’s Cancer Foundation , St. Jude Children’s Research Hospital, and Shriners Hospital for Children. WCC also supports charitable organizations through every award that they present each year. Donations are made in the winner’s name: For Jerrold S. Oliver Award of Excellence awardees, Habitat for Humanity as well as a local California and Nevada charity; For Legend of an Era Award, the designated charity of West Coast Casualty’s Construction Defect Seminar; and for The Larry Syhre Commitment to Service Award, a donation to The Larry Syhre Foundation. Read the court decision
    Read the full story...
    Reprinted courtesy of

    Visual Construction Diaries – Interview with Jeff Sassinsky of Fovea Aero

    November 30, 2017 —
    Jeff Sassinsky, President of Fovea Aero, gave me a live demonstration on Fovea Aero Vision – an app that allows you to a get a fully immersive visual construction diary of your project. The idea for the development of Fovea Aero Vision came from discussions with general contractors, owners, and other construction industry professionals. They were talking about the use of smartphones, particularly phone cameras, in construction. The photos, for example, of a fitting that does not look right end up in a folder on a server or goes back and forth in email messages. “The lack of any structure behind both the collection and the storage and sharing of the photos is hampering their usage,” Jeff said. “We wanted to solve the problem by creating a full record of everything that takes place on a construction site, on a regular basis, sharing it among the stakeholders, and making it super easy to use.” Read the court decision
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    Reprinted courtesy of Aarni Heiskanen, AEC Business
    Mr. Heiskanen may be contacted at info@aepartners.fi

    Liability Insurer’s Duty To Defend Insured Is Broader Than Its Duty To Indemnify

    June 03, 2019 —
    When it comes to liability insurance, an insurer’s duty to defend its insured from a third-party claim is much broader than its duty to indemnify. This broad duty to defend an insured is very important and, as an insured, you need to know this. “A liability insurer’s obligation, with respect to its duty to defend, is not determined by the insured’s actual liability but rather by whether the alleged basis of the action against the insurer falls within the policy’s coverage.” Advanced Systems, Inc. v. Gotham Ins. Co., 44 Fla. L. Weekly D996b (Fla. 3d DCA 2019) (internal quotation omitted). This means: Even where the complaint alleges facts partially within and partially outside the coverage of a policy, the insurer is nonetheless obligated to defend the entire suit, even if the facts later demonstrate that no coverage actually exists. And, the insurer must defend even if the allegations in the complaint are factually incorrect or meritless. As such, an insurer is obligated to defend a claim even if it is uncertain whether coverage exists under the policy. Furthermore, once a court finds that there is a duty to defend, the duty will continue even though it is ultimately determined that the alleged cause of action is groundless and no liability is found within the policy provisions defining coverage. Advanced Systems, supra(internal citations and quotations omitted). 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

    Ohio Rejects the Majority Trend and Finds No Liability Coverage for a Subcontractor’s Faulty Work

    December 11, 2018 —
    In Ohio N. Univ. v. Charles Constr. Servs., 2018 Ohio LEXIS 2375 (No. 2017-0514, October 9, 2018), the Supreme Court of Ohio was recently called upon to determine if a general contractor’s Commercial General Liability (CGL) insurance policy provided coverage for defective work completed by its subcontractor. Rejecting the majority trend, the court held that, because the subcontractor’s faulty work was not an “occurrence” caused by an accident – i.e. a fortuitous event – within the meaning of the contractor’s CGL policy, the insurer did not have to defend or indemnify the contractor with respect to the plaintiff’s claims. Read the court decision
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    Reprinted courtesy of Shannon M. Warren, White and Williams LLP
    Ms. Warren may be contacted at warrens@whiteandwilliams.com

    CSLB “Fast Facts” for Online Home Improvement Marketplaces

    August 20, 2018 —
    As more and more online home improvement marketplaces like Angie’s List come online, questions have arisen as to whether such online marketplaces must hold a contractor’s license. The California Contractor’s State License Board has put together a “Fast Facts” sheet to help online home improvement marketplaces navigate the ins and outs of contractor’s license requirements, salesperson requirements, and advertising requirements. The short answer is that these marketplaces do not need a contractor’s license as long as the customer is contracting directly with the listed contractors (not the marketplace). Here’s the slightly longer explanation: July 20, 2018 CSLB #18-10 CSLB Hopes to Clear Up Confusion about License and Contracting Requirements for Online Home Improvement Marketplace Companies SACRAMENTO – Over the past few months, the Contractors State License Board (CSLB) has been addressing emerging issues involving online marketplaces and contractor referral websites. In its most basic form, online marketplaces are e-commerce websites that link consumers to products and/or services that are provided by multiple third parties. In these situations the e-commerce operator processes the transactions. Many referral websites charge contractors for leads. Read the court decision
    Read the full story...
    Reprinted courtesy of Garret Murai, Wendel, Rosen, Black & Dean LLP
    Mr. Murai may be contacted at gmurai@wendel.com