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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


    Duty to Defend Sorted Between Two Insurers Based Upon Lease and Policies

    Property Damage, Occurrences, Delays, Offsets and Fees. California Decision is a Smorgasbord of Construction Insurance Issues

    4 Steps to Take When a Worker Is Injured on Your Construction Site

    Three Reasons Late Payments Persist in the Construction Industry

    Bad Faith Jury Verdict Upheld After Insurer's Failure to Settle Within Policy Limits

    Judgment Proof: Reducing Litigation Exposure with Litigation Risk Insurance

    Administration Launches 'Buy Clean' Construction Materials Push

    Fifth Circuit Rules that Settlements in Underlying Action Constitute "Other Insurance"

    Proximity Trace Used to Monitor, Maintain Social Distancing on $1.9-Billion KCI Airport Project

    Insurer's Motion to Dismiss Complaint for Failure to Cover Collapse Fails

    AB5, Dynamex, the ABC Standard, and their Effects on the Construction Industry

    Claims Made Insurance Policies

    California Precludes Surety from Asserting Pay-When-Paid Provision as Defense to Payment Bond Claim

    Real Estate & Construction News Round-Up 05/04/22

    Defective Stairways can be considered a Patent Construction Defect in California

    COVID-19 Win for Policyholders! Court Approves "Direct Physical Loss" Argument

    California’s Prompt Payment Laws: Just Because an Owner Has Changed Course Doesn’t Mean It’s Changed Course on Previous Payments

    Equities Favor Subrogating Insurer Over Subcontractor That Performed Defective Work

    Lessee Deemed Statutory Employer, Immune from Tort Liability by Pennsylvania Court

    Recent Florida Legislative Changes Shorten Both Statute of Limitation ("SOL") and Statute of Repose ("SOR") for Construction Defect Claims

    Developers Celebrate Arizona’s Opportunity Zones

    Almost Nothing Is Impossible

    Coverage Denied Where Occurrence Takes Place Outside Coverage Territory

    Conspirators Bilked Homeowners in Nevada Construction Defect Claims

    The Court-Side Seat: FERC Reviews, Panda Power Plaints and Sovereign Immunity

    Allegations that Carrier Failed to Adequately Investigate Survive Demurrer

    Ready, Fire, Aim: The Importance of Targeting Your Delay Notices

    It Ain’t Over Till it’s Over. Why Project Completion in California Isn’t as Straightforward as You Think

    Fast-Moving Isaias Dishes Out Disruption in the Mid-Atlantic, Northeast

    New Florida Bill Shortens Time for Construction-Defect Lawsuits

    Policyholder Fails to Build Adequate Record to Support Bad Faith Claim

    Flood Policy Does Not Cover Debris Removal from Property

    No Trial Credit in NJ Appellate Decision for Non-Settling Successive Tortfeasors – Must Demonstrate Proof of Initial Tortfeasor Negligence and Proximate Cause

    Drone Operation in a Construction Zone

    Partner Jonathan R. Harwood Obtained Summary Judgment in a Coverage Action Arising out of a Claim for Personal Injury

    Draft Federal Legislation Reinforces Advice to Promptly Notify Insurers of COVID-19 Losses

    Insurer Doomed in Delaware by the Sutton Rule

    Kiewit Selected for Rebuild of Collapsed Baltimore Bridge

    Public Contract Code 9204 – A New Mandatory Claims Process for Contractors and Subcontractors – and a Possible Trap for the Unwary

    A DC Office Building Offers a Lesson in Glass and Sculpture

    Florida Passes Tort Reform Bill

    Late Notice Kills Insured's Claim for Damage Due to Hurricane

    Unpaid Hurricane Maria Insurance Claims, New Laws in Puerto Rico, and the Lesson for all Policyholders

    Hunton Insurance Lawyer, Jae Lynn Huckaba, Awarded Miami-Dade Bar Association Young Lawyer Section’s Rookie of the Year Award

    Construction Litigation Roundup: “Stop - In the Name of the Law!”

    California Ranks As Leading State for Green Building in 2022

    Bill Proposes First-Ever Federal Workforce Housing Tax Credit for Middle-Class Housing

    No Coverage for Construction Defects Under Arkansas Law

    San Francisco International Airport Reaches New Heights in Sustainable Project Delivery

    Close Enough Only Counts in Horseshoes and Hand Grenades
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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

    4 Breakthrough Panama Canal Engineering Innovations

    October 11, 2017 —
    Through the rainforest of Central America stretches one of the seven wonders of the modern world. It’s the mother of all shortcuts – the Panama Canal. Over 300 million tons of cargo pass through its gates every year. Stretching through the heart of the Americans, this canal has changed the face of global trade. Ships traveling between the Atlantic and Pacific used to sail thousands of kilometers around Cape Horn. So in 1879 engineers planned to cut a channel through the Isthmus of Panama. And that, was going to become the history of Panama Canal engineering. To understand how the Panama Canal can carry such a huge amount of cargo, we need to travel back in time to 17th century France. There, engineers building the Briare Canal (Canal de Briare) faced an big problem. How to make water flow up a hill? Read the court decision
    Read the full story...
    Reprinted courtesy of Hobbes S. Sujith, Construction Informer

    Williams v. Athletic Field: Hugely Important Lien Case Argued Before Supreme Court

    June 17, 2011 —

    Well, it finally made it. The most important Washington lien case of recent memory was argued in front of the Washington Supreme Court on Tuesday, June 14, 2011. So, what should we all expect?

    As I was reading through my RSS feeds this afternoon ? I was stopped dead in my tracks. Williams v . Athletic Field, the Division II case that has been a frequent topic here on Builders Counsel, has finally been argued before the Supreme Court. All of you who have been anxiously awaiting this day, you can check out the Supreme Court submissions by following this link.

    The Williams case has been the center of attention for construction lawyers and construction organizations over the past year. Some have called for complete lien law reform, others have tried to patch a hole in the law. Now, we can expect a ruling from the highest court in the state. That ruling will have a major impact on whether the Legislature feels compelled to change lien law.

    Read the full story…

    Reprinted courtesy of Douglas Reiser of Reiser Legal LLC. Mr. Reiser can be contacted at info@reiserlegal.com

    Read the court decision
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    Reprinted courtesy of

    Presenting a “Total Time” Delay Claim Is Not Sufficient

    September 12, 2022 —
    When presenting a delay-type of claim on a construction project, a claimant MUST be in a position to properly PROVE the claim. Trying to present a delay claim loosey-goosey is not a recipe for success. In fact, it can be a recipe for an easy loss. This is not what you want. To combat this, make sure you engage a delay expert that understands delay methodologies and how to calculate delay and do NOT present a total time claim. Presenting a delay claim using a total time approach, discussed below, makes it too easy to attack the flaws and credibility of the approach. Per the discussion of the case below, a total time claim with a contractor that used its project manager, versus a delay expert, to support its claim turned the contractor’s claim into a loss. In French Construction, LLC v. Department of Veteran Affairs, 2022 WL 3134507, CBCA 6490 (CBCA 2022), a contractor submitted a delay claim to the government for almost $400,000. The contractor was hired to construct a two-story corridor to connect hospital buildings. The contractor was required to be complete within 365 days. It was not. The contractor was seeking 419 days of delay from the government. The contractor’s “delay expert” was its project manager who compared the contractor’s as-planned schedule to an as-built schedule he prepared for the claim. Read the court decision
    Read the full story...
    Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
    Mr. Adelstein may be contacted at dma@kirwinnorris.com

    Ahlers & Cressman’s Top 10 Construction Industry Contract Provisions

    July 02, 2014 —
    James R. Lynch of Ahlers & Cressman, PLLC, has published the first two parts of the four-part “Top 10 Construction Contract Provisions” series: “As a powerful mechanism to control contract risk, increase predictability, and reduce the cost and complexity of potential disputes, we frequently recommend that our clients’ contracts include a mutual waiver of consequential damages.” The first part “explains the significance of such a clause and the risk a contractor assumes without it,” while the second part discusses “the various categories of damages flowing from a breach of contract and conclude[s] with examples of how parties can limit these damages to reflect their agreed allocation of risk.” Read the full story, Part 1... Read the full story, Part 2... Read the court decision
    Read the full story...
    Reprinted courtesy of

    Ahead of the Storm: Preparing for Dorian

    September 16, 2019 —
    While Hurricane Dorian churns in the Atlantic with its sights currently set on the east coast of Florida, storm preparations should be well underway. As you are busy organizing efforts to secure your job sites, we at Peckar & Abramson offer some quick reminders that may prove helpful:
    • Review your contracts, particularly the force majeure provisions, and be sure to comply with applicable notice requirements
    • Even if not expressly required at this time, consider providing written notice to project owners that their projects are being prepared for a potential hurricane or tropical storm and that the productivity and progress of the work will be affected, with the actual time and cost impact to be determined after the event.
    • Consult your hurricane plan (which is often a contract exhibit) and confirm compliance with all specified safety, security and protection measures.
    • Provide written notice to your subcontractors and suppliers of the actions they are required to take to secure and protect their portions of the work and the timetable for completion of their storm preparations.
    Reprinted courtesy of Peckar & Abramson, PC attorneys Adam P. Handfinger, Stephen H. Reisman and Gary M. Stein Mr. Handfinger may be contacted at ahandfinger@pecklaw.com Mr. Reisman may be contacted at sreisman@pecklaw.com Mr. Stein may be contacted at gstein@pecklaw.com Read the court decision
    Read the full story...
    Reprinted courtesy of

    The 411 on the New 415 Location of the Golden State Warriors

    June 10, 2015 —
    You can feel the buzz here in the Bay Area as the Golden State Warriors enter Game 4 of the NBA Playoffs following a 35 point upset over the Houston Rockets on Saturday, and a chance tonight to sweep the series and head to the NBA Finals for the first time since 1975. Formerly the Philadelphia Warriors from 1946 to 1962, and later the San Francisco Warriors from 1962 to 1971, the Golden State Warriors have played in Oakland’s currently named Oracle Arena since 1966 (except for one year when they played in San Jose while the Oracle Arena was being remodeled). Starting next year, however, construction will begin on the Warriors’ new stadium in the Mission Bay area of San Francisco with completion scheduled for the 2018-2019 season. Although details are just emerging – and even the conceptual plans have changed after some said that the initial design looked like a toilet – here’s the 411 we know on the new 415 location of the Warriors:
    • The cost of the new arena is estimated to be $1 billion.
    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

    Business Risk Exclusions Dismissed in Summary Judgment Motion

    November 09, 2020 —
    While the court denied summary judgment on whether the alleged damage was due to faulty workmanship and not covered, it granted summary judgment for dismissal of several business risk exclusions the insurer asserted against the developer. United Specialty Ins. Co. v. Dorn Homes, 2020 U.S. Dist. LEXIS 138431 (D. Ariz. Aug. 4, 2020). Dorn, a residential home developer, developed a 350 single family residential home division. Dorn did not perform the actual construction, but contracted with various subcontractors. After completion, Dorn began to receive complaints from homeowners about interior damage to some of the homes. Inspections showed interior cracking, wall separation and foundation movement. Dorn ultimately installed an unvented foam insulated roof system to address these issues. Therefore, it did not repair the faulty workmanship of its subcontractors because it would not have been efficient or as effective. Dorn paid for the repairs to the 87 homes at issue. Read the court decision
    Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    Nailing Social Media: The Key to Generating Leads for Construction Companies

    March 13, 2023 —
    Social media has become a powerful tool for small to medium-sized construction companies to generate leads for both residential and commercial projects. With over 3 billion people using social media worldwide, there is a huge opportunity for construction companies to reach potential customers and promote their services. Following are some tips for contractors to use social media to generate leads and improve their revenue targets in 2023. Firstly, it is important to choose the right social media platforms. Different social media platforms have different user demographics and can be more effective for certain types of projects. For example, Facebook and Instagram are popular platforms for residential projects, while LinkedIn is more effective for commercial projects. By understanding the target audience and selecting the right social media platforms, small construction companies can improve the effectiveness of their social media marketing efforts. Read the court decision
    Read the full story...
    Reprinted courtesy of Matthew DeVries, Burr & Forman LLP
    Mr. DeVries may be contacted at mdevries@burr.com