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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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    Home Builders Association of Hartford Cty Inc
    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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    3 Regency Dr Ste 204
    Bloomfield, CT 06002

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    Not Just Another Client Alert about Cyber-Risk and Effective Cybersecurity Insurance Regulatory Guidance

    Illinois Court of Appeals Addresses What It Means to “Reside” in Property for Purposes of Coverage

    Hawaii Federal District Court Rejects Insurer's Motion for Summary Judgment on Construction Defect Claims

    Pennsylvania Commonwealth Court Holds that Nearly All Project Labor Agreements are Illegal

    US Proposes Energy Efficiency Standards for Federal Buildings

    Mediation Clause Can Stay a Miller Act Claim, Just Not Forever

    Builder and County Tussle over Unfinished Homes

    Editorial: Qatar Is Champion of Safety Hypocrisy in Migrant Worker Deaths

    The Show Must Go On: Shuttered Venues Operators Grant Provides Lifeline for Live Music and Theater Venues

    San Francisco Bay Bridge Tower Rod Fails Test

    Famed NYC Bridge’s Armor Is Focus of Suit Against French Company

    Quick Note: Not In Contract With The Owner? Serve A Notice To Owner.

    Historical Long-Tail Claims in California Subject to a Vertical Exhaustion Rule

    Think Twice Before Hedging A Position Or Defense On A Speculative Event Or Occurrence

    On to Year Thirteen for Blog

    Bel Air Mansion Construction Draws Community Backlash

    Homeowners Must Comply with Arbitration over Construction Defects

    Whether Subcontractor's Faulty Workmanship Is an Occurrence Creates Ambiguity

    Contrasting Expert Opinions Result in Denial of Cross Motions for Summary Judgment

    South Carolina “Your Work” Exclusion, “Get To” Costs

    Just Decided – New Jersey Supreme Court: Insurers Can Look To Extrinsic Evidence To Deny a Defense

    Case Remanded for Application of Efficient Proximate Cause Doctrine

    New Hampshire’s Statute of Repose for Improvements to Real Property Does Not Apply to Product Manufacturers

    Georgia Amends Anti-Indemnity Statute

    California Homeowners Can Release Future, Unknown Claims Against Builders

    Tesla Powerwalls for Home Energy Storage Hit U.S. Market

    Contractors Liable For Their Subcontractor’s Failure To Pay Its Employees’ Wages And Benefits

    Georgia Supreme Court Rules Construction Defects Can Constitute an Occurrence in CGL Policies

    Increase in Single-Family New Home Sales Year-Over-Year in January

    Best U.S. Home Sales Since 2007 Show Momentum in Housing Market

    Exclusion for Construction of Condominiums Includes Faulty Construction of Retaining Wall

    The Practical Distinction Between Anticipatory Breach and Repudiation and How to Deal with Both on Construction Projects

    Home Prices in 20 U.S. Cities Rose at a Faster Pace in October

    California Supreme Court Rejects Third Exception to Privette Doctrine

    Louisiana Court Applies Manifestation Trigger to Affirm Denial of Coverage

    Five Haight Attorneys Selected for Best Lawyers in America© 2021

    General Partner Is Not Additional Insured For Construction Defect Claim

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    Enerpac Plays Critical Role in Industry-changing Discovery for Long Span Bridges at The University of Nebraska-Lincoln

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    Include Materials Price Escalation Clauses in Construction Clauses

    Illinois Town’s Bond Sale Halted Over Fraudulent Hotel Deals

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    Judge Gives Cintra Bid Protest of $9B Md. P3 Project Award New Life

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    Defenses Raised Three-Years Too Late Estop Insurer’s Coverage Denial

    Differing Rulings On Construction Defect Claims Leave Unanswered Questions For Builders, and Construction Practice Groups. Impact to CGL Carriers, General Contractors, Builders Remains Unclear
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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

    Want to Use Drones in Your Construction Project? FAA Has Just Made It Easier.

    March 01, 2017 —
    The new Part 107 FAA Rules took effect on Monday, August 29, 2016. Unlike the previous requirements for flying a drone commercially, the new rules are much more simplistic and permissive of a broad amount of commercial drone usage. The following is the basic knowledge you need to legally use a drone on your future projects. To fly a drone commercially, there are now four major requirements:
    • You must be at least sixteen years old;
    • You must register your drone online;
    • You must pass an aviation knowledge test administered at an FAA-approved testing center; and
    • You must pass review by the Transportation Security Administration.
    Read the court decision
    Read the full story...
    Reprinted courtesy of Masaki J. Yamada, Ahlers & Cressman PLLC
    Mr. Yamada may be contacted at myamada@ac-lawyers.com

    California Statutes Authorizing Public-Private Partnership Contracting

    February 01, 2022 —
    Public-private partnerships are often cited as a key pathway to restoring and enhancing the nation’s infrastructure. They can be challenging arrangements to structure. (As a result of the pandemic, they have even suffered the indignity of having their “PPP” acronym coopted by the Paycheck Protection Program. With apologies to Small Business Administration practitioners, we use “PPP” in this article to refer to the infrastructure tool.) One gating condition to setting up a PPP is identifying the authority for a public entity to use a contracting method that does not run afoul of the general requirements that (i) works of improvement be let to the lowest responsive bid by a responsible bidder and (ii) design services be awarded through a qualifications-based selection process. Integrated forms of project delivery that vest in a single concessionaire multiple design, construction, financing, operation, maintenance and entrepreneurial roles must find an exception to any applicable background rules. Reprinted courtesy of Robert A. James, Pillsbury and Shade Oladetimi, Pillsbury Mr. James may be contacted at rob.james@pillsburylaw.com Ms. Oladetimi may be contacted at shade.oladetimi@pillsburylaw.com Read the court decision
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    Reprinted courtesy of

    Fannie Mae Says Millennials Are Finally Leaving Their Parents' Basements

    December 17, 2015 —
    Parents, rejoice. Your offspring may finally be moving out of the family basement. A new report (PDF) from Fannie Mae, the U.S. government-backed mortgage company, suggests that the millennial generation is getting a move on. "According to the ACS [Census Bureau’s American Community Survey], the number of homeowners aged 25-34 fell by more than 250,000 in each year between 2007 and 2012, but has declined by less than 100,000 annually since then," Fannie Mae said. "In fact, the decline between 2013 and 2014 was statistically insignificant, the first indication of stability in the number of young homeowners since the onset of the Great Recession." So while the number of homeowners in that age range is still on the decline, the trend looks poised for a reversal, and Fannie Mae said it won't take much to see positive growth in millennial homeownership in the near future. Read the court decision
    Read the full story...
    Reprinted courtesy of Julie Verhage, Bloomberg

    Quick Note: Discretion in Determining Prevailing Party for Purposes of Attorney’s Fees

    January 25, 2021 —
    In prior articles I have discussed that courts apply the significant issues test to determine the prevailing party for purposes of being entitled to attorney’s fees. A party that recovers an affirmative judgement is NOT the de facto prevailing party for purposes of an entitlement to attorney’s fees in a breach of contract action (or a construction lien foreclosure action). This was the issue in a recent appeal discussed here where the party that recovered an affirmative judgment on a breach of contract case was not deemed the prevailing party for purposes of attorney’s fees. While the party prevailed on one of its claims, it did not prevail on others, and it recovered less than half of the damages it originally sought. The appellate court, affirming the trial court, held that the trial court has discretion to determine that the party that recovered an affirmative judgement was not the prevailing party entitled to its attorney’s fees under the signifiant issues test. This was not what the party was expecting when the attorney’s fees it expended far exceeded the judgment it recovered. 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

    Fargo Shows Record Home Building

    October 01, 2013 —
    Home builders in the area of Fargo, North Dakota are describing growth in the area as “enormous.” Darrick Guthmiller, the president of the Home Builders Association of Fargo-Moorhead noted that in sixteen years of building homes, this was the best he’d seen. The Home Builders Association expects that next year might even be better. Read the court decision
    Read the full story...
    Reprinted courtesy of

    Maine Case Demonstrates High Risk for Buying Home “As Is”

    August 27, 2014 —
    According to Meredith Eilers of Bernstein Shur, writing in JDSupra Business Advisor, a Boston Appeals court “enforced an 'as is' provision in a purchase and sale agreement and concluded that the sale of a multimillion dollar oceanfront property in Bar Harbor was not accompanied by Maine’s implied warranty of habitability.” Eilers explained that “the first circuit concluded that the bargained-for ‘as is’ provision that was incorporated into the purchase and sale agreement—in exchange for a reduction in the purchase price—essentially waived any claims from the buyer regarding misrepresentations by the sellers.” This left “the buyer to incur the repair costs without the ability to recover those costs from the seller” and it demonstrated “that agreeing to such a clause when closing a real estate deal has real risks.” Read the court decision
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    Reprinted courtesy of

    Haight Welcomes Elizabeth Lawley

    September 03, 2015 —
    Haight Brown & Bonesteel LLP welcomes partner Elizabeth W. Lawley. Elizabeth joins Haight’s new Sacramento office in the Construction Law and General Liability Practice Groups. She has extensive experience representing construction companies, contractors, subcontractors, real estate developers and insurers. Among her clients are prestigious national home builders, window manufacturers, roofers, HVAC, tile and masonry contractors. Elizabeth provides exceptional legal services while navigating complex litigation handling and resolution and she adds another layer of top-tier skills to Haight’s existing practice. Haight Brown & Bonesteel LLP 2485 Natomas Park Drive Suite 450 Sacramento, CA 95833 www.hbblaw.com Read the court decision
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    Reprinted courtesy of Elizabeth W. Lawley, Haight Brown & Bonesteel LLP
    Ms. Lawley may be contacted at elawley@hbblaw.com

    Brooklyn’s Industry City to Get $1 Billion Modernization

    March 12, 2015 —
    (Bloomberg) -- A late 19th century industrial complex on New York’s Brooklyn waterfront is slated for a $1 billion makeover that aims to transform the property into a modern hub for manufacturing and technology. The owners of Industry City, Atlanta-based Jamestown and its partners, plan to invest about $890 million over the next 12 years, and anticipate tenants will put in about $150 million of their own money, according to a proposal announced Monday. The project will create one of the largest centers for the “innovation economy” in the U.S., and one of New York’s biggest engines of job growth, said Andrew Kimball, chief executive officer of Industry City. Read the court decision
    Read the full story...
    Reprinted courtesy of David M. Levitt, Bloomberg
    Mr. Levitt may be contacted at dlevitt@bloomberg.net