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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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    Home Builders Association of New Haven Co
    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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    Local # 0710
    110 Brook St
    Torrington, CT 06790

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    3 Regency Dr Ste 204
    Bloomfield, CT 06002

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    Building Expert News and Information
    For Fairfield Connecticut


    NY Construction Safety Firm Falsely Certified Workers, Says Manhattan DA

    No Occurrence Found for Damage to Home Caused by Settling

    Environmental Justice Update: The Justice40 Initiative

    L.A.’s Modest Solution to the ‘Missing Middle’ Housing Problem

    Motion to Dismiss Insurer's Counterclaim for Construction Defects Is Granted

    Napa Quake, Flooding Cost $4 Billion in U.S. in August

    Miller Act Statute of Limitations and Equitable Tolling

    COVID-19 Impacts on Subcontractor Default Insurance and Ripple Effects

    Giant Floating Solar Flowers Offer Hope for Coal-Addicted Korea

    AIA Releases State-Specific Waiver and Release Forms

    XL Group Pairs with America Contractor’s Insurance Group to Improve Quality of Construction

    Tender the Defense of a Lawsuit to your Liability Carrier

    Land Planners Not Held to Professional Standard of Care

    Appreciate The Risks You Are Assuming In Your Contract

    “A No-Lose Proposition?”

    What Counts as Adequate Opportunity to Cure?

    After Pittsburgh Bridge Collapse, Fast-Rising Replacement Emerges

    Housing Stocks Rally at End of November

    Gone Fishing: Tenant’s Insurer Casts A Line Seeking To Subrogate Against The Landlord

    Building a Strong ESG Program Can Fuel Growth and Reduce Company Risk

    Congratulations to Partner Alex Giannetto for Being Named to San Diego Business Journal’s Top 100 Leaders in Law List

    Leftover Equipment and Materials When a Contractor Is Abruptly Terminated

    ABC Safety Report: Construction Companies Can Be Nearly 6 Times Safer Than the Industry Average Through Best Practices

    Connecticut Gets Medieval All Over Construction Defects

    Federal Defend Trade Secrets Act Enacted

    First Circuit: No Coverage, No Duty to Investigate Alleged Loss Prior to Policy Period

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    Price Escalation Impacts

    Insurer Must Pay for Matching Siding of Insured's Buildings

    California Senator Proposes Bill to Require Contractors to Report Construction Defect Cases

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    Times Square Alteration Opened Up a Can of Worms

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    Changes To Commercial Item Contracting

    Revamp to Nationwide Permits Impacting Oil and Gas Pipeline, Utility and Telecom Line Work

    Eleventh Circuit Rules That Insurer Must Defend Contractor Despite “Your Work” Exclusion, Where Damage Timing Unclear

    Missouri Construction Company Sues Carpenter Union for Threatening Behavior

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    Texas Legislative Update

    Narberth Mayor Urges Dubious Legal Action

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    Discussing Parametric Design with Shajay Bhooshan of Zaha Hadid Architects

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    Charlotte, NC Homebuilder Accused of Bilking Money from Buyers

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    Corporate Profile

    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

    Purse Tycoon Aims at Ultra-Rich With $85 Million Home

    September 24, 2014 —
    The eight-bedroom, 15-bath Beverly Hills, California, mansion has $5,600 toilets, a wall of caramel onyx and an 18-seat screening room with doors clad in Italian lizard skin. Asking price: $85 million. Rapper Jay Z has taken two tours of the hillside aerie with views that sweep from downtown Los Angeles to the Pacific Ocean. The estate was developed by Bruce Makowsky, who made his fortune selling handbags through department stores and the QVC television channel. “There was a void of homes for super-wealthy people, and that’s why I did it,” Makowsky said while sitting near a curved 54-foot (16-meter) glass wall that slides open to an infinity pool with iPad-controlled fountains. “I don’t think there’s anybody who’s served up $85 million-to-$100 million homes at this level for somebody to step into and buy.” Mr. Gittelsohn may be contacted at johngitt@bloomberg.net; Ms. Brandt may be contacted at nbrandt@bloomberg.net Read the court decision
    Read the full story...
    Reprinted courtesy of John Gittelsohn and Nadja Brandt, Bloomberg

    AB5 Construction Exemption - A Checklist to Avoid Application of AB5's Three-Part Test

    May 18, 2020 —
    Construction companies have a unique opportunity to avoid the application of the restrictive new independent contractors' law that took effect this year. This article provides a checklist that will help construction companies determine whether their relationships with subcontractors qualify for this exemption. California’s Assembly Bill 5 (“AB5”), which went into effect Jan. 1, 2020, enacts into a statute last year’s California Supreme Court decision in Dynamex Operations West, Inc. v. Superior Court, 4 Cal. 5th 903 (2018), and the Court’s three-part standard (the “ABC test”) for determining whether a worker may be classified as an employee or an independent contractor. Certain professions and industries are potentially exempt from this standard, including the construction industry. The ABC test does not apply to the relationship between a contractor and an individual performing work pursuant to a subcontractor in the construction industry if certain criteria are met. In order for the “construction exemption” to apply, the contractor must demonstrate that all of the following criteria are satisfied. Read the court decision
    Read the full story...
    Reprinted courtesy of Blake A. Dillion, Payne & Fears
    Mr. Dillion may be contacted at bad@paynefears.com

    Will Protecting Copyrights Get Easier for Architects?

    November 28, 2022 —
    Like any creative business, architects rely on their intellectual property. Their designs are at the center of their work. For example, as we discussed in a previous post, many architects nowadays focus on creating new ways for their building designs to be environmentally friendly and sustainable. However, nearly every form of intellectual property faces the risk of theft or infringement in the business world. Architects face unique challenges with their copyrights – as well as risks. Copyright Issues in the Architecture World One of the biggest issues, of course, is that there are many aspects of building designs that architects cannot protect by copyright. This is simply because various details are fundamental in the construction of every building. One person cannot own the rights to such a common design. Read the court decision
    Read the full story...
    Reprinted courtesy of Scott L. Baker, Baker & Associates
    Mr. Baker may be contacted at slb@bakerslaw.com

    Remodel Leaves Guitarist’s Home Leaky and Moldy

    October 03, 2013 —
    The entertainment site TMZ reports that Eddie Van Halen is suing the contractor who remodeled his home. Mr. Van Halen claims that the contractor’s poor workmanship lead to water intrusion. According to the lawsuit, the roof and chimney leaked, and gutters and flashing were poorly installed. As a result, parts of the home suffered from mold damage. The lawsuit claims that Mr. Val Halen spent more than $1 million to repair his home after the remodel. Read the court decision
    Read the full story...
    Reprinted courtesy of

    Climate-Proofing Your Home: Upgrades to Weather a Drought

    January 03, 2022 —
    Climate-driven drought is making the once unthinkable foreseeable. Amid water shortages, your faucets could run dry, as has been a possibility in Marin County, California. Violate mandatory water restrictions and you might face steep fines or even a cutoff of service. With the western United States in the grip of an extreme drought, rivers and reservoirs are at record lows and some water utility districts in California have asked residents to curtail consumption by as much as 40%. A 2019 study found regions across the nation could face water shortages in the coming decades in part due to climate change. That puts a premium on making homes more resilient to drought by maximizing efficiency and minimizing waste through technologies that monitor consumption and recycle and capture water that would otherwise be lost. Read the court decision
    Read the full story...
    Reprinted courtesy of Todd Woody, Bloomberg

    District Court denies Carpenters Union Motion to Dismiss RICO case- What it Means

    March 16, 2017 —
    In a case that has been widely discussed on this blog, a United States federal district court Judge denied the Philadelphia Carpenters’ Union’s motion to dismiss a federal RICO case filed against it by the Pennsylvania Convention Center. Judge Nitza I. Quiñones Alejandro issued the ruling on the Union’s motion. Unfortunately, Judge Quinoses Alejandro did not issue an opinion to go along with her order. This is a bit unusual. Federal Judges routinely issue opinions (if only in footnote form) even on motion dealing with procedural issues. like discovery disputes. The lack of an opinion prevents us from knowing the Judge’s rationale for denying the motion. Therefore, the order lack precedental value for subsequent cases. However, I do not believe the order is any less significant. Potential plaintiffs now know that a federal RICO case against a union can survive a motion to dismiss. Moreover, the attorneys for the Convention Center have provided potential plaintiffs a road map for doing so. As I have stated before, the fact pattern in the Convention case is hardly unique and the tactics the Carpenters used in that case are de ri·gueur. Read the court decision
    Read the full story...
    Reprinted courtesy of Wally Zimolong, Zimolong LLC
    Mr. Zimolong may be contacted at wally@zimolonglaw.com

    A Brief Primer on Perfecting Your Mechanics Lien When the Property Owner Files Bankruptcy

    January 22, 2024 —
    Overview of the Mechanics Lien Law This is a brief description of steps to be taken when the Owner of property on which you have recorded a mechanics lien files bankruptcy. The California mechanics lien is a powerful tool for contractors, subcontractors and materials suppliers to secure payment of unpaid construction debts. A contractor, subcontractor or materials supplier is allowed to record a mechanics lien on real property, based on the value added to the property by the claimant during the construction process. The recorded mechanics lien provides the claimant with legal right to force the sale of the improved real property and thereby obtain the funds necessary to pay the delinquent debt. Under the usual procedure, the first step is the recording of the mechanics lien with County Recorder’s office in the County where the property is located. A lawsuit to foreclose on the lien must then be filed in the County Superior Court of that County, within ninety (90) days after the mechanics lien is recorded. The goal of the lawsuit is to obtain a judgment for foreclosure on the mechanics lien in order to force a sale of the property. The net proceeds of the sale will be used to pay the unpaid construction debt secured by the recorded mechanics lien, assuming sale proceeds exceed the amount of senior liens and encumbrances. Read the court decision
    Read the full story...
    Reprinted courtesy of William L. Porter, Porter Law Group
    Mr. Porter may be contacted at bporter@porterlaw.com

    Because I Haven’t Mentioned Mediation Lately. . .

    November 23, 2020 —
    Any regular reader of Construction Law Musings knows that I am both a great believer in mediation and a certified Virginia mediator. After the last few weeks in which I participated in mediation by Zoom, a Judicial Settlement Conference (read, court-ordered mediation with a retired judge), and will be participating in another mediation in person next week, it seems as if others believe in the process as well. After all of this mediation activity, all of which related to construction project-related disputes, I am more convinced than ever that almost every construction case should at least be submitted for mediation. The list below gives my reasons for saying this:
    1. The parties are in control. In litigation or arbitration, the parties present their evidence to a third party or parties with no familiarity with the “boots on the ground” reality of the construction project at issue. This third party gives a cold review of what evidence court rules allow them to consider and gives a final ruling that one side “wins” and the other side “loses.” This decision has monetary consequences for the losing party, not the least of which is a large attorney fee bill after potentially several years of legal wrangling. With mediation, those closest to the project, the parties, can say what they want, present what they feel to be the best case, and work for a solution. The solution can be flexible and allow the two sides to reach a business decision that is at least better than a large monetary judgment against one of the parties that is only further enforceable in court.
    Read the court decision
    Read the full story...
    Reprinted courtesy of The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at chrisghill@constructionlawva.com