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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

    Fairfield Connecticut Building Expert 10/ 10

    Home Builders Association of New Haven Co
    Local # 0720
    2189 Silas Deane Highway
    Rocky Hill, CT 06067

    Fairfield Connecticut Building Expert 10/ 10

    Home Builders Association of Hartford Cty Inc
    Local # 0755
    2189 Silas Deane Hwy
    Rocky Hill, CT 06067

    Fairfield Connecticut Building Expert 10/ 10

    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

    Fairfield Connecticut Building Expert 10/ 10


    Building Expert News and Information
    For Fairfield Connecticut


    Guarantor’s Liability on Partially Secured Debts – The Impacts of Pay Down Provisions in Serpanok Construction Inc. v. Point Ruston, LLC et al.

    Certain Private Projects Now Fall Under Prevailing Wage Laws. Is Yours One of Them?

    White and Williams Obtains Reversal on Appeal of $2.5 Million Verdict Against Electric Utility Company

    Tighter Requirements and a New Penalty for Owners of Vacant or Abandoned Storefronts in San Francisco

    What Contractors Can Do to Address Rising Material Costs

    Is Privity of Contract with the Owner a Requirement of a Valid Mechanic’s Lien? Not for GC’s

    Don’t Let Construction Problems Become Construction Disputes (guest post)

    Traub Lieberman Attorneys Recognized as 2021 Top Lawyers by Hudson Valley Magazine

    Poor Pleading Leads to Loss of Claim for Trespass Due to Relation-Back Doctrine, Statute of Limitations

    No Duty to Indemnify When Discovery Shows Faulty Workmanship Damages Insured’s Own Work

    Over 70 Lewis Brisbois Attorneys Recognized in 4th Edition of Best Lawyers: Ones to Watch in America

    SFAA Commends U.S. House for Passage of Historic Bipartisan Infrastructure Bill

    Congratulations to BWB&O for Ranking in The U.S. News – Best Lawyers ® as “Best Law Firms”!

    The Rise Of The Improper P2P Tactic

    Collapse of Improperly Built Deck Not An Occurrence

    Noncumulation Clause Limits Coverage to One Occurrence

    Reminder: Always Order a Title Search for Your Mechanic’s Lien

    State Farm Too Quick To Deny Coverage, Court Rules

    Asbestos Client Alert: Court’s Exclusive Gatekeeper Role May not be Ignored or Shifted to a Jury

    Labor Development Impacting Developers, Contractors, and Landowners

    Can General Contractors Make Subcontractors Pay for OSHA Violations?

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

    Illinois Appellate Court Addresses Professional Services Exclusion in Homeowners Policy

    BHA has a Nice Swing Donates to CDCCF

    A Court-Side Seat: Permit Shields, Hurricane Harvey and the Decriminalization of “Incidental Taking”

    The Construction Lawyer as Problem Solver

    My Employees Could Have COVID-19. What Now?

    David McLain Recognized Among the 2021 Edition of The Best Lawyers in America© for Construction Law

    Contract Construction Smarts: Helpful Provisions for Dispute Resolution

    Manhattan Developer Breaks Ground on $520 Million Project

    Be Careful with Good Faith Payments

    Policing Those Subcontractors: It Might Take Extra Effort To Be An Additional Insured

    Nader Eghtesad v. State Farm General Insurance Company

    New York Revises Retainage Requirements for Private Construction Contracts: Overview of the “5% Retainage Law”

    Open & Known Hazards Under the Kinsman Exception to Privette

    Hovnanian Reports “A Year of Solid Profitability”

    BE PROACTIVE: Steps to Preserve and Enhance Your Insurance Rights In Light of the Recent Natural Disasters

    Benford’s Law: A Seldom Used Weapon in Forensic Accounting

    Yet ANOTHER Reminder to Always Respond

    Texas contractual liability exclusion

    What You Need to Know About the Recently Enacted Infrastructure Bill

    Wes Payne Receives Defense Attorney of the Year Award

    Providing “Labor” Under the Miller Act

    World-Famous Architects Design $480,000 Gazebos for Your Backyard

    Constructive Suspension (Suspension Outside of an Express Order)

    Real Estate & Construction News Roundup (10/04/23) – NFL Star Gets into Real Estate, DOJ Focuses on “Buyer-Broker Commissions”, and the Auto Workers’ Strike Continues

    The “Program Accessibility” Exception for Public Entities Under the ADA

    Pennsylvania: Searching Questions Ahead of Oral Argument in Domtar

    Loss Caused by Subcontractor's Faulty Work Covered in Georgia

    Lewis Brisbois Listed on Leopard Solutions Top 10 Law Firm Index
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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

    Best Lawyers Recognizes Hundreds of Lewis Brisbois Attorneys, Honors Four Partners as ‘Lawyers of the Year’

    October 16, 2023 —
    (August 17, 2023) – Best Lawyers has selected 172 Lewis Brisbois attorneys across 46 offices for its 30th edition of The Best Lawyers in America. It has also recognized four Lewis Brisbois partners on its "Lawyers of the Year" list: Akron Managing Partner David Kern (Mergers and Acquisitions Law); Newark Partner Meredith Kaplan Stoma (Professional Malpractice Law - Defendants); Philadelphia Partner Steven D. Urgo (Litigation – Insurance); and Roanoke Managing Partner John T. Jessee (Medical Malpractice Law – Defendants). Please join us in congratulating the following attorneys on their Best Lawyers recognition! You can see the full list of attorneys named to Best Lawyers' Ones to Watch in America here. Akron, OH
    • Partner John F. Hill - Bet-the-Company Litigation, Commercial Litigation, Legal Malpractice Law – Defendants, and Personal Injury Litigation - Plaintiffs
    • Partner Kerri Keller - Commercial Litigation
    • Managing Partner David Kern - Corporate Law, Mergers and Acquisitions Law, Tax Law, and Trusts and Estates
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    Reprinted courtesy of Lewis Brisbois

    Perovskite: The Super Solar Cells

    July 23, 2014 —
    “Embedding solar cells into buildings has always been more of a nice idea instead of an economical approach,” according to Gigaom, however they reported that a new kind of solar cell developed by a researcher at Oxford University might change things. Henry Snaith and his research team through experimentation discovered “perovskites,” which increase the amount of sunlight converted to electricity by 17 percent over other solar cells. Solar cells currently used have, at times, proved inefficient. “Solar cells that won’t obstruct the view that a window offers historically have done poorly in converting much sunlight into electricity,” Gigaom reported. “Other types of solar cells have been too expensive to make. Plus, they won’t produce as much electricity when they line one side of a building rather than its rooftop, where they get sun for longer hours each day.” Currently, Oxford PV, the perovskite start-up company, is pushing into commercializing its solar technology, and “is looking at opening an office in Silicon Valley.” Read the court decision
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    Dust Obscures Eleventh Circuit’s Ruling on “Direct Physical Loss”

    October 12, 2020 —
    On August 18, 2020, the United States Court of Appeals for the Eleventh Circuit affirmed a District Court’s 2018 ruling that Sparta Insurance Company need not cover a south Florida restaurant’s lost income and extra expenses resulting from nearby road construction. But, in doing so, the appeals court appears to deviate from even its own understanding of “direct physical loss” under controlling Florida law. In the underlying coverage action, the insured, Mama Jo’s Inc. operating as Berries in the Grove, sought coverage under its “all risk” commercial property insurance policy for business income loss and incurred extra expenses caused by construction dust and debris that migrated into the restaurant. Reprinted courtesy of Walter J. Andrews, Hunton Andrews Kurth, Michael S. Levine, Hunton Andrews Kurth and Daniel Hentschel, Hunton Andrews Kurth Mr. Andrews may be contacted at wandrews@HuntonAK.com Mr. Levine may be contacted at mlevine@HuntonAK.com Mr. Hentschel may be contacted at dhentschel@HuntonAK.com Read the court decision
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    Buy a House or Pay Off College? $1.2 Trillion Student Debt Heats Up in Capital

    June 11, 2014 —
    Jennifer Day spends 12 percent of her monthly take-home pay on debt that funded a master’s degree in urban and regional planning, money she’d rather be saving toward a home. “I spend $364 a month for student loans,” said Day, 33, who conducts market research for the hospitality industry at a consulting firm in New Orleans. “To me, that is a down payment or ultimately savings down the line.” Under legislation sponsored by U.S. Senator Elizabeth Warren of Massachusetts, Day would save about $75 a month on her payments. The bill, which could come up for a vote on the Senate floor as soon as tomorrow, would let 25 million borrowers with federal and private loans refinance their balances at lower interest rates, according to Education Department estimates. Read the court decision
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    Reprinted courtesy of Janet Lorin, Bloomberg
    Ms. Lorin may be contacted at jlorin@bloomberg.net

    Waiving Consequential Damages—What Could Go Wrong?

    March 19, 2024 —
    You are inexcusably late with construction of a football stadium, a casino, or similar project that generates large income for the owner. The indirect damages, often referred to as consequential damages, that flow from the delay can be astronomical to the point of breaking your company if it must pay them. As a result, many construction contracts, at every tier, contain a provision that waives consequential damages. By this waiver, a party seeks to limit its risk for these damages. Over the years, courts have interpreted these provisions in a widely variable and inconsistent manner. The courts typically start with the specific language of the waiver to discern the parties’ intent. Thus, the language of the provision itself is critical. But construction professionals should not overlook other provisions in the contract that may have an impact on a court’s analysis of the parties’ intent. As one of my colleagues likes to say, “the large print giveth and the small print taketh away.” Reprinted courtesy of Curtis W. Martin, Peckar & Abramson, P.C. and Kellie M. Ros, Peckar & Abramson, P.C. Mr. Martin may be contacted at cmartin@pecklaw.com Ms. Ros may be contacted at kros@pecklaw.com Read the court decision
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    Purely “Compensatory” Debts Owed by Attorneys to Clients (Which Are Not Disciplinary or Punitive Fees Imposed by the State Bar) Are Dischargeable In Bankruptcy

    April 28, 2016 —
    The United States Court of Appeals for the Ninth Circuit in Scheer v. The State Bar of California (4/14/16 – Case no. 2:14-cv-04829-JFW) reversed the district court’s affirmance of the bankruptcy court’s decision that a suspended attorney’s debt was nondischargeable in bankruptcy under 11 U.S.C. § 523(a)(7). In Scheer, the client (Clark) retained attorney Scheer to help modify his home mortgage loan. Clark paid Scheer $5,500 before any modification occurred. Clark then fired Scheer and sought return of the $5,500 under California’s mandatory attorney fee dispute arbitration program. An arbitrator concluded that, although Scheer performed competently, she violated California Civil Code §2944.7(a) by receiving advance fees for residential mortgage modification services. Although the arbitrator believed that Scheer’s violations were neither willful nor malicious, he concluded California law required a full refund of the improperly collected fees. Scheer made a few payments against the arbitration award but, claiming a lack of funds, failed to pay the outstanding balance. Reprinted courtesy of David W. Evans, Haight Brown & Bonesteel LLP and Renata L. Hoddinott, Haight Brown & Bonesteel LLP Ms. Hoddinott may be contacted at rhoddinott@hbblaw.com Mr. Evans may be contacted at devans@hbblaw.com Read the court decision
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    How is Negotiating a Construction Contract Like Buying a Car?

    January 04, 2018 —
    Originally Published by CDJ on March 1, 2017 I know, you’re probably looking for a punchline, and likely thinking something along the lines of “only a construction attorney would be sitting in his office and come up with such an analogy,” but I really do think it’s a good one. When you are buying a car, you look for priorities. Is the color what you want? Is the motor a hybrid or a v-6? Does it have Android Auto? What is the fuel mileage? All of these things may be more or less important to you. If you can get your priorities for a price that is attractive, you will likely let some other less important items, e. g. trunk space or rear seat leg room, slide and purchase the car anyway. Furthermore, you may use these minor items as negotiating points to either get one of the priorities or a lower price. Of course the dealership will want to get its priorities, likely a sale and a profit, when negotiating and will have certain items that it won’t move on just as you have terms that you won’t move on. Much like when you walk onto the car lot, and particularly as a subcontractor looking at a contract from a general contractor, or a GC looking at the contract from the owner of a project, a construction contract presented to you is the starting point. When looking at the contract, be sure to have some non-negotiable items in mind when taking a critical eye to the terms of that contract. Some of these terms may be more or less negotiable depending on your experience with the other party to the construction contract. For instance, striking a pay if paid clause may be less important with a paying party with whom you have a 10 year history without payment problems. On the other hand, if it is your first contract with the other party, a stricter list may be required. So, much like a dealer that you know will stand behind its cars, you may be more willing to take more “risk” in entering a construction contract with a trusted/known owner or GC. Read the court decision
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    Reprinted courtesy of Christopher G. Hill, The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at chrisghill@constructionlawva.com

    Critical Materials for the Energy Transition: Of “Rare Earths” and Even Rarer Minerals

    September 12, 2022 —
    As the world pursues ambitious net-zero carbon emission goals, demand is soaring for the critical materials required for the technologies leading the energy transition. Lithium may be the most well-known of these inputs due to its usage in batteries for vehicles and consumer electronics, but roughly 50 other minerals are central to energy transition technologies. During the coming years, producers, manufacturers and end-users will be increasingly exposed to the roles played by “rare earth” elements (roughly, atomic numbers 57 to 71), platinum group metals, and other materials. The reasons for this heightened interest are simple—even if the underlying environmental, political and technological forces at play are complex:
    • Lower-carbon technologies use different materials than carbon-intensive technologies. The mineral requirements of power and mobility systems driven by renewable, nuclear, hydrogen and fusion energy are profoundly different from those forming the backbone of fossil fuel systems. Minerals such as lithium, nickel, copper, cobalt, and rare earth elements are vital for electric vehicles (EVs), batteries, fuel cells, electricity grids, wind turbines, smart devices, and many other essential and proliferating civilian and military technologies. For example, an offshore wind plant needs 13 times more mineral resources than a gas power plant of a similar size.
    Reprinted courtesy of Robert A. James, Pillsbury, Ashleigh Myers, Pillsbury, Shellka Arora-Cox, Pillsbury and Amanda G. Halter, Pillsbury Mr. James may be contacted at rob.james@pillsburylaw.com Ms. Myers may be contacted at ashleigh.myers@pillsburylaw.com Ms. Arora-Cox may be contacted at shellka.aroracox@pillsburylaw.com Ms. Halter may be contacted at amanda.halter@pillsburylaw.com Read the court decision
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