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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

    Fairfield Connecticut Building Expert 10/ 10

    Home Builders Association of Connecticut (State)
    Local # 0700
    3 Regency Dr Ste 204
    Bloomfield, CT 06002

    Fairfield Connecticut Building Expert 10/ 10


    Building Expert News and Information
    For Fairfield Connecticut


    The G2G Year in Review: 2020

    2018 Construction Outlook: Mature Expansion, Deceleration in Some Sectors, Continued Growth in Others

    Certificates as Evidence of Additional Insured Coverage Are All the Rage, But You Deserve Better

    There Was No Housing Bubble in 2008 and There Isn’t One Now

    Illinois Lawmakers Approve Carpenters Union's Legislation to Help Ensure Workers Are Paid What They're Owed

    Metrostudy Shows New Subdivisions in Midwest

    2013 May Be Bay Area’s Best Year for Commercial Building

    Navigating Abandonment of a Construction Project

    A DC Office Building Offers a Lesson in Glass and Sculpture

    Real Estate & Construction News Roundup (05/10/23) – Wobbling Real Estate, Booming (and Busting) Construction, and Eye-Watering Insurance Premiums

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

    More on the VCPA and Construction

    Top 10 Take-Aways: the ABA Forum's 2024 Mid-Winter Meeting

    Homeowners May Not Need to Pay Lien on Defective Log Cabin

    Miller Wagers Gundlach’s Bearish Housing Position Loses

    Florida Courts Say that Developers Are Responsible for Flooding

    Defective Panels Threatening Profit at China Solar Farms: Energy

    Corps Releases Final Report on $29B Texas Gulf Coast Hurricane Defense Plan

    Wilke Fleury Attorneys Featured In Northern California Super Lawyers 2021!

    Illinois Court Determines Duty to Defend Construction Defect Claims

    The Oregon Tort Claims Act (“OTCA”) Applies When a Duty Arises from Statute or Common Law and is Independent from The Terms of a Specific Contract. (OR)

    To Catch a Thief

    Stop by BHA’s Booth at WCC and Support the Susan G. Komen Foundation

    The California Legislature Passes SB 496 Limiting Design Professional Defense and Indemnity Obligations

    #10 CDJ Topic: Carithers v. Mid-Continent Casualty Company

    Insurer Prohibited from Bringing Separate Contribution Action in Subrogation to Rights of Suspended Insured

    Legal Fallout Begins Over Delayed Edmonton Bridges

    Strict Liability or Negligence? The Proper Legal Standard for Inverse Condemnation caused by Water Damage to Property

    New Jersey Construction Company Owner and Employees Arrested for Fraud

    Don’t Believe Everything You Hear: Liability of Asbestos Pipe Manufacturer Upheld Despite Exculpatory Testimony of Plaintiff

    Court Rules that Collapse Coverage for Damage Caused “Only By” Specified Perils Violates Efficient Proximate Cause Rule and is Unenforceable

    Know Whether Your Course of Business Operations Are Covered Or Excluded By Your Insurance

    Owners Bound by Arbitration Clause on Roofing Shingles Packaging

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    New Jersey Legislation Would Bar Anti-Concurrent Causation Clause in Homeowners' Policies

    Milhouse Engineering and Construction, Inc. Named 2022 A/E/C Building a Better World Award Winner

    Spotting Problem Projects

    EPA and the Corps of Engineers Repeal the 2015 “Waters of the United States” Rule

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

    Third Circuit Court of Appeals Concludes “Soup to Nuts” Policy Does Not Include Faulty Workmanship Coverage

    Third Circuit Limits Pennsylvania’s Kvaerner Decision; Unexpected and Unintended Injury May Constitute an “Occurrence” Under Pennsylvania Law

    Just When You Thought General Contractors Were Necessary Parties. . .

    Construction Defect Bill a Long Shot in Nevada

    SFAA Commends Congress for Maintaining Current Bonding Protection Levels in National Defense Authorization Act (NDAA)

    Jury Awards 20 Million Verdict Against Bishop Abbey Homes

    NYC Landlord Accused of Skirting Law With Rent-Free Months Offer

    Subcontractor Entitled to Defense for Defective Work Causing Property Damage Beyond Its Scope of Work

    OH Supreme Court Rules Against General Contractor in Construction Defect Coverage Dispute

    The Word “Estimate” in a Contract Matters as to a Completion Date

    Absence of Property Damage During Policy Period Equates to No Coverage
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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

    Mediation in the Zero Sum World of Construction

    October 02, 2015 —
    Construction is a zero sum game. What do I mean by that? I mean that even where you, a construction professional with a great construction lawyer, have reviewed and edited a subcontract presented to you or provided a well drafted contract to the other party that contains an attorney fees provision, every dollar that you spend on litigation is a dollar less of profit. Couple the fact that no construction company can or should bid or negotiate work with an eye toward litigation (aside from having a well written contract that will be enforced to the letter here in Virginia). Particularly on “low bid” type projects, contractors and subcontractors cannot “pad” their bids to take into account the possibility of attorney fees, arbitration, or litigation. Furthermore, the loss of productivity when your “back office” personnel are tied up dealing with discovery, phone calls, and other incidents of litigation that do nothing but rehash a bad project and increase the expense saps money from the bottom line. While the possibility of a judgment including attorney fees may soften this blow, you are still out the cash. Read the court decision
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    Reprinted courtesy of Christopher G. Hill, Law Office of Christopher G. Hill, PC
    Mr. Hill may be contacted at chrisghill@constructionlawva.com

    Colorado Federal Court Confirms Consequetial Property Damage, But Finds No Coverage for Subcontractor

    November 01, 2022 —
    A recommended decision from the Magistrate Judge of the Federal District Court for the District of Colorado found there was no coverage for the subcontractor's faulty workmanship, but recognized that Colorado finds consequential damages to be property damage. Indian Harbor Ins. Co. v. Houston Cas. Co., 2022 U.S. Dist. LEXIS 117857 (D. Colo. July 5, 2022). The insured, Tripp Construction, was a subcontrator for contructing balconies at an apartment complex. The owner complained that Tripp failed to properly install balconies. The defective installation of certain balcony components damaged other, non-defective components. The general contractor had an OCIP policy issued by Houston Casualty Company (HCC). The general contractor also had a Subcontractor Default policy issued by Indian Harbor. Read the court decision
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    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    Update: Lawyers Can Be Bound to Confidentiality Provision in Settlement Agreement

    January 13, 2020 —
    In July 2019, the California Supreme Court ruled that an attorney’s signature under the often-used phrase “approved as to form and content” does not preclude a finding that the attorney could be bound to the terms of a settlement agreement. (Monster Energy Co. v. Schechter (2019) 7 Cal.5th 781.) This decision marks a reversal of the Fourth District Court of Appeal’s 2018 ruling that approval of a contract is not tantamount to an agreement to be bound by that contract. The underlying action stemmed out of a wrongful death suit by Wendy Crossland and Richard Fournier, parents of the decedent, against Monster Energy Company. The parties negotiated a settlement, a critical of element of which was a confidentiality provision aimed at keeping the the settlement secret. The confidentiality provision prohibited plaintiffs and their counsel of record from disclosing both the existence of the settlement, or the terms thereof, to any person, entity, or publication, including the legal website Lawyers & Settlements. The attorneys signed the agreement under the phrase “approved as to form and content.” Shortly after the settlement agreement was executed, the Plaintiffs’ attorney Bruce Schechter disclosed his clients’ settlement with Monster in an interview with Lawyers & Settlements. Monster filed suit against Mr. Schechter for breach of contract, among other causes of action. Mr. Schechter challenged the lawsuit with a SLAPP motion, essentially arguing that the lawsuit was meritless and merely an attempt to thwart freedom of speech. The trial court denied Mr. Schechter’s motion as to the breach of contract cause of action finding that the settlement clearly contemplated that the attorneys were subjected to the terms of the agreement, and Schechter’s claim that he was not a party because he merely approved as to form and content was “beyond reason.” The Fourth District Court of Appeal reversed, concluding that Mr. Schechter was not a party to the agreement by virtue of his signature approving the form and content, and the Plaintiffs had no authority to bind their attorney to the terms of the agreement. The Court of Appeal found that by affixing his signature to the agreement Mr. Schechter was merely manifesting his “professional thumbs up” in line with legal industry’s customary understanding. In its reversal, the California Supreme Court did not disturb the legal community’s understanding of the phrase “approved as to form and content.” Rather, the Court concluded that an attorney’s signature under that often-used phrase does not preclude as a matter of law that the attorney intended to be bound by the agreement. The entire agreement, including the substantive provisions, need to be examined to determine the attorney’s intent in affixing his/her signature to the agreement. Turning to the Crossland/Fournier Monster settlement agreement, the Court was unpersuaded by Mr. Schechter’s argument that he was not bound to the agreement because counsel was not included in the definition of “party”. The Court stated that it’s the substance of the agreement that determines whether counsel is a party to the contract, as opposed to a party to the lawsuit. The Court was persuaded, in part, by the important role that confidentiality plays in brokering settlements. It noted that public disclosure of private settlements would serve to “chill” parties’ ability to resolve matters short of trial, and there was little doubt that confidentiality was an important term of the Crossland/Fournier Monster settlement. In concluding that Monster had met its burden to defeat an anti-SLAPP motion, the Court pointed to the numerous references to counsel in the substantive provisions of the agreement which a trier of fact could conclude bound Mr. Schechter to the confidentiality terms. Danielle Ward has concentrated her law practice on defending developer, general contractor, and subcontractor clients in a variety of construction matters. She has been an attorney with Balestreri Potocki & Holmes since 2010 and can be reached at dward@bph-law.com. Read the court decision
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    The New Industrial Revolution: Rebuilding America and the World

    March 04, 2019 —
    Conventional thinking says the Industrial Revolution ended more than a century ago. Yet one crucial industry has lagged behind revolutionary changes stemming from the transition from hand production methods to the use of machines and rise of factory systems. In the 1800s, these transitions caused an influx of people to urban centers, where the majority of those changes were centered. The outcome? Not enough capital or time to build adequate housing, pushing low-income newcomers into overcrowded, unsanitary slums, resulting in increased death rates and endemic levels of contagious diseases. While other industries mechanized and surged, construction remained stagnant in comparison to demand. Fast forward to the 21st century where the U.S .benefits from a developed and industrialized world. Monumental gains in technology, combined with regulations designed to protect communities from polluted waters and disease, have drastically improved quality of life. Yet one similarity remains – the industry still struggles to build enough housing for a growing population. Urban centers have been neglected for decades while the rate of urbanization increases annually. Communities still have no access to clean drinking water and many suffer from crumbling infrastructure. Home ownership is out of reach for an entire generation, with metropolitan areas unable to keep up with demand for housing. At the very center of this lies the staid construction industry. Lagging behind the rest of the industrialized world in terms of technology advances, it has severely impacted the ability to maintain a livable nation and world. Reprinted courtesy of Drew Buechley, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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    Floating Crane on Job in NYC's East River Has a Storied Past of Cold War Intrigue

    January 04, 2018 —
    Originally Published by CDJ on March 22, 2017 The complex maneuver of lifting heavy prefabricated modules out of New York City's East River to build a university laboratory took careful planning and the work of one particular floating crane with a complicated past. Read the court decision
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    Reprinted courtesy of Nadine M. Post, ENR
    Ms. Post may be contacted at postn@enr.com

    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
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    Mr. Lifschitz may be contacted at lifschitz@slslaw.com

    How to Build a Coronavirus Hospital in Ten Days

    April 20, 2020 —
    If the coronavirus pandemic continues to spread in the United States as it has in other countries, drastic expansions of hospital and quarantine facility capacity are likely to be necessary. In the hard-hit Seattle area, several temporary facilities are already under construction, including a 200-bed temporary quarantine and isolation center built on a soccer field. China’s response to the initial outbreak in the city of Wuhan demonstrates how rapidly authorities can add capacity in an emergency. As thousands of citizens became ill with COVID-19, China built two hospitals in Wuhan over the span of just days. Time-lapse videos such as this one show how remarkably quickly the hospitals were built. Construction on the Huoshenshan Hospital (shown in the prior linked video) began on January 23 and finished eight days later. A second hospital, Leishenshan Hospital, began construction on January 25 and finished 12 days later. Square footage information on both hospitals has been inconsistently reported, but Huoshenshan Hospital has a capacity for 1,000 beds, while Leishenshan Hospital has a capacity for 1,600 beds. Read the court decision
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    Reprinted courtesy of Elaine Lee, Pillsbury
    Ms. Lee may be contacted at elaine.lee@pillsburylaw.com

    A Sample Itinerary to get the Most out of West Coast Casualty’s Construction Defect Seminar

    May 03, 2018 —
    With so many worthwhile events stretched across three days, as well as wanting to get out and explore the many attractions in Orange County, California, Construction Defect Journal has come up with a sample itinerary that balances work with recreation. Day One: Wednesday, May 16th 9:00 a.m. – Breakfast at Steakhouse 55 (Disneyland Hotel) Meet up with colleagues at Disney’s Steakhouse 55 where you will find a more peaceful and upscale venue, perfect for networking or just catching up with friends. 10:00 a.m. - Madara Spa at Disney’s Grand Californian Hotel With a free morning, this is the perfect time to take advantage of one of the Disneyland Resort’s pools or schedule a massage at the Madara Spa located within the Grand Californian Hotel. 11:30 a.m. – Grab and Go Lunch at The Coffee House (Disneyland Hotel) Refuel with a salad or sandwich from one of Disneyland Resort’s quick service restaurants. 12:00 p.m. – Seminar Registration and Schwag Hunting Start heading over to the seminar to register and be one of the first to check out the amazing exhibitors and grab the free items they have to offer. You don’t want to miss BHA’s golf challenge, where if you sink a putt you win a $25 Amazon gift card for yourself and BHA will match the $25 to the worthwhile WCC charities! 1:00 p.m. – Seminar Begins! The afternoon starts with a not-to-be-missed panel, “Struggles and Successes of the Past 25 Years.” Next, you’ll learn about “Unwrapped and Unraveled - An insightful (or inciteful?) play at the changing nature of the relationships between the parties in a wrap program who thought the wrap was supposed to take care of everything.” 3:00 p.m. – Afternoon Break Get a cup of coffee or water, and head out into the exhibit hall. Don’t forget to go to BHA’s booth to enter to win Dodger tickets. 3:30 p.m. – Seminar Panels Continue The seminar returns with two more amazing panels: “East Coast Meets West Coast –Hot Construction Defect Issues and Coverage Cases from the Other Coast” and “How to Conduct Your Claim Investigation and Early Claims Handling To Avoid Bad Faith Traps.” 6:00 p.m. – Attend an After Party After taking a few minutes to unwind and freshen up, go and network as well as have some at one of the reception’s thrown by attending firms. No after party? Head over to the Uva Bar at Downtown Disney for a cocktail and some people watching. 8:00 p.m. - Late Dinner at Catal Restaurant (Downtown Disney) Enjoy a relaxing and sumptuous meal at Catal in Downtown Disney, one of the famed Patina Group’s restaurants. Day Two: Thursday, May 17th 7:30 a.m. – Breakfast in the Exhibit Hall Take advantage of West Coast Casualty’s free breakfast, and peruse more exhibits. Check out BHA’s data process collection process and discover meaningful cost improvements that translate to reduced billing while providing superior accuracy and credibility. 8:30 a.m. – Seminar Panels The seminar returns with more panels you won’t want to miss: “Recent Important Appellate Decisions in California, Nevada, and Arizona” and “Litigating In The Western States - A Judge’s Perspective.” 10:30 a.m. – Morning Break Grab a cup of coffee or water and chat with your colleagues about the panels you just heard. 10:45 a.m. – Seminar Panel Another important panel to finish the morning, “Subrogation is not the type of intervention I need. How a subrogated insurer affects construction defect matters.” 11:45 a.m. – Award Presentation Find out this year’s winners of the Ollie, Legend of the Era and Silver Stars. 12:15 p.m. – WCC Luncheon Network and chat with your colleagues at one of the meals provided by the seminar. 1:30 p.m. – Seminar Panel Now that you’ve recharged, you’re ready for another incredible WCC panel: “What Comes Around (Sometimes) Goes Around: Dealing with Recalcitrant Carriers.” 2:30 p.m. – Afternoon Break Stretch your legs in the exhibit hall and get yourself more schwag. Learn about BHA’s expanding market presence and full range of services in Texas, Florida, and across the Southeast United States. 3:00 p.m. – Seminar Panels Continue Don’t miss the last two panels of the day: “Effective Use of Experts” and “Claims Managers Speak - A Retrospective & Prospective Discussion.” 5:30 p.m. – Cocktail Reception With your glass of Cabernet, network with colleagues and then try your hand again at BHA’s golf challenge to win an Amazon gift card and earn money for WCC charities. 6:30 p.m. – Hit the Pool or Jacuzzi Take those tired feet and soak them in one of the Disneyland Resort’s many pools and jacuzzi’s. Or schedule a spa treatment at Madara in the Grand Californian Hotel. 7:00 p.m. – After Party or Ball Game Now that you’ve given yourself some time to rejuvenate, you’re ready to meet up with friends and colleagues at one of the after parties and receptions. Or if you’re a sports fan and want a break from work, go cheer on the Angel’s as they play Tampa Bay. 8:30 p.m. – Uva Bar Unless you chose to go to the game, enjoy a late supper and cocktail under the beautiful southern California sky at the Uva Bar in Downtown Disney. Day Three: Friday, May 18th 7:30 a.m. – Breakfast at the Seminar Take advantage of another free meal, and take the time to check out more exhibits as the last day of the seminar begins. Don’t forget to enter BHA’s raffle for Dodger tickets! 8:30 a.m. – Breakout Sessions I Choose between one of three breakout sessions: “Known Knowns and Known: Unknowns, the Ins and Outs of Extrapolation,” “Risk Transfer Alphabet Soup - A twelve year lookback on legislative tinkering with anti-indemnity statutes - where are we now?” or “Florida – Opening Pandora's Box and How to Close It.” 9:30 a.m. – Breakout Sessions II Three additional breakout sessions to choose from: “An Update on California’s Right to Repair Act, featuring McMillin Albany et al. v. Superior Court,” “Finding Evidence for your Coverage Case,” or “Northwest Insurance Coverage and Extra-Contractual Issues.” 10:30 a.m. – Morning Break Refuel with coffee or water before the next group of exciting breakout sessions begins. 11:00 a.m. – Breakout Sessions III You’ll want to go to one of these three breakout sessions: “Subcontractor Wars: The Last AI,” “Mediating the Luxury Single Family Home Construction Defect Case,” or “Creative Solutions to the Florida Problem: Making No Contribution and No State Law Work for You.” 12:00 p.m. – Breakout Sessions IV and the End of the Seminar The seminar closes with the last trio of breakout sessions: “Everyone is a Small Player,” “Real World Solutions to the Real Problems Presented By Wrap Up Programs,” or “When Mother Nature Attacks, Are you Covered?” 1:30 p.m. – Lunch at Corn Dog Castle in California Adventure Park OR Hollinghead’s Delicatessen in Orange If you’re a Disney lover, you’ll want to take advantage of the day by going to one of the Disney Resort Parks, of course. Get one of Disney’s amazing corn dogs at Corn Dog Castle in California Adventure Park.

    Or if you would rather explore the greater Anaheim area, then head over to Hollinghead’s Delicatessen for a homemade sandwich and a glass of beer on tap. 3:00 p.m. – Disney Entertainment OR Museum Exploring If you chose to go to California Adventure, check out the event schedule for the day. Catch the show Frozen – Live at the Hyperion or get a Fastpass for the Radiator Springs Racers and ride Soarin’ Around the World. If you purchased a two-park pass, don’t forget about Space Mountain or Star Tours located in the Disneyland Park. North Orange county has many interesting museums. Head to the Bowers Museum in Santa Ana or the Muzeo in Anaheim. 7:00 p.m. – Dinner at the Blue Bayou Restaurant OR the Summit House Restaurant Have a one-of-a-kind eating experience at the Blue Bayou in Disneyland Park. Enjoy a dinner in the midst of the Pirates of the Caribbean ride! If you wish to remain in the California Adventure Park, try an alfresco dinner at Wine Country Trattoria or an indoor, upscale meal at Carthay Circle. After an afternoon perusing museums, enjoy a truly superb meal with attentive service at one of Anaheim’s premier restaurants, Summit House. Feeling like having some fun rather than a sedate meal? Head over to the House of Blues in Anaheim for their Party Like It’s 1999! A Prince Tribute Party. 8:30 p.m. – Paint the Night Parade/Together Forever OR The Blind Rabbit Speakeasy Head over to watch the Paint the Night Parade at the California Adventure Park or the fireworks display, Together Forever — A Pixar Nighttime Spectacular at the Disneyland Park. Be sure to check out the daily event schedule for up to date information. End your evening at Anaheim’s only speakeasy, the Blind Rabbit, located in the Anaheim Meat Packing district. Be sure to check out their “rules” and reserve a table at this popular spot. Read the court decision
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