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    Home Builders & Remo Assn of Fairfield Co
    Local # 0780
    433 Meadow St
    Fairfield, CT 06824

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    Local # 0740
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    Salem, CT 06420

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    What Is the Best Way to Avoid Rezoning Disputes?

    An Interesting Look at Mechanic’s Lien Priority and Necessary Parties

    Additional Insured Not Covered Where Injury Does Not Arise Out Of Insured's Work

    Appraisal Ordered After Carrier Finds Loss Even if Cause Disputed

    Application of Frye Test to Determine Admissibility of Expert

    Waiver of Subrogation Enforced, Denying Insurers Recovery Against Additional Insured in $500 Million Off-Shore Oil Rig Loss

    Louisiana Court Holds That Application of Pollution Exclusion Would Lead to Absurd Results

    Repeated Use of Defective Fireplace Triggers Duty to Defend Even if Active Fire Does Not Break Out Until After End of Policy Period

    Subcontractors Have Remedies, Even if “Pay-if-Paid” Provisions are Enforced

    Bought a New Vacation Home? I’m So Sorry

    Contractor Jailed for Home Repair Fraud

    No Duty to Defend Construction Defect Claims under Kentucky Law

    What to Do Before OSHA Comes Knocking

    “But it’s 2021!” Service of Motion to Vacate Via Email Found Insufficient by the Eleventh Circuit

    Ireland Said to Plan Home Loans Limits to Prevent Bubble

    Hawaii Federal Court Grants Insured's Motion for Remand

    Construction Litigation Roundup: “Just Hanging Around”

    Anticipatory Repudiation of a Contract — The Prospective Breach

    Construction Demand Unsteady, Gains in Some Regions

    Rihanna Gained an Edge in Construction Defect Case

    Will the Hidden Cracks in the Bay Bridge Cause Problems During an Earthquake?

    Public Adjuster Cannot Serve As Disinterested Appraiser

    Judge Sentences Roofing Contractor Owner in Florida PPP Fraud Case

    Harmon Tower Demolition on Hold Due to Insurer

    SIG Earnings Advance 21% as U.K. Construction Strengthens

    The Secret to Success Is Doing Things a Little Bit Differently

    Finding Highway Compromise ‘Tough,’ DOT Secretary Says

    Time to Repair Nevada’s Construction Defect Laws?

    Real Estate & Construction News Roundup (4/24/24) – Omni Hotels Hit with Cyberattack, Wisconsin’s Low-Interest Loans for Home Construction, and Luxury Real Estate Sales Increase

    St Louis County Approves Settlement in Wrongful Death Suit

    California Rejects Judgments By Confession Pursuant to Civil Code Section 1132

    Keep it Simple with Nunn-Agreements in Colorado

    A Survey of New Texas Environmental Laws

    Professional Malpractice Statute of Limitations in Construction Context

    Insurer's Appeal of Jury Verdict Rejected by Tenth Circuit

    Hurricane Handbook: A Policyholder's Guide to Handling Claims during Hurricane Season

    No Collapse Coverage Where Policy's Collapse Provisions Deleted

    New York High Court: “Issued or Delivered” Includes Policies Insuring Risks in New York

    South Carolina “occurrence” and allocation

    Fraudster Sells 24-Bedroom ‘King’s Speech’ London Mansion

    Approaches to Managing Job Site Inventory

    Texas EIFS Case May Have Future Implications for Construction Defects

    Nine ACS Lawyers Recognized as Super Lawyers – Including One Top 10 and Three Top 100 Washington Attorneys

    Contractor’s Claim for Interest on Subcontractor’s Defective Work Claim Gains Mixed Results

    Court Dismisses Coverage Action In Lieu of Pending State Case

    Georgia Legislature Passes Additional Procurement Rules

    In Kansas City, a First-Ever Stadium Designed for Women’s Sports Takes the Field

    Florida Insurance Legislation Alert - Part I

    Time to Reform Construction Defect Law in Nevada

    Will Millennial’s Desire for Efficient Spaces Kill the McMansion?
    Corporate Profile

    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. Drawing 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

    New EPA Regulation for Phase I Environmental Site Assessments

    January 27, 2014 —
    The EPA recently amended the “’All Appropriate Inquiries Rule’ concerning environmental site assessments of potentially contaminated sites,” reports the Schinnerer Risk Management Blog. Engineers will need to be aware that “Phase I assessments should now reference ASTM International’s E1527-13 “Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process” in order to comply with the All Appropriate Inquiries Rule.” Read the court decision
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    Reprinted courtesy of

    Resilience: Transforming the Energy Sector – Navigating Land Issues in Solar and Storage Projects | Episode 3 (11.14.24)

    December 17, 2024 —
    In the latest episode of the Resilience podcast, colleague Shellka Arora-Cox and Laura Pagliarulo, CEO and founder of SolaREIT, get down to the nitty-gritty in a discussion of the interplay of solar power capacity, generation and land use. (Editor’s note: The following transcript has been edited for clarity.) Welcome to Resilience, the vodcast where we talk about the most pressing challenges and the biggest opportunities in the energy sector. I’m your host, Shellka Arora-Cox, a partner at Pillsbury Winthrop Shaw Pittman. I’m thrilled to have Laura Pagliarulo, the CEO and founder of SolaREIT, with me today. Read the court decision
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    Reprinted courtesy of Pillsbury's Construction & Real Estate Law Team

    Is the Sky Actually Falling (on Green Building)?

    November 03, 2016 —
    I have spoken on many occasions here at Construction Law Musings and elsewhere about the risks and rewards for contractors found in sustainable construction. The rewards were fairly apparent. New markets, government incentives and the desires of owners to be “green” clearly point toward a need for contractors to get into the sustainable building game. However, when I was first writing my Eeyore like thoughts most of the thoughts of all us construction attorneys were speculative. Whether because wholesale “green” construction was relatively new or because the court process was relatively slow, there were not many ways to test if our, shall we say “less optimistic,” predictions were going to come to pass. For better or worse, several of the more dire predictions have come true. One major green construction debacle is the Destiny USA litigation. I cannot possibly set out all of the various issues as well as my friend and colleague Chris Cheatham does in his e-book about the project and its aftermath. I highly recommend this e-book and the posts found at Chris’ Green Building Law Update blog for those of you interested in how the IRS, the USGBC and the Green Bonds Program interact to cause many a pitfall for construction and design professionals. Read the court decision
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    Reprinted courtesy of Christopher G. Hill, The Law Office of Christopher G. Hill, PC
    Mr. Hill may be contacted at chrisghill@constructionlawva.com

    Scientists Are Trying to Make California Forests More Fire Resilient

    June 21, 2021 —
    To the untrained eye, the scrubby slope off Wentworth Springs Road in the Eldorado National Forest looks like any other patch of Sierra Nevada ridgetop. Tufted in native shrubs and flecked by darkened pine stumps, it’s part of a 30,000-acre swath of land that was deforested in 2014, when the King Fire tore through 17 miles of canyon in less than six hours. But Dana Walsh can see what’s unique. On a recent Sunday morning, the USDA Forest Service forester bent over a white flag pinned into the ground to mark a barely-visible seedling. As she points to other seemingly camouflaged baby conifers nearby, what starts to emerge is a subtle pattern she calls cluster planting. “It’s tough to make out unless you know to look for it,” she said. “But once you see a tree, then you can spot the five or six planted near it. Then there’s nothing. Then there’s another five or six. Then there’s nothing.” Read the court decision
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    Reprinted courtesy of Laura Bliss, Bloomberg

    Crews Tested By Rocky Ground, Utility Challenges

    September 03, 2019 —
    Problematic utility locations and difficult ground conditions required the project team to develop innovative solutions on the University of Texas at San Antonio’s $95-million Science and Engineering Building. Reprinted courtesy of Louise Poirier, Engineering News-Record Ms. Poirier may be contacted at poirierl@enr.com Read the court decision
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    Reprinted courtesy of

    Seeking Better Peer Reviews After the FIU Bridge Collapse

    September 16, 2019 —
    On the surface, it seemed like an outrageous defensive move following a painful tragedy. Louis Berger Group has refused requests from the Dept. of Labor to hand over emails with FIGG Bridge Engineers about its peer review of the ill-fated Florida International University pedestrian bridge. The structure collapsed on March 15, 2018, killing six people and injuring several others. Read the court decision
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    Reprinted courtesy of Engineering News-Record
    ENR may be contacted at ENR.com@bnpmedia.com

    Owners and Contractors are Liable for Injuries Caused by their Independent Contractors under the “Peculiar Risk Doctrine”

    October 15, 2024 —
    Many contractors and owners believe that if they hire an independent contractor to perform work and that independent contractor causes injury to others during the performance of that work, then it is the independent contractor alone who will be liable for those injuries. In most circumstances, this is correct. The owner or the contractor will not be held liable for injuries caused by his or her independent contractor. However, this is not always the case. Under the “Peculiar Risk Doctrine” and California cases interpreting the doctrine, a contractor or owner who hires an independent contractor to do work which is considered to be “inherently dangerous work” can be still be held directly liable for damages when that independent contractor causes injury to others by negligently performing the work. Such liability can generally be imposed on the one hiring the independent contractor under either of two branches of the peculiar risk doctrine. First, where a person hires an independent contractor to do inherently dangerous work, but fails to provide in the contract or in some other manner that special precautions must be taken to avert the peculiar risk of injury related to that work, then the one hiring the independent contractor can be held liable for injuries to others caused by the independent contractor’s negligence. (Restatement Second of Torts Section 413). For example, in Mackey v. Campbell Construction Co. 101 Cal. App. 3d 774, 162 Cal. Rptr. 64 (1980), Western Electric Company, the owner of the project, was found liable for the personal injuries of a subcontractor’s employee because Western’s representatives were on the job at all times, had doubts about the safety of scaffolding being used on the project, yet failed to require use of precautions that could have been taken to avoid injury. Read the court decision
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    Reprinted courtesy of William L. Porter, Porter Law Group
    Mr. Porter may be contacted at bporter@porterlaw.com

    Sewage Treatment Agency Sues Insurer and Contractor after Wall Failure and Sewage Leak

    January 22, 2013 —
    Trial preparations continue over the failure of a wall at a sewage treatment plant and the failure of the insurer to provide coverage. The Binghamton-Johnson City Joint Sewage Treatment Plant sued its insurer, American Alternative Insurance Corp., in March 2012 over insurance coverage. AAIC claimed that the wall failure, which released hundreds of thousands of gallons of sewage, was due to structural defects which preceded the policy. AAIC did pay more than $300,000 for covered losses, although officials claim that coverage should be a further $3.5 million. Additionally, the board is suing the contractor who constructed the wall. Here, the operators of the sewage plant are seeking $20 million. The wall was built as part of a $67 million improvement project between 2004 and 2006. Read the court decision
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    Reprinted courtesy of