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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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    Building Expert News and Information
    For Fairfield Connecticut


    Give Way or Yield? The Jurisdiction of Your Contract Does Matter! (Law note)

    Avoiding 'E-trouble' in Construction Litigation

    Real Estate & Construction News Round-Up (09/21/22) – 3D Printing, Sustainable Design, and the Housing Market Correction

    London's Walkie Talkie Tower Voted Britain's Worst New Building

    Builders FirstSource to Buy ProBuild for $1.63 Billion

    Another TV Fried as Georgia Leads U.S. in Lightning Costs

    Insuring Lease/Leaseback Projects

    No Bond, No Recovery: WA Contractors Must Comply With WA Statutory Requirements Or Risk Being Barred From Recovery If Their Client Refuses To Pay

    New OSHA Vaccination Requirements For Employers With 100 Or More Employees (And Additional Advice for California Employers)

    Lease-Leaseback Fight Continues

    The Importance of the Recent Amendment to Rule 702 of the Federal Rules of Evidence

    Real Estate & Construction News Roundup (06/28/23) – Combating Homelessness, U.S. Public Transportation Costs and the Future of Commercial Real Estate

    Insured Cannot Sue to Challenge Binding Appraisal Decision

    Even Toilets Aren’t Safe as Hackers Target Home Devices

    Lewis Brisbois’ Houston Office Selected as a 2020 Top Workplace by the Houston Chronicle

    How Mushrooms Can Be Used To Make Particle Board Less Toxic

    Hunton Andrews Kurth Insurance Attorney, Latosha M. Ellis, Honored by Business Insurance Magazine

    New York Court Holds Radioactive Materials Exclusion Precludes E&O Coverage for Negligent Phase I Report

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    Failing to Release A Mechanics Lien Can Destroy Your Construction Business

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    Lewis Brisbois’ Houston Office Selected as a 2020 Top Workplace by the Houston Chronicle

    December 21, 2020 —
    Lewis Brisbois’ Houston office was recently selected for inclusion in the Houston Chronicle’s 2020 Top Workplaces section. To determine the recipients of this honor, the publication surveyed more than 37,000 Houston-area employees regarding their organization’s leadership, cooperation, communication, work-life balance, pay, and benefits. Based upon the employees’ feedback, the publication selected its Top Workplaces winners and announced them during a virtual awards ceremony in November. Houston Office Administrator Kristi Kraeger expressed excitement concerning this honor, explaining, “In the two years I have been with Lewis Brisbois, we have more than doubled in size. We have created a friendly, professional, team-oriented environment, and we strive to provide growth and opportunity to our employees.” Read the court decision
    Read the full story...
    Reprinted courtesy of David Oubre, Lewis Brisbois
    Mr. Oubre may be contacted at David.Oubre@lewisbrisbois.com

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

    September 19, 2022 —
    (August 18, 2022) - Best Lawyers has selected 149 Lewis Brisbois attorneys across 46 offices for inclusion in its list of 2023 Best Lawyers in America. It has also recognized four Lewis Brisbois partners on its "Lawyers of the Year" list: Chairman & Founding Partner Robert F. Lewis (Insurance Law); Portland Managing Partner Eric J. Neiman (Litigation - Health Care); Akron Managing Partner David Kern (Tax Law); and Roanoke Partner Paul C. Kuhnel (Medical Malpractice Law - Defendants). Please join us in congratulating these four partners and the following attorneys on their Best Lawyers recognition.
    • Nashville Partner Tara Aaron-Stelluto: Copyright Law
    • Pittsburgh Partner Andrew F. Adomitis: Mass Tort Litigation / Class Actions - Defendants
    • Fort Lauderdale Partner Vincent F. Alexander: Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law
    • Miami Partner Seth Alhadeff: Litigation - Insurance
    • Seattle Partner Randy J. Aliment: Commercial Litigation
    • Phoenix Partner Dina Anagnopoulos: Medical Malpractice Law - Defendants
    • Madison County Partner Charles S. Anderson: Mass Tort Litigation / Class Actions – Defendants
    • Reno Managing Partner Jack G. Angaran: Insurance Law, Litigation – Construction, Litigation - Real Estate
    Read the court decision
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    Reprinted courtesy of Lewis Brisbois

    Is The Enforceability Of A No-Damage-For-Delay Provision Inappropriate For Summary Judgment

    February 24, 2020 —
    Is the enforceability of a no-damage-for-delay provision inappropriate for resolution on a summary judgment? The recent decision in U.S. f/u/b/o Kingston Environmental Services, Inc. v. David Boland, Inc., 2019 WL 6178676 (D. Hawaii 2019), dealing with Florida law, suggests that it is inappropriate for a summary judgment resolution, particularly when there is a right to a jury trial. In this case, a prime contractor was hired on a federal construction project in Hawaii. The prime contractor hired a subcontractor and the subcontractor sued the prime contractor and its surety under the Miller Act. Of interest, the subcontractor was seeking to recover for the costs it incurred due to construction delays. The prime contractor moved for summary judgment as to the no-damage-for-delay provision in the subcontract. The no-damages-for-delay provision read as follows (and it is a well-written no-damage-for-delay provision): The Subcontractor expressly agrees that the Contractor shall not be liable to the Subcontractor for any damages or additional costs, whether foreseeable or unforeseeable, resulting in whole or in part from a delay, hindrance, suspension, or acceleration of the commencement or execution of the Work, caused in whole or in part by the acts or omissions, whether negligent or not, of the Contractor including other subcontractors or material suppliers to the Project, its agents, employees, or third parties acting on behalf of the Contractor. The Subcontractor’s sole remedy for any such delay, hindrance, suspension, or acceleration shall be a noncompensable time extension. 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

    Be Sure to Bring Up Any Mechanic’s Lien Defenses Early and Often

    November 27, 2023 —
    As those of you who regularly read Musings are aware, mechanic’s liens are a big part of my law practice and a big issue here at this construction law blog. I’ve discussed the picky requirements of the mechanic’s lien statutes in Virginia and how the 90 and 150-day rules are strictly enforced. However, a recent case out of the City of Norfolk Virginia Circuit Court cautions that while failure to meet these strict requirements may invalidate a lien, it only does so if the owner or general contractor seeking to invalidate the lien argues the invalidity and/or presents evidence of that invalidity either pretrial or during trial. In Premier Restoration LLC v. Barnes, the Court considered the following facts. The defendant homeowners had a house fire and the resulting damage was the subject of an insurance claim that was paid and checks sent to the homeowners. Premier filed a mechanic’s lien in response to Barnes’s failure to pay for Premier’s restoration construction services after Barnes’s home was destroyed by fire. Premier seeks a decree to enforce the lien, asking the court to order the sale of Barnes’s property to recover its damages or, alternatively, a judgment in its favor. With the Complaint seeking enforcement of the lien and damages for breach of contract, and this is a key point, Premier provided a copy of the mechanic’s lien along with the affidavit that is part of the statutory form swearing that the Owner was justly indebted to Premiere. The homeowners filed a counterclaim for unfinished work, including unfinished punch list work. After a trial during which no evidence regarding either the timeliness of the lien recording or whether any of the work sought to be encompassed in the lien was performed outside of the statutory 150-day window was presented by either side, the defendants filed a post-trial motion seeking to invalidate the lien as including sums for work outside of the 150-day window. 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

    Everyone's Moving to Seattle, and It's Stressing Out Sushi Lovers

    July 16, 2014 —
    Sooner or later, everyone moves to Seattle, went one saying in the city’s 1990s heyday. The trouble residents face now: What happens after everyone does? Known for hiking and the open spaces of the American West, Seattle is in the midst of another boom that’s made it the fastest-growing among the top 50 U.S. cities. That’s causing angst over density, affordability, crime and other issues more familiar to an East Coast metropolis. At the same time, pay is outpacing the national average and an already rich cultural life is thriving as new restaurants and nightspots open. “It’s a blessing,” Seattle Mayor Ed Murray, a 59-year-old Democrat, said of the growth. “But with it comes some real challenges.” Mr. Robison may be contacted at robison@bloomberg.net; Ms. Vekshin may be contacted at avekshin@bloomberg.net Read the court decision
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    Reprinted courtesy of Peter Robison and Alison Vekshin, Bloomberg

    BWB&O Partners are Recognized as 2022 AV Preeminent Attorneys by Martindale-Hubbell!

    December 06, 2021 —
    Congratulations to BWB&O Partners on their recognition in Martindale-Hubbell® as AV Preeminent attorneys. This honor is given to attorneys who are ranked at the highest level of professional excellence for their legal expertise, communication skills, and ethical standards by their peers. Newport Beach Partner, Nicole Whyte Newport Beach Partner, Keith Bremer Newport Beach Partner, John Toohey Newport Beach Partner, Jeremy Johnson Woodland Hills Partner, John O'Meara Woodland Hills Partner, Patrick Au Arizona Partner, John Belanger Las Vegas Partner, Peter Brown Las Vegas Partner, Lucian Greco Las Vegas Partner, Anthony Garasi San Diego Partner, Vik Nagpal San Diego Partner, Alexander Giannetto Read the court decision
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    Reprinted courtesy of Dolores Montoya, Bremer Whyte Brown & O'Meara LLP

    OSHA Updates: New Submission Requirements for Injury and Illness Records

    October 02, 2023 —
    In a revival of an OSHA recordkeeping rule originally implemented under the Obama administration in 2016 and "rolled back" by the Trump administration in 2019, OSHA issued a final rule on July 21, 2023, requiring certain establishments in high-hazard industries to submit additional injury and illness data electronically to OSHA. The Final Rule is found at 29 CFR 1904 and goes into effect on Jan. 1, 2024. What does this mean? On and after Jan. 1, 2024, OSHA will require employers with 100 or more workers in certain high-hazard industries to provide annual information from their Forms 300 and 301, in addition to the already-required electronic submission of Form 300A. Form 300 is the Log of Work-Related Injuries and Illnesses, including the specific injuries or illnesses and the employee names, while Form 301 is the corresponding Injury and Illness Incident Report, which includes additional details on each item listed on the 300 Log. Form300A is the corresponding Annual Summary showing the injury and illness totals for the year, including the number of cases, number of lost workdays, the injury and illness types, the average number of employees and the total hours employees worked. This Form 300A Annual Summary must be routinely submitted by employers with more than 250 employees on or before March 2 of each year for the prior year. Reprinted courtesy of Ashley Meredith Strittmatter and Chelsea N. Hayes, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Ms. Strittmatter may be contacted at astrittmatter@bakerdonelson.com Ms. Hayes may be contacted at cnhayes@bakerdonelson.com Read the court decision
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    Reprinted courtesy of

    Homebuilding Still on the Rise

    December 20, 2012 —
    The National Association of Home Builders reports that spending on private homes was up three percent in October 2012, bringing it to a four-year high. This was part of a trend in which fourteen of the last fifteen months have seen increases in spending on residential construction. Likewise, multifamily residences have seen thirteen months of increased spending, putting it 82% higher than its low, two years ago. In addition to new homes, remodeling is also up, reaching its highest point in five years. Read the court decision
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    Reprinted courtesy of