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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
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    Rocky Hill, CT 06067

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    Local # 0755
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    Building Expert News and Information
    For Fairfield Connecticut


    Construction Defect Claim not Barred by Prior Arbitration

    As Single-Family Homes Get Larger, Lots Get Smaller

    Denver Council Committee Approves Construction Defects Ordinance

    ADA Lawsuits Spur Renovation Work in Fresno Area

    Do Not Pass Go! Duty to Defend in a Professional Services Agreement (law note)

    Don’t Assume Your Insurance Covers A Newly Acquired Company

    Court Agrees to Stay Coverage Matter While Underlying State Action is Pending

    Difficult Task for Court to Analyze Delay and Disorder on Construction Project

    Fannie-Freddie Elimination Model in Apartments: Mortgages

    Ways of Evaluating Property Damage Claims in Various Contexts

    Attorneys Fees Under California’s Prompt Payment Statutes. Contractor’s “Win” Fails the Sniff Test

    Appellate Court Endorses Discretionary Test for Vicarious Disqualification of Law Firms Due To New Attorney’s Conflict

    From ‘Cuckoo’s Egg’ to Today’s Cyber Threat Landscape

    Solar Energy Isn’t Always Green

    Vancouver’s George Massey Tunnel Replacement May Now be a Tunnel Instead of a Bridge

    What California’s COVID-19 Reopening Means for the Construction Industry

    Clean Energy and Conservation Collide in California Coastal Waters

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    Gordon & Rees Ranked #4 of Top 50 Construction Law Firms in the Nation by Construction Executive Magazine

    Insurer's Motion in Limine to Dismiss Case for Lack of Expert Denied

    Catching Killer Clauses in Contract Negotiations

    Construction Defects and Warranties in Maryland

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    Students for Fair Admissions: Shaking the Foundations of EEOC Programs and M/WBE Requirements

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

    Good-To-Know Points Regarding (I) Miller Act Payment Bonds And (Ii) Payment Bond Surety Compelling Arbitration

    Navigating Complex Preliminary Notice Requirements

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    Three-Year Delay Not “Prompt Notice,” But Insurer Not “Appreciably Prejudiced” Either, New Jersey Court Holds

    Quick Note: Subcontractor Payment Bond = Common Law Payment Bond

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    BOOK CLUB SERIES: Everything You Want to Know About Construction Arbitration But Were Afraid to Ask

    October 30, 2023 —
    I recently had the pleasure of speaking with construction law notables John Foust and Andy Ness to discuss the release of their new book—Construction Arbitration: The Advocate’s Practical Guide. The goal of their book: to teach attorneys what they need to know to maximize their effectiveness in the arbitration context. To that end, the book covers every aspect of the arbitration process including motion practice, conduct as an advocate, presentation of the case, and post-hearing submissions. Read on for Andy and John’s candid, behind-the-scenes take on how this book came to be and why you should get your copy now, while supplies last! Q: Who is the target audience for this book? Andy: In the editing process (and in writing my own chapter on Navigating an International Construction Arbitration) I pretended that I was speaking with a construction lawyer who was a few years out of law school, with some litigation experience, who was getting ready to take on a significant and complex construction arbitration for the first time. The book presupposes knowledge of the basics and tries to anticipate the questions that would be asked when you are trying to think through the whole arbitration process from start to finish. What should my pleadings look like? How much discovery am I likely to be able to obtain? How should my demeanor be different from what I would do in a courtroom? How much should I object during the hearing? In a nutshell, it’s “What do I need to know to maximize my chances of success in the arbitration setting?” Read the court decision
    Read the full story...
    Reprinted courtesy of Marissa L. Downs, Laurie & Brennan, LLP
    Ms. Downs may be contacted at mdowns@lauriebrennan.com

    New Home Permits Surge in Wisconsin

    October 10, 2013 —
    September saw a 42% increase in the number of permits issued to build new homes in the metro areas of Wisconsin. MTD Marketing Services of Wisconsin described it as “another good month as starts continue to increase across the state.” In September 2012, 266 permits were issued, while September 2013 saw that increase to 378. Read the court decision
    Read the full story...
    Reprinted courtesy of

    Real Estate & Construction News Roundup (5/22/24) – Federal Infrastructure Money, Hotel Development Pipelines, and Lab Space Construction

    June 17, 2024 —
    In our latest roundup, Virginia’s governor signs two bills into law, $929 billion in outstanding commercial mortgages come due, banks prepare for delinquencies related to office space, and more!
    • Demand for lab space is set to ramp up, with market activity expected to increase in the coming months. (Joe Burns, Construction Dive)
    • Federal infrastructure money is keeping the country’s infrastructure woes from getting worse, but that progress will be lost when that funding ends. (Julie Strupp, Construction Dive)
    • In the first quarter of 2024, several major hotel companies saw their revenues down—or lower than expected—but their development pipelines were up. (Jenna Walters, Hotel Dive)
    Read the court decision
    Read the full story...
    Reprinted courtesy of Pillsbury's Construction & Real Estate Law Team

    When Subcontractors Sue Only the Surety on Payment Bond and Tips for General Contractors

    August 13, 2019 —
    Payment bonds have been a staple of public construction projects since 1874, when the U.S. Congress first passed the Heard Act, which required that contractors obtain payment bonds for public projects to ensure that subcontractors and material suppliers have a way to recover their damages if an upstream contractor fails to pay for work performed and materials furnished on the project. The 1874 Heard Act has since been replaced by the 1935 Miller Act, and the concept has been expanded to construction projects funded by the states through state statutes known as “Little Miller Acts.” But the structure remains the same: On most public projects where the project’s cost exceeds $100,000, the prime contractor (the bond principal) is required to obtain a payment bond from a surety equal to the contract price to guarantee to subcontractors and material suppliers (the bond obligees) that the surety will pay for labor and materials under certain statutory or contractual conditions should the contractor fail to make payment. A surety is jointly and severally liable with the contractor to the subcontractor, which means that the subcontractor may seek recovery against either the contractor or the surety or both, and the contractor and surety will be liable for the damages together. Put another way, in most states and in federal court, an unpaid subcontractor has the right to sue only the surety on the payment bond without joining the contractor because a contract of suretyship is a direct liability of the surety to the subcontractor.1 When the contractor fails to perform, the surety becomes directly responsible at once — it is unnecessary for the subcontractor to establish that the contractor failed to carry out its contract before the obligation of the surety becomes absolute. Reprinted courtesy of Ira M. Schulman, Pepper Hamilton LLP and Emily D. Anderson, Pepper Hamilton LLP Mr. Schulman may be contacted at schulmani@pepperlaw.com Ms. Anderson may be contacted at andersone@pepperlaw.com Read the court decision
    Read the full story...
    Reprinted courtesy of

    Dealing with Hazardous Substances on the Construction Site

    July 10, 2018 —
    For this week’s Guest Post Friday here at Construction Law Musings, we welcome Vickie Lane. Vickie is the primary point of contact for Business Development with HAZMAT Plans & Programs, a consulting and training firm that also works under the name of HP&P Safety. Vickie’s functions with HP&P include extensive pre-project research and support though estimating, planning and cost administration. Vickie attended Ohio State University and now enjoys her role as a first time grandmother and spending free time up in the Colorado Rocky Mountains. Vickie can be reached at vlane@hppsafety.com or on Twitter @HAZMATPlans and @hpandpsafety. Most of us perceive hazards on a construction site to be those that can be readily visualized or perhaps easily imagined, like trench cave-ins or falls from heights. These are the obvious, but what about the nocuous, microscopic hazards that can’t be seen by the human eye, but can destroy the health of your workers? Welcome to the world of hazardous materials. The inherent danger associated with hazardous substances is workers might not be not aware of exposure. Think of a snake in the dark scenario. If it is a rattlesnake, you have warning before the bite. A cobra on the other hand gives no such warning and the bite can be fatal. So it can be with hazardous and toxic substances. Read the court decision
    Read the full story...
    Reprinted courtesy of Christopher G. Hill, The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at chrisghill@constructionlawva.com

    Construction Defect Litigation at San Diego’s Alicante Condominiums?

    March 25, 2011 —

    According to recent posts in the Alicante HOA website, construction experts and legal counsel have been retained. The HOA board has been informed that testing of a variety of the building’s components are underway or will begin in the near future.

    Read More...

    Read the court decision
    Read the full story...
    Reprinted courtesy of

    Primer Debuts on Life-Cycle Assessments of Embodied Carbon in Buildings

    August 20, 2018 —
    A recently released primer for the use of a life-cycle assessment approach to analyze the environmental impacts of buildings is considered a small but necessary step toward the ambitious goal of getting to net-zero embodied carbon and operational greenhouse gas emissions in the construction, operation and decommissioning of buildings. The LCA guide comes after the release of the first-of-its-kind benchmarking database of embodied carbon in existing buildings. And another first—a tool to calculate embodied carbon in construction—is on the horizon. Read the court decision
    Read the full story...
    Reprinted courtesy of Engineering News-Record
    ENR may be contacted at ENR.com@bnpmedia.com

    Virtual Reality for Construction

    July 14, 2016 —
    Paradoxically, Virtual Reality (VR) technologies are still lagging behind the visions that people have for their use. However, VR has already demonstrated its capacity to change the ways we design, make decisions about, and produce built environments. Is VR finally feasible? Two AEC Hackathons and meetings with certain startups have made me think that Virtual Reality (VR) might finally break through in construction. There are two reasons for my belief. Firstly, 3D and building information modeling (BIM) are widely adopted in the industry. The idea of virtual buildings and environments is nothing new and has become very natural. Secondly, there’s a growing interest in Gaming and Entertainment VR investments. This will push the technology forward and make it affordable to consumers. Read the court decision
    Read the full story...
    Reprinted courtesy of Aarni Heiskanen, AEC Business
    Mr. Heiskanen may be contacted at aarni@aepartners.fi