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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

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    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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    Local # 0755
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    Rocky Hill, CT 06067

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    Local # 0710
    110 Brook St
    Torrington, CT 06790

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    Bloomfield, CT 06002

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    Building Expert News and Information
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    Why’d You Have To Say That?

    One Word Makes All The Difference – The Distinction Between “Pay If Paid” and “Pay When Paid” Clauses

    Renters Trading Size for Frills Fuel U.S. Apartment Boom

    The Quiet War Between California’s Charter Cities and the State’s Prevailing Wage Law

    Reminder About the Upcoming Mechanic’s Lien Form Change

    Texas Shortens Cut-Off Date for Suits Against Homebuilders Who Provide a 6-Year Written Warranty

    General Contractors Must Plan to Limit Liability for Subcontractor Injury

    Mississippi Sues Over Public Health Lab Defects

    Texas contractual liability exclusion

    Chimney Collapses at South African Utility’s Unfinished $13 Billion Power Plant

    Florida trigger

    Mandatory Arbitration Provision Upheld in Construction Defect Case

    Chinese Millionaire Roils Brokers Over Shrinking Mansion

    State of Texas’ Claims Time Barred by 1982 Nuclear Waste Policy Act

    Residential Building Sector: Peaking or Soaring?

    You Can Now Build a Multi-Million Dollar Home via Your iPad

    Ohio “property damage” caused by an “occurrence.”

    ASCE Statement on Senate Passage Of Infrastructure Investment and Jobs Act

    Landmark Towers Association, Inc. v. UMB Bank, N.A. or: One Bad Apple Spoils the Whole Bunch

    California Courts Call a “Time Out” During COVID-19 –New Emergency Court Rules on Civil Litigation

    Ongoing Operations Exclusion Bars Coverage

    Alabama Still “An Outlier” on Construction Defects

    Matthew Graham Named to Best Lawyers in America

    TxDOT, Flatiron/Dragados Mostly Resolve Bridge Design Dispute

    Be Strategic When Suing a Manufacturer Under a Warranty with an Arbitration Provision

    Sixth Circuit Rejects Claim for Reverse Bad Faith

    New Orleans Reviews System After Storm Swamps Pumps

    The Anatomy of a Construction Dispute- The Claim

    Court Denies Insurers' Motions for Summary Judgment Under All Risk Policies

    Construction Contract Basics: Attorney Fee Provisions

    Manhattan Gets First Crowdfunded Condos

    Traub Lieberman Partner Kathryn Keller and Associate Steven Hollis Secure Final Summary Judgment in Favor of Homeowner’s Insurance Company

    The Burden of Betterment

    A Chicago Skyscraper Cements the Legacy of a Visionary Postmodern Architect

    Construction Litigation Roundup: “Give a Little Extra …”

    Liability Coverage For Construction Claims May Turn On Narrow Factual Distinctions

    Consider Short-Term Lease Workouts For Commercial Tenants

    Real Estate & Construction News Round-Up (05/18/22)

    PSA: Pay If Paid Ban Goes into Effect on January 1, 2023

    Nevada Bill Would Bring Changes to Construction Defects

    Foreclosure Deficiency: Construction Loan vs. Home Improvement Loan

    JD Supra’s 2017 Reader’s Choice Awards

    Home-Sales Fall in 2014 Has U.S. Waiting for 2015: Economy

    The Ghosts of Baha Mar: How a $3.5 Billion Paradise Went Bust

    Court finds subcontractor responsible for defending claim

    Critical Updates in Builders Risk Claim Recovery: Staying Ahead of the "Satisfactory State" Argument and Getting the Most Out of LEG 3

    Just Because You Record a Mechanic’s Lien Doesn’t Mean You Get Notice of Foreclosure

    NYC Hires Engineer LERA for Parking Garage Collapse Probe

    Excess Policy Triggered Once Retention Paid, Even if Loss Not Covered By Excess

    The Construction Lawyer as Counselor
    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

    School Blown Down by Wind Still Set to Open on Schedule

    November 06, 2013 —
    The framing was going up for a new elementary school in Pasco, Ohio, when winds of about 60 miles per hour ripped the area. The winds brought down part of the structure. School district officials met with the contractor, Fowler Construction. John Morgan, the assistant director of operations for the Pasco School District, said that they did not “anticipate any delay in the opening of the new school.” Groundbreaking at the school happened in June and the school is scheduled to be open in the fall. The damage had not yet been determined. Read the court decision
    Read the full story...
    Reprinted courtesy of

    Digitalizing Cross-Laminated Timber Construction

    August 28, 2018 —
    A Finnish experimentation project has made cross-laminated timber construction more productive and creative by using digital modeling. The office of &’ [Emmi Keskisarja & Janne Teräsvirta & Company Architects Ltd] looks rather like a prototype workshop. Intriguing scale models, a 3D printer, and a small CNC machine all give clues about the architects’ current project. They’re determined to make wood construction more collaborative and creative using digital technologies and cross-laminated timber (CLT). Plenty of Room for Improvement “I’m going to present our KIRA-digi project at WDBE 2018 in September. Incidentally, our wooden installation will be on display during Helsinki Design Week,” says Keskisarja. “We want to communicate with the public, not just within our professional circles, as architects typically do. The theme of the week is trust, something that’s missing in today’s construction.” Read the court decision
    Read the full story...
    Reprinted courtesy of Aarni Heiskanen, AEC Business
    Mr. Heiskanen may be contacted at aec-business@aepartners.fi

    Lewis Brisbois Ranked Tier 1 Nationally for Insurance Law, Mass Tort/Class Actions Defense by U.S. News/Best Lawyers

    November 21, 2022 —
    (November 3, 2022) - Lewis Brisbois has once again been ranked Tier 1 nationally by U.S. News & World Report/Best Lawyers for ‘Insurance Law’ and ‘Mass Tort Litigation / Class Actions – Defendants,’ as well as ranking Tier 1 in 14 different practice areas across 15 metro regions. In addition to Lewis Brisbois' national ranking, the firm also ranked Tier 1 for ‘Insurance Law’ in the Philadelphia, Reno, and Tampa metro areas, and Tier 1 for ‘Mass Tort Litigation / Class Actions – Defendants’ in the Los Angeles area. The firm was also ranked Tier 1 in the following regional categories:
    • ‘Commercial Litigation’ in Akron;
    • ‘Corporate Governance Law’ in San Francisco;
    • ‘Corporate Law’ in Akron;
    • ‘Environmental Law’ in Washington, D.C.;
    • ‘Litigation - Health Care’ in Portland, Ore. and Roanoke;
    • ‘Litigation – Municipal’ in Wichita;
    • ‘Medical Malpractice Law – Defendants’ in Chicago and Roanoke;
    • ‘Mergers & Acquisitions Law’ in Akron;
    • ‘Personal Injury Litigation – Defendants’ in Chicago, Inland Empire, New York City, Orange County, Roanoke, and Seattle;
    • ‘Product Liability Litigation – Defendants’ in Philadelphia;
    • ‘Tax Law’ in Akron; and
    • ‘Trusts & Estates Law’ in Akron.
    Read the court decision
    Read the full story...
    Reprinted courtesy of Lewis Brisbois

    Recovery Crews Swing Into Action as Hurricane Michael Departs

    October 23, 2018 —
    By the time the blustery remnants Hurricane Michael departed the East Coast around mid day on Oct. 12, with one last lashing of eastern regions from Virginia to New York, the trail of woe stretched from the Florida Panhandle through the southeastern states and well up the Eastern Seaboard. Authorities report the death toll stood at 16, with victims in Florida, Georgia, North Carolina and Virginia. Reprinted courtesy of ENR reporters Tom Sawyer, Luke Abaffy, Thomas F. Armistead and Jim Parsons Mr. Sawyer may be contacted at sawyert@enr.com Read the court decision
    Read the full story...
    Reprinted courtesy of

    Using Lien and Bond Claims to Secure Project Payments

    March 01, 2021 —
    While suing in court for payment on a construction project is nothing new, the very notion of non-payment tends evokes images of hard-working contractors and subcontractors, working with tight margins, owed payment for services rendered and materials. Fortunately, for general contractors and subcontractors in the construction industry, there are better remedies for securing payment on a project before it becomes a bigger issue. Construction projects, especially large public ones, usually include a dizzying array of general contractors, subcontractors and independent contractors, sometimes numbering more than a hundred entities. The inter-connected groups of companies working toward the goal of project completion require competent construction management in order to stay on time and on budget for completion. One of the project owner’s key tools used to ensure the process runs smoothly is the use of payment bonds and surety bonds. Payment Bonds Payment bonds ensure that contractors and subcontractors get paid for work performed in accordance with contract conditions. Disputes can occur before, during and even after the completion of work. Injunctive lawsuits, which contemplate the stoppage of work, would be detrimental to completing a public or private construction project of substantial size. Rather than having such minor disputes derail the entire project, the aggrieved party’s remedy is to file a claim against the payment bond, which offers a solution designed to keep the issue separate from the project’s completion. The payment bond also allows the project owner to transfer risk. Reprinted courtesy of Jonathan Cheatham, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
    Read the full story...
    Reprinted courtesy of

    Rihanna Gained an Edge in Construction Defect Case

    January 29, 2014 —
    In depositions taken last week, the former owner of Rihanna’s “dream home” in Los Angeles, California, alleged “that he’d told brokers Prudential California Realty of the house’s issues,” according to Inquisitr. However, Rihanna, the singer and recent Grammy Award winner, claims that Prudential “didn’t inform” her “of these problems before she moved in, in 2009.” Rihanna has claimed that roof leaks “ruined a sound system that she’d had custom-fitted into her new abode, which cost her $6.9 million, and it also lead to mold growing on some of her designer garments too.” The singer claims to have been “tricked” into purchasing the property: “’the actual value of the property at the time of purchase, taking into consideration the extensive construction defects… was millions of dollars less’” than what she ultimately paid for it.” Read the court decision
    Read the full story...
    Reprinted courtesy of

    How Many New Home Starts are from Teardowns?

    April 15, 2015 —
    In a NAHB/Wells Fargo Housing Market Index survey, builders were asked “Of the homes you started in 2014, approximately what share were on a site where a previous structure, or evidence of a previous structure, was present before you started?” According to the NAHB, the surveyors reported that “[o]n average, weighted by starts, […] just under five percent of their starts were teardowns according to the survey’s criterion.” When compared to census data, it equates to 31,800 single-family teardown starts in 2014. Read the court decision
    Read the full story...
    Reprinted courtesy of

    Reasonableness of Liquidated Damages Determined at Time of Contract (or, You Can’t Look Back Again)

    October 05, 2020 —
    I’ve discussed the continuing litigation between White Oak Power Constructors v. Mitsubishi Hitachi Power Systems Americas, Inc. previously here at Construction Law Musings because the case was another reminder that your construction contract terms matter and will be interpreted strictly here in the Commonwealth of Virginia. The prior opinion in this case from the Eastern District of Virginia court the Court considered the applicability of a liquidated damages provision. In the latest opinion from the Court (PDF) the Court looked at when and how any liquidated damages would be calculated. In its June 22, 2020 opinion, the Court put the issue as follows:
    White Oak’s motion for partial summary judgment presents a narrow issue: whether courts may consider the damages actually sustained by a party as a result of a contract breach when deciding if liquidated damages required by a contract “grossly exceed” a party’s actual damages.
    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