BERT HOWE
  • Nationwide: (800) 482-1822    
    Subterranean parking building expert Fairfield Connecticut multi family housing building expert Fairfield Connecticut production housing building expert Fairfield Connecticut condominium building expert Fairfield Connecticut institutional building building expert Fairfield Connecticut high-rise construction building expert Fairfield Connecticut casino resort building expert Fairfield Connecticut Medical building building expert Fairfield Connecticut office building building expert Fairfield Connecticut industrial building building expert Fairfield Connecticut tract home building expert Fairfield Connecticut concrete tilt-up building expert Fairfield Connecticut parking structure building expert Fairfield Connecticut housing building expert Fairfield Connecticut mid-rise construction building expert Fairfield Connecticut hospital construction building expert Fairfield Connecticut custom home building expert Fairfield Connecticut retail construction building expert Fairfield Connecticut low-income housing building expert Fairfield Connecticut townhome construction building expert Fairfield Connecticut landscaping construction building expert Fairfield Connecticut custom homes building expert Fairfield Connecticut
    Fairfield Connecticut eifs expert witnessFairfield Connecticut forensic architectFairfield Connecticut architecture expert witnessFairfield Connecticut consulting architect expert witnessFairfield Connecticut reconstruction expert witnessFairfield Connecticut concrete expert witnessFairfield Connecticut civil engineering expert witness
    Arrange No Cost Consultation
    Building Expert Builders Information
    Fairfield, Connecticut

    Connecticut Builders Right To Repair Current Law Summary:

    Current Law Summary: Case law precedent


    Building Expert Contractors Licensing
    Guidelines Fairfield Connecticut

    License required for electrical and plumbing trades. No state license for general contracting, however, must register with the State.


    Building Expert Contractors Building Industry
    Association Directory
    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


    OPINION: Stop Requiring Exhibit Lists!

    Oregon Duty to Defend Triggered by Potential Timing of Damage

    Couple Perseveres to Build Green

    Construction Defects Lead to Demolition

    You Have Choices (Litigation Versus Mediation)

    Predicting Our Future with Andrew Weinreich

    Construction Industry Groups Challenge DOL’s New DBRA Regulations

    Albert Reichmann, Builder of NY, London Finance Hubs, Dies at 93

    Partners Patti Santelle and Gale White honored by as "Top Women in Law" The Legal Intelligencer

    Forcible Entry and Detainer Actions: Courts May Not Consider Tenant’s Hardship

    Terminating A Subcontractor Or Sub-Tier Contractor—Not So Fast—Read Your Contract!

    The Problem with One Year Warranties

    No Coverage for Construction Defect Claim Only Impacting Insured's Work

    Judge Rejects Extrapolation, Harmon Tower to Remain Standing

    Communicate with the Field to Nip Issues in the Bud

    Supreme Court Holds Arbitrator can Fully Decide Threshold Arbitrability Issue

    Construction Litigation Roundup: “Indeed, You Just Design ‘Em”

    What ‘The Curse’ Gets Wrong About Passive House Architecture

    Biggest U.S. Gas Leak Followed Years of Problems, State Says

    Focusing on Design Elements of the 2014 World Cup Stadiums

    Hawaiian Electric Finalizes $2 Billion Maui Fire Settlement

    Architect Searches for Lost Identity in a City Ravaged by War

    Illinois Supreme Court Announces Time Standards for Closing Out Cases

    Texas covered versus uncovered allocation and “legally obligated to pay.”

    Residential Interior Decorator Was Entitled to Lien and Was Not Engaging in Unlicensed Contracting

    Dispute Over Exhaustion of Primary Policy

    New York Converting Unlikely Buildings into Condominiums

    'There Was No Fighting This Fire,' California Survivor Says

    New York Court Holds Insurer Can Rely on Exclusions After Incorrectly Denying Defense

    Colorado Drillers Show Sensitive Side to Woo Fracking Foes

    CGL Insurer’s Duty To Defend Broader Than Duty To Indemnify And Based On Allegations In Underlying Complaint

    Not Just Another Client Alert about Cyber-Risk and Effective Cybersecurity Insurance Regulatory Guidance

    Will The New U.S.-Mexico-Canada Trade Deal Calm Industry Jitters?

    Form Contracts are Great, but. . .

    Reference to "Man Made" Movement of Earth Corrects Ambiguity

    Additional Insured Not Entitled to Indemnity Coverage For Damage Caused by Named Insured

    Texas LGI Homes Goes After First-Time Homeowners

    Los Angeles Construction Sites May Be on Fault Lines

    First-Time Homebuyers Make Biggest Share of Deals in 17 Years

    NYC Building Explosion Kills Two After Neighbor Reports Gas Leak

    Attorneys’ Fees Are Available in Arizona Eviction Actions

    The Woodland Hills Office Secures a Total Defense Award on Behalf of their High-End Custom Home Builder Client!

    Utah Digs Deep and Finds “Design Defect” Includes Pre-Construction Geotechnical Reports

    Midview Board of Education Lawsuit Over Construction Defect Repairs

    Re-Thinking the One-Sided Contract: Considerations for a More Balanced Approach to Contracting

    Philadelphia Voters to Consider Best Value Bid Procurment

    On-Site Supersensing and the Future of Construction Automation – Discussion with Aviad Almagor

    Manhattan Gets First Crowdfunded Condos

    Construction Litigation Roundup: “It’s None of Your Business.”

    Texas Supreme Court to Rehear Menchaca Bad Faith Case
    Corporate Profile

    FAIRFIELD CONNECTICUT BUILDING EXPERT
    DIRECTORY AND CAPABILITIES

    The Fairfield, Connecticut Building Expert Group is comprised from a number of credentialed construction professionals possessing extensive trial support experience relevant to construction defect and claims matters. Leveraging from more than 25 years experience, BHA provides construction related trial support and expert services to the nation's most recognized construction litigation practitioners, Fortune 500 builders, commercial general liability carriers, owners, construction practice groups, and a variety of state and local government agencies.

    Building Expert News & Info
    Fairfield, Connecticut

    Equal Access to Justice Act Fee Request Rejected in Flood Case

    January 06, 2020 —
    The insured's claim for fees under the Equal Access to Justice Act (EAJA) for seeking coverage under a flood policy was rejected. Hampson v. Wright Nat'l Flood Ins. Co., No. 4:19-cv-10083-KMM (S.D. Fla. Aug. 11, 2019)(Order on Motion to Dismiss). The order is here. The insurer did not compensate plaintiff for flood-related damages under the terms of a Standard Flood Insurance Policy (SFIP). The insurer was a Write-Your-Own (WYO) Program insurance carrier participating in the National Flood Insurance Program (NFIP). By statute, a WYO carrier acts as a "fiscal agent" and "fiduciary" of the United States. The insured's property suffered damage from a hurricane. The insured sued the carrier for breach of contract and attorney's fees under EAJA. The insurer moved to dismiss the claim for fees under EAJA. A party could recover fees and costs under the EAJA as the prevailing party in a case "brought by or against the United States . . . unless the court finds the position of the United States was substantially justified." 28 U.S.C. 2412 (d) (1) (A), (b). The statute defined the "United States" to include "any agency and any official of the United States acting in his or her official capacity." However, attorney's fees were not recoverable under the EAJA in cases for breach of an SFIP brought against a WYO program insurance carrier participating in the NFIP because WYO carriers were not considered "agencies" under the EAJA. Read the court decision
    Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    Insurer Has Duty to Defend Despite Construction Defects

    January 06, 2012 —

    In a case the judge attributed to “shoddy masonry work,” the US District Court of Illinois has rendered a decision in AMCO Insurance Company v. Northern Heritage Builders. Northern Heritage built a home in Chicago for Michael McGrath (who joined Northern Heritage as a defendant). According to the decision, “seven months after he moved into the house, McGrath noticed water coming in the house and warped millwork.” This was attributed to porous block, installed by the mason with Northern Heritage’s knowledge.

    McGrath sued National Heritage for both the damage to his house and its contents. The court rejected his claim for the contents. For the damages to his house, he was awarded $601,570.50 in damages. He also sued his homeowner’s insurance carrier for damages not covered in his suit against National Heritage. There he was awarded $1,130,680.16.

    AMCO informed National Heritage that it had neither duty to defend nor duty to indemnify. The judge considered whether AMCO had a duty to defend. Under Illinois law, “damage to a construction project resulting from construction defects is not an ‘accident’ or ‘occurrence’ because it represents the natural and ordinary consequence of faulty construction.” However, it is noted that while if the defects lead only to damage to the project itself, there is no occurrence, “if the building owner asserts damages to other property besides the construction itself, there is an ‘occurrence’ and ‘property damage.’” The judge further noted that were construction defects an occurrence, “shoddy work” would be rewarded by double pay, once by the homeowner and a second time by the insurer. Judge Kendall concluded that as McGrath had alleged damage to the contents of his house, AMCO had a duty to defend National Heritage.

    She then looked at the issue of whether AMCO had a duty to indemnify. Should they pay the $601,570.50? Judge Kendall noted that “the duty to indemnify is narrower than the duty to defend.” The key point here was that once McGrath’s insurance carrier covered him for the damage to the contents of his house, “AMCO’s duty to defend ended.” Once McGrath “only sought damages for the natural consequences of faulty workmanship” there was no occurrence, hence nothing for AMCO to cover.

    Judge Kendall granted a summary dismissal of AMCO’s claim that they had no duty to defend while upholding their claim that they had no duty to indemnify.

    Read the court’s decision…

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

    Four Key Steps for a Successful Construction Audit Process

    May 03, 2021 —
    The implications of the audit provisions contained in construction agreements between owners and contractors owners extend far beyond post-completion bean counting, and can affect multiple aspects of a project, from project administration to relationships with key subcontractors. It is critically important that contractors give audits the attention they deserve by taking the following four steps. First, invest the time to negotiate the audit provisions that ultimately appear in contracts with the owner. Second, ensure that the project team and the owner’s project auditors engage in timely communication during construction. Third, make certain that post-completion audit administration is prompt and complete. And finally, carefully draft adequate “flow-down” provisions with subcontractors and vendors so that they understand and comply with their contractual obligations, as well as the expectations of the contractor and owner. All four aspects are critical, and if not addressed effectively can undermine the profitability of the contract, and contractors’ business relationships with both upstream and downstream parties. Negotiations At the outset of contract negotiations, a contractor must completely understand the owner’s audit process expectations. An owner’s understanding of the audit process and its potential pitfalls depends on their own experience, as well as the knowledge of their personnel, including internal audit members and external auditors. Negotiations, which like the audit itself need not be adversarial, can be educational for both the owner and any representatives involved. Read the court decision
    Read the full story...
    Reprinted courtesy of Ronald L. Williams, Fox Rothschild LLP
    Mr. Williams may be contacted at rwilliams@foxrothschild.com

    Town Concerned Over Sinkhole at Condo Complex

    September 24, 2013 —
    Despite the assurances of their engineering firm, the township of Old Bridge, New Jersey has yet to release the performance bond to the construction of Plaza Grande, a condominium complex for residents over 55. One resident summarized the problem for the Suburban, a newspaper for towns in the area. “Our major concern is a sinkhole near Building 4 that has come back several times.” D.R. Horton, the developer on the project, has dug out the sinkhole, then backfilled and compacted it. However , one member of the Old Bridge Township Council said that she noticed that the area was beginning to sink again. The council member, Mary Sohor, said that Horton “should’ve dug a little deeper and did a little more.” D.R. Horton said that the issues do not affect the safety of the residents and attribute them to seasonal wear and tear. Read the court decision
    Read the full story...
    Reprinted courtesy of

    Washington Court of Appeals Upholds Standard of Repose in Fruit Warehouse Case

    August 04, 2011 —

    On July 28, the Washington Court of Appeals ruled in Clasen Fruit & Cold Storage v. Frederick & Michael Construction Co., Inc. that more than six years had passed since a contractor had concluded work and so granted a summary dismissal of the suit.

    Frederick & Michael Construction Co., Inc. (F&M) was contracted to construct several buildings for Clasen Fruit and Cold Storage. These were completed in March, 1999. The buildings suffered wind damage to the roofs in 2001, 2003, 2005, and 2006. In the first two incidents, F&M repaired the roofs with Clasen paying for repairs.

    In 2005, Clasen hired Continuous Gutter to make repairs. The final incident was the collapse of the roof of one building. This was attributed to “excessive moisture in the roof’s vapor barriers.” At this point, Clasen demanded that F&M pay for repair and replacement costs. In 2008, Clasen sued F&M for damages for breach of contract and negligent design and construction of the roof.

    The decision then covered the meanings, in Washington law, of “termination of services” and “substantial completion.” The panel concluded that construction was “substantially completed in 1997” and “relevant services” by 2001. “But Clasen did not sue until 2008, some seven years after termination of any roof related services.”

    Read the court’s decision…

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

    Pennsylvania Modular Home Builder Buys Maine Firm

    December 11, 2013 —
    Excel Homes, a modular home builder based in Liverpool, Pennsylvania, has bought Keiser Homes, a modular home builder based in Oxford Hills, Maine. Excel sought to increase their capacity, which acquisition of the Oxford Hills facility allows. Excel had previously shown an interest in the property of an Oxford Hills modular home builder that had closed, Oxford Homes, but a decrease in sales of modular homes lead Excel to reconsider the purchase. Excel Homes plans on doubling the current output of the Oxford Hills facility and will be hiring additional employees. The purchase included all of Keiser’s machinery, trucks, trailers, equipment, and the customer list. Read the court decision
    Read the full story...
    Reprinted courtesy of

    New Index Tracking Mortgages for New Homes

    June 18, 2014 —
    The National Association of Home Builders’ Eye on Housing reported that the Mortage Bankers Association (MBA) completed their Builder Application Survey (BAS), which demonstrated that “mortgage applications for new home purchases decreased by a not seasonally adjusted monthly rate of 8.4% in May 2014. However, on a 12-month basis, mortgage applications for new home purchases in May 2014 were 4.9% higher than their level in May 2013.” According to Eye on Housing, “This is the fifth consecutive month of year-over-year increases in mortgage applications for new home purchases.” Read the court decision
    Read the full story...
    Reprinted courtesy of

    Construction Defect Claims Not Covered

    May 10, 2022 —
    The court found that the insured's negligent acts causing damage to only the structure of the home it built were not covered under the CGL policy. Westfield Ins. Co. v. Zaremba Builders II LLC, 2022 U.S. Dist. LEXIS 36189 (N.D. Ill. March 2, 2022). Zaremba contracted to build a house for the Vrdolyak Trust. After completion of the home, the occupants found many problems, including painting defects such as bubbling and peeling, leaving the basement full of water for months, causing damage to ductwork, framing and piping in the house, etc. The Trust sued and Westfield denied a defense. Westfield filed a declaratory judgment action for a ruling that it had no duty to defend or indemnify. On Westfield's motion for summary judgment, the court determined there was no property damage. Property damage included "physical injury to tangible property." When the alleged damage occurred in the course of a construction project, tangible property had to be property outside the scope of the contract for project. Read the court decision
    Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at te@hawaiilawyer.com