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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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    3 Regency Dr Ste 204
    Bloomfield, CT 06002

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    Building Expert News and Information
    For Fairfield Connecticut


    Buyer's Demolishing of Insured's Home Not Barred by Faulty Construction Exclusion

    The “Your Work” Exclusion—Is there a Trend against Coverage?

    Alleged Serious Defects at Hanford Nuclear Waste Treatment Plant

    Message from the Chair: Kelsey Funes (Volume I)

    Atlanta Office Wins Defense Verdict For Property Manager On Claims By Vendor, Cross-Claims By Property Owner

    Why You Should Consider “In House Counsel”

    Quick Note: Third-Party Can Bring Common Law Bad Faith Claim

    Quick Note: Staying, Not Dismissing, Arbitrable Disputes Under Federal Arbitration Act

    SB800 Not the Only Remedy for Construction Defects

    Illinois Legislature Enables Pre-Judgment Interest in Personal Injury Cases

    Constructive Notice Established as Obstacle to Relation Back Doctrine

    The Year 2010 In Review: Design And Construction Defects Litigation

    Fannie Mae, Freddie Mac Shares Fall on Wind-Down Measure

    Building a Case: Document Management for Construction Litigation

    Court Holds That Insurance Producer Cannot Be Liable for Denial of COVID-19 Business Interruption Claim

    Separation of Insureds Provision in CGL Policies

    Rhode Island Examines a Property Owner’s Intended Beneficiary Status and the Economic Loss Doctrine in the Context of a Construction Contract

    Construction Group Seeks Defense Coverage for Hard Rock Stadium Claims

    2019’s Biggest Labor and Employment Moves Affecting Construction

    Property Damage Caused By Construction Next Door Covered as Ensuing Loss

    Home Prices on the Rise

    Subcontractors Found Liable to Reimburse Insurer Defense Costs in Equitable Subrogation Action

    Civil RICO Case Against Johnny Doc Is Challenging

    Research Institute: A Shared Information Platform Reduces Construction Costs Considerably

    California Supreme Court Rejects Insurers' Bid for Horizontal Exhaustion Rule in New Montrose Decision

    Drafting a Contractual Arbitration Provision

    Beware of Design Pitfalls In Unfamiliar Territory

    Buy Clean California Act Takes Effect on July 1, 2022

    New Jersey Court Upholds Registration Requirement for Joint Ventures Bidding on Public Works Contracts

    Judge Sentences Roofing Contractor Owner in Florida PPP Fraud Case

    Nevada Supreme Court Declares Subcontractor Not Required to Provide Pre-Litigation Notice to Supplier

    Denial of Coverage for Bulge in Wall Upheld

    Tennessee Looks to Define Improvements to Real Property

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

    No Collapse Coverage Where Policy's Collapse Provisions Deleted

    What a Difference a Day Makes: Mississippi’s Discovery Rule

    Construction Defect or Just Punch List?

    Home Prices Beat Estimates With 0.8% Gain in November

    Towards Paperless Construction: PaperLight

    NTSB Sheds Light on Fatal Baltimore Work Zone Crash

    Lessee Deemed Statutory Employer, Immune from Tort Liability by Pennsylvania Court

    Three Payne & Fears Attorneys Named 2024 Southern California Super Lawyers Rising Stars

    Parks and Degradation: The Mess at Yosemite

    Massive Fire Destroys Building, Firefighters Rescue Construction Worker

    Virginia Tech Has Its Own Construction Boom

    Rhode Island Affirms The Principle That Sureties Must be Provided Notice of Default Before They Can be Held Liable for Principal’s Default

    Contractors Liable For Their Subcontractor’s Failure To Pay Its Employees’ Wages And Benefits

    Texas Windstorm Insurance Agency Under Scrutiny

    Wake County Justice Center- a LEED Silver Project done right!

    Toll Brothers Climbs After Builder Reports Higher Sales
    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. Leveraging 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

    NYC’s First Five-Star Hotel in Decade Seen at One57 Tower

    July 02, 2014 —
    Hyatt Hotels Corp. (H) is seeking to make its Park Hyatt New York, opening next month at the base of the ultra-luxury One57 condominium tower, Manhattan’s first new five-star hotel in more than a decade. The 25-floor property is making its debut on West 57th Street in the area known as Billionaires Row for its residential skyscrapers with apartments costing tens of millions of dollars. Plans for the Park Hyatt call for 210 guest rooms starting at $795 a night, spa-treatment suites with private balconies, and amenities such as an indoor pool with underwater speakers that pipe in music from neighboring Carnegie Hall. Hyatt is seeking a competitive edge in Manhattan, where it already operates seven properties, none rated five stars, said Steve Haggerty, global head of real estate and capital strategy for the Chicago-based company. The new Park Hyatt would be the city’s first hotel with the coveted distinction since 2003, when the Mandarin Oriental opened in the nearby Time Warner Center. Since then, most growth in the city’s lodging market has been in the select-service category, hotels that offer few amenities and cost less to operate. Read the court decision
    Read the full story...
    Reprinted courtesy of Heather Perlberg, Bloomberg
    Ms. Perlberg may be contacted at hperlberg@bloomberg.net

    CDJ’s #9 Topic of the Year: Nevada Supreme Court Denies Class Action Status in Construction Defect Case

    December 31, 2014 —
    According to Sean Whaley of the Las Vegas Review-Journal, “The Nevada Supreme Court has rejected a request for class action status for claims of damaged stucco from faulty construction by Del Webb Communities involving nearly 1,000 Sun City Summerlin residents.” However, “the court upheld the award of damages to 71 homeowners following a jury trial in Clark County District Court in 2008.” Whaley reported that this construction defect case was touted as the largest in Nevada history. Read the court decision
    Read the full story...
    Reprinted courtesy of

    Hunton Insurance Recovery Lawyers Ranked by Chambers as Top Insurance Practitioners

    May 27, 2019 —
    Hunton Andrews Kurth insurance recovery partner, Lorie Masters, received a top “Band 1” ranking by Chambers and Partners in the Insurance: Policyholder category for the District of Columbia, and a “Band 2” ranking in the Insurance: Dispute Resolution: Policyholder – USA – Nationwide category. Hunton Andrews Kurth insurance recovery associate, Andrea DeField, also was recognized by Chambers in the Associate to Watch: Insurance: Florida category. Read the court decision
    Read the full story...
    Reprinted courtesy of Michael S. Levine, Hunton Andrews Kurth
    Mr. Levine may be contacted at mlevine@HuntonAK.com

    Cuba: Construction Boom Potential for U.S. Construction Companies and Equipment Manufacturers?

    June 30, 2016 —
    On July 20, 2015, diplomatic relations were officially restored between the U.S. and Cuba. Since that date, a number of significant political events have taken place. First, the U.S. reopened its embassy in Cuba on August 14, 2015. Next, on January 26, 2016, offices of the U.S. Departments of the Treasury and Commerce announced new amendments to the Cuban Assets Control Regulations and Export Administration Regulations. These amendments removed “existing restrictions on payment and financing terms for authorized exports and reexports to Cuba of items other than agricultural items or commodities,” and established “a case-by-case licensing policy for exports and reexports of items to meet the needs of the Cuban people, including those made to Cuban state-owned enterprises.”[1] Additionally, these amendments “further facilitate travel to Cuba for authorized purposes by allowing blocked space, code-sharing, and leasing arrangements with Cuban airlines, authorizing additional travel-related and other transactions directly incident to the temporary sojourn of aircraft and vessels, and authorizing additional transactions related to professional meetings and other events, disaster preparedness and response projects, and information and informational materials, including transactions incident to professional media or artist productions in Cuba.”[2] Finally, on March 21, 2016, President Barack Obama was the first sitting U.S. President to visit Cuba since the 1959 revolution, in which Fidel Castro overthrew Fulgencio Batista. This revolution ultimately led to the U.S. severing diplomatic relations in 1961 and President John F. Kennedy imposing a trade embargo between the U.S. and Cuba, which remains in effect today. Read the court decision
    Read the full story...
    Reprinted courtesy of Sanjo Shatley, Esq., Cole, Scott & Kissane, P.A.
    Mr. Shatley may be contacted at sanjo.shatley@csklegal.com

    Property Insurance Exclusion: Leakage of Water Over 14 Days or More

    July 10, 2018 —
    The recent opinion of Whitley v. American Integrity Ins. Co. of Florida, 43 Fla.L.Weekly D1503a (Fla. 5th DCA 2018), as a follow-up to this article on the property insurance exclusion regarding the “constant or repeated seepage or leakage of water…over a period of 14 or more days,” is a beneficial opinion to insureds. In this case, the insured had a vacation home. A plumbing leak occurred that caused water damage to the home. The plumbing leak occurred during a period of time that lasted approximately 30 days. For this reason, the property insurer denied the claim per the exclusion that the policy does not cover loss caused by repeated leakage of water over a period of 14 or more days from a plumbing system. Summary judgment was granted by the trial court in favor of the insurer based on this exclusion. Read the court decision
    Read the full story...
    Reprinted courtesy of David Adelstein, Florida Construction Legal Updates
    Mr. Adelstein may be contacted at dadelstein@gmail.com

    Feds, County Seek Delay in Houston $7B Road Widening Over Community Impact

    March 15, 2021 —
    The Federal Highway Administration has asked Texas to delay issuing requests for proposals and pause ongoing contracting on a $7-billion, three-phased highway expansion project in metropolitan Houston as it evaluates complaints that up to 1,000 homes and multifamily buildings and 350 businesses would be condemned to build the project. Reprinted courtesy of Mary B. Powers, Engineering News-Record ENR may be contacted at ENR.com@bnpmedia.com Read the full story... Read the court decision
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    Reprinted courtesy of

    Excess Carrier Successfully Appeals Primary Insurer’s Summary Judgment Award

    December 09, 2011 —

    Although the excess carrier was given inadequate notice of the underlying arbitration, the trial court determined it shared responsibility with the primary carrier for the arbitration award. Finding disputed issues of fact, the Washington Court of Appeals reversed in Am. States Ins. Co. v. Century Surety Co., 2011 Wash. App. LEXIS 2488 (Wash. Ct. App. Oct. 31, 2011).

    The primary insurer, American States, issued two liability policies to Professional Home Builders (PHB), a siding contractor. The policies were for successive years, 1998-1999 and 1999-2000. Each policy had annual limits of $1 million per occurrence. PHB also had a commercial excess liability policy for 1999-2000 with Century Surety Company.

    PHB was sued by Residential Investment Partners (RIP) for construction defects after moisture entered the building envelope, causing decay and damage. Century’s expert determined the decay started before the 1999-2000 policy period.

    RIP and PHB went to arbitration.

    Read the full story…

    Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii. Mr. Eyerly can be contacted at te@hawaiilawyer.com

    Read the court decision
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    Reprinted courtesy of

    When is Mediation Appropriate for Your Construction Case?

    May 07, 2015 —
    Here at Construction Law Musings, I have often discussed mediation as a good alternative to the expense and headaches of litigation. What I have discussed less often are the circumstances in which it is most appropriate to consider or even push for mediation. The obvious and clearest time that mediation must be used is where the contract requires it. Many construction contracts, including those from the AIA (when the parties check the appropriate box) require mediation as a prerequisite to arbitration or litigation. As is almost always the case in Virginia, this clause will be enforced. In short, if your construction contract has such a clause, and despite my reservations about “mandatory mediation,” you need to at least go through the process before moving forward with your construction claim. The more interesting case is where no such clause exists and the parties reach an impasse, sometimes prior to litigation and often after the filing of a construction complaint or demand for arbitration. What questions should you as a construction attorney be asking both to and about your construction clients before attempting mediation? Read the court decision
    Read the full story...
    Reprinted courtesy of Christopher G. Hill, Law Office of Christopher G. Hill, PC
    Mr. Hill may be contacted at chrisghill@constructionlawva.com