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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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    Home Builders Association of New Haven Co
    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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    Local # 0700
    3 Regency Dr Ste 204
    Bloomfield, CT 06002

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    Building Expert News and Information
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    Construction Costs Up

    New York Office Secures Appellate Win in Labor Law 240(1) Fall in Basement Accident Case

    NYC Supertall Tower Condo Board Sues Over Alleged Construction, Design 'Defects'

    Real Estate & Construction News Round-Up (11/16/22) – Backlog Shifts, Green Battery Storage, and Russia-Ukraine Updates

    New Defendant Added to Morrison Bridge Decking Lawsuit

    Subsidence Exclusion Bars Coverage for Damage Caused by Landslide

    Bid Bonds: The First Preventative Measure for Your Project

    Endorsement Excludes Replacement of Undamaged Property with Matching Materials

    Court Addresses Damages Under Homeowners Insurance Policy

    When an Insurer Proceeds as Subrogee, Defendants Should Not Assert Counterclaims Against the Insured/Subrogor

    Bay Area Counties Issue Less Restrictive “Shelter in Place” Orders, Including for Construction

    Miller Act Payment Bond Surety Bound to Arbitration Award

    Exact Dates Not Needed for Construction Defect Insurance Claim

    Traub Lieberman Partner Bradley T. Guldalian Wins Summary Judgment in Pinellas County Circuit Court

    Real Estate & Construction News Round-Up (10/27/21)

    Business and Professions Code Section 7031, Demurrers, and Just How Much You Can Dance

    Business Insurance Names Rachel Hudgins Among 2024 Break Out Award Winners

    Foreclosures Decreased Nationally in September

    City of Birmingham Countersues Contractor for Incomplete Work

    Federal Court of Appeals Signals an End to Project Labor Agreement Requirements Linked to Development Tax Credits

    Construction Delays: Which Method Should Be Used to Calculate Delay?

    Investigators Eye Fiber Optic Work in Deadly Wisconsin Explosion

    WSDOT Excludes Non-Minority Women-Owned DBEs from Participation Goals

    Hunton Insurance Coverage Partner Lawrence J. Bracken II Awarded Emory Public Interest Committee’s 2024 Lifetime Commitment to Public Service Award

    No Retrofit without Repurposing in Los Angeles

    Not so Fast! How Does Revoking Acceleration of a Note Impact the Statute of Limitations?

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    The Uncertain Future of the IECC

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    Resolving Condominium Construction Defect Warranty Claims in Maryland

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    Risk Protection: Force Majeure Agreements Take on Renewed Relevance

    The OFCCP’s November 2019 Updated Technical Assistance Guide: What Every Federal Construction Contractor Should Know

    Indemnitor Owes Indemnity Even Where Indemnitee is Actively Negligent, California Court Holds

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    Janus v. AFSCME

    Newmeyer & Dillion Named as One of the 2018 Best Places to Work in Orange County for Seventh Consecutive Year

    Even Where Fraud and Contract Mix, Be Careful With Timing

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    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

    Wharf Holdings to Sell Entire Sino-Ocean Stake for $284 Million

    December 10, 2015 —
    Wharf Holdings Ltd., a Hong Kong-based real-estate developer, said it has agreed to sell its entire stake in Sino-Ocean Land Holdings Ltd. for HK$2.2 billion ($284 million) to an undisclosed buyer, three days after Anbang Insurance Group Co. purchased about a fifth of the Chinese builder’s shares. Wharf will sell 445 million shares, or 5.93 percent of Sino-Ocean Land’s stake, for HK$5 each, the company said in a statement on its website on Thursday. It expects to complete the transaction next week. Read the court decision
    Read the full story...
    Reprinted courtesy of Bloomberg News

    Is New York Heading for a Construction Defect Boom?

    March 12, 2015 —
    The New York Times reported that “[t]here is growing concern that some developers are repeating the mistakes of the last housing boom and delivering substandard product.” “My phone is ringing already on projects that were just completed,” Steven D. Sladkus, a Manhattan real estate lawyer who says his firm has dozens of active construction defect cases, told the New York Times. “Uh-oh, here we go again.” Recent data shows a rising trend of building plans in New York: “Last year, the city issued construction permits for 20,300 units of housing, according to the Real Estate Board of New York. And the state attorney general’s office received submissions for 263 offering plans for condo conversions and new construction in 2014, up from 184 in 2011. Those numbers will most likely grow in 2015, encouraged by Mayor Bill de Blasio’s push to build more housing.” Read the court decision
    Read the full story...
    Reprinted courtesy of

    Encinitas Office Obtains Complete Defense Verdict Including Attorney Fees and Costs After Ten Day Construction Arbitration

    May 23, 2022 —
    Partner Vik Nagpal and Associate Attorney Tim McNulty of the Encinitas office recently obtained a substantial victory on behalf of BWB&O’s client after a 10-day binding construction arbitration before a three-arbitrator panel of the American Arbitration Association. BWB&O’s client was sued by the Owner of a commercial office building related to a multimillion-dollar tenant improvement project in San Diego. The Owner asserted construction defect damages, delay damages, architectural negligence, fraudulent billing practices and consequential damages of $3.6 million dollars. BWB&O’s client claimed breach of contract damages against the owner for failure to pay invoices. The Owner who had substantial financial resources and a personal spite against the general contractor, unreasonably pursued the case with an extensive team of lawyers and experts. At an earlier full-day mediation, the owner rejected a reasonable settlement offer which included a settlement payment to the Owner and the client’s agreement to dismiss their affirmative claim for damages. Read the court decision
    Read the full story...
    Reprinted courtesy of Dolores Montoya, Bremer Whyte Brown & O'Meara LLP

    French Government Fines National Architects' Group $1.6M Over Fee-Fixing

    December 09, 2019 —
    The French government’s anti-trust agency has fined the national architects’ registration group and four regional councils $1.64 million (€1.5 million) for price-fixing design fees on public works. Reprinted courtesy of Debra K. Rubin, Engineering News-Record Ms. Rubin may be contacted at rubind@enr.com Read the full story... Read the court decision
    Read the full story...
    Reprinted courtesy of

    Angela Cooner Appointed Vice-Chair of Arizona’s Inaugural Board of Legal Specialization Construction Defect Law Advisory Commission

    June 20, 2022 —
    Phoenix, Ariz. (May 17, 2022) - Phoenix Partner Angela Cooner has been appointed as the vice-chair of the State Bar of Arizona’s inaugural Board of Legal Specialization Construction Defect Law Advisory Commission. The commission was created pursuant to the Arizona Supreme Court’s recent administrative order recognizing construction defect law as a new area of specialization. The commission will, among other things, create the application, examination, and interview process that Arizona attorneys will be required to complete to earn the construction defect law specialized certification. Ms. Cooner will serve a two-year term that will end on January 31, 2024. Read the court decision
    Read the full story...
    Reprinted courtesy of Angela Cooner, Lewis Brisbois
    Ms. Cooner may be contacted at Angela.Cooner@lewisbrisbois.com

    Contract’s Definition of “Substantial Completion” Does Not Apply to Third Party for Purposes of SOL, Holds Court of Appeal

    June 15, 2020 —
    Those of you in the construction industry know that the two primary statutes of limitation are the 4-year year statute of limitations for patent defects and 10-year statute of limitations for latent defects. Both statutes begin to run on “substantial completion.” In Hensel Phelps Construction Co. v. Superior Court of San Diego, Case No. D076264 (January 22, 2020), the 4th District Court of Appeal examined whether the term “substantial completion,” as used in Civil Code section 941, which applies to residential construction, can be defined by the parties’ contract and applied to third-parties. The Hensel Phelps Case Hensel Phelps Construction Co. entered into a prime construction contract with the owner and developer of a mixed-use project in San Diego. Hensel Phelps was the general contractor on the project. The project included a residential condominium tower which would eventually be managed and maintained by Smart Corner Owners Association. Smart Corners was not a party to the contract. Read the court decision
    Read the full story...
    Reprinted courtesy of Garret Murai, Nomos LLP
    Mr. Murai may be contacted at gmurai@nomosllp.com

    Elon Musk’s Proposed Vegas Strip Transit System Advanced by City Council Vote

    January 11, 2021 —
    Elon Musk’s tunneling company Boring Co. is already building a transit system for Las Vegas convention-goers. Now, he wants to build one for the rest of the city. On Wednesday, the Las Vegas City Council voted unanimously to advance plans to dramatically expand Musk’s Loop project from a convention center transit system to a citywide network that would include hotels and, one day, potentially even the airport. The proposed expansion brings the tunnel-based transportation system as far north as Ogden Avenue, near attractions such as the Downtown Container Park and classic casinos like the Golden Nugget. Proposed stops en route include the Arts District and the Stratosphere tower, the spaceship-like landmark that is part of a hotel. The precise location of stations will be determined later in the process, according to documents submitted to the council. Read the court decision
    Read the full story...
    Reprinted courtesy of Sarah McBride, Bloomberg

    America’s Infrastructure Gets a C-. It’s an Improvement Though

    April 05, 2021 —
    Every four years the American Society of Civil Engineers (ASCE) issues a report card assigning a letter grade to the nation’s infrastructure. ASCE issued their 2021 Infrastructure Report Card earlier this month. Our country’s grade in 2021? A disappointing C-. It’s an improvement though. When ASCE issued their 2017 Infrastructure Report Card we didn’t even pass the class with a grade of D+. In short, there’s room for improvement. A lot of room for improvement. C- is just the cumulative grade however. ASCE’s Report Card is divided into industry segments with grades assigned to each segment. Individual grades for some, but not all, of the segments include the following:
    • Aviation: The nation’s airports received a grade of D+. According to the Report Card, terminal, gate and ramp availability are not meeting the needs of a growing passenger base which has increased from 964.7 million to 1.2 billion per year and a has a 10-year shortfall of $111 billion.
    Read the court decision
    Read the full story...
    Reprinted courtesy of Garret Murai, Nomos LLP
    Mr. Murai may be contacted at gmurai@nomosllp.com