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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
    2189 Silas Deane Highway
    Rocky Hill, CT 06067

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    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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    3 Regency Dr Ste 204
    Bloomfield, CT 06002

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    Building Expert News and Information
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    Contractors with Ties to Trustees Reaped Benefits from LA Community College Modernization Program

    How A Contractor Saved The Day On A Troubled Florida Condo Project

    Comparative Breach of Contract – The New Benefit of the Bargain in Construction?

    Ambiguity in Insurance Policy will be Interpreted in Favor of Insurance Coverage

    The Increasing Trend of Caps in Construction Contracts and Negotiating Them

    Blackstone Said in $1.7 Billion Deal to Buy Apartments

    Happy New Year from CDJ

    Michigan Supreme Court Concludes No Statute of Repose on Breach of Contract

    New York Establishes a Registration Requirement for Contractors and Subcontractors Performing Public Works and Covered Private Projects

    How Tech Is Transforming the Construction Industry in 2019

    Performance Bond Primer: Need to Knows and Need to Dos

    2023’s Bank Failures: What Contractors, Material Suppliers and Equipment Lessors Can Do to Protect Themselves

    Windstorm Exclusion Found Ambiguous

    Gilbert’s Plan for Downtown Detroit Has No Room for Jail

    Governor Inslee’s Recent Vaccination Mandate Applies to Many Construction Contractors and their Workers

    Negligent Misrepresentation in Sale of Building Altered without Permits

    Lending Plunges to 17-Year Low as Rates Curtail Borrowing

    Real Estate & Construction News Round-Up (09/21/22) – 3D Printing, Sustainable Design, and the Housing Market Correction

    Proving Contractor Licensure in California. The Tribe Has Spoken

    Sacramento’s Commercial Construction Market Heats Up

    Tenants Underwater: Indiana Court of Appeals Upholds Privity Requirement for Property Damage Claims Against Contractors

    Determining the Cause of the Loss from a Named Windstorm when there is Water Damage - New Jersey

    Construction Contract Language and Insurance Coverage Must Be Consistent

    Design & Construction Case Expands Florida’s Slavin Doctrine

    Storm Debby Is Deadly — Because It’s Slow

    Avoid Five Common Fraudulent Schemes Used in Construction

    A Relatively Small Exception to Fraud and Contract Don’t Mix

    The Results are in, CEO/Founding Partner Nicole Whyte is Elected to OCBA’s 2024 Board of Directors!

    Accident/Occurrence Requirement Does not Preclude Coverage for Vicarious Liability or Negligent Supervision

    South Carolina Court of Appeals Diverges from Damico Opinion, Sending Recent Construction Defects Cases to Arbitration

    Insurer Doomed in Delaware by the Sutton Rule

    Sureties do not Issue Bonds Risk-Free to the Bond-Principal

    Denial of Coverage for Bulge in Wall Upheld

    “Positive Limiting Barriers” Are An Open and Obvious Condition, Relieving Owner of Duty to Warn

    California Supreme Court Raises the Bar on Dangerous Conditions on Public Property Claims

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    FAIRFIELD CONNECTICUT BUILDING EXPERT
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    Building Expert News & Info
    Fairfield, Connecticut

    Details Matter: The Importance of Strictly Following Public Bid Statutes

    September 22, 2016 —
    Contractors bidding on public contracts know that failing to strictly following all of the technical aspects contained in the instructions to bidders can mean the difference between a winning and losing bid. In the span of two weeks, I was involved with two cases that underscored the importance of this axiom. Both cases involved New Jersey’s public bid laws. While these cases show the importance of following a specific section of New Jersey’s public bid statute, the take away – that details matter – is universal. Read the court decision
    Read the full story...
    Reprinted courtesy of Wally Zimolong, Zimolong LLC
    Mr. Zimolong may be contacted at wally@zimolonglaw.com

    The Advantages of Virtual Reality in Construction

    August 20, 2019 —
    Virtual realty provides an unparalleled spatial sense for visualization at a lower cost than full-scale replicas. Today, VR is being used heavily in preconstruction to align owner expectations and educate design team stakeholders. For those already employing BIM solutions, coordination can be made much more effective by leveraging existing design models with very little added cost. As anyone who has tried a VR headset before can attest, the ability to accurately perceive spatial relationships in design cannot be replicated through traditional 2D media such as screens or paper. VR solutions also have the ability to iterate rapidly. These technologies are linked to BIM, providing real-time feedback as the design changes. This is in stark contrast to traditional full-scale mockups and offline renders, which are cumbersome and time-consuming to update with design changes. Substantial benefits without a hefty price tag Budget limitations and ROI are always a concern with emerging technology. Fortunately, VR comes cheaply with BIM production. These solutions are significantly less expensive than full-scale mockups and far more efficient when compared to longhand sequencing explanations and esoteric detailing of complex designs. Even the most elaborate VR setups are a fraction of overall construction cost, ranging from a few hundred to a few thousand dollars depending on the level of adoption. Reprinted courtesy of Spivey Lipsey, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
    Read the full story...
    Reprinted courtesy of

    PFAS and the Challenge of Cleaning Up “Forever”

    July 31, 2023 —
    From a stream of legal challenges, to ever-expanding regulations on things like cosmetics and drinking water, PFAS are the “forever chemicals” keeping companies and consumers on high alert. While industries scramble to remove the synthetic compounds from products, scientists are researching new techniques for scrubbing PFAS from the environment. There is money to be had for those who can find a more streamlined method of purging the substances—the U.S. Army Corps of Engineers has an $800 million contract on the table for the handling, destruction and replacement of PFAS-laden fire-fighting foam—leaving technology companies racing to create solutions. The three main PFAS cleaning techniques currently relied upon can be very effective but are also costly and may leave questionable byproducts in their wake. The established approaches include:
    • Granular Activated Carbon. As one of the most studied treatments for PFAS removal, granular activated carbon is often used in water treatment plants. Large beds of carbon essentially soak up the unwanted chemicals. After the Sweeney Water Plant in North Carolina, whose water source is downstream from a fluorochemical-producing Chemours plant, was found to be contaminated with PFAS, the plant invested around $46 million into upgraded activated carbon systems. Once installed, these systems cost roughly $2.9 million to operate yearly, as the carbon needs to be replaced each time it reaches capacity. Though pricey, the plant says that the process now clears close to 100% of PFAS.
    Read the court decision
    Read the full story...
    Reprinted courtesy of PFAS Team, Pillsbury

    Subprime Bonds Are Back With Different Name Seven Years After U.S. Crisis

    January 28, 2015 —
    (Bloomberg) -- The business of bundling riskier U.S. mortgages into bonds without government backing is gearing up for a comeback. Just don’t call it subprime. Hedge fund Seer Capital Management, money manager Angel Oak Capital and Sydney-based bank Macquarie Group Ltd. are among firms buying up loans to borrowers who can’t qualify for conventional mortgages because of issues such as low credit scores, foreclosures or hard-to-document income. They each plan to pool the mortgages into securities of varying risk and sell some to investors this year. JPMorgan Chase & Co. analysts predict as much as $5 billion of deals could get done, while Nomura Holdings Inc. forecasts $1 billion to $2 billion. Read the court decision
    Read the full story...
    Reprinted courtesy of Jody Shenn, Bloomberg
    Ms. Shenn may be contacted at jshenn@bloomberg.net

    N.J. Voters Approve $116 Million in School Construction

    March 19, 2014 —
    New Jersey voters in 11 of 13 school districts with bond referendums this week approved $116.1 million of construction. The largest project, out of a total of $180 million proposed, failed. Voters in the Greater Egg Harbor Regional High School District rejected $37 million in renovations to three schools. The work would have increased property taxes as much as $36 a year, according to the district, which serves four towns at the Jersey Shore. Read the court decision
    Read the full story...
    Reprinted courtesy of Stacie Sherman, Bloomberg
    Ms. Sherman may be contacted at sbabula@bloomberg.net

    At Least 23 Dead as Tornadoes, Severe Storms Ravage South

    March 18, 2019 —
    Beauregard, Ala. (AP) -- A tornado roared into southeast Alabama and killed at least 23 people and injured several others Sunday, part of a severe storm system that caused catastrophic damage and unleashed other tornadoes around the Southeast. "Unfortunately our toll, as far as fatalities, does stand at 23 at the current time," Lee County Sheriff Jay Jones told WRBL-TV of the death toll. He added that two people were in intensive care. Drones flying overheard equipped with heat-seeking devices had scanned the area for survivors but the dangerous conditions halted the search late Sunday, Jones said. "The devastation is incredible," he said. An intense ground search would resume Monday morning. Read the court decision
    Read the full story...
    Reprinted courtesy of Bloomberg

    Stick to Your Guns on Price and Pricing with Construction Contracts

    December 20, 2021 —
    In recent posts here at Construction Law Musings, I have discussed the need for clarity of contract, trusting your gut, and assuring that your contract has the necessities. All of these bits of advice (along with my usual advice of working with an experienced construction attorney) are true with regard to commercial construction contracts and apply ten fold in a residential construction (read working for a single/family owner on their house). With a residential project, you, as a construction contractor, are likely to be dealing with the difficult combination of an owner with little or no experience relating to how a construction project is supposed to work and an owner that is emotionally invested in the project because it is their home. Because of the above, and the fact that your project is likely the biggest single investment that the owner has made outside of possibly a prior house, the residential owner will likely be looking over your shoulder and may very well attempt to negotiate down some of the costs that they perceive as the project moves forward. In short, the average person 1. does not know how much the project truly costs the contractor, and 2. feels that because they hold the cash, they can and should have some control over the individual costs of the construction thus making those costs, and by extension, their contract, negotiable right up until the end. Read the court decision
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    Reprinted courtesy of The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at chrisghill@constructionlawva.com

    In Review: SCOTUS Environmental and Administrative Decisions in the 2020 Term

    August 10, 2021 —
    Several decisions of interest were issued in the 2020 term, which stretched from October 2020 until early July 2021. This review will concentrate on environmental and administrative law cases. Texas v. New Mexico On December 14, 2020, the Court issued its ruling in an Original Action. Water is precious in the Pecos River Valley, and the distribution of water is governed by the Pecos River Compact. Here, Texas complained that New Mexico illegally was seeking delivery credits for evaporated water credits but the Court agreed that New Mexico was entitled to these credits under the provisions of the River Master’s Manual. Florida v. Georgia On April 1, 2021, in another waters right ruling on an Original Action filed in the Supreme Court, the Court rejected Florida’s claims that Georgia’s use of interstate waters harmed Florida’s businesses. Florida had to satisfy a heavy burden of proof, which it failed to do. Read the court decision
    Read the full story...
    Reprinted courtesy of Anthony B. Cavender, Pillsbury
    Mr. Cavender may be contacted at anthony.cavender@pillsburylaw.com