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    Fairfield, Connecticut

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    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


    EEOC Chair Issues New Report “Building for the Future: Advancing Equal Employment Opportunity in the Construction Industry”

    Update: New VOSH Maximum Penalties as of July 1

    The Risks and Rewards of Sustainable Building Design

    Disrupt a Broken Industry—The Industrial Construction Sandbox

    Broker's Motion for Summary Judgment on Negligence Claim Denied

    New Report Reveals Heavy Civil Construction Less Impacted by COVID-19 Than Commercial Construction

    Mediation in the Zero Sum World of Construction

    Do Engineers Owe a Duty to Third Parties?

    St Louis County Approves Settlement in Wrongful Death Suit

    The Colorado Supreme Court holds that loans made to a construction company are not subject to the Mechanic’s Lien Trust Fund Statute

    Colorado Court of Appeals Confirms Senior Living Communities as “Residential Properties” for Purposes of the Homeowner Protection Act

    Why Is It So Hard to Kill This Freeway?

    General Contractor Gets Fired [Upon] for Subcontractor’s Failure to Hire Apprentices

    Overruling Henkel, California Supreme Court Validates Assignment of Policies

    Michigan Supreme Court Finds Faulty Subcontractor Work That Damages Insured’s Work Product May Constitute an “Occurrence” Under CGL Policy

    Indiana Court of Appeals Holds That Lease Terms Bar Landlord’s Carrier From Subrogating Against Commercial Tenant

    Building and Landscape Standards Enacted in Response to the Governor's Mandatory Water Restrictions Dealing with the Drought and Possible Effects of El Niño

    Pennsylvania Superior Court Fires up a Case-By-Case Analysis for Landlord-Tenant, Implied Co-Insured Questions

    It’s Not What You Were Thinking!

    A Court-Side Seat: Guam’s CERCLA Claim Allowed, a “Roundup” Verdict Upheld, and Judicial Process Privilege Lost

    Montana Federal District Court Finds for Insurer in Pollution Coverage Dispute

    Employee or Independent Contractor? New Administrator’s Interpretation Issued by Department of Labor Provides Guidance

    Anchoring Abuse: Evolution & Eradication

    Quick Note: Don’t Forget To Serve The Contractor Final Payment Affidavit

    Pennsylvania Mechanics’ Lien “Waivers” and “Releases”: What’s the Difference?

    Housing Inflation Begins to Rise

    Wildfire Insurance Coverage Series, Part 4: Coverage for Supply Chain Related Losses

    Newport Beach Partners Jeremy Johnson, Courtney Serrato, and Associate Joseph Real Prevailed on a Demurrer in a Highly Publicized Shooting Case!

    Amazon Urged to Review Emergency Plans in Wake of Deadly Tornado

    Remodels Replace Construction in Redding

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    Construction Defects and Warranties in Maryland

    Contractor’s Claim for Interest on Subcontractor’s Defective Work Claim Gains Mixed Results

    LAX Runway Lawsuit a Year Too Late?

    Hurdles with Triggering a Subcontractor Performance Bond

    Occurrence-Based Insurance Policies and Claims-Made Insurance Policies – There’s a Crucial Difference

    Traub Lieberman Partner Bradley T. Guldalian Wins Summary Judgment

    Pollution Exclusion Bars Coverage for Damage Caused by Tar Escaping From Roof

    NYC Condo Skyscraper's Builder Wins a Round -- With a Catch

    Facts about Chinese Drywall in Construction

    Colorado Federal Court Confirms Consequetial Property Damage, But Finds No Coverage for Subcontractor

    The Clock is Ticking: Construction Delays and Liquidated Damages

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    Do Not Pass Go! Duty to Defend in a Professional Services Agreement (law note)

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    Not Remotely Law as Usual: Don’t Settle for Delays – Settle at Remote Mediation
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    FAIRFIELD CONNECTICUT BUILDING EXPERT
    DIRECTORY AND CAPABILITIES

    Leveraging from more than 7,000 construction defect and claims related expert witness designations, the Fairfield, Connecticut Building Expert Group provides a wide range of trial support and consulting services to Fairfield's most acknowledged construction practice groups, CGL carriers, builders, owners, and public agencies. Drawing from a diverse pool of construction and design professionals, BHA is able to simultaneously analyze complex claims from the perspective of design, engineering, cost, or standard of care.

    Building Expert News & Info
    Fairfield, Connecticut

    Case Remanded for Application of Efficient Proximate Cause Doctrine

    November 06, 2013 —
    The Florida Court of Appeals remanded the case after the insured was awarded an $8 million dollar judgment against its property insurer for hurricane and other damage to a home. Am. Home Assur. Co. v. Sebo, 2013 Fla. App. LEXIS 14799 (Fla. Ct. App. Sept. 18, 2013). Sebo purchased his home in April 2005, when it was four years old. It was insured under a manuscript policy issued by AHAC for $8 million. The all-risk policy covered rain, but excluded damage caused by faulty, inadequate or defective planning. After Sebo bought the home, water leaks were noticed. Sebo believed that the house suffered from major design and construction defects. In October 2005, Hurricane Wilma struck and further damaged the home. Read the court decision
    Read the full story...
    Reprinted courtesy of Tred Eyerly
    Tred Eyerly can be contacted at te@hawaiilawyer.com

    The Death of Retail and Legal Issues

    June 15, 2017 —
    The National Review recently published an article about the wide ranging economic and social impacts of the death of traditional mid-market shopping malls. The article is not overtly political and at time waxes nostalgic about the prototypical 1980’s shopping mall. However, the article highlights real problems facing the owners of these malls and other traditional shopping centers. As expected, the economic issues have spurred legal and litigation issues for landlords. One of the issues I have been dealing with is what are a big box tenant’s obligations after a lease expires. Many of the big box tenants that are now vacating malls and shopping centers have been long term tenants. Sometimes, their leases go back decades. In the meantime, the mall may have changed hands. The original lease signed with a second or third removed owner and no doubt amended several times might be long forgotten. Read the court decision
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    Reprinted courtesy of Wally Zimolong, Zimolong LLC
    Mr. Zimolong may be contacted at wally@zimolonglaw.com

    Client Alert: Disclosure of Plaintiff’s Status as Undocumented Alien to Prospective Jury Panel Grounds for Mistrial

    February 05, 2015 —
    In Velasquez v. Centrome, Inc. (No. B247080, filed 1/30/2015) the Court of Appeal, Second District, held that a trial judge’s disclosure to the panel of prospective jurors of plaintiff’s status as an undocumented alien was prejudicial and grounds for a new trial. Plaintiff, Wilfredo Velasquez, brought suit against defendant, Centrome, Inc., alleging personal injuries related to on-the-job exposure to diacetyl, which was purportedly distributed by Centrome. Prior to trial, numerous motions in limine were filed with the trial court including a motion brought by Plaintiff to preclude Centrome from referring to or making any comments about Mr. Velasquez’s citizenship or immigration status. Plaintiff contended the information was not relevant (as no loss of earnings claim was asserted), and was substantially more prejudicial than probative. Defendant opposed the Motion arguing the information was relevant for the limited purpose of allowing expert testimony about Mr. Velasquez’s inability as an undocumented alien to participate in a lung transplant he claimed was needed. The Court deferred ruling on the motion. Reprinted courtesy of Haight Brown & Bonesteel LLP attorneys R. Bryan Martin, Lawrence S. Zucker II and Kristian B. Moriarty Mr. Martin may be contacted at bmartin@hbblaw.com; Mr. Zucker may be contacted at lzucker@hbblaw.com; and Mr. Moriarty may be contacted at kmoriarty@hbblaw.com Read the court decision
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    Reprinted courtesy of

    How I Prevailed on a Remote Jury Trial

    March 04, 2024 —
    Are you crazy? That is what I asked my client when he asked me to conduct a jury trial remotely. At the time, I did not even know if it was feasible. While I figured that most courtrooms had remote capabilities, I was not sure whether anyone was crazy enough to do a jury trial remotely and whether a courtroom would accommodate it. Would I be able to truly connect with the jurors? Would the jurors hold it against me that I am appearing remotely while they have to be there in person? I told my client that this was a terrible idea but that I would at least see if it was an option. At the Final Status Conference, the Court confirmed that it could accommodate a remote appearance for both the party and the party’s counsel and gave its permission to do so. It was also clear that I would be the only attorney exercising this option, and the judge remarked that this would be a first for him. Appearing remotely while other attorneys appear in person is not something I would normally consider. However, this case presented a unique set of circumstances. Read the court decision
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    Reprinted courtesy of Samuel Yu, Kahana Feld
    Ms. Yu may be contacted at syu@kahanafeld.com

    The Real Estate Crisis in North Dakota's Man Camps

    October 02, 2015 —
    Chain saws and staple guns echo across a $40 million residential complex under construction in Williston, North Dakota, a few miles from almost-empty camps once filled with oil workers. After struggling to house thousands of migrant roughnecks during the boom, the state faces a new real-estate crisis: The frenzied drilling that made it No. 1 in personal-income growth and job creation for five consecutive years hasn’t lasted long enough to support the oil-fueled building explosion. Civic leaders and developers say many new units were already in the pipeline, and they anticipate another influx of workers when oil prices rise again. But for now, hundreds of dwellings approved during the heady days are rising, skeletons of wood and cement surrounded by rolling grasslands, with too few residents who can afford them. Read the court decision
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    Reprinted courtesy of Jennifer Oldham, Bloomberg

    Builders Beware: Smart Homes Under Attack by “Hide ‘N Seek” Botnet

    October 30, 2018 —
    German manufacturer eQ-3 has found itself under siege by a botnet known as "Hide 'N Seek." This pernicious malware has infected tens of thousands of eQ-3's smart home devices by compromising the device's central control unit. Once a device has been infected, the malware spreads to other Internet of Things ("IoT") devices connected to the same wireless network. IoT devices have become the prime target for botnet attacks. As opposed to computers, laptops, or other larger computing devices, the smaller storage capacity and lower processing power of IoT devices limit the amount and complexity of the security measures that can be installed—making them an easier target for botnets. What is a Botnet? For those unfamiliar with the term, a botnet is a network of devices infected with a malware program allowing the infector to control and/or exploit the devices. Once a suitable number of devices are infected, the person or group controlling the botnet can harness the computing power of each infected device to perform activities which were previously constrained by a single device's capabilities (i.e. DDoS attacks, spamming, cryptocurrency mining, etc.). Hide 'N Seek – History and Capabilities The Hide 'N Seek botnet first appeared in January 2018 and has since spread rapidly. Its sophisticated design and capabilities have captivated the attention of many security watchdogs and researchers. While many botnets are designed to be "quick and dirty" (i.e. infect a few devices, eke out a little profit, and inevitably be cleared out or rendered ineffective by security updates and fixes), Hide 'N Seek was designed to maintain itself in the host's system indefinitely. When it was first released, Hide 'N Seek primarily targeted certain routers and internet-enabled security cameras; however, it has now began targeting digital video recorders, database servers, and most recently, smart home hubs. Hide 'N Seek's communication capabilities are also more advanced than previous botnets. Previous botnets relied on existing communications protocols to communicate with other another, but Hide 'N Seek uses a custom-built peer-to-peer system to communicate. This advancement allows Hide 'N Seek to spread more rapidly than previous botnets. Hide 'N Seek is also capable of extracting a device owner's personal information (i.e. name, address, e-mail, telephone numbers, etc.) whereas previous botnets were not. Most importantly, Hide 'N Seek is consistently updated to increase its infection rate, decrease its detection probability, and bypass any security measures designed to detect and remove it from the system. This modularity has proved to be Hide 'N Seek's greatest strength. Protecting Against Hide 'N Seek and Other Botnets While many of the precautions will undoubtedly come from the device manufactures vis-à-vis software programming and updates, homebuilders can still take some precautions to protect their customers.
    1. When selecting a smart home system to incorporate into a home's construction, be sure to evaluate its security features including, but not limited to its: wireless connectivity, password/passphrase requirements, interconnectedness with other IoT devices, etc. Third-party reviews from tech-oriented outlets will likely have useful information on a device's security measures, vulnerabilities, and any recent security compromises.
    2. Be vigilant in installing any eQ-3 smart home systems. The extent of the damage caused by Hide 'N Seek botnet remains unknown, as does damage from other potentially-infected technology. Thus, it may be prudent to avoid installing any eQ-3 device until it becomes evident that the threat has been neutralized and all security vulnerabilities have been remedied.
    3. If a builder uses technology other than eQ-3, precautions must be taken. Ensure that technology providers are thoroughly researched. It is also recommended to include strong contractual indemnity provisions, and require vendors to carry cyber-specific insurance policies.
    4. Homebuilders should consider purchasing their own stand alone cyber liability policies as a safety net, should potential exposure arise.
    Scott Satkin and Amtoj Randhawa are associates in the Cybersecurity group of Newmeyer & Dillion. Focused on helping clients navigate the legal dispute implications of cybersecurity, they advise businesses on implementing and adopting proactive measures to prevent and neutralize cybersecurity threats. For questions on how they can help, contact Scott at scott.satkin@ndlf.com and Amtoj at amtoj.randhawa@ndlf.com. Read the court decision
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    Reprinted courtesy of

    No Coverage for Tenant's Breach of Contract Claims

    April 05, 2017 —
    The court granted summary judgment to the insurer, finding there was no duty to defend or indemnify a tenant/insured's contract-related claims. Erie Ins. Exch. v. Little Ducklings Daycare Associates, LP, 2017 Phila. Ct. Com. Pl. LEXIS 22 (Pa. D. Jan. 25, 2017). Little Ducklings Daycare Preschool ("tenant") leased from the Estate of Carmen Neri ("landlord") premises to run a day care center for five years. The lease identified two of tenant's members, Maryanne L. Hatzold and Thomas Hatzold, as guarantors for the lease. The Hatzolds ("Guarantors") delivered to the landlord a written lease guaranty agreement. The guarantee assured the full payment and satisfaction of the rent owed under the lease. Read the court decision
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    Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    Homeowners Should Beware, Warn Home Builders

    November 20, 2013 —
    In the aftermath of a tornado in central Illinois, home builders are warning homeowners to be wary of scam artists. “We need to protect consumers from repair scams,” said Lisa Scott, the executive director of the Home Builders Association of Greater Peoria. “After a devastating storm, people come in from outside the area to offer help,” she said, noting that some will be offering help they won’t actually provide. “This isn’t about supporting our members,” she said, “this is about having somebody who stands by their work instead of paying cash for a roof job and having no one to call when a few months later, it starts leaking.” She further warns, “you shouldn’t be paying cash. You should have a contract.” One home builder, David Whitehurst, owner of P & W Builders, noted that “there will be a lot of people out there trying to make a quick buck that aren’t qualified to do the work.” Read the court decision
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    Reprinted courtesy of