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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

    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


    Who's Who Legal Recognizes Two White and Williams Lawyers as Thought/Global Leaders in Insurance and Reinsurance

    Don’t Do this When it Comes to Construction Liens

    Housing Advocacy Group Moved to Dissolve New Jersey's Council on Affordable Housing

    Utah Becomes First State to Enact the Uniform Commercial Real Estate Receivership Act

    DE Confirms Robust D&O Protection Despite Company Demise

    Examining Best Practices for Fire Protection of Critical Systems in Buildings

    Another Colorado Construction Defect Reform Bill Dies

    Construction Goes Green in Orange County

    Increases in U.S. Office Rents Led by San Jose and Dallas

    Public Housing Takes Priority in Biden Spending Bill

    New Florida Bill Shortens Time for Construction-Defect Lawsuits

    Reasonableness of Denial of Requests for Admission Based Upon Expert’s Opinions Depends On Factors Within Party’s Understanding

    Claim Preclusion: The Doctrine Everyone Thinks They Know But No One Really Knows What it Means in Practice

    Is There Direct Physical Loss Under A Property Policy When COVID-19 is Present?

    Construction Termination Issues Part 4: What to Do When They Want to Fire You, the Architect or Engineer

    Two Injured in Walkway Collapse of Detroit Apartment Complex

    Five Keys to Driving Digital Transformation in Engineering and Construction

    Ninth Circuit Upholds Corps’ Issuance of CWA Section 404 Permit for Newhall Ranch Project Near Santa Clarita, CA

    Six Reasons to Use Regular UAV Surveys on Every Construction Project

    A Few Green Building Notes

    Newmeyer & Dillion’s Alan Packer Selected to 2018 Northern California Super Lawyers List

    Settlement between IOSHA and Mid-America Reached after Stage Collapse Fatalities

    Insurance Lawyers Recognized by JD Supra 2020 Readers' Choice Awards

    Do We Need Blockchain in Construction?

    For Whom Additional Insured Coverage Applies in New York

    Is Your Website Accessible And Are You Liable If It Isn't?

    Reminder: Your MLA Notice Must Have Your License Number

    Federal Court Asks South Dakota Supreme Court to Decide Whether Injunction Costs Are “Damages,” Adopts Restatement’s Position on Providing “Inadequate” Defense

    VOSH Jumps Into the Employee Misclassification Pool

    Attorneys' Fees Awarded as Part of "Damages Because of Property Damage"

    Comparing Contracts: A Review of the AIA 201 and ConsensusDocs - Part I

    Nevada State Senator Says HOA Scandal Shows Need for Construction Defect Reform

    Las Vegas Harmon Hotel to be Demolished without Opening

    New WA Law Caps Retainage on Private Projects at 5%

    Digital Twins for a Safer Built Environment

    Understanding the California Consumer Privacy Act

    Quick Note: Attorney’s Fees on Attorney’s Fees

    UPDATE: Texas Federal Court Permanently Enjoins U.S. Department of Labor “Persuader Rule” Requiring Law Firms and Other Consultants to Disclose Work Performed for Employers on Union Organization Efforts

    Claims for Negligence? Duty to Defend Triggered

    Accounting for Payments on Projects Became Even More Crucial This Year

    Connecticut Answers Critical Questions Regarding Scope of Collapse Coverage in Homeowners Policies in Insurers’ Favor

    Recent Bad Faith Decisions in Florida Raise Concerns

    Department of Transportation Revises Its Rules Affecting Environmental Review of Transportation Projects

    North Dakota Universities Crumble as Oil Cash Pours In

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    California Mechanics’ Lien Case Treads Both Old and New Ground

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    California Contractors – You Should Know That Section 7141.5 May Be Your Golden Ticket
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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. Drawing 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

    Drones Used Despite Uncertain Legal Consequences

    March 12, 2015 —
    Francis Manchisi of Wilson Elser discussed how several industries—including construction—are using unmanned aircraft systems or unmanned aerial vehicles, commonly referred to as drones, and are either exploiting legal loopholes or ignoring laws altogether. The Federal Aviation Administration (FAA) has recently released a Notice of Proposed Rulemaking, which is now in a 60-day “notice and comment” period that is open to the public. Once that period ends, the FAA will consider the comments before putting the rules into law. According to Manchisi, the proposed rules include:
    • Unmanned aircraft must weigh less than 55 lbs. (25 kg).
    • Unmanned aircraft must remain within visual line of sight (VLOS) of the operator or visual observer.
    • Maximum altitude is 500 feet above ground level.
    • Preflight inspection by the operator is required.
    • Operators are required to obtain an unmanned aircraft operator certificate with a sUAS rating from the FAA.
    Read the court decision
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    Reprinted courtesy of

    Mortgage Applications in U.S. Jump 11.6% as Refinancing Surges

    October 22, 2014 —
    Mortgage applications in the U.S. soared last week as a plunge in borrowing costs led to biggest gain in home refinancing since January 2012. The Mortgage Bankers Association’s index rose 11.6 percent in the period ended Oct. 17, the biggest gain since January, after a 5.6 percent advance the week before, figures from the Washington-based group showed today. The refinancing gauge jumped 23.3 percent while the purchase applications measure dropped 4.6 percent. Read the court decision
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    Reprinted courtesy of Danielle Trubow, Bloomberg
    Ms. Trubow may be contacted at dtrubow@bloomberg.net

    Is Construction Defect Litigation a Cause for Lack of Condos in Minneapolis?

    September 17, 2015 —
    According to Peter Callaghan writing for the Minn Post, while multi-family residential real estate is “hot” right now, most developers are building apartments rather than condos. Four developers spoke on the topic during Minneapolis City Council Member Lisa Goodman’s monthly “Lunch with Lisa” program. The developers stated that financing is more difficult for condos than it is for apartments, and millennials and baby boomers seem to prefer renting over buying. However, some developers stated that “the 10-year liability exposure for construction defects” was another reason to avoid condo building. However, not all developers avoid condo building in Minneapolis. Jim Stanton, owner of Shamrock Development, said that he still is building condos. Stanton declared that he “has a good relationship with his lender,” and “he hasn’t been sued a lot and has never had a suit reach court.” Read the court decision
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    Reprinted courtesy of

    Coverage Issues: When You Need Your Own Lawyer in a Construction Defect Suit

    October 16, 2013 —
    When an insurer hires an attorney on behalf of a client in a construction defect suit, that attorney is the client’s lawyer, but as Mike Curry writes on the website of Pendleton Wilson Hennessey & Crow, PC, a point may come when you need to hire your own additional attorney. Even though an insurance company client may refer to the lawyer as “the insurance carrier’s attorney,” Mr. Curry cites the words of the Colorado Bar Association’s ethics committee, “the insured is the client to whom the lawyer’s duty of loyalty is owed, regardless of any retention agreement the lawyer may have with the carrier.” Mr. Curry then offers the example of what happens when the insurance company advises its client that it may not cover. “You presumably call your attorney and ask him to explain what’s going on, what the letter means, and what to do next.” All the attorney can say is “I cannot offer legal advice on coverage issues.” This is the limitation of what Mr. Curry refers to as “the tripartite relationship.” The attorney has been retained for issues related to the construction defect dispute between the insured and the plaintiff. Not between the insurer and its insured. The attorney has, as he points out, a fiduciary obligation to the insurance company. When coverage issues arise, “an independent attorney — one you hire — can help you with the coverage issues that your insurance-assigned attorney simply cannot address.” He further notes that “personal counsel owes no fiduciary obligation to the insurance company,” and can be “utilized to persuade the carrier to provide coverage or settle the case.” Read the court decision
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    Reprinted courtesy of

    Subcontractor Entitled to Defense for Defective Work Causing Property Damage Beyond Its Scope of Work

    May 27, 2019 —
    The Illinois Court of Appeals found the subcontractor was owed a defense for alleged property damage caused by its faulty workmanship, but outside its scope of work. Acuity Ins. Co. v. 950 W. Huron Condo. Ass'n, 2019 Ill. App. LEXIS 208 (Ill. Ct. App. March 29, 2019). The condominium association sued its general contractor, Belgravia, for alleged defects allowing water to infiltrate and cause damage. Belgravia filed a third-party complaint against its subcontractors, including the carpentry subcontractor Denk & Roche. Denk & Roche held a CGL policy with two insurers during the relevant period, one with Cincinnati Insurance Company for the period January 1, 2000 through June 1, 2007, and another with Acuity Insurance Company, effective June 1, 2007, through December 31, 2013. Denk & Roche tendered its defense to both insurers. Cincinnati agreed to defend and contributed to a settlement of the AOAO's claims. Acuity denied a defense, contending that the underlying claims did not trigger a duty to defend. Acuity's declaratory judgment suit sought a determination that it had no duty to defend. Cincinnati intervened and argued it was entitled to equitable contribution from Acuity. 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

    Firm Pays $8.4M to Settle Hurricane Restoration Contract Case

    December 13, 2022 —
    An electricity distribution infrastructure contractor that worked for the U.S. Army Corps of Engineers on hurricane restoration in Puerto Rico has agreed to pay the government $8.4 million to resolve allegations that it improperly withheld pricing data. The company denies the charges, agreeing to the settlement in order to avoid lengthy litigation. Reprinted courtesy of James Leggate, Engineering News-Record Mr. Leggate may be contacted at leggatej@enr.com Read the full story... Read the court decision
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    Federal District Court Continues to Find Construction Defects do Not Arise From An Occurrence

    May 10, 2012 —

    Coverage for construction defects continues to be hotly contested in Hawaii state and federal courts. In a recent decision, Judge Mollway felt bound to follow the Ninth Circuit’s decision in Burlington Ins. Co. v. Oceanic Design & Constr., Inc., 383 F.3d 940, 944 (9th Cir. 2004), where the court found construction defect claims arise from breach of contract, not from an occurrence. Judge Mollway’s most recent decision on the issue is Illinois Nat. Ins. Co. v. Nordic PCL Constr., Inc., 2012 U.S. Dist. LEXIS 58464 (D. Haw. April 26, 2012).

    Nordic constructed a grocery store for Safeway. In addition to the grocery store, Nordic built a 165-space rooftop parking deck, retail shops and related improvements. After opening for business in 2007, Safeway experienced significant leaks. Safeway demanded that Nordic repair the parking deck. Nordic sent the demand letter to the insurer, who agreed to appoint counsel subject to a reservation of rights.

    Safeway filed suit against Nordic in state court alleging, among other things, breach of contract and negligence. The insurer provided Nordic with a defense, but Nordic hired independent counsel.

    The insurer filed for declaratory relief in federal district court.

    Read the full story…

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    Reprinted courtesy of

    No Coverage For Damage Caused by Chinese Drywall

    December 02, 2015 —
    The Florida Court of Appeals determined that there was no coverage for damage to the insured's home caused by the installation of Chinese drywall. Peek v. Am. Integrity Ins. Co., 2015 Fla. App. LEXIS 14147 (Fla. Ct. App. Sept. 25, 2015). Chinese drywall was installed in the Peek's new home. After moving in, the Peeks reported to American Integrity a sulfur odor caused by the Chinese drywall. The odor caused the Peeks to vacate their home. The Peeks also claimed corrosion and deterioration of copper coils in the air conditioning system were caused by the Chinese drywall. American Integrity denied coverage based upon policy exclusions for latent defects, corrosion, pollutants, and faulty, inadequate or defective constrution materials. The Peeks sued American Integrity. 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