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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


    Kiewit-Turner Stops Work on VA Project—Now What?

    Resolving Subcontractor Disputes with Pass-Through Claims and Liquidation Agreements

    Meet Orange County Bar Associations 2024 Leaders

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    Digitalizing the Construction Site – Interview with Tenderfield’s Jason Kamha

    South Carolina Supreme Court Asked Whether Attorney-Client Privilege Waived When Insurer Denies Bad Faith

    Wisconsin “property damage” caused by an “occurrence.”

    Are Defense Costs In Addition to Policy Limits?

    Attempt to Overrule Trial Court's Order to Produce Underwriting Manual Fails

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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

    New Jersey Judge Declared Arbitrator had no Duty to Disclose Past Contact with Lawyer

    October 22, 2014 —
    According to the New Jersey Law Journal, in a recent ruling, a federal judge in Newark “ruled that an arbitration award should not be vacated based on the arbitrator’s failure to disclose his professional contacts with defense counsel during his prior career as a federal judge.” The plaintiff had sought to vacate an award “because he failed to disclose interactions he had with Dennis Drasco, the lawyer for the defendant, while serving on the bench. But Brown was not required to disclose his contacts with Drasco because they would not cause a reasonable person to question Brown’s impartiality, U.S. District Judge William Walls ruled Oct. 21,” reported the New Jersey Law Journal. The plaintiff’s assertions “suggest nothing more than that Judge Brown and Mr. Drasco were familiar with one another in their professional capacities,” Walls stated, as quoted by the New Jersey Law Journal. Read the court decision
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    Reprinted courtesy of

    Foundation Differences Across the U.S.

    October 15, 2014 —
    The National Association of Home Builders’ Eye on Housing analyzed data from the Survey of Construction (SOC) to demonstrate the differences in foundations built across the nation. For instance, “about 30 percent of new single-family homes started in 2013 have a full or partial basement, 54 percent are built on slabs, and 15 percent have a crawl space. The remaining share, including homes built on stilts or pilings, accounted for about 1 percent of homes started in 2013.” Climate is the deciding factor in what type of foundations are used, Eye on Housing reported. “In colder regions where codes require foundations to be deep the marginal cost of providing a full or partial basement is not that great. So basements are the most common type of foundation in the colder climate divisions.” The warm climate area of the West South Central division are primarily built on slabs. However, “the other two divisions that make up the South region – the East South Central and South Atlantic –are still largely built on slabs but crawl spaces are also common.” Read the court decision
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    Reprinted courtesy of

    Insurer’s Confession Of Judgment Through Post-Lawsuit Payment

    June 25, 2019 —
    The recent opinion in the property insurance coverage dispute, Bryant v. Geovera Specialty Ins. Co., 44 Fla.L.Weekly D1232a (Fla. 4thDCA 2019), discusses the doctrine known as an insurer’s “confession of judgment.” In this case, an insured suffered water damage from a pipe leak. The insurer paid the insured $6,000 because of sublimits in the property insurance policy. There was a $5,000 sublimit for mold and a $1,000 sublimit for water leakage that occurs over a period of 14 days or more. The insured sued the insurer for covered water damage arguing that the sublimits did not apply. After the lawsuit was filed, an agreed order was entered that stayed the case pending an appraisal. The appraisal award did not apply the $1,000 sublimit to the water damage from the pipe leak and segregated out damage for mold. (The insurer already paid the mold sublimit). The insurer ended up paying the appraisal award for the water damage caused by the pipe leak after deducting its pre-lawsuit sublimit payment. The insurer paid the award and did NOT challenge the application of the $1,000 sublimit in court, although it could have since coverage issues are decided by courts. Read the court decision
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    Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
    Mr. Adelstein may be contacted at dma@kirwinnorris.com

    Claim for Vandalism Loss Survives Motion to Dismiss

    October 02, 2015 —
    The court ruled that the insured's claim for vandalism of his house by a renter and for bad faith survived the insurer's motion to dismiss. Wehrenberg v. Metro. Prop. & Cas. Ins. Co., 2015 U.S. Dist. LEXIS 103758 (W.D. Pa. Aug. 7, 2015). The insured's home was insured by a homeowner's policy issued by Metropolitan. The insured rented his home to Alphonso Hyman in October 2011. In lieu of rent, Hyman was to pay the mortgage company the equivalent of his rent each month. In early 2012, Hyman stopped making the monthly rent/mortgage payments. The insured went to the home and found the locks had been changed. Looking in the windows, he saw the interior had been gutted. When the insured reached Hyman, Hyman said he was a contractor and was fixing the structural problems and would put the house back together. He also promised to make up late payments to the mortgage company. The insured did not report what he found to Metropolitan. 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

    Court Grants Summary Judgment to Insurer in HVAC Defect Case

    August 04, 2011 —

    The US District Court in Colorado has determined in the case of RK Mechanical, Inc. v. Travelers Property Casualty Company of America that Travelers did not breach its insurance contract when it refused to cover RK Mechanical.

    RK Mechanical performed an HVAC installation for a residential project for which J.E. Dunn Rocky Mountain was the general contractor. As part of the work, RK “installed approximately one hundred seventy-one CPVC flanges, which were manufactured by Charlotte Pipe and Foundry Company.” Two of these flanges failed in June, 2009 leading to water damage. RK replaced the cracked flanges and engaged in water remediation. “Travelers paid Dunn and RK for the costs associated with the water damage associated with the Flange Failure.” The court notes that Travelers did not pay for the cracked flanges, however.

    Subsequently, RK examined the remaining flanges, finding many cracked ones. These were replaced with new ones. Later, all the Charlotte flanges were replaced with ones from another manufacturer. RK applied for coverage.

    All sides brought in their experts: “Microbac Laboratories, Inc. prepared a report on behalf of RK concluding that the Flange Failure was due, in part, to an assembly or workmanship defect in addition to manufacturing defects in the flanges. Higgins & Associates prepared a report on behalf of Travelers concluding that the flanges failed due to improper installation. Plastic Failure Labs prepared a report on behalf of the flange manufacturer concluding that the flanges failed due to improper installation by RK.”

    At this point, Travelers denied coverage. RK sued alleging that the coverage for flange failure and water damage implicitly includes mitigation costs. The court rejected this claim, noting it would do so even if Travelers had paid for the replacement of the first two flanges. Nor did the court find that replacement of the faulty flanges is not "a covered cause of loss." RK also argued that as it was required to mitigate, Travelers was obligated to cover costs. However, the court found that “the mitigation costs expended by RK were not incurred in an effort to avoid damages from a potential breach of contract by Travelers.” The court additionally noted that despite RK’s claims, the Colorado courts have not found a common law duty to mitigate. Finally, the court found that the exclusions in the policy were not in violation of public policy.

    Read the court’s decision…

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    Reprinted courtesy of

    Florida High-Rise for Sale, Construction Defects Possibly Included

    October 30, 2013 —
    The owners of One Bal Harbour in Bal Harbour, Florida have filed for bankruptcy and are seeking to sell off the luxury condominium and hotel building. There have been problems with the building, including flooding and allegations of structural defects. The original developer went bankrupt and sold before the construction defect lawsuits begain. The building’s opening price of $13 million won’t wipe out Elcom’s $20 million in debt. Read the court decision
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    Reprinted courtesy of

    US Attorney Alleges ADA Violations in Chicago Cubs Stadium Renovation

    August 07, 2022 —
    The friendly confines of Wrigley Field are not so friendly to wheelchair users, according to federal prosecutors who filed a civil lawsuit July 14 alleging that the Chicago Cubs’ multi-year renovation of the baseball stadium eliminated prime wheelchair seating and did not include other accessible features required under the Americans with Disabilities Act. Reprinted courtesy of Annemarie Mannion, Engineering News-Record Ms. Mannion may be contacted at manniona@enr.com Read the full story... Read the court decision
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    Seabold Construction Ties Demise to Dispute with Real Estate Developer

    April 29, 2024 —
    When Harry W. Seabold, co-founder and CEO of Seabold Construction, died unexpectedly in January 2023 at age 69, the Beaverton, Ore.-based general contractor, which had been in business since 1984, kept chugging along for a year on two adjacent North Portland apartment projects. Reprinted courtesy of Richard Korman, Engineering News-Record Mr. Korman may be contacted at kormanr@enr.com Read the full story... Read the court decision
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    Reprinted courtesy of