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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

    Fairfield Connecticut Building Expert 10/ 10

    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
    For Fairfield Connecticut


    Hunton’s Geoffrey Fehling Confirmed to DC Bar Foundation’s Young Lawyers Network Leadership Council

    Miller Act Bond Claims Subject to “Pay If Paid”. . . Sometimes

    Noncumulation Clause Limits Coverage to One Occurrence

    After Sixty Years, Subcontractors are Back in the Driver’s Seat in Bidding on California Construction Projects

    Preventing Acts of God: Construction Accidents Caused by Outside Factors

    California Contractor License Bonds to Increase in 2016

    NLRB Hits Unions with One-Two Punch the Week Before Labor Day

    Critical Updates in Builders Risk Claim Recovery: Staying Ahead of the "Satisfactory State" Argument and Getting the Most Out of LEG 3

    U.S. Supreme Court Halts Enforcement of the OSHA Vaccine or Test Mandate

    Housing-Related Spending Makes Up Significant Portion of GDP

    Alleged Serious Defects at Hanford Nuclear Waste Treatment Plant

    Colorado Homes Approved Despite being Too Close Together

    New York Revises Retainage Requirements for Private Construction Contracts: Overview of the “5% Retainage Law”

    U.S. State Adoption of the National Electrical Code

    Newmeyer Dillion Named One of "The Best Places To Work In Orange County" by Orange County Business Journal

    California Supreme Court Holds that Requirement of Prejudice for Late Notice Defense is a Fundamental Public Policy of the State for Choice of Law Analysis

    Carwash Prosecutors Seek $1.6 Billion From Brazil Builders

    Rich NYC Suburbs Fight Housing Plan They Say Will ‘Destroy’ Them

    In Colorado, Repair Vendors Can Bring First-Party Bad Faith Actions For Amounts Owed From an Insurer

    The Privacy Shield Is Gone: How Do I Now Move Data from the EU to the US

    Labor Development Impacting Developers, Contractors, and Landowners

    Arizona Court of Appeals Awards Attorneys’ Fees in Quiet-Title Action

    Turkey Digs Out From a Catastrophe

    Crane Dangles and So Do Insurance Questions

    Toll Brothers Named #1 Home Builder on Fortune Magazine's 2023 World's Most Admired Companies® List

    Sometimes, Being too Cute with Pleading Allegations is Unnecessary

    Construction Group Seeks Defense Coverage for Hard Rock Stadium Claims

    Will COVID-19 Permanently Shift the Balance between Work from Home and the Workplace?

    Why A.I. Isn’t Going to Replace Lawyers Anytime Soon

    Governmental Immunity Waived for Independent Contractor - Lopez v. City of Grand Junction

    It Has Started: Supply-Chain, Warehouse and Retail Workers of Essential Businesses Are Filing Suit

    Building Permits Hit Five-Year High

    Nine ACS Lawyers Recognized by Best Lawyers®

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    California Assembly Bill Proposes an End to Ten Year Statute of Repose

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    Toronto Skyscraper With $1.2 Billion of Debt Has Been Put in Receivership

    A Court-Side Seat: A FACA Fight, a Carbon Pledge and Some Venue on the SCOTUS Menu

    U.S. Department of Justice Settles against Days Inn

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    Doing Construction Lead Programs the Right Way

    Eighth Circuit Considers Judicial Estoppel in Hazardous Substance Release-Related Personal Injury Case

    Water Drainage Case Lacks Standing

    The California Legislature Return the Power Back to the People by Passing the California Consumer Privacy Act of 2018

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    No Damage for Delay? No Problem: Exceptions to the Enforceability of No Damage for Delay Clauses
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    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.

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    Fairfield, Connecticut

    Several Lewis Brisbois Partners Recognized by Sacramento Magazine in List of Top Lawyers

    October 03, 2022 —
    Sacramento, Calif. (September 2, 2022) - Sacramento Magazine has recognized several partners from Lewis Brisbois' Sacramento office on its List of Top Lawyers of 2022. The list is developed through a peer nomination process, with nominees then evaluated on the basis of survey results, the legitimacy of their licenses, and their standing with the State Bar of California. Qualifying attorneys who then receive the highest number of votes from their peers are included in the list, which is organized by area of practice. Congratulations to:
    • Managing Partner John S. Poulos, recognized for Construction Law and Construction Litigation.
    • Partner Paul R. Baleria, recognized for Medical Malpractice.
    • Partner Scott E. Bartel, recognized for Securities & Corporate Finance and Securities Litigation.
    • Partner Greg L. Johnson, recognized for Banking & Financial Services.
    • Partner Eric J. Stiff, recognized for Mergers & Acquisitions.
    Read the court decision
    Read the full story...
    Reprinted courtesy of Lewis Brisbois

    New York Philharmonic Will Open Geffen Hall Two Years Ahead of Schedule

    April 11, 2022 —
    After decades of setbacks, the New York Philharmonic will finally perform in a gut-renovated concert hall in October. “The key is—two years early—on budget and on schedule,” says a triumphant Deborah Borda, the president and chief executive officer of the New York Philharmonic, standing under a scaffold in what will be the completely revamped concert hall. A happy ending was by no means guaranteed. The venue, set at New York’s Lincoln Center, had problems almost as soon as its doors opened in 1962. Concertgoers and performers complained that the sound was muddy and deadening. Read the court decision
    Read the full story...
    Reprinted courtesy of James Tarmy, Bloomberg

    Insurer Not Required to Show Prejudice from an Insured’s Late Notice When the Parties Contract for a Specific Reporting Period

    September 09, 2019 —
    The Fifth Circuit Court of Appeals recently affirmed an order granting summary judgment in favor of the Firm’s insurer client on an issue of first impression in Texas. The issue before the trial court was whether, under Texas law, an insurer is required to demonstrate prejudice resulting from an insured’s failure to comply with an agreed term set in an endorsement to the parties’ insurance contract establishing a specific time limit for an insured to give the insurer notice of a claim. The case involved alleged damage to an insured’s commercial property from a hailstorm. The insured did not report the alleged loss to its insurer until approximately 17 months after the date of loss. The insurer denied the claim based on a one-year notice requirement in a policy endorsement. The Texas Windstorm or Hail Loss Conditions Amendment Endorsement stated that:
    In addition to your obligation to provide us with prompt notice of loss or damage, with respect to any claim where notice of the claim is reported to us more than one year after the reported date of loss or damage, this policy shall not provide coverage for such claims.
    The insured sued the insurer in Houston federal court, alleging causes of action for breach of contract and violations of the Texas Insurance Code. The insured argued the insurer was required to show prejudice from the insured’s late notice; the insurer argued that a showing of prejudice was not required. The trial court recognized that this issue had not been decided by the Texas Supreme Court of the Fifth Circuit Court of Appeals. Read the court decision
    Read the full story...
    Reprinted courtesy of Christopher Raney, Gordon & Rees Scully Mansukhani
    Mr. Raney may be contacted at craney@grsm.com

    Remodel Leaves Guitarist’s Home Leaky and Moldy

    October 03, 2013 —
    The entertainment site TMZ reports that Eddie Van Halen is suing the contractor who remodeled his home. Mr. Van Halen claims that the contractor’s poor workmanship lead to water intrusion. According to the lawsuit, the roof and chimney leaked, and gutters and flashing were poorly installed. As a result, parts of the home suffered from mold damage. The lawsuit claims that Mr. Val Halen spent more than $1 million to repair his home after the remodel. Read the court decision
    Read the full story...
    Reprinted courtesy of

    Skanska Will Work With Florida on Barge-Caused Damage to Pensacola Bay Bridge

    October 19, 2020 —
    Florida Dept. of Transportation investigators continue to assess damage to the Pensacola Bay Bridge, which sustained multiple impacts from two construction barges unmoored by Hurricane Sally’s storm-driven waves on Sept. 15. Reprinted courtesy of Jim Parsons, Engineering News-Record ENR may be contacted at ENR.com@bnpmedia.com Read the full story... Read the court decision
    Read the full story...
    Reprinted courtesy of

    Construction Litigation—Battles on Many Fronts

    May 07, 2015 —
    When you are involved in construction litigation, you have battles on several fronts, including those against subcontractors, owners, insurers and the court. Shoring up your defenses on each of these fronts is imperative, or you may lose the battle or, worse yet, the war. A recent opinion out of the Eleventh Circuit Court of Appeals (overseeing federal courts in Alabama, Florida and Georgia) Carithers v. Mid-Continent Casualty Company, illustrates the various battle fronts involved in a construction case. In this case, the Carithers (Home Owner) sued their homebuilder, Cronk Duch Miller & Associates (Contractor) in state court after discovering multiple defects with their home. Battle Front #1—Claim Against Contractor The Contractor and Home Owner entered into a consent judgment for approximately $90,000.00 and the Contractor assigned its claim against its insurer to the Home Owner. It is unlikely that the Contractor paid the $90,000.00 judgment. The Home Owner likely agreed not to collect on the $90,000.00 in exchange for the chance to pursue the Contractor’s claim against its insurer. Read the court decision
    Read the full story...
    Reprinted courtesy of Craig Martin, Lamson, Dugan and Murray, LLP
    Mr. Martin may be contacted at cmartin@ldmlaw.com

    Litigation Counsel of America Honors Partner Victor Anderson with Peter Perlman Award

    November 10, 2016 —
    Partner Victor R. Anderson, III received the Peter Perlman Service Award in recognition of his efforts to improve the lives of others through his community service and charity work. The awards are presented to select attorneys throughout the year by the Litigation Counsel of America (LCA) to candidates whose exemplary contributions merit commendation. The Litigation Counsel of America is a close-knit, peer-selected, and aggressively diverse honorary society of 3,500 of the best trial lawyers. Less than one-half of one percent of American lawyers, vigorously vetted for skills, expertise, and service are invited to be on the Counsel. Read the court decision
    Read the full story...
    Reprinted courtesy of Victor R. Anderson, III, Haight Brown & Bonesteel LLP
    Mr. Anderson may be contacted at vanderson@hbblaw.com

    Where Standing, Mechanic’s Liens, and Bankruptcy Collide

    September 17, 2018 —
    I have spoken often about mechanic’s liens and the implications of such liens as they relate to bankruptcy here at Construction Law Musings. A recent case out of Loudoun County, Virginia added another wrinkle to this discussion, that of standing and what happens on conveyance of the property and what interest in the property is required to allow a party to seek removal of the mechanic’s lien. In Leesburg Bldg. P’rs LLC v. Mike Berger Inc. the Loudoun County Circuit Court faced the following scenario. Leesburg Building Partners developed certain condominiums and hired Lansdowne Construction to perform the work as general contractor and paid Landsdowne in full for the work. Lansdowne hired Mike Berger, Inc. (“MBI”) to perform concrete work for the project. Landsdowne didn’t pay MBI approximately $48,000.00 and subsequently filed for bankruptcy. MBI, seeking to protect it’s interest in the money it was owed, recorded a mechanic’s lien on the property. Leesburg Building Partners filed an action to declare the lien invalid and have it removed from the property based upon its “payment defense” and the fact that it had paid Landsdowne in full. A relatively simple scenario and one that has been discussed before here at Musings. Not so fast. . . Read the court decision
    Read the full story...
    Reprinted courtesy of Christopher G. Hill, The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at chrisghill@constructionlawva.com