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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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    Local # 0700
    3 Regency Dr Ste 204
    Bloomfield, CT 06002

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    Building Expert News and Information
    For Fairfield Connecticut


    Contractor Wins in Arbitration Only to Lose Before the Superior Court on Section 7031 Claim

    General Liability Alert: A Mixed Cause of Action with Protected and Non-Protected Activity Not Subject to Anti-SLAPP Motion

    Axa Unveils Plans to Transform ‘Stump’ Into London Skyscraper

    Domingo Tan Receives Prestigious Ollie Award: Excellence in Construction Defect Community

    Quick Note: Discretion in Determining Prevailing Party for Purposes of Attorney’s Fees

    NY Supreme Court Rules City Not Liable for Defective Sidewalk

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

    Pensacola Bridge Repair Plan Grows as Inspectors Uncover More Damage

    Insurance Policies and Indemnity Provisions Are Not the Same

    In a Win for Property Owners California Court Expands and Clarifies Privette Doctrine

    Does the Russia Ukraine War Lead to a Consideration in Your Construction Contracts?

    Nine ACS Lawyers Recognized by Best Lawyers®

    Construction Defect Headaches Can Be Avoided

    U.S. State Adoption of the National Electrical Code

    You Need to be a Contractor for Workers’ Compensation Immunity to Apply

    How a Robot-Built Habitat on Mars Could Change Construction on Earth

    New World to Demolish Luxury Hong Kong Towers in Major Setback

    New Jersey Appellate Decision Reminds Bid Protestors to Take Caution When Determining Where to File an Action

    The World’s Largest 3D-Printed Neighborhood Is Here

    How Robotics Can Improve Construction and Demolition Waste Sorting

    Gut Feeling Does Not Disqualify Expert Opinion

    Colorado Legislature Kills SB 20-138 – A Bill to Extend Colorado’s Statute of Repose

    U.S. Firm Helps Thais to Pump Water From Cave to Save Boys

    Construction Goes Green in Orange County

    The Latest News on Fannie Mae and Freddie Mac

    Henkels & McCoy Pays $1M in Federal Overtime-Pay Case

    Vacation Rentals: Liability of the Owner for Injury Suffered by the Renter

    Owner’s Slander of Title Claim Against Contractor Recording Four Separate Mechanics Liens Fails Under the Anti-SLAPP Statute

    A License to Sue: Appellate Court Upholds Condition of Statute that a Contracting Party Must Hold a Valid Contractor’s License to Pursue Action for Recovery of Payment for Contracting Services

    Construction Employment Rises in Half of the States

    Hawaii Supreme Court Construes Designated Premises Endorsement In Insured's Favor

    OSHA Releases COVID-19 Guidance

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    Nomos LLP Partner Garret Murai Recognized by Super Lawyers

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    The Complex Insurance Coverage Reporter – A Year in Review

    Let it Shine: California Mandates Rooftop Solar for New Residential Construction

    Settling with Some, But Not All, of the Defendants in a Construction Defect Case

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    Nevada Supreme Court Declares Subcontractor Not Required to Provide Pre-Litigation Notice to Supplier

    Force Majeure Under the Coronavirus (COVID-19) Pandemic

    Demand for New Homes Good News for Home Builders

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    Corporate Profile

    FAIRFIELD CONNECTICUT BUILDING EXPERT
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    The Fairfield, Connecticut Building Expert Group is comprised from a number of credentialed construction professionals possessing extensive trial support experience relevant to construction defect and claims matters. Leveraging from more than 25 years experience, BHA provides construction related trial support and expert services to the nation's most recognized construction litigation practitioners, Fortune 500 builders, commercial general liability carriers, owners, construction practice groups, and a variety of state and local government agencies.

    Building Expert News & Info
    Fairfield, Connecticut

    Pre-Covid Construction Contracts Unworkable as Costs Surge, Webuild Says

    October 17, 2022 —
    Infrastructure construction contracts signed before the pandemic have become widely unworkable because of the surging cost of labor and materials, supply-chain blockages and difficulties in securing manpower, according to builder Webuild SpA. Milan-based Webuild is wrestling with a 2019 agreement with the Australian government to construct the country’s largest hydroelectric power station for A$5.1 billion ($3.2 billion). It’s meant to be completed by 2026. The Snowy 2.0 project, in the Snowy mountains about six hours’ drive south of Sydney, has come to highlight the challenges of completing large-scale projects on terms that were struck before Covid-19, and before Russia invaded Ukraine. Webuild’s Asia-Pacific director, Marco Assorati, said the value of the Snowy contract, as well as certain other parameters, need to be changed to reflect the current market. He declined to comment specifically on media reports that the consortium has asked the Australian government for an extra A$2.2 billion to complete the work and that the project is 18 months behind schedule. “It is challenging,” Assorati said. “I think clients understand this conversation must happen and there must be a way to cope with unforeseen increases in cost,” Assorati said. “It’s not needed only on the Snowy project. It’s affecting projects everywhere globally.” Read the court decision
    Read the full story...
    Reprinted courtesy of Angus Whitley, Bloomberg

    NIBS Consultative Council Issues Moving Forward Report on Healthy Buildings

    July 25, 2021 —
    (WASHINGTON, DC, July 13, 2021) – The National Institute of Building Sciences Consultative Council has issued its 2020 Moving Forward Report, looking closely at the importance of healthy buildings. The report examines how buildings can protect and promote public health, providing recommendations for President Biden and policymakers on three components of healthy buildings: indoor environmental quality, the importance of design in promoting health, and promoting knowledge transfer between building owners and public health officials. “Ensuring that the spaces where we live and work are healthy and safe for continued occupancy is critical to overcoming the pandemic,” said Lakisha A. Woods, CAE, President and CEO of NIBS. “This is a fundamental pillar of public health and community resilience. The concept of healthy buildings goes well beyond continual sanitation of a building’s indoor environment to eliminate pathogens.” About NIBS National Institute of Building Sciences brings together labor and consumer interests, government representatives, regulatory agencies, and members of the building industry to identify and resolve problems and potential problems around the construction of housing and commercial buildings. NIBS is a nonprofit, non-governmental organization. It was established by Congress in 1974. For more information, visit nibs.org or follow @bldgsciences on Twitter and Facebook. Read the court decision
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    Reprinted courtesy of

    Hunton Insurance Head Interviewed Concerning the Benefits and Hidden Dangers of Cyber Insurance

    December 04, 2018 —
    The head of Hunton Andrews Kurth’s insurance practice, Walter Andrews, was interviewed earlier this week by ABC 7 (WJLA) concerning the need for cyber insurance and the benefits that it can provide to government contractors and other businesses that are impacted by a cyber event. Andrews explains the diverse spectrum of benefits that are available through cyber insurance products, but cautions that a serious lack of uniformity exists among today’s cyber insurance products, making it crucial that policyholders carefully analyze their cyber insurance to ensure it provides the scope and amount of insurance they desire. Read the court decision
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    Reprinted courtesy of Michael S. Levine, Hunton Andrews Kurth
    Mr. Levine may be contacted at mlevine@HuntonAK.com

    Virtual Mediation – How Do I Make It Work for Me?

    December 21, 2020 —
    Mediation took the construction industry by storm in the late 1980’s and has become a staple for resolving construction claims. Today, most construction contracts, including the ConsensusDocs, require mediation as a condition precedent to binding dispute resolution, whether it be arbitration or litigation. As a result, many construction executives have spent long hours sitting in conference rooms trying to reach resolution with their counterpart through mediation in order to avoid the alternative – costly arbitration or litigation that often produces an unsatisfactory result. While many businesses have foreclosed the possibility of meeting in person due to the COVID-19 pandemic, the contractual requirements for mediation remain. Thus, in most cases, in-person or live mediation is no longer an option; however, attorneys and mediators have developed a virtual process to replace the live process. With a new process comes many questions: Does the virtual process work? What are the best practices and pitfalls for virtual mediation? Will virtual mediation continue when COVID-19 fades away? How do I make virtual mediation work for me? The answers to these questions and more are discussed below. Reprinted courtesy of Adrian L. Bastianelli, III, Peckar & Abramson, P.C. and Jennifer Harris, Peckar & Abramson, P.C. Mr. Bastianelli may be contacted at abastianelli@pecklaw.com Ms. Harris may be contacted at jharris@pecklaw.com Read the court decision
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    Reprinted courtesy of

    Top Five General Tips for All Construction Contracts

    October 26, 2020 —
    For this week’s Guest Post Friday here at Musings we welcome Spencer Wiegard. Spencer is a Partner with Gentry Locke Rakes & Moore, LLP. He is a member of the firm’s Construction Law and Commercial Litigation practice groups. Spencer focuses his practice in the areas of construction law and construction litigation. Spencer is a member of the Board of Governors for the Virginia State Bar Construction Law and Public Contracts Section, and a member of the Legislative Committee of the Associated General Contractors of Virginia and the Executive Committee for the Roanoke/SW Virginia District of the Associated General Contractors of Virginia. I would like to thank Chris for inviting me to author today’s guest post. Over the past few days, I have found myself wading through the terms and conditions of a lengthy and complicated construction contract, while at the same time aggressively negotiating for Houston house leveling cost readjustments. As I slogged through the legalese, I was reminded of a presentation that I gave earlier this year to the Roanoke District of the Virginia Associated General Contractors. The district’s executive committee asked me to speak to its members concerning the broad topic of “Construction Contracts 101.” At the beginning of my presentation, I passed along my top five general tips for all construction contracts. Although some of these tips may sound like common sense, I often encounter situations where these basic rules are violated by experienced contractors, subcontractors, suppliers and design professionals. My top five general tips for all construction contracts are:
    1. Reduce the terms of the agreement to writing.
      1. The written agreement should include all important and relevant information and terms. If it was important enough to discuss prior to signing the contract, it is important enough to include in the written contract;
      2. At a minimum, include who, what, when, where, how, and how much;
      3. Both parties should sign the written agreement; and
      4. Don’t ignore handwritten changes to the contract, as these changes may either mean that you don’t have a deal, or they may become part of the contract when you sign it.
      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

      Final Thoughts on New Pay If Paid Legislation in VA

      August 15, 2022 —
      This past General Assembly session, and after a governor’s amendment and with the convening of a study group, a new statute banning so-called “pay-if-paid” clauses from enforcement was passed. Some of the key features of the legislation are as follows: It does not take effect until January 1, 2023, and, For those construction contracts in which there is at least one general contractor and one subcontractor:
      1. It requires payment within 60 days of receipt of an invoice following the satisfactory performance of the work or within 7 days of receipt of payment by the Owner
      2. It allows for retainage
      3. It allows the higher-tier contractor to withhold money for improper performance
      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

      Building 47 Bridges in Two Years

      December 23, 2023 —
      Every construction project has its challenges, but some truly push the boundaries of what is achievable in the heavy civil industry. When the Indiana Department of Transportation sought to modernize its I-65/I-70 North Split Interchange in Indianapolis, Indiana, its request for proposals included building 47 new bridges and rehabilitating six additional bridges on an ambitious two-year timeline—905 days to substantial completion. “Three design-build teams responded to the RFQ, and the same three teams responded to the RFP,” according to INDOT Strategic Communications Director Natalie Garrett. “Proposals were scored and evaluated using the best-value evaluation process defined by INDOT. The score was a combination of a technical proposal score and a price score.” Reprinted courtesy of Dan Sopczak, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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      Reprinted courtesy of

      Reminder: The Devil is in the Mechanic’s Lien Details

      February 16, 2017 —
      As readers of Construction Law Musings are well aware, mechanic’s liens and their picky and at times overly form oriented nature are near and dear to my heart as a construction attorney here in Virginia. I recently had the opportunity to meet this head on in Hanover County, Virginia Circuit Court. I was defending a suit to enforce a mechanic’s lien in the context of a lien that had been released pursuant to a bond deposited with the court under Va. Code 43-71 on behalf of my client, the defendant in that suit. The case, G.H. Watts Construction, Inc. v. Cornerstone Builders, LLC, involved a memorandum of lien recorded by G. H. Watts without the assistance of an attorney in which the claimant was identified as “G. H. Watts Construction, Inc.” while the signatory on the memorandum of lien and the claimant identified in the notary block were identified as “Gary H. Watts” and “Gary Watts” respectively. Nowhere on the memorandum was Gary Watts’ capacity as it related to the company, nor did it state that Gary Watts was an agent for claimant. Read the court decision
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      Reprinted courtesy of Christopher G. Hill, The Law Office of Christopher G. Hill
      Mr. Hill may be contacted at chrisghill@constructionlawva.com