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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

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    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

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    Home Builders Association of Connecticut (State)
    Local # 0700
    3 Regency Dr Ste 204
    Bloomfield, CT 06002

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    Building Expert News and Information
    For Fairfield Connecticut


    Design Immunity of Public Entities: Sometimes Designs, Like Recipes, are Best Left Alone

    Maria Latest Threat to Puerto Rico After $1 Billion Irma Hit

    Architectural Democracy – Interview with Pedro Aibéo

    Boyfriend Pleads Guilty in Las Vegas Construction Defect Scam Suicide

    Insurer in Bad Faith For Refusing to Commit to Appraisal

    Florida Law: Interplay of SIR and the Made-Whole Doctrine

    Musk Says ‘Chicago Express’ Tunnel Project Could Start Work in Months

    Last Call: Tokyo Iconic Okura Hotel Meets the Wrecking Ball

    Colorado Abandons the “Completed and Accepted Rule” in Favor of the “Foreseeability Rule” in Determining a Contractor’s Duty to a Third Party After Work Has Been Completed

    Contractual Indemnification Limitation on Florida Public Projects

    Liability Insurer Precluded from Intervening in Insured’s Lawsuit

    Disaster Remediation Contracts: Understanding the Law to Avoid a Second Disaster

    Manhattan Condo Lists for Record $150 Million

    Hawaii Federal District Court Again Rejects Coverage for Faulty Workmanship

    Justin Bieber’s Unpaid Construction Bill Stalls House Sale

    Guidance for Construction Leaders: How Is the Americans With Disabilities Act Applied During the Pandemic?

    Hawaii Federal District Court Rejects Bad Faith Claim

    Florida County Suspends Impact Fees to Spur Development

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

    Harmon Tower Demolition on Hold Due to Insurer

    Short on Labor, Israeli Builders Seek to Vaccinate Palestinians

    Water Backup Payment Satisfies Insurer's Obligation to Cover for Rain Damage

    Remodels Replace Construction in Redding

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

    APROPLAN and GenieBelt Merge, Creating “LetsBuild” – the Build Phase End-to-End Digital Platform

    Wall Failure Due to Construction Defect Says Insurer

    Homebuilder Predictions for Tallahassee

    Was Jury Right in Negligent Construction Case?

    Colorado Trench Collapse Kills Two

    New York’s Highest Court Weighs in on N.Y. Labor Law

    Making Construction Innovation Stick

    Defense for Additional Insured Not Barred By Sole Negligence Provision

    Weslaco, Texas Investigating Possible Fraudulent Contractor Invoices

    Washington Supreme Court Finds Agent’s Representations in Certificate of Insurance Bind Insurance Company to Additional Insured Coverage

    Designing a Fair Standard of Care in Design Agreements

    Employee Screening and Testing in the Covid-19 Era: Getting Back to Work

    Withdrawal of an Admission in California May Shift Costs—Including Attorneys’ Fees—Incurred in Connection with the Withdrawal

    Las Vegas Student Housing Developer Will Name Replacement Contractor

    Duke Energy Appeals N.C. Order to Excavate Nine Coal Ash Pits

    Georgia Court of Appeals Holds That Policyholder Can “Stack” the Limits of Each Primary Policy After Asbestos Claim

    State Farm Too Quick To Deny Coverage, Court Rules

    Manhattan Vacancies Rise in Epicenter Shift: Real Estate

    Waiver of Consequential Damages: The Most Important Provision in a Construction Contract

    Supplement to New California Construction Laws for 2019

    SFAA Commends Congress for Maintaining Current Bonding Protection Levels in National Defense Authorization Act (NDAA)

    Brown and Caldwell Appoints Stigers as Design Chief Engineer

    Condo Owners Allege Construction Defects

    20 Years of BHA at West Coast Casualty's CD Seminar: Chronicling BHA's Innovative Exhibits

    No Concrete Answers on Whether Construction Defects Are Occurrences

    Business Interruption Insurance Coverage Act of 2020: Yet Another Reason to Promptly Notify Insurers of COVID-19 Losses
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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. 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.

    Building Expert News & Info
    Fairfield, Connecticut

    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

    Missouri Construction Company Sues Carpenter Union for Threatening Behavior

    February 10, 2014 —
    According to KMOV News, Raineri Construction Company in Missouri filed suit against the Local Carpenters’ District Council claiming employees had been “stalked and threatened” by the union. However, the Carpenters Union “denies the allegations” and said “it has the right to protest against a company that doesn’t always meet the union standards for pay and benefits.” Tony Raineri, one of the construction company’s executives, said to KMOV News: “For me it wasn’t such a big deal until they started making threats of bodily harm, started following me and my wife to our home, started following my employees to their homes.” KMOV News reported that a “union representative told News 4’s Craig Cheatham that no one acting on behalf of the Carpenters Union ever threatened, harassed or stalked Raineri, his employees or their clients.” Read the court decision
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    Reprinted courtesy of

    You Cannot Always Contract Your Way Out of a Problem (The Case for Dispute Resolution in Mega and Large Complex Construction Projects)

    September 16, 2024 —
    Most experienced commercial transaction and construction attorneys strive to negotiate a concisely written and well-drafted contract that addresses all scenarios and issues that creative and highly contemplative professionals can conjure. Although contracts are extremely important in construction projects, “you can’t generally contract your way out of a problem,” states Michael Loulakis, a founder of Capital Project Strategies, LLC and a nationally recognized expert on project delivery systems in complex public sector design-build projects and public-private partnership programs. Loulakis adds, “the contract certainly matters. But particularly when the losses are big, litigators prosecuting the contractors often find effective ways to argue that facts and circumstances trump the contract.” However, “the difference between the best construction projects and the worst construction projects is not the written words of the contracts but how the parties have committed to engage collaboratively and with trust to complete the project,” notes Robynn Thaxton, an attorney and consultant with Thaxton Parkinson PLLC and Progressive Design-Build Consulting, LLC and one of the leading experts in construction law and alternative procurement on a national basis.[i] In large, complex construction projects, the need for parties to collaboratively resolve disputes is highlighted by the judicial acceptance of the “Doctrine of the Contextual Contract”[ii] to interpret construction contracts. “As construction’s increasing technological and managerial complexity came to be recognized, some common law courts began turning away from strict interpretation of language within the four corners of a contract and moving toward recognizing in the enforcement of contracts the construction industry’s own experience, customs, practices and implied conditions and duties and the factual context underlying the contract. Courts [began the journey] along the road from ‘text’ to ‘context.’”[iii] Thus, the precise wording of the contract has become less important and industry practices and other conditions provide insight for resolving disputes. Consequently, despite the specific language of any construction contract and the clear allocation of responsibilities and risks, early dispute evaluation and resolution are critical to a successful project. Read the court decision
    Read the full story...
    Reprinted courtesy of Lisa D. Love, JAMS

    Commentary: How to Limit COVID-19 Related Legal Claims

    January 11, 2021 —
    We are 10 months into the global pandemic. Given the magnitude of additional costs and upended expectations and risk-allocation, we foresee a wave of disputes coming soon. Whether it is large or small depends heavily on how well project team members handle the COVID-19 project impacts now. Reprinted courtesy of Joshua Lindsay, Crowell & Moring (ENR) and Meagan Bachman, Crowell & Moring (ENR) Ms. Bachman may be contacted at mbachman@crowell.com Mr. Lindsay may be contacted at joshlindsay@crowell.com Read the full story... Read the court decision
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    Reprinted courtesy of

    CEB’s Mechanics Liens and Related Remedies – 2014 Update

    November 26, 2014 —
    I’ve been writing for the CEB – the Continuing Education of the Bar – which publishes legal practice guides for lawyers for some time now. But I don’t think I’ve been quite as excited to write for the CEB than writing for its publication, California Mechanics Liens and Related Construction Remedies, for the first time this year. Particularly, since it’s one of the first publications I used as a young lawyer to learn about construction law, and still use today. Read the court decision
    Read the full story...
    Reprinted courtesy of Garret Murai, Wendel Rosen Black & Dean LLP
    Mr. Murai may be contacted at gmurai@wendel.com

    Cause Still Unclear in March Retaining Wall Collapse on $900M NJ Interchange

    June 07, 2021 —
    A probe continues by construction engineer Hardesty and Hanover LLC into what caused the late March collapse of a retaining wall that is part of one of New Jersey's largest roadbuilding projects—the already late-running effort called Direct Connection, which aims to untangle the convoluted interchange of north-south I-295 and east-west Route 42 in Camden County. Reprinted courtesy of Stephanie Loder, Engineering News-Record ENR may be contacted at ENR.com@bnpmedia.com Read the full story... Read the court decision
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    Reprinted courtesy of

    American Arbitration Association Revises Construction Industry Rules and Mediation Procedures

    April 08, 2024 —
    The American Arbitration Association (AAA), one of the longest-standing and experienced alternative dispute resolution (ADR) administrators, has unveiled a significant update to its Construction Industry Rules and Mediation procedures. This update, last revised in 2015, became effective March 1, 2024. Changes to the AAA Construction Industry Rules are significant as these rules are incorporated by default in American Institute of Architects standard construction forms, which are widely used in the industry. Advancements in remote access technology drive a substantial number of new changes. Others are designed to streamline the arbitrator appointment process and certain prehearing procedures and to make arbitration more cost-efficient by enhancing the arbitrator’s case management authority. Some of the more notable changes are: Fast Track F-1: The limit for cases eligible for AAA’s Fast Track Procedures has been increased from $100,000 to $150,000 so long as no claim or counterclaim exceeds that amount. Reprinted courtesy of Dennis Cavanaugh, Robinson & Cole and Larry Grijalva, Robinson & Cole Mr. Cavanaugh may be contacted at dcavanaugh@rc.com Mr. Grijalva may be contacted at lgrijalva@rc.com Read the court decision
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    Reprinted courtesy of

    Georgia Court Clarifies Landlord Liability for Construction Defects

    June 02, 2016 —
    In Cowart v. Schevitz, the Georgia Court of Appeals clarified the instances in which an out-of-possession landlord can be liable in a premises liability claim. No. A15A2036, 2016 WL 563114, at *4 (Ga. Ct. App. Feb. 15, 2016). In this case, the plaintiff was leaving a restaurant and injured herself stepping down off of a sidewalk near the bottom of a ramp. The plaintiff filed a premises liability claim against the owner of commercial property (the “landlord”) and the operator of the restaurant (who later settled), seeking medical expenses and costs of litigation. An expert testifying on behalf of the plaintiff stated that the ramp was required to have railings pursuant to building codes and, had the railings been installed on the ramp, the plaintiff’s fall more than likely would not have occurred. The landlord moved for summary judgment, arguing that as an out-of-possession landlord, his liability to third persons for the use of the property by his tenant was precluded under O.C.G.A. § 44-7-14. The trial court denied the motion without comment, and the owner subsequently appealed. Read the court decision
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    Reprinted courtesy of Chadd Reynolds, Autry, Hanrahan, Hall & Cook, LLP
    Mr. Reynolds may be contacted at reynolds@ahclaw.com