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    Building Expert News and Information
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    Congratulations to our 2019 Southern California Super Lawyers Rising Stars

    Reminder: Just Being Incorporated Isn’t Enough

    Construction Litigation Roundup: “It’s None of Your Business.”

    Seventh Circuit Remands “Waters of the United States” Case to Corps of Engineers to Determine Whether there is a “Significant Nexus”

    Insurer's Motion in Limine to Dismiss Case for Lack of Expert Denied

    Second Circuit Court Differentiates the Standard for Determining Evident Partiality for a Neutral Arbitrator and a Party-Appointed Arbitrator

    Finalists in San Diego’s Moving Parklet Design Competition Announced

    New Jersey Supreme Court Upholds $400 Million Award for Superstorm Sandy Damages

    Jury Finds Broker Liable for Policyholder’s Insufficient Business Interruption Limits

    Contractor Changes Contract After Signed, Then Sues Older Woman for Breaking It

    Obama Asks for $302 Billion to Fix Bridges and Potholes

    Design Professional Liens: A Blueprint

    The Economic Loss Rule: From Where Does the Duty Arise?

    Construction Defects Survey Results Show that Warranty Laws Should be Strengthened for Homeowners & Condominium Associations

    Rhode Island Closes One Bridge and May Have Burned Others with Ensuing Lawsuit

    I-35W Bridge Collapse may be Due to “Inadequate Load Capacity”

    Replacing Coal Plants with Renewables Is Cheaper 80% of the Time

    White and Williams Announces Lawyer Promotions

    Fourth Circuit Holds that a Municipal Stormwater Management Assessment is a Fee and Not a Prohibited Railroad Tax

    Umbrella Policy Must Drop Down to Assist with Defense

    Hospital Settles Lawsuit over Construction Problems

    Traub Lieberman Attorneys Named to Hudson Valley Magazine’s 2022 Top Lawyers List

    South Dakota Supreme Court Holds That Faulty Workmanship Constitutes an “Occurrence”

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    How to Remove a Mechanics Lien from Your Property

    AB 1701 Has Passed – Developers and General Contractors Are Now Required to Double Pay for Labor Due to Their Subcontractors’ Failure to Pay

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    Insurer Not Entitled to Summary Judgment on Construction Defect Claims

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    Haight has been named a Metropolitan Los Angeles Tier 1 “Best Law Firm” in four practice areas and Tier 2 in one practice area by U.S. News – Best Lawyers® “Best Law Firms” in 2020

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    Nine Haight Attorneys Selected for Best Lawyers®: Ones to Watch 2021

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    Alabama Federal Magistrate Recommends Dismissal of Construction Defect Declaratory Judgment Action Due to Expanded Duty to Defend Standard

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    Corporate Profile

    FAIRFIELD CONNECTICUT BUILDING EXPERT
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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. 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

    The Louvre Abu Dhabi’s Mega-Structure Domed Roof Completed

    September 24, 2014 —
    The final part of the Louvre Abu Dhabi’s 180-metres (almost 600 feet) long domed roof was put into place on Monday, according to Arabian Business. The 12,000 tonne dome is “made up of a steel structure, weighing 7,000 tonnes (almost as much as the Eiffel Tower), and a further 5,000 tonnes of aluminum cladding.” Carlos Antonio-Wakim, executive director of development at master developers TDIC, stated (as quoted by Arabian Business) that construction was on schedule for the opening of the museum, which is on Saadiyat Island, by the end of next year. “The concrete works under the dome is all done, so we have all the galleries up and fit-out of those galleries has already begun,” Antonio-Wakim told Arabian Business. “There is also a lot of electromechanical works. A complex project like this requires a lot of mechanical and electrical coordination.” Read the court decision
    Read the full story...
    Reprinted courtesy of

    IoT: Take Guessing Out of the Concrete Drying Process

    February 06, 2019 —
    Flooring, tiling, or painting on a concrete surface that is insufficiently dry can end up being a disaster. An experimental project recently used IoT sensors and AI to determine when it is safe to start finishing concrete surfaces. Haste and Imperfect Conditions Lead to Failure To successfully first cure and then dry concrete requires specific conditions. You need to maintain a temperature higher than 10°C and a relative humidity of greater than 80 percent in the concrete. Once the concrete is hardened, you have to make sure that it is dry enough for finishing. Typically, the relative humidity should not exceed 82 percent. Some flooring materials require a humidity of less than 75 percent for successful application. Read the court decision
    Read the full story...
    Reprinted courtesy of Aarni Heiskanen, AEC Business
    Mr. Heiskanen may be contacted at aec-business@aepartners.fi

    Fifth Circuit Reverses Summary Judgment Award to Insurer on Hurricane Damage Claim

    December 18, 2022 —
    The Fifth Circuit reversed the district court's grant of summary judgment to the insurer on a property damage claim arising from Hurricane Harvey. Advanced Indicator and Manufacturing, Inc. v. Acadia Ins. Co., 50 F.4th 469 (2022). After Hurricane Harvey struck southern Texas in 2017, Advanced submitted a claim to Acadia for damage to its building that it claimed was caused by the hurricane's winds. Acadia sent an adjuster, Nick Warren, as well as an engineer, Jason Watson. Watson determined that pre-existing conditions - including ongoing leaks from deterioration and poor workmanship - caused the damage, rather than winds from Hurricane Harvey. Warren adopted these conclusions in his recommendations to Acadia. Acadia denied Advanced's claim based on these reports. Advanced sued Acadia, alleging breach of contract and bad faith. Advanced filed a motion to remand to state court which was denied. Acadia moved for summary judgment arguing that it did not breach the policy and that Advanced could not segregate any damages caused by hurricane from pre-existing damage. The district court granted Acadia's motion, finding that Acadia's denial of Advanced's claim was based on "extensive consideration of the evidence." Further, Advanced failed to carry its burden of showing that covered and non-covered damages could be segregated as required by Texas's concurrent causation doctrine. Finally, the bad faith claim was dismissed because there was no breach of contract. 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

    The Jersey Shore gets Beach Prisms Designed to Reduce Erosion

    January 22, 2014 —
    Thirty-five beach prisms manufactured by Smith-Midland Corporation have been installed along the Jersey shore in Ocean Gate, New Jersey. According to the Wall Street Journal, “The prisms protect homes, prevent erosion, and reduce impacts from natural disasters like Hurricane Sandy.” They “are made with a built-in parabolic curve that scatters waves away as spray instead of allowing them to crash up onto the vulnerable shoreline.” Ocean Gate’s Mayor Paul J. Kennedy stated, "We've been losing beach year after year with the Nor'easters we get. So we came up with an idea that hopefully will work,” The Wall Street Journal reported. Read the court decision
    Read the full story...
    Reprinted courtesy of

    A Trio of Environmental Decisions from the Fourth Circuit

    August 28, 2018 —
    Within the past few weeks, the U.S. Court of Appeals for the Fourth Circuit has issued some very significant rulings regarding the construction of new natural gas pipelines. These cases are Berkley, et al. v. Mountain Valley Pipeline, LLC, decided July 25; Sierra Club, Inc., et al., v. U.S. Forest Service, The Wilderness Society, et al., v. U.S. Forest Service, and Sierra Club, Inc. et al. v. U.S. Department of the Interior, decided July 27, 2018; and Sierra Club v. U.S. Department of the Interior and Defenders of Wildlife, et al., v. U.S. Department of the Interior, decided August 6, 2018. The first two cases involve the Mountain Valley Pipeline, and the last case involves the Atlantic Coast Pipeline. Read the court decision
    Read the full story...
    Reprinted courtesy of Anthony B. Cavender, Pillsbury
    Mr. Cavender may be contacted at anthony.cavender@pillsburylaw.com

    Remote Depositions in the Post-Covid-19 World

    September 06, 2021 —
    Despite the easing of COVID-19 restrictions in California, many of the changes imposed on the legal industry by the pandemic will likely remain in effect for the foreseeable future. One major change for litigators has been conducting depositions remotely. This change takes an already intricate task and makes it further complex by adding a new dimension of factors to consider. It is imperative that litigators understand these factors to avoid giving their opposition an undue advantage and to maximize the utility of depositions. While we may disagree as to whether remote depositions are a welcome change, the fact of the matter is that lawyers must adapt to them and provide adequate legal representation. This article explores some of the challenges and opportunities presented by remote depositions.
    1. The Deponent
    2. The deponent is the single most important element of any deposition and handing it properly becomes even more delicate in remote settings. I recently took a deposition where the plaintiff met their attorney for the first time at their deposition. The result was not spectacular. The plaintiff was ill-prepared, and the case eventually settled for far less than what it might have if it had been better prepared.
    Read the court decision
    Read the full story...
    Reprinted courtesy of Islam M. Ahmad, Wilke Fleury, LLP
    Mr. Ahmad may be contacted at iahmad@wilkefleury.com

    Defining Construction Defects

    February 04, 2013 —
    Joseph M. Junfola has started a series at PropertyCasualty360.com on construction defect, and as is appropriate with an in-depth look, he starts by defining the central terms. What is a construction defect? What is a construction defect claim? Junfola notes that "there is no one uniform definition in all jurisdictions," and so he looks at the commonalities to "fashion at least a working definition." Nevada says that a construction defect "includes a defect in the design, construction, manufacture, repair or landscaping of a new residence, of an alteration of or an addition to an existing residence, or of an appurtenance." According to Florida it is "a deficiency in, or a deficiency arising of, the design, specifications, surveying, planning, supervision, observation of construction, or construction, repair, alteration, or remodeling of real property." He continues that a construction defect claim is "a claim for damages, i.e. money, arising out of a defect in construction, including defective design, faulty workmanship, and defective materials," but he notes that this is typically pursuant to the discovery of the problem within a given time. Read the court decision
    Read the full story...
    Reprinted courtesy of

    Storm Eunice Damage in U.K. Could Top £300 Million

    February 28, 2022 —
    Hundreds of thousands of homes are still without power due after Storm Eunice tore through the country, while insurers have indicated the clean-up could cost more than £300 million. At least four people were killed in the UK and Ireland during one of the worst storms in decades, with a gust of 122mph provisionally recorded at the Needles on the Isle of Wight, which, if verified, would be the highest ever recorded in England. Energy Networks Association (ENA) has said nearly 400,000 homes had no electricity on Friday night, with network providers recording 156,000 disrupted customers for UK Power Networks, 120,000 for Scottish & Southern, 112,000 for Western Power, 6,000 for Northern Power and 260 for Electricity North West. Read the court decision
    Read the full story...
    Reprinted courtesy of Bloomberg