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    Home Builders & Remo Assn of Fairfield Co
    Local # 0780
    433 Meadow St
    Fairfield, CT 06824

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    Local # 0740
    20 Hartford Rd Suite 18
    Salem, CT 06420

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    Rocky Hill, CT 06067

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    Local # 0755
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    Local # 0710
    110 Brook St
    Torrington, CT 06790

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    3 Regency Dr Ste 204
    Bloomfield, CT 06002

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    Building Expert News and Information
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    Tennessee Court of Appeals Holds Defendant Has the Burden of Offering Alternative Measure of Damages to Prove that Plaintiff’s Measure of Damages is Unreasonable

    Defeating the Ten-Year Statute of Repose For Latent Construction Defects

    Eastern District of Pennsylvania Denies Bad Faith Claim in HO Policy Dispute

    Real Estate & Construction News Roundup (8/21/24) – REITs Show Their Strength, Energy Prices Increase Construction Costs and CRE Struggles to Keep Pace

    WATCH: 2023 Construction Economic Update and Forecast

    Ninth Circuit Issues Pro-Contractor Licensing Ruling

    Patti Santelle Honored by Rutgers School of Law with Arthur E. Armitage Sr. Distinguished Alumni Award

    Herman Russell's Big Hustle

    Construction Litigation Roundup: “Just Hanging Around”

    Florida Accuses Pool Contractor of Violating Laws

    Persimmon Offers to Fix Risky Homes as Cladding Crisis Grows

    Tension Over Municipal Gas Bans Creates Uncertainty for Real Estate Developers

    Pa. Contractor Pleads No Contest to Prevailing-Wage Charges, Pays Workers $20.7M

    Shoring of Problem Girders at Salesforce Transit Center Taking Longer than Expected

    Newmeyer Dillion Attorneys Named to 2020 Southern California Rising Stars List

    Las Vegas HOA Conspiracy & Fraud Case Delayed Again

    First Quarter Gains in Housing Affordability

    Remodel Leads to Construction Defect Lawsuit

    Massachusetts Roofer Killed in Nine-story Fall

    Duty to Defend Sorted Between Two Insurers Based Upon Lease and Policies

    Construction Defects and Second Buyers in Pennsylvania

    Homeowner Survives Motion to Dismiss Depreciation Claims

    The California Legislature Passes SB 496 Limiting Design Professional Defense and Indemnity Obligations

    Top 10 Take-Aways: the ABA Forum's 2024 Mid-Winter Meeting

    Dynamics of Managing Professional Liability Claims for Design Builders

    The A, B and C’s of Contracting and Self-Performing Work Under California’s Contractor’s License Law

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    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.

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    Fairfield, Connecticut

    Real Estate & Construction News Roundup (10/1/24) – Hybrid Work Technologies, AI in Construction and the Market for Office Buildings

    November 05, 2024 —
    In our latest roundup, commercial mortgage bond market in trouble, commercial real estate investments, pressure on mortgage REITs, and more!
    • Short-term issues facing U.S. commercial real estate have made it an investment opportunity and values have bottomed out. (CNBC)
    • As organizations report plans to shake up their real estate portfolios, the flight to quality spurs interest in space planning, amenities and hybrid work technologies. (Joe Burns, Facilities Dive)
    • The conversation about AI’s potential benefits and risks has been a common refrain in construction recently. (Matthew Thibault, Construction Dive)
    Read the court decision
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    Reprinted courtesy of Pillsbury's Construction & Real Estate Law Team

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

    September 14, 2017 —
    The South Dakota Supreme Court recently determined that damage resulting from a subcontractor’s failure to test soil compaction before constructing a home constituted an “accident” and was therefore an “occurrence” under a commercial general liability (CGL) policy. In Owners Ins. Co. v. Tibke Construction, Inc., the homeowners hired Tibke Construction, Inc. to build a new house, and Tibke Construction hired subcontractor Jerry’s Excavating to perform excavation work. The homeowners contended that Jerry’s Excavating failed to do soil compaction testing before commencing construction, which resulted in the home being built on highly expansive soils, leading to damage including excessive settlement, cracking and structural unsoundness. Read the court decision
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    Reprinted courtesy of Samantha Martino, Saxe Doernberger & Vita, P.C.
    Ms. Martino may be contacted at smm@sdvlaw.com

    Risk Management and Contracting after Hurricane Irma: Suggestions to Avoid a Second Disaster

    September 14, 2017 —
    Peckar & Abramson attorneys have assisted contractors in the immediate aftermath of several Hurricanes, including Andrew in 1992, Wilma in 2005, Ike in 2008, and Sandy in 2012. Based on this experience, we offer some post-storm strategies for contracting and risk management in three situations:
    1. Ongoing projects in the area directly impacted by the storm;
    2. Projects remote from the storm-impacted areas, but which may be affected by material or labor shortages; and
    3. Requests for assistance in recovery/clean-up/rebuild eff orts, which would be new projects.
    Projects Directly Impacted By Hurricane Irma: 1. Immediately review each Owner contract to determine what notices are required for delays and/or extra costs arising from the storm. Contract notice requirements and time limits vary, whether for force majeure or other similar time and compensation rights. There is no effective one-size-fits-all solution. While the initial notice letters will likely look very similar, you should make sure that each is sent as required by the contract. Check each contract’s requirements for particulars regarding content, the form of delivery, and parties and individuals designated to receive the letters as well as carbon copy recipients like the architect. Follow-up notices and time periods differ from contract to contract and should be tracked so that if, for example, a follow-up notice is required in a week per the contract terms, it is tracked to ensure compliance. Reprinted courtesy of Haight Brown & Bonesteel LLP attorneys Stephen H. Reisman, Gary M. Stein and Adam P. Handfinger Mr. Reisman may be contacted at sreisman@pecklaw.com Mr. Stein may be contacted at gstein@pecklaw.com Mr. Handfinger may be contacted at ahandfinger@pecklaw.com Read the court decision
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    Reprinted courtesy of

    Montana Federal Court Upholds Application of Anti-Concurrent Causation Clause

    November 08, 2021 —
    Interpreting Montana law, the federal district court found that the policy's anti-concurrent causation clause prevented coverage for the insured's damaged home. Ward v. Safeco Ins. Co. of Am., 2021 U.S. Dist. LEXIS 149051 (D. Mont. Aug. 9, 2021). Plaintiff was advised by her tenants that water was bubbling up from the ground. It was determined that water was leaking from a main pipe serving the property. Subsequently, this old pipe was abandoned, left in the ground, and replaced with a new pipe in a new path with new excavation. Nevertheless, the insured reported the incident to her agent under her Landlord Protection Policy issued by Safeco, but reported there was no damage to the property. Two months later, it was discovered a pipe burst again. The insured called her agent, who maintained the loss would not be covered, but agreed to submit a claim to Safeco. Safeco hired an inspector. A report stated that a portion of cracks found in the concrete perimeter of the home were not new and that the shape of the structure on which the house sat could explain their presence. The report noted that new cracks in the foundation could have been caused by a lack of care to make sure that the foundation was sufficient supported by consolidated soil during the excavation of the new water line. Based upon this report, Safeco denied coverage based upon the earth movement and water damage exclusions. Read the court decision
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    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    Minnesota Addresses How Its Construction Statute of Repose Applies to Condominiums

    April 27, 2020 —
    Courts often struggle with the question of when the statute of repose starts to run for construction projects that involve multiple buildings or phases. In Village Lofts at St. Anthony Falls Ass’n v. Housing Partners III-Lofts, LLC, 937 N.W.2d 430 (Minn. 2020) (Village Lofts), the Supreme Court of Minnesota addressed how Minnesota’s 10-year statute of repose, Minn. Stat. § 541.051, applies to claims arising from the construction of a condominium complex. The court held that the statute of repose begins to run at different times for: a) statutory residential warranty claims brought pursuant to Minn. Stat. §§ 327A.01 to 327A.08, et. seq.; and b) common law claims arising out of the defective and unsafe condition of the condominium buildings. As stated in Village Lofts, Housing Partners III-Lofts, LLC (Housing Partners) developed the Village Lofts at St. Anthony Falls, a condominium complex consisting of Building A and Building B. Housing Partners retained Kraus-Anderson Construction Company (Kraus-Anderson) as the general contractor for Building A. Kraus-Anderson retained Elness Sweeney Graham Architects, Inc. (ESG), Doody Mechanical, Inc. (Doody) and Kenneth S. Kendle, P.E. (Kendle) to work on Building A. In September 2002, the City of Minneapolis (City) issued a partial certificate of occupancy (CO) for Building A, including the building’s public spaces. On October 4, 2002, Housing Partners filed the declaration creating the Village Lofts at St. Anthony Falls condominium, to be operated by Village Lofts at St. Anthony Association (Village Lofts Association). On October 10, 2002, Housing Partners sold the first unit in Building A and in November of 2003, the City issued a CO for the entire building, excluding two units. Read the court decision
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    Reprinted courtesy of William L. Doerler, White and Williams LLP
    Mr. Doerler may be contacted at doerlerw@whiteandwilliams.com

    Falls Requiring Time Off from Work are Increasing

    January 14, 2015 —
    The Safety News Alert reported that while “overall occupational injuries that require time off from work” have decreased, other injuries, such as falls, have increased, according to findings from the Bureau of Labor Statistics (BLS) annual report. “The rate of falls on the same level increased to 15.4 in 2013 from 14.8 in 2012, with increases in construction, wholesale trade, and transportation and warehousing,” Safety News Alert wrote. Furthermore, “Incidence rates and counts for private sector heavy and tractor-trailer truck drivers and food preparation workers increased in 2013.” Read the court decision
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    Reprinted courtesy of

    Illinois Appellate Court Finds That Damages in Excess of Policy Limits Do Not Trigger Right to Independent Counsel

    June 22, 2020 —
    Under Illinois law, an insurer’s duty to defend includes the right to control the defense, which allows insurers to protect their financial interest in the outcome of the litigation. However, where a conflict of interest exists, the insured, rather than the insurer, is entitled to assume control of the defense of the underlying action. If this occurs, the insurer satisfies its obligation to defend by reimbursing the insured for the cost of defense provided by independent counsel selected by the insured. What circumstances and situations arise to the level of an actual conflict of interest between the insurer and insured are often grounds for dispute. In Joseph T. Ryerson & Son, Inc. v. Travelers Indemnity Co. of America, 2020 IL App (1st) 182491 (Apr. 7, 2020), the Illinois Appellate Court addressed whether damages awarded by a jury in excess of the policy limits were sufficient to trigger a right to independent counsel for post-trial and appellate proceedings. According to the Illinois Appellate Court, at least under the facts of the Ryerson case, the answer is “no.” In Ryerson, Nancy Hoffman sued Ryerson for injuries sustained in a tractor-trailer accident. Ryerson tendered the suit to its primary insurer, Travelers, and its umbrella insurer, Illinois National. The policy limits were $2 million and $25 million, respectively. A jury found in favor of Hoffman for over $27.6 million in damages, and Ryerson appealed. Read the court decision
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    Reprinted courtesy of Jason Taylor, Traub Lieberman
    Mr. Taylor may be contacted at jtaylor@tlsslaw.com

    California Court of Appeal: Inserting The Phrase “Ongoing Operations” In An Additional Endorsement Is Not Enough to Preclude Coverage for Completed Operations

    September 14, 2017 —
    In a victory for additional insureds, a California appeals court held, in Pulte Home Corp. v. American Safety Indemnity Co., Cal.Ct.App. (4th Dist.), Docket No. D070478 (filed 8/30/17), that an insurer’s denial of coverage for completed operations based on the inclusion of the phrase “ongoing operations” in an additional insured endorsement, was improper. Additionally, an insurer wishing to limit coverage under an additional insured endorsement to ongoing operations must do so via clear and explicit language. Read the court decision
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    Reprinted courtesy of Gary Barrera, Wendel Rosen Black & Dean LLP
    Mr. Barrera may be contacted at gbarrera@wendel.com