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    Building Expert News and Information
    For Fairfield Connecticut


    Insurer’s Optional Appeals Process Does Not Toll Statute of Limitations Following Unequivocal Written Denial

    Another Colorado Construction Defect Reform Bill Dies

    No Subrogation, Contribution Rights for Carrier Defending Construction Defect Claim

    Appreciate The Risks You Are Assuming In Your Contract

    Second Circuit Brings Clarity To Scope of “Joint Employer” Theory in Discrimination Cases

    Alleging and Proving a Florida Deceptive and Unfair Trade Practices Act (FDUTPA) Claim

    Coverage for Construction Defect Barred by Contractual-Liability Exclusion

    White and Williams Elects Four Lawyers to Partnership, Promotes Six Associates to Counsel

    Nevada Judge says Class Analysis Not Needed in Construction Defect Case

    Contractor Haunted by “Demonized” Flooring

    Business Solutions Alert: Homeowners' Complaint for Breach of Loan Modification Agreement Can Proceed Past Pleading Stage

    Trumark Homes Hired James Furey as VP of Land Acquisition

    Under Privette Doctrine, A Landowner Delegates All Responsibility For Workplace Safety to its Independent Contractor, and therefore Owes No Duty to Remedy or Adopt Measures to Protect Against Known Hazards

    Meet the Hipster Real Estate Developers Building for Millennials

    How to Drop a New Building on Top of an Old One

    2019 Legislative Changes Affecting the Construction Industry

    BOO! Running From Chainsaw Wielding Actor then Falling is an Inherent Risk of a Haunted Attraction

    Canada Cooler Housing Market Boosts Poloz’s Soft Landing

    Back to Basics – Differing Site Conditions

    After Restoring Power in North Carolina, Contractor Faces Many Claims

    How SmartThings Wants to Automate Your Home

    Fourth Circuit Rejects Application of Wrap-Up Exclusion to Additional Insured

    EPA Issues Interpretive Statement on Application of NPDES Permit System to Releases of Pollutants to Groundwater

    Labor Shortage Confirmed Through AGC Poll

    Why Construction Firms Should Think Differently on the Issue of Sustainability

    San Francisco House that Collapsed Not Built to Plan

    Surfside Condo Collapse Investigators Uncover More Pool Deck Deviations

    Search in Florida Collapse to Take Weeks; Deaths Reach 90

    Voluntary Payments Affirmative Defense Does Not Apply in Contract Cases

    Determining the Cause of the Loss from a Named Windstorm when there is Water Damage - New Jersey

    How to Determine the Deadline for Recording a California Mechanics Lien

    Back Posting with Thoughts on Lien Waivers

    "Is the Defective Work Covered by Insurance?"

    Sureties and Bond Producers May Be Liable For a Contractor’s False Claims Act Violations

    NYC’s First Five-Star Hotel in Decade Seen at One57 Tower

    Haight Welcomes Robert S. Rucci

    Why 8 Out of 9 Californians Don't Buy Earthquake Insurance

    Montrose Language Interpreted: How Many Policies Are Implicated By A Construction Defect That Later Causes a Flood?

    Common Construction Contract Provisions: Indemnity Provisions

    Which Cities have the Most Affordable Homes?

    The Court of Appeals Holds That Indifference to Safety Satisfies the Standard for a Willful Violation Under WISHA

    Signed, Sealed and (Almost) Delivered: EU Council Authorizes Signing of U.S. – EU Bilateral Insurance Agreement

    Jet Crash Blamed on Runway Construction Defect

    Modernist Houses Galore! [visual candy for architects]

    Shifting the Risk of Delay by Having Float Go Your Way

    Million-Dollar U.S. Housing Loans Surge to Record Level

    “Incidental” Versus “Direct” Third Party Beneficiaries Under Insurance Policies in Which a Party is Not an Additional Insured

    Protect Against Design Errors With Owners Protective Professional Indemnity Coverage

    Jury Trials and Mediation in Philadelphia County: Virtually in Person

    California Supreme Court to Examine Arbitration Provisions in Several Upcoming Cases
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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

    National Lobbying Firm Opens Colorado Office, Strengthening Construction Defect Efforts

    January 05, 2017 —
    Michael Best Strategies, a national law and lobbying firm, has recently opened an office in Colorado. According to the Denver Business Journal, the firm “has recruited several big-name associates — a move that could give business leaders even more clout with the Legislature on issues such as construction-defects reform.” One of the firm’s recruits, Jeff Thormodsgaard, the lead lobbyist in the recent movement to make it harder to sue condominium builders, told the Denver Business Journal, “The only change [in the construction-defects reform effort] is that we’re going to be adding more feet and more boots on the ground and more gravitas.” Read the court decision
    Read the full story...
    Reprinted courtesy of

    Crime Lab Beset by Ventilation Issues

    January 29, 2014 —
    A new crime lab in Clayton county, Missouri, is beset with “’hurricane-like’ gales and persistent dripping water that officials say threatened to contaminate key evidence from crimes,” reported the St. Louis Post-Dispatch. St. Louis County Police Chief Tim Fitch admitted that he didn’t believe any evidence has been destroyed yet, but we’re “talking about highly sensitive evidence from homicide scenes that we must assure is not being contaminated by leakage or other means.” According to the St. Louis Post-Dispatch, the “general contractor and public works official insist the problems—and extreme temperature differences among rooms—were glitches expected in any major project, and are being fixed.” Read the court decision
    Read the full story...
    Reprinted courtesy of

    Plan Ahead for the Inevitable Murphy’s Law Related Accident

    August 06, 2019 —
    For this week’s Guest Post Friday here at Construction Law Musings, we welcome back Melissa Dewey Brumback. Melissa (@melissabrumback) is a construction attorney and partner in the firm Ragsdale Liggett, PLLC in Raleigh. Melissa has spent over a decade representing engineers and architects, advising them on contract proposals to limit risks, and defending them when litigation does arise. She is the author of the award-winning Construction Law in North Carolina a blog dedicated to the A/E community. Melissa is rated AV, the best rating of the Martindale Hubbell lawyer rating system, is a certified LEED Green Associate, and serves as President of the RL Mace Universal Design Institute. She is also signed up to take a cruise this summer with her family (!). The recent cruise ship fiasco, in which thousands were stranded at sea for an entire week with no running water or toilet facilities, visibly brought to mind the old axiom to “Be Prepared.” As Chris likes to say, Murphy was an optimist. What does this have to do with your construction company? Plenty. Since time is money and a downed project extremely expensive, you should plan in advance for likely emergency situations. Some things to consider: 1. Emergency Contacts: Do you only have a cell number for your key project manager? You should have at least two ways to reach all key employees and subcontractors, as well as owner representatives and the designers of record. Consider that in a large emergency, sometimes entire cell phone towers are out of commission from overuse. A land line comes in awfully handy in such a situation. 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

    Conditional Judgment On Replacement Costs Awarded

    January 07, 2015 —
    The appellate court determined that a conditional judgment on replacement costs was appropriate after the insurer denied coverage. Stephens & Stephens XII, LLC v. Fireman's Fund Ins. Co., 2014 Cal. App. LEXIS 1073 (Cal. Ct. App. Nov. 24, 2014). Stephens operated a large industrial warehouse. It initially purchased a commercial liability policy from Fireman's Fund when an tenant occupied the building. After the tenant left, Stephens purchased from Fireman's Fund property coverage on June 28, 2007. On July 1, Stephens discovered that burglars had caused more than $2 million in damage to the property. All conductive material was stripped from the building and taken away. There was water damage throughout the building. The estimated cost of repair exceeded $1 million. Stephens notified Fireman's Fund. The insurer paid emergency repairs, but it neither accepted nor denied coverage for the loss. Finally, five years after the incident and on the eve of trial, Fireman's Fund denied coverage. Read the court decision
    Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    The COVID-19 Impact: Navigating the Legal Landscape’s New Normal

    July 27, 2020 —
    While most of the country has been at a standstill since March, you might be wondering, what about my lawsuit or my administrative charge? For the past couple of months, most litigation cases have largely been put on pause in the courts and at administrative agencies. However, as we adjust to what is clearly a new normal in both our lives and the legal landscape as we know it, cases will begin to pick up speed again, albeit with new strategies and challenges to keep in mind. As courts begin to reopen, judges are emphasizing in many jurisdictions that criminal cases will take priority in an effort to attend to constitutionally required timelines. Nevertheless, it will remain just as important as before the pause button was hit to keep cases moving forward. This ramp up period presents a unique opportunity for clients and attorneys to invest meaningful time into investigating and developing defenses to claims while the court system and related case pace remains slowed. Read the court decision
    Read the full story...
    Reprinted courtesy of Amanda Mathieu, Lewis Brisbois
    Ms. Mathieu may be contacted at Amanda.Mathieu@lewisbrisbois.com

    Skanska Found Negligent for Damages From Breakaway Barges

    January 11, 2022 —
    A federal district court judge in Pensacola, Fla., has ruled that Skanska USA was negligent in preparing the Pensacola Bay Bridge construction site for the approach of Hurricane Sally, a September 2020 event that caused dozens of construction barges to break free of their moorings. The barges severely damaged the partly finished new crossing, closing it for months, and later washed ashore on nearby waterfront properties. 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
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    Reprinted courtesy of

    Anatomy of an Indemnity Provision

    January 28, 2015 —
    Indemnity clauses are one of the most negotiated (and litigated) provisions in a construction contract. They are also one of the most least understood. But we’re here to dissect it for you, so to speak. What is an indemnity clause? An indemnity clause is simply a risk transfer provision that seeks to transfer risk from one party to another party. 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

    Georgia Coal-to-Solar Pivot Shows the Way on Climate Regs

    July 02, 2014 —
    Georgia small-business owner Julian Smith keeps hearing that the Obama administration’s latest climate regulations will drive up local electric bills. He doesn’t believe the prediction, but he isn’t arguing: The fears are doing wonders for his solar-panel installation company. “My phone is blowing up with new customers,” Smith, owner of SolarSmith LLC of Savannah, said in an interview. “It turns out that if you tell everybody the amount they will spend on electricity will skyrocket, they will believe you.” In Smith’s home state, as in the rest of the nation, businesses and consumers are struggling to size up competing claims about the Environmental Protection Agency’s plan to cut carbon pollution from power plants, released June 2. The proposed regulations are among the most sweeping and complex in the EPA’s history, promising to revamp the way electricity has been generated and distributed for a century. Mr. Drajem may be contacted at mdrajem@bloomberg.net; Ms. Newkirk may be contacted at mnewkirk@bloomberg.net Read the court decision
    Read the full story...
    Reprinted courtesy of Mark Drajem and Margaret Newkirk, Bloomberg