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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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    Local # 0710
    110 Brook St
    Torrington, CT 06790

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    3 Regency Dr Ste 204
    Bloomfield, CT 06002

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    New York High Court: “Issued or Delivered” Includes Policies Insuring Risks in New York

    #7 CDJ Topic: Truck Ins. Exchange v. O'Mailia

    Policy's Operation Classification Found Ambiguous

    Are Construction Defect Claims Covered Under CGL Policies?

    “Source of Duty,” Tort, and Contract, Oh My!

    Loss Caused by Theft, Continuous Water Discharge Not Covered

    Housing Starts Rebound in U.S. as Inflation Eases: Economy

    'You're Talking About Lives': The New Nissan Stadium

    Fifth Circuit Finds Duty to Defend Construction Defect Case

    Real Estate & Construction News Round-Up (02/08/23) – The Build America, Buy America Act, ESG Feasibility, and University Partnerships

    Negligent Misrepresentation Claim Does Not Allege Property Damage, Barring Coverage

    Do You Have A Florida’s Deceptive And Unfair Trade Practices Act Claim

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    Attorneys' Fees Awarded as Part of "Damages Because of Property Damage"

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    Scary Movie: Theatre Developer Axed By Court of Appeal In Prevailing Wage Determination Challenge

    Mass. Gas Leak Follows NTSB Final Report, Call for Reforms

    U.S. Codes for Deck Attachment

    Summary Judgment in Favor of General Contractor Under Privette Doctrine Overturned: Lessons Learned

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    The Utility of Arbitration Agreements in the Construction Industry

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    OH Supreme Court Rules Against General Contractor in Construction Defect Coverage Dispute

    Second Circuit Finds Potential Ambiguity in Competing “Anti-Concurrent Cause” Provisions in Hurricane Sandy Property Loss
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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. 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.

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    Fairfield, Connecticut

    Insurer's In-House Counsel's Involvement in Coverage Decision Opens Door to Discovery

    January 11, 2021 —
    The Mississippi Supreme Court held that the insurer must produce written communications from and make available for deposition the in-house counsel who orchestrated the denial of coverage. Travelers Pro. Cas. Co. of Am. v. 100 Renaissance, LLC, 2020 Miss. LEXIS 409 (Miss. Oct. 29, 2020). An unidentified driver struck a flagpole owned by the insured Renaissance, causing $2,134 in damages. Renaissance filed a claim with Travelers for uninsured-motorist coverage. The Travelers' claims handler, Charlene Duncan, determined there was no coverage because the flagpole was not a covered auto. Before corresponding with the insured, Duncan sought legal advice from Travelers' in-house counsel, Jim Harris. Renaissance sued Travelers for coverage and bad faith. Renaissance then took Duncan's deposition and asked that she explain both the denial letter and the reasons Travelers denied the claim. Duncan repeatedly said she did not know the basis of the denial and that she had consulted with Harris. 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

    Research Project Underway to Prepare Water Utilities for Wildfire Events

    January 23, 2023 —
    PORTLAND, Ore., January 17, 2023 — A multi-disciplinary team of utilities, academia, and consultants have convened to develop a study and publish guidance to improve water treatment resilience against the impacts of forest fires. Critical to water security, forested watersheds provide 75 percent of the world’s accessible freshwater (Food and Agriculture Organization of United Nations 2021) and supply drinking water for more than two-thirds of North American consumers (EPA 2019). The frequency and severity of forest fires have been increasing globally with warming temperatures and shifting precipitation patterns due to climate change. Wildfires can cause costly, long-term water treatment issues that push water treatment processes beyond their design and operational response capabilities. Such issues include filtration effectiveness, disinfection efficacy, the elevation of disinfection by-product formation, and increased bioavailable phosphorus leading to problematic cyanobacterial/algal blooms. Led by a principal research team of Lynn Stephens (Brown and Caldwell), Dr. Mac Gifford and Yone Akagi (Portland Water Bureau), and Dr. Monica Emelko (University of Waterloo), Water Research Foundation (WRF) project #5168 is funded by the foundation’s Emerging Opportunities Program and the Portland Water Bureau (PWB). About The Water Research Foundation The Water Research Foundation (WRF) is the leading research organization advancing the science of all water to meet the evolving needs of its subscribers and the water sector. WRF is a nonprofit, educational organization that funds, manages, and publishes research on the technology, operation, and management of drinking water, wastewater, reuse, and stormwater systems—all in pursuit of ensuring water quality and improving water services to the public. For more information, visit www.waterrf.org About Brown and Caldwell Headquartered in Walnut Creek, Calif., Brown and Caldwell is a full-service environmental engineering and construction services firm with 52 offices and more than 1,700 professionals across North America and the Pacific. For over 75 years, our creative solutions have helped municipalities, private industry, and government agencies successfully overcome their most challenging water and environmental obstacles. As an employee-owned company, Brown and Caldwell is passionate about exceeding our clients’ expectations and making a difference for our employees, our communities, and our environment. For more information, visit www.brownandcaldwell.com Read the court decision
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    Reprinted courtesy of

    Difference Between a Novation And A Modification to a Contract

    May 10, 2022 —
    In contract law, there are two doctrines that have similarities but are indeed different. These doctrines are known as novation and modification. There are times you may want to make arguments relative to these doctrines because they are important for your theory of the dispute. Thus, you want to make sure you understand them so you can properly plead and prove the required elements to substantiate the basis of the theories. Understanding the elements will help you understand the evidence you will need to best prove your factual theories. A novation is essentially substituting a new contract for an old contract.
    “‘A novation is a mutual agreement between the parties for the discharge of a valid existing obligation by the substitution of a new valid obligation.’” Thompson v. Jared Kane Co., Inc., 872 So.2d 356, 361 (Fla. 2d DCA 2004) (citation omitted). To prove a novation, a party must prove four elements: “(1) the existence of a previously valid contract; (2) the agreement of the parties to cancel the first contract; (3) the agreement of the parties that the second contract replace the first; and (4) the validity of the second contract.” Id. at 61. Whether the parties consented to the substitute contract can be implied from the factual circumstances. Id.
    Parties are more familiar with a modification because it is not uncommon that parties may agree to modify contractual terms. The contract remains in effect but certain terms or obligations are modified. For example, a change order to a contract is a modification. Read the court decision
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    Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
    Mr. Adelstein may be contacted at dma@kirwinnorris.com

    Flushing Away Liability: What the Aqua Engineering Case Means for Contractors and Subcontractors

    October 21, 2024 —
    The recent Town of Mancos v. Aqua Engineering case is an insightful example of how well written contracts and timely legal action can make all the difference in resolving disputes between municipalities, general contractors, and subcontractors. The ruling favored Aqua Engineering; a subcontractor that played a role in a wastewater treatment facility project gone wrong. The court’s decision highlighted key legal principles, including the economic loss rule and the importance of well-structured contracts in construction disputes. Whether you are a subcontractor looking to avoid undue liability or a general contractor seeking to ensure subcontractors shoulder their fair portion of responsibility, this case offers valuable lessons for all parties involved in construction projects. The Background: A Wastewater Project with Issues In 2008, the Town of Mancos, Colorado, hired Souder, Miller & Associates (“SMA”) to design a new wastewater treatment facility. SMA subcontracted Aqua Engineering to help implement a specific wastewater treatment system known as the Multi-Stage Activated Biological Process (“MSABP”). However, after construction, the facility never worked as expected. For years, the Town faced ongoing issues, and despite Aqua’s involvement in attempts to fix the problems, the facility remained dysfunctional. Read the court decision
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    Reprinted courtesy of Higgins, Hopkins, McLain & Roswell, LLC

    Home Prices in U.S. Rose 0.3% in August From July, FHFA Says

    October 28, 2015 —
    U.S. home prices rose in August as low borrowing costs and sustained job growth fueled demand amid a tight inventory of properties on the market. Prices climbed 0.3 percent on a seasonally adjusted basis from July, the Federal Housing Finance Agency said Thursday in a report from Washington. The average estimate of 16 economists was for a 0.5 percent increase, according to data compiled by Bloomberg. The gain was 5.5 percent from a year earlier. Values have increased steadily as buyers, bolstered by an improving job market and easing mortgage standards, compete for a limited supply of existing homes. The number of listed properties in August was the second-lowest for that month since 2002, according to the National Association of Realtors. Read the court decision
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    Reprinted courtesy of Prashant Gopal, Bloomberg

    Women Make Their Mark on Construction Leadership

    April 22, 2019 —
    In the era of the Lean In movement and the Women’s March, women are finding their voices and using them. In politics, in the classroom and even on the playing field, women’s participation and leadership are breaking records. However, this is not the case in the board room—especialy in the C-suite. The Russell 3000 Index, a market index that benchmarks the U.S. Stock Market, found that only 9 percent of top executive positions were filled by women. The construction industry reflects this low participation of female executives. Women in construction only number 9 percent across the board of the industry. Seven percent of all construction executives are women and only 3 percent of the Fortune 500 construction companies have a female construction manager. Most are in sales and office roles (about 45 percent). Russell 3000 also found that women who are in the C-suite usually fill more HR- or administrative-related positions with very few in COO or CEO positions. Women in leadership need to have real decision making power to progress further. On the upside, women in construction tend to have less of a pay gap than other industries—about 5 percent compared to 20 percent. Though she be but little, She is Fierce Despite their small numbers, women executives in construction are paving the way for others to access leadership. In 1984, 11 women created Women Construction Owners and Executives, an organization for support and professional development. Their purpose is to promote women into leadership, assist women in executive positions and encourage more women to join the industry. The National Association of Women in Construction and Women in Construction Operations are also resources and networks with thousands of members. Reprinted courtesy of Annalisa Enrile & Oliver Ritchie, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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    Survey: Workers Lack Awareness of Potentially Hazardous Nanomaterials

    December 11, 2018 —
    Microscopic nanoparticles are part of the mix in nearly 600 construction products. The particles add strength, durability and other desired characteristics. Read the court decision
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    Reprinted courtesy of Scott Van Voorhis, ENR
    ENR may be contacted at ENR.com@bnpmedia.com

    Eleven WSHB Attorneys Honored on List of 2016 Rising Stars

    September 01, 2016 —
    Wood Smith Henning & Berman LLP (WSHB) announced that eleven of their lawyers were recognized on the list of 2016 Rising Stars®:
    • Raymond Babaian: Partner, Rancho Cucamonga
    • Emil Macasinag: Senior Counsel, Los Angeles
    • Amy Pennington: Partner, Los Angeles
    • Christopher Perez: Senior Counsel, Rancho Cucamonga
    • Keith Smith: Partner, Riverside
    • Kevin Gillispie: Partner, Concord
    • Alicia Kennon: Senior Counsel, Concord
    • Eugene Zinovyev: Senior Associate, Concord
    • Timothy Repass: Partner, Seattle and Portland
    • Jodi Mullis: Senior Associate, Phoenix
    • Vincent Beilman: Partner, Tampa and Miami
    • “We are pleased to have 11 of our best selected for this year’s lists,” Dan Berman, Firm Chairman and Founding Partner stated. “We value our selections to Rising Stars because the choices come from our peers. It is truly an honor and a validation of all of the great work we do at WSHB.” Read the court decision
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      Reprinted courtesy of