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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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    Local # 0700
    3 Regency Dr Ste 204
    Bloomfield, CT 06002

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    Building Expert News and Information
    For Fairfield Connecticut


    New Case Alert: Oregon Supreme Court Prohibits Insurer’s Attempt to Relitigate Insured’s Liability

    Arbitration and Mediation: What’s the Difference? What to Expect.

    Insurer Sued for Altering Policies after Claim

    Erdogan Vows to Punish Shoddy Builders Ahead of Crucial Election

    Mountain States Super Lawyers 2019 Recognizes 21 Nevada Snell & Wilmer Attorneys

    Facing Manslaughter Charges In Worker's 2021 Trench Collapse Death, Colorado Contractor Who Willfully Ignored Federal Law Surrenders To Police

    Nevada Supreme Court Declares Subcontractor Not Required to Provide Pre-Litigation Notice to Supplier

    Renee Mortimer Recognized as "Defense Lawyer of the Year" by DTCI

    No Rest for the Weary: Project Completion Is the Beginning of Litigation

    No Coverage for Homeowner Named as Borrower in Policy but Not as Insured

    School Board Sues Multiple Firms over Site Excavation Problem

    Dealing with Abandoned Property After Foreclosure

    David A. Frenznick Awarded Multiple Accolades in the 2020 Edition of The Best Lawyers in America

    “Based On”… What Exactly? NJ Appellate Division Examines Phrase and Estops Insurer From Disclaiming Coverage for 20-Month Delay

    Montana Trial Court Holds That Youths Have Standing to Bring Constitutional Claims Against State Government For Alleged Climate Change-Related Harms

    Toll Brothers Snags Home Builder of the Year Honors at HLS

    Hawaii Federal District Court Denies Motion for Remand

    Sales of Existing Homes in U.S. Fall to Lowest Since 2012

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

    Party Cannot Skirt Out of the Very Fraud It Perpetrates

    Engineer Proposes Slashing Scope of Millennium Tower Pile Upgrade

    Apartment Boom in Denver a Shortcut Around Condo Construction Defect Suits?

    What ENR.com Construction News Gained the Most Views

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

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

    Building Codes Evolve With High Wind Events

    James R. Lynch Appointed to the Washington State Capital Project Review Committee

    OSHA Investigating Bridge Accident Resulting in Construction Worker Fatality

    Notice of Claim Sufficient to Invoke Coverage

    Catching Killer Clauses in Contract Negotiations

    Beth Cook Expands Insurance Litigation Team at Payne & Fears

    Terms of Your Teaming Agreement Matter

    Investigators Explain Focus on Pre-Collapse Cracking in Florida Bridge

    Federal Court Rejects Insurer's Argument that Wisconsin Has Adopted the Manifestation Trigger for Property Policy

    Viewpoint: A New Approach to Job Site Safety Reaps Benefits

    Wisconsin “property damage” caused by an “occurrence.”

    Construction Law Firm Opens in D.C.

    Athens, Ohio, Sues to Recover Nearly $722,000 After Cyber Attack

    California Condo Architects Not Liable for Construction Defects?

    Building Safety Month Just Around the Corner

    Preventing Common Electrical Injuries on the Jobsite

    Bad Faith Jury Verdict Upheld After Insurer's Failure to Settle Within Policy Limits

    OSHA/VOSH Roundup

    NJ Transit’s Superstorm Sandy Coverage Victory Highlights Complexities of Underwriting Property Insurance Towers

    Little Known Florida Venue Statue Benefitting Resident Contractors

    Is the Obsession With Recordable Injury Rates a Deadly Safety Distraction?

    California Subcontractor Gets a Kick in the Rear (or Perhaps the Front) for Prematurely Recorded Mechanics Lien

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    Corporate Profile

    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

    Amazon HQ2 Puts Concrete on an Embodied Carbon Diet

    January 17, 2022 —
    Before the ground-breaking for Amazon’s 2.1-million-sq-ft Metropolitan Park office development across the Potomac River from the nation’s capital, Clark Construction Group’s John Swagart and Jeff King walked door to door, introducing themselves to shopkeepers near the MetPark site. The good-will ambassadors were pounding the pavement to inform MetPark’s neighbors of the plan to dig a 50-ft-deep hole—710 ft x 310 ft—and create two 22-story buildings. Reprinted courtesy of Nadine M. Post, Engineering News-Record Ms. Post may be contacted at postn@enr.com Read the full story... Read the court decision
    Read the full story...
    Reprinted courtesy of

    Alleged Damage to Personal Property Does Not Revive Coverage for Construction Defects

    November 23, 2016 —
    The Illinois Appellate Court determined the general contractor was not covered for construction defects despite allegations of damage to personal property. Wesfield Ins. Co. v. West Van Buren, LLC, 59 N.E. 2d 877, (Ill. Ct. App. 2016). The developer constructed a condominium development in Chicago. The installation of the roof was contracted to Total Roofing. Total Roofing agreed to insure and indemnify the developer against liability for Total Roofing's work. Total Roofing obtained a CGL policy with Westfield Insurance Company listing the developer as an additional insured. 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

    What ‘The Curse’ Gets Wrong About Passive House Architecture

    April 02, 2024 —
    In the fifth episode of Showtime’s The Curse, two potential buyers are touring a boutique house in Española, a soon-to-be gentrified Santa Fe neighborhood when one of them makes a remark about the temperature. “Sorry, can I get a water? It’s just really hot in here,” he says, airing out his sweat-stained shirt. The quirky home’s architect-slash-developer, played by Emma Stone, says, “Sure!” and without skipping a beat, continues to explain the virtues of her passive house design: The home functions like a thermos, with no need for air conditioning — unless any air escapes the house. Then it takes five to seven hours for the room to recover. Owning a passive house sounds like a nightmare, right? If you’re buying a one-of-a-kind, mirror-clad spec house from Stone and co-star Nathan Fielder, it may well be. On The Curse, the two play a do-gooder couple attempting to make an HGTV series (with Benny Safdie) about turning regular houses into carbon-neutral passive homes. Odd things happen to Stone and Fielder over the show’s first season: trouble with the laws of gravity, the trials of a failing marriage and a literal curse from a small child. But the weirdest might be the show’s portrayal of passive house design, an energy-efficient design standard that has been around since the 1970s. Passive building, which has its origins in Europe, relies on advanced construction methods to seal a structure in an airtight envelope, thereby reducing energy consumption for heating and cooling by as much as 75%. Read the court decision
    Read the full story...
    Reprinted courtesy of Teresa Xie, Bloomberg

    Ten Years After Colorado’s Adverse Possession Amendment: a brief look backwards and forwards

    September 25, 2018 —
    In response to national outrage over an infamous adverse possession case in Boulder, Colorado, in which a lawyer and a judge intentionally took their neighbors’ undeveloped land through adverse possession, the Colorado legislature amended the state’s adverse possession statute (C.R.S. § 38-41-101) to make the claim significantly harder to prove. It did this because it believed “there were insufficient ‘obstacles’ to establishing a claim for adverse possession under the existing law.”[1] Effective July 1, 2008, the amendment created a heightened burden of proof, additional element requirements, and the possibility of a losing defendant recovering money from successful plaintiffs for the value of the land they took and the taxes the defendant had paid on that land. The Boulder case eventually settled, but the resulting statutory amendments have drastically changed the landscape of Colorado’s adverse possession law. Ten years later, this blog post takes a brief look at the amended statute, the impact it has had, and questions that have yet to be resolved. Read the court decision
    Read the full story...
    Reprinted courtesy of Luke Mecklenburg, Snell & Wilmer
    Mr. Mecklenburg may be contacted at lmecklenburg@swlaw.com

    Eleventh Circuit Set to Hear Challenge to Florida Law Barring Foreign Citizens From Buying Real Property

    April 22, 2024 —
    Fort Lauderdale, Fla. (April 2, 2024) - This month, the U.S. Court of Appeals for the Eleventh Circuit will hear a challenge to a recently-enacted Florida law, Senate Bill 264, which restricts foreign ownership or investment in Florida real property from specific countries and imposes a near ban on property purchases by Chinese, Russian and other foreign nationals. On July 1, 2023, Senate Bill 264 [codified under Fla. Stat. Ann. §§ 692.201 to 692.205] took effect. The bill, titled “Interests of Foreign Countries,” prohibits Chinese nationals and nationals from other countries, including Russia, from buying real property unless they are American citizens or permanent residents. Prior to the new law's effective date, on May 22, 2023, four Chinese citizens who hold nonimmigrant visas and reside in Florida, along with a Florida-based real estate firm, sued the state of Florida in federal district court, alleging that the new law is unconstitutional and discriminatory, and that it violates the Fair Housing Act [Shen v. Simpson, Case No. 4:23-cv-208]. Read the court decision
    Read the full story...
    Reprinted courtesy of Michael Gnesin, Lewis Brisbois
    Mr. Gnesin may be contacted at Michael.Gnesin@lewisbrisbois.com

    Before Collapse, Communications Failed to Save Bridge Project

    December 30, 2019 —
    The National Transportation Safety Board’s Oct. 8 release of documents related to its FIU bridge collapse investigation raises questions but provides no definitive conclusions about why the partially built structure suddenly crashed to the ground on March 15, 2018, killing six. The last official word on the cause of the fatal collapse will have to await the agency’s final report, scheduled to be released on Oct. 22. Scott Judy, Engineering News-Record Mr. Judy may be contacted at judys@enr.com Read the full story... Read the court decision
    Read the full story...
    Reprinted courtesy of

    Cybersecurity “Flash” Warning for Construction and Manufacturing Businesses

    April 05, 2021 —
    On March 23, 2021, the FBI’s Cyber Division issued a “Flash” warning for several business sectors, including industrial, commercial, manufacturing and construction businesses. The FBI is warning that a strain of ransomware, known as “Mamba,” has been used to weaponize a widely-used encryption software known as DiskCryptor. Mamba works through the open-source DiskCryptor program to encrypt a company’s operating system and demand ransom payment. This new ransomware attack is a threat to any business which employs DiskCryptor, specifically manufacturing and construction companies. What Should I Do? If your company utilizes DiskCryptor, the FBI suggests a number of recommendations to mitigate and ward off any ransomware attack. Most of these suggestions fall within the guidelines of proper cyber hygiene, and include (but are not limited to) the following:
    • Regularly back up data, as well as copies of data;
    • Segment your network;
    • Request administrator credentials to install software;
    Read the court decision
    Read the full story...
    Reprinted courtesy of Jeffrey M. Dennis, Newmeyer Dillion
    Mr. Dennis may be contacted at jeff.dennis@ndlf.com

    Hawaii Federal District Court Denies Motion for Remand

    December 21, 2016 —
    The federal district court refused to remand the insureds' case after the insurer removed from state court. Maui Land & Pineapple Co. v. Liberty Ins. Underwriters, 2016 U.S. Dist. LEXIS 15681 (D. Haw. Nov. 10, 2016). The underlying case was filed in state court on Maui. The underlying plaintiffs were condominium owners who brought claims against the insured, Maui Land and Pineapple Co., Inc. (MLP), and other defendants allegedly involved in the development of the project. Ryan Churchill, one of the named defendants, served as president of MLP and was on the board of the project's Association of Apartment Owners (AOAO). The underlying plaintiffs asserted claims for: breach of fiduciary duty; seeking access to books and records of the AOAO; and for injunctive/declaratory relief against MLP, Mr. Churchill, and all other defendants. 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