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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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    Home Builders Association of New Haven Co
    Local # 0720
    2189 Silas Deane Highway
    Rocky Hill, CT 06067

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    Home Builders Association of Hartford Cty Inc
    Local # 0755
    2189 Silas Deane Hwy
    Rocky Hill, CT 06067

    Fairfield Connecticut Building Expert 10/ 10

    Home Builders Association of NW Connecticut
    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


    Brown Act Modifications in Response to Coronavirus Outbreak

    Benefit of the Coblentz Agreement and Consent Judgment

    An Uncharted Frontier: Nevada First State to Prohibit Defense-Within-Limits Provisions

    Concurrent Causation Doctrine Applies Where Natural and Man-made Perils Combine to Create Loss

    Contractor Prevails in Part Against CalOSHA in Valley Fever Case

    Contractor Jailed for Home Repair Fraud

    Banks Loosening U.S. Mortgage Standards: Chart of the Day

    Contract Disruptions: Navigating Supply Constraints and Labor Shortages

    Wisconsin Supreme Court Holds that Subrogation Waiver Does Not Violate Statute Prohibiting Limitation on Tort Liability in Construction Contracts

    The Unpost, Post: Dynamex and the Construction Indianapolis

    Just Because You Caused it, Doesn’t Mean You Own It: The Hooker Exception to the Privette Doctrine

    Remodel Leads to Construction Defect Lawsuit

    Structure of Champlain Towers North Appears Healthy

    California Court Confirms Broad Coverage Under “Ongoing Operations” Endorsements

    Tighter Requirements and a New Penalty for Owners of Vacant or Abandoned Storefronts in San Francisco

    Perovskite: The Super Solar Cells

    When an Intentional Act Results in Injury or Damage, it is not an Accident within the Meaning of an Insurance Policy Even When the Insured did not Intend to Cause the Injury or Damage

    U.K. Puts Tax on Developers to Fund Safer Apartment Blocks

    Quick Note: Remember to Timely Foreclose Lien Against Lien Transfer Bond

    TxDOT: Flatiron/Dragados Faces Default Over Bridge Design Issues

    General Contractor’s Intentionally False Certifications Bar It From Any Recovery From Owner

    GSA Releases Updated Standards to Accelerate Federal Buildings Toward Zero Emissions

    California Case Is a Reminder That Not All Insurance Policies Are Alike Regarding COVID-19 Losses

    Receiving a $0 Verdict and Still Being Deemed the Prevailing Party for Purposes of Attorney’s Fees

    American Council of Engineering Companies of California Selects New Director

    Foreign Entry into the United States Construction, Infrastructure and PPP Markets

    Timely and Properly Assert Affirmative Defenses and Understand Statutory Conditions Precedent

    Drone Operation in a Construction Zone

    Use It or Lose It: California Court of Appeal Addresses Statutes of Limitations for Latent Construction Defects and Damage to Real Property

    Construction Activity on the Upswing

    Yet Another Reminder that Tort and Contract Don’t Mix

    Mediation Clause Can Stay a Miller Act Claim, Just Not Forever

    Labor Shortage Confirmed Through AGC Poll

    Recent Developments Involving Cedell v. Farmers Insurance Company of Washington

    Altman Contractors, Inc. v. Crum & Forster Specialty Ins. Co.

    What To Do When the Government is Slow to Decide a Claim?

    NJ Court Reaffirms Rule Against Coverage for Faulty Workmanship Claims and Finds Fraud Claims Inherently Intentional

    Last Parcel of Rancho del Oro Masterplan Purchased by Cornerstone Communties

    It Has Started: Supply-Chain, Warehouse and Retail Workers of Essential Businesses Are Filing Suit

    Industry Practices Questioned After Girder Fractures at Salesforce Transit Center

    Wilke Fleury Attorneys Recognized in “The Best Lawyers in America” & “Best Lawyers: One’s to Watch” 2024 Editions

    First Suit Filed for Losses Caused by COVID-19

    Settlement Ends Construction Defect Lawsuit for School

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    Indemnity Provision Prevails Over "Other Insurance" Clause

    Heavy Rains Cause Flooding, Mudslides in Japan

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    Builder’s Be Wary of Insurance Policies that Provide No Coverage for Building: Mt. Hawley Ins. Co v. Creek Side at Parker HOA

    Construction Legislation Likely to Take Effect July 1, 2020
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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

    Seven Coats Rose Attorneys Named to Texas Rising Stars List

    March 12, 2014 —
    Seven attorneys from Coats Rose were named to the “Texas Rising Stars list,” which is comprised of “the top up-and-coming attorneys in Texas for 2014,” according to a press release on PR Newswire. “Each year, no more than 2.5 percent of the lawyers in the state receive this honor. The selection for this respected list is made by the research team at Super Lawyers.” The Coats Rose attorneys named include “Charles Conrad, Jon Paul Hoelscher, Ryan Kinder, Matthew Moore and Timothy Rothberg in Houston; Brian Gaudet in League City; and Mason Hester in San Antonio.” According to PR Newswire, “For more than 30 years, Coats Rose attorneys have worked with clients in construction/surety law, real estate law, commercial litigation of all types, municipal law, public finance, affordable housing, insurance law, labor and employment law, and governmental relations. Coats Rose is comprised of over 90 attorneys, with offices in Houston, Clear Lake, Dallas, Austin, San Antonio, and New Orleans.” Read the court decision
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    Reprinted courtesy of

    New Jersey Senate Advances Bad Faith Legislation

    July 18, 2018 —
    New Jersey is the latest to join the list of states that have enacted or are considering enacting legislation that would authorize policyholders to file civil suits against first-party insurers for unfair business practices, such as unreasonably delaying or denying benefit payments, engaging in false advertising, or otherwise committing a wide range of unfair or deceptive practices. On June 7, the New Jersey Senate passed a bill entitled the New Jersey Insurance Fair Conduct Act. The Act would create a new statutory cause of action pursuant to which a first-party insurer would be liable for bad faith based on a single statutory violation, thereby entitling an aggrieved policyholder to collect triple damages and attorneys’ fees. The proposed legislation is now before the state’s General Assembly for further consideration. Read the court decision
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    Reprinted courtesy of Traub Lieberman Straus & Shrewsberry LLP

    When to use Arbitration to Resolve Construction Disputes

    February 25, 2014 —
    On the blog Construction Contractor Advisor, Craig Martin answers the question of whether arbitration is always the best choice for resolving construction claims. His answer: “Some claims may benefit from arbitration, but the benefit is not always clear.” Martin brings forth four points to consider. First, AIA Contracts do not “push Arbitration.” Second, the cost of arbitration may be expensive: “You could well spend over $5,000 just to have the arbitrator decide your case—again, not to mention your own attorneys fees.” Third, arbitration doesn’t avoid discovery. And finally, “mediation is always an option, regardless of which way you pursue your claim.” Read the court decision
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    U.S. Tornadoes, Hail Cost Insurers $1 Billion in June

    July 09, 2014 —
    Tornadoes, hail and windstorms that pounded the U.S. from the Rocky Mountains to the Tennessee Valley last month will probably cost insurers more than $1 billion, Aon Plc said in a report. Hailstorms and winds greater than 90 miles an hour (145 kilometers) in June caused billions of dollars of economic losses, led by a full week of storms early in the month, the London-based insurance broker said today. More than 300 tornadoes hit the U.S. last month, compared with 125 a year earlier and 111 in June 2012, according to preliminary data from the National Weather Service’s Storm Prediction Center. May, June and July tend to be the worst months for twisters, it said. Severe weather from June 3 to June 9 this year killed three people and led to more than 100,000 claims, Aon said. Later in the month, “hail and winds gusting to hurricane strength tracked eastward,” the broker said in its report. The storm “shattered windows, punctured roofs and downed trees onto homes, structures and vehicles.” Read the court decision
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    Reprinted courtesy of Kelly Gilblom, Bloomberg
    Ms. Gilblom may be contacted at kgilblom@bloomberg.net

    2022 Construction Outlook: Continuing Growth But at Slower Pace

    January 24, 2022 —
    In the midst of a pandemic that has lasted far longer than I think many of us thought it would, it’s been a study in contrasts:
    • There has been over 305 million COVID-19 cases and 5.5 million deaths worldwide since the start of the pandemic.
    • The U.S. stock market gained a whopping 26.9% in 2021.
    • The annual rate of inflation in the U.S. hit 6.8% in November 2021 the highest it has been in nearly 40 years.
    • The U.S. unemployment rate stood at 4.2% at the end of 2021, down from 14.7% in April 2020, the second highest unemployment rate since the Great Depression.
    • The Doomsday Clock struck 100 seconds before midnight in 2021 as scientists warn that global leaders are doing too little too late to combat climate change that has seen global temperatures rise roughly 2 degrees Fahrenheit since the pre-industrial era.
    • 2021 saw the launch of the first all-civilian spaceflight by Elon Musk’s Space X which was just one of 16 private spaceflights by tech billionaires Richard Branson’s Virgin Galactic and Jeff Bezos’ Blue Origin.
    For the construction industry, when we started out in 2021, economists were estimating that construction starts would be up just 4% in 2021 after taking a 14% free-fall in 2020. As it turned out, construction starts increased 12% in 2021. That’s why economic forecasts should be viewed less like a marksmanship competition and more like horseshoes and hand grenades. Close is about the best you can realistically hope for. Read the court decision
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    Reprinted courtesy of Garret Murai, Nomos LLP
    Mr. Murai may be contacted at gmurai@nomosllp.com

    Update Relating to SB891 and Bond Claim Waivers

    June 10, 2015 —
    Several bills were passed and will go into effect on July 1, 2015 that affect the construction industry here in Virginia. The most interesting of these was an amendment to the mechanic’s lien statutes relating to waivers of lien rights. As I posted in March, SB891 amended the mechanic’s lien statute, Va. Code Section 43-3, to remove proactive waivers of lien and bond rights. This bill has been signed into law with a minor modification. Read the court decision
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    Reprinted courtesy of Christopher G. Hill, Law Office of Christopher G. Hill, PC
    Mr. Hill may be contacted at chrisghill@constructionlawva.com

    Investing in Metaverse Real Estate: Mind the Gap Between Recognized and Realized Potential

    May 10, 2022 —
    The Metaverse is an immersive world combining virtual reality and augmented reality, where users are represented by avatars and roam virtual spaces. It comprises a variety of platforms and environments that can be explored, experienced, and developed. Online social games like Second Life, Fortnite and Minecraft are among the first wave of successful Metaverse games. Now, Meta and Microsoft see the Metaverse as a place to play, live, and work. A JP Morgan white paper stated that opportunities in the Metaverse seem “limitless.” The bank predicted that virtual worlds will “infiltrate every sector in some ways in the coming years.” A March 31 report by Citi concluded that the Metaverse has the potential to become a $13 trillion opportunity by 2030, with total global users of between one and five billion. According to Citi, the Metaverse will become a significant part of the next iteration of the internet (referred to as Web3) enabled by a variety of existing and emerging technologies, including 5G connectivity, secure blockchain and payment platforms, crypto assets, cloud computing, artificial intelligence, 3D modeling tools and headset devices. A Land Rush, Virtually Speaking Not surprisingly, investors are speculating regarding the value and potential of “virtual land” within the Metaverse, where land sales in 2021 exceeded $500 million and attracted a lot of attention and hype. The Sandbox, Decentraland, Somnium Space and CryptoVoxels are the most active platforms and owners can build almost anything on their virtual parcels. The open-source Ethereum blockchain, with self-executing smart contract functionality, operates as the foundational layer for most platforms. Parcels of land in The Sandbox and Decentraland are purchased with cryptocurrencies (called SAND and MANA, respectively) on their platforms and can also be sold and purchased on secondary marketplaces like OpenSea. Reprinted courtesy of Robert G. Howard, Pillsbury, David W. Wright, Pillsbury and Craig A. de Ridder, Pillsbury Mr. Howard may be contacted at robert.howard@pillsburylaw.com Mr. Wright may be contacted at david.w.wright@pillsburylaw.com Mr. Deridder may be contacted at craig.deridder@pillsburylaw.com Read the court decision
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    NYC Airports Get $500,000 Makeover Contest From Cuomo

    October 22, 2014 —
    Governor Andrew Cuomo is holding a competition for plans to upgrade New York City’s two airports, which consistently rank as the worst in the U.S. for design, cleanliness and delays. Cuomo announced the $500,000 design contest for John F. Kennedy International and LaGuardia airports at a press briefing in Queens with U.S. Vice President Joe Biden, who in February caused a stir when he likened LaGuardia to a facility in a third-world country. “This is the next phase for New York,” Cuomo said today at Vaughn College of Aeronautics and Technology in Flushing, home of LaGuardia. The Port Authority of New York and New Jersey, which runs the airports, is allocating $8 billion to construction at the two facilities and Newark-Liberty International over the next 10 years. That includes $2.2 billion as part of a $3.6 billion redesign of LaGuardia’s 50-year-old central terminal, voted America’s dirtiest and most poorly designed by readers of Travel & Leisure magazine in 2012. Mr. Klopott may be contacted at fklopott@bloomberg.net; Ms. Versprille may be contacted at aversprille1@bloomberg.net Read the court decision
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    Reprinted courtesy of Freeman Klopott and Allyson Versprille, Bloomberg