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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

    Fairfield Connecticut Building Expert 10/ 10

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

    Fairfield Connecticut Building Expert 10/ 10

    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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    Home Builders Association of Connecticut (State)
    Local # 0700
    3 Regency Dr Ste 204
    Bloomfield, CT 06002

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    Building Expert News and Information
    For Fairfield Connecticut


    Construction Litigation Roundup: “You Have No Class(ification)”

    Owners Should Serve Request for Sworn Statement of Account on Lienor

    Taylor Morrison Home Corp’ New San Jose Development

    Utah Supreme Court Allows Citizens to Block Real Estate Development Project by Voter Referendum

    New Hampshire’s Statute of Repose for Improvements to Real Property Does Not Apply to Product Manufacturers

    Herman Russell's Big Hustle

    Architect Responds to Defect Lawsuit over Defects at Texas Courthouse

    Daily Reports – The Swiss Army Knife of Project Documentation

    Negligence Against a Construction Manager Agent

    Kaylin Jolivette Named LADC's Construction and Commercial Practice Chair

    AB5 Construction Exemption - A Checklist to Avoid Application of AB5's Three-Part Test

    Limiting Liability: Three Clauses to Consider in your Next Construction Contract

    U.S. Government Bans Use of Mandatory Arbitration Agreements between Nursing Homes and Residents, Effective November 28, 2016

    Contractor Prevails on Summary Judgment To Establish Coverage under Subcontractor's Policy

    Broker for Homeowners Policy Has No Duty to Advise Insureds on Excess Flood Coverage

    4 Breakthrough Panama Canal Engineering Innovations

    Did Deutsche Make a Deal with the Wrong Homeowner?

    Unions Win Prevailing Wage Challenge Brought By Charter Cities: Next Stop The Supreme Court?

    Working Safely With Silica: Health Hazards and OSHA Compliance

    NYC Landlord Accused of Skirting Law With Rent-Free Months Offer

    Court of Appeals Upholds Default Judgment: Serves as Reminder to Respond to Lawsuits in a Timely Manner

    Insurer Not Entitled to Summary Judgment on Construction Defect Claims

    President Trump’s “Buy American, Hire American” Executive Order and the Construction Industry

    Kahana Feld LLP Senior Attorney Rachael Marvin and Partner Dominic Donato Obtain Complete Dismissal of Plaintiff’s Labor Law Claims on Summary Judgment

    Steps to Defending against Construction Defect Lawsuits

    Is Safety Compliance Putting Your Project in Jeopardy? Examining the Essentials of DOE’s Worker Safety and Health Program

    Industry Practices Questioned After Girder Fractures at Salesforce Transit Center

    The Four Forces That Will Take on Concrete and Make Construction Smart

    Construction Insurance Rates Up in the United States

    Measure Of Damages for Breach of Construction Contract

    Sanctions Issued for Frivolous Hurricane Sandy Complaint Filed Against Insurer

    Burg Simpson to Create Construction Defect Group

    If a Defect Occurs During Construction, Is It an "Occurrence?"

    The Colorado Supreme Court holds that loans made to a construction company are not subject to the Mechanic’s Lien Trust Fund Statute

    Tom Newmeyer Elected Director At Large to the 2017 Orange County Bar Association Board of Directors

    Be a Good Neighbor: Protect Against Claims by an Adjacent Landowner During Construction

    Contractor Sues Golden Gate Bridge District Over Suicide Net Project

    Lower Manhattan Condos Rival Midtown’s Luxury Skyscrapers

    Contractors: A Lesson on Being Friendly

    Florida Former Public Works Director Fined for Ethics Violation

    Self-Storage Magnates Cash In on the Surge in Real Estate

    Federal Court Denies Summary Judgment in Leaky Condo Conversion

    Former Trump Atlantic City Casino Set for February Implosion

    Architects Should Not Make Initial Decisions on Construction Disputes

    Harmon Tower Opponents to Try Mediation

    Nebraska Joins the Ranks—No CGL Coverage for Faulty Work

    Michigan Supreme Court Concludes No Statute of Repose on Breach of Contract

    Not If, But When: Newly Enacted Virginia Legislation Bans “Pay-If-Paid” Clauses In Construction Contracts

    How Mansions Can Intensify Wildfires

    South Africa Wants Payment From Colluding World Cup Builders
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    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

    The Activist Group Suing the Suburbs for Bigger Buildings

    December 10, 2015 —
    In a speech last month, Council of Economic Advisers Chairman Jason Furman blamed zoning restrictions—local land-use rules governing things like how tall buildings can grow—for the lack of affordable housing, lost economic productivity, and rising inequality across the U.S. On Tuesday, a San Francisco activist named Sonja Trauss took Furman's argument to the streets, filing a lawsuit in Contra Costa County (Calif.) to fight what she sees as a lost opportunity to build more housing. Trauss's organization, the San Francisco Bay Area Renters Federation (yes, SFBARF), is suing the City of Lafayette, a Bay Area suburb of about 25,000, to block plans to build 44 single-family homes on a plot of land once slated for a 315-unit apartment complex. Her argument relies on a three-decade-old California law intended to check local governments’ ability to reduce the density of certain construction projects. Called the Housing Accountability Act, the law has been used successfully by developers of affordable housing who have had their projects blocked, Trauss said, but never by an advocacy group advocating for greater density as a public good. Read the court decision
    Read the full story...
    Reprinted courtesy of Patrick Clark, Bloomberg

    Modified Plan Unveiled for Chicago's Sixth-Tallest Tower

    February 15, 2018 —
    The Chicago Plan Commission on Jan. 18 approved a $700-million development that, as presented, would include the city’s sixth-tallest building. Read the court decision
    Read the full story...
    Reprinted courtesy of Jeff Yoders, Engineering News-Record
    Mr. Yoders may be contacted at yodersj@enr.com

    Don't Count On a Housing Slowdown to Improve Affordability

    June 13, 2022 —
    As mortgage rates continue to rise, all eyes are fixed on the housing market for signs of a potential slowdown. But any slowdown that does materialize won't affect the industry equally because it isn't going to be about fundamental problems with the housing market. Rather, it will be the result of the Federal Reserve intentionally increasing borrowing costs to cool off inflation. The Fed's efforts are happening in the context of a supply-constrained market where homebuilders have been struggling to complete as many homes as they would like. Any negative impact of rising mortgage rates would be felt disproportionately where affordability problems already are the worst — high-cost coastal markets — and then in materials for the early part of the construction cycle, such as lumber. Understanding the nature of the housing challenge is important so that you aren’t tempted to compare the situation with past downturns. For now, at least, there is no broad industry downturn as we’ve seen before in oil and gas or the technology sector that would lead to the housing market suffering in places like Houston or the San Francisco Bay Area. Homeowners haven't taken on too much debt, and there's no inventory glut — quite the opposite, in fact — that would lead to a broad-based downturn. Read the court decision
    Read the full story...
    Reprinted courtesy of Conor Sen, Bloomberg

    Renovation Contractors: Be Careful How You Disclose Your Projects

    December 09, 2011 —

    In Palu and Beyer v. Toney, 2011 WL 2560249 (Bankr. D. Colo.), the United States Bankruptcy Court for the District of Colorado determined that a Colorado District Court order granting summary judgment in favor of plaintiff home buyers was binding on the Bankruptcy Court in the defendant contractor’s bankruptcy proceeding based on issue preclusion.

    Pertinent to this column is the subject matter of the summary judgment motion: Colorado’s Seller’s Property Disclosure (Form LC-18-5-04). In the underlying state court action, the plaintiff home buyers filed a motion for summary judgment contending that the defendant contractor represented to them, through the Seller’s Property Disclosure, that there were no present or past conditions involving moisture or water problems, roof problems or leaks, skylight problems, or gutter downspout problems.

    In granting plaintiffs’ motion, the state court determined that the defendant contractor made these representations on her Seller’s Property Disclosure despite witnessing water leaking from the skylight onto the floor and being aware of repairs to the roof, skylight, and interior drywall prior to the sale of the property.

    Read the full story…

    Reprinted courtesy of Derek J. Lindenschmidt of Higgins, Hopkins, McClain & Roswell, LLP. Mr. Lindenschmidt can be contacted at lindenschmidt@hhmrlaw.com

    Read the court decision
    Read the full story...
    Reprinted courtesy of

    Preservationists Want to Save Penn Station. Yes, That Penn Station.

    December 20, 2021 —
    In November, as one of her first major acts since taking office, New York Governor Kathy Hochul pared back development plans for New York City’s Pennsylvania Station set in place by her predecessor, disgraced former governor Andrew Cuomo. The Cuomo plan would have greatly expanded Penn Station and upscaled the neighborhood; Hochul’s vision narrows the scope of work, but it still stands to dramatically transform the subterranean transportation hub, which has been the focus of various unrealized redesign dreams for decades. On Dec. 8, critics and supporters sounded off on the Penn Station scheme in a public hearing. More than 200 people registered to weigh in on how the 10 new skyscrapers coming to the area (shrunk down a bit under Hochul) would affect the scale and character of the community, and the historic buildings that would need to be razed to make way for new development. Read the court decision
    Read the full story...
    Reprinted courtesy of Kriston Capps, Bloomberg

    School District Client Advisory: Civility is not an Option, It is a Duty

    May 13, 2014 —
    “I could not but wonder at the Queen’s unprecedented civility, until I realized with a flush of shame that it was my own improved behavior that motivated hers. So it is that we in life determine our own treatment.” - Catherine Gilbert Murdock I. We Must Actively Encourage Board Civility Over 20 years of experience representing public entities has taught me there is nothing more important than civility. On April 11, 2014, I was a featured presenter on, "How to Keep School Boards Out Of Trouble!" My initial focus was to educate the board members about open meeting laws, public records, and conflict provisions. Instead, I began by addressing board "civility." The discussion became animated. The audience was transfixed, appalled, and even amused at my examples of how uncivilized board behavior led to lawsuits, bad press, wasted resources and low morale. One attendee asked me to define civility. I meekly responded, "The Golden Rule?" "Disagreeing without being disagreeable?" My answers were inadequate. I then had a humbling epiphany. As an education law specialist, and the General Counsel of one of the largest, most diverse school districts in California, I needed to do more to foster civility among the board members I served. I had underestimated the destructive effects of incivility on my district, my colleagues, and my community. On some level I realized that the coarsening of the discourse was taking its toll. However, I was so involved in performing my duties; I forgot to do my job. I should have taken a step back and implemented training, policies, initiatives and protocols to promote civility. I realize that it is unfortunate that we have to establish standards for adult interactions, especially for people who have promised to place service over self. As I learned, you can never fully anticipate human interactions or the complexities of the human condition. That is why I believe proactive measures to promote civility are so critical. This is not being nice for the sake of being nice. But instead, it is an absolutely vital component of effective governance. Therefore, in this essay I will discuss civility and its importance to school boards and districts. I will address the deleterious effects of board incivility. More importantly, I hope to present no-nonsense methods to cultivate civility. It is my sincere desire that others will learn from my experiences, and this time I want to do better! Read the court decision
    Read the full story...
    Reprinted courtesy of Gregory J. Rolen, Haight Brown & Bonesteel LLP
    Mr. Rolen may be contacted at grolen@hbblaw.com

    Hawaii Court Finds No Bad Faith, But Negligent Misrepresentation Claim Survives Summary Judgment in Construction Defect Action

    November 06, 2013 —
    Judge Mollway, U.S. District Court Judge for the District of Hawaii, found the insurer was not in bad faith for allegedly leading its insured to believe that construction defects would be covered under the policy. The court, however, allowed the insured's negligent misrepresentation claim to survive summary judgment. Ill Nat'l Ins. Co v. Nordic PCL Constr., 2013 U.S. Dist. LEXIS 151748 (D. Haw. Oct. 22, 2013). The insurer denied coverage when Nordic was sued for construction defects related to its construction of two Safeway stores in Honolulu. Prior to the issuance of the policies the Ninth Circuit had issued its opinion in Burlington Ins. Co. v .Oceanic Design & Constr., Inc., 398 F.3d 940 (9th Cir. 2004), which predicted that Hawaii appellate courts would rule that construction defects were not "occurrences." Nevertheless, Nordic's witnesses contended when the policies were purchased, they believed construction defects were covered. Specifically, Nordic thought the policies provided completed operations coverage for property damage arising out of Nordic's subcontractors' work. Nordic further contended that only after the Hawaii Intermediate Court of Appeals decided in Group Builders, Inc. v. Admiral Ins .Co., 123 Haw. 142 (Haw. Ct. App. 2010) that construction defect claims did not constitute an "occurrence" did the insurer change its position and decide the policies did not cover construction defects. Read the court decision
    Read the full story...
    Reprinted courtesy of Tred Eyerly
    Tred Eyerly can be contacted at te@hawaiilawyer.com

    Construction Bright Spot in Indianapolis

    March 01, 2012 —

    The downtown Indianapolis area is the site of about 85 major building projects that are from groundbreaking to just complete. The Indianapolis Star reports that the cumulative worth of the projects is about $3 billion, a level of construction that Indianapolis has seen only once before.

    About thirty of the projects are residential. The main commercial project is a $754 million hospital building. The boom in downtown Indianapolis is not matched elsewhere, with the Indianapolis Star reporting that in the rest of Central Indiana, construction has slowed.

    Read the full story…

    Read the court decision
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    Reprinted courtesy of