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    Fairfield, Connecticut

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    Current Law Summary: Case law precedent


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    License required for electrical and plumbing trades. No state license for general contracting, however, must register with the State.


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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

    Fairfield Connecticut Building Expert 10/ 10

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

    Fairfield Connecticut Building Expert 10/ 10


    Building Expert News and Information
    For Fairfield Connecticut


    Contractors Liable For Their Subcontractor’s Failure To Pay Its Employees’ Wages And Benefits

    Manhattan Trophy Home Sellers Test Buyer Limits on Price

    Key California Employment Law Cases: October 2018

    California Fire Lawyers File Suit Against PG&E on Behalf of More Than 50 Wildfire Victims

    Benefits and Pitfalls of Partnerships Between Companies

    Blueprint for Change: How the Construction Industry Should Respond to the FTC’s Ban on Noncompetes

    New York’s Highest Court Gives Insurers “an Incentive to Defend”

    Contractors: Beware the Subordination Clause

    Ohio Supreme Court Rules That Wrongful Death Claims Are Subject to the Four-Year Statute of Repose for Medical Claims

    California Complex Civil Litigation Superior Court Panels

    Savera Sandhu Joins Newmeyer Dillion As Partner

    Illinois Appellate Court Affirms Duty to Defend Construction Defect Case

    Condo Owners Suing Bank for Failing to Disclose Defects

    Montana Court Finds Duty to Defend over Construction Defect Allegation

    Traub Lieberman Partner Eric D. Suben and Associate Laura Puhala Win Summary Judgment in Favor of Insurer, Determining it has No Duty to Defend

    24/7 Wall Street Reported on Eight Housing Markets at All-Time Highs

    N.J. Appellate Court Confirms that AIA Construction Contract Bars Insurer's Subrogation Claim

    Construction Litigation Roundup: “D’Oh!”

    Examining Construction Defect as Occurrence in Recent Case Law and Litigation

    Moving Toward a Telework Future: A Checklist of Considerations for Employers

    Insuring Lease/Leaseback Projects

    Arezoo Jamshidi Selected to the 2023 San Diego Super Lawyers List

    Want to Use Drones in Your Construction Project? FAA Has Just Made It Easier.

    Third Circuit Affirms Use of Eminent Domain by Natural Gas Pipeline

    Recent Statutory Changes Cap Retainage on Applicable Construction Projects

    Protecting Your Business From Liability Claims Stemming From COVID-19 Exposure

    New OSHA Vaccination Requirements For Employers With 100 Or More Employees (And Additional Advice for California Employers)

    Meet the Forum's ADR Neutrals: LISA D. LOVE

    Hawaii Supreme Court Tackles "Other Insurance" Issues

    Difficulty in Defending Rental Supplier’s Claim Under Credit Application

    CDJ’s #6 Topic of the Year: Does Colorado Need Construction Defect Legislation to Spur Affordable Home Development?

    Quick Note: Do Your Homework When it Comes to Selecting Your Arbitrator

    New York Revises Retainage Requirements for Private Construction Contracts: Overview of the “5% Retainage Law”

    New York Supreme Court Building Opening Delayed Again

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    FAIRFIELD CONNECTICUT BUILDING EXPERT
    DIRECTORY AND CAPABILITIES

    The Fairfield, Connecticut Building Expert Group is comprised from a number of credentialed construction professionals possessing extensive trial support experience relevant to construction defect and claims matters. Leveraging from more than 25 years experience, BHA provides construction related trial support and expert services to the nation's most recognized construction litigation practitioners, Fortune 500 builders, commercial general liability carriers, owners, construction practice groups, and a variety of state and local government agencies.

    Building Expert News & Info
    Fairfield, Connecticut

    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
      Read the full story...
      Reprinted courtesy of

      Retaining Wall Contractor Not Responsible for Building Damage

      July 20, 2011 —

      The Court of Appeals of Indiana ruled on July 8 in the case of Rollander Enterprises, Inc. v. H.C. Nutting Co. Judge Baily wrote the opinion affirming the decision of the trial court.

      The case involved an unfinished condominium complex, the Slopes of Greendale, in Greendale, Indiana. Rollander is a real estate development company incorporated in Ohio. One of the issues in the case was whether the case should be settled in the Indiana courts or be tried in Ohio. The project was owned by a special purpose entity limited liability corporation incorporated in Indiana.

      Rollander hired Nutting to determine the geological composition of the site. Nutting’s report described the site as “a medium plastic clay containing pieces of shale and limestone.” The court summarized this as corresponding with “slope instability and landslides.” Rollander then hired Nutting to design the retaining walls, which were constructed by Scherziner Drilling.

      After cracking was discovered on State Route 1, the walls were discovered to be inadequate. More dirt was brought in and a system of tie-backs was designed to anchor the walls. Not only were the tie-backs unsightly, local officials would not approve the complex for occupancy. Further, the failure of the wall below one building lead to damage of that building.

      The court concluded that since almost all events occurred in Indiana, they rejected Rollander’s contention that the case should be tried in Ohio. Further, the court notes “the last event making Nutting potentially liable on both claims was an injury that occurred in Indiana and consequently, under the lex loci delicti analysis, Indiana law applies.”

      Nor did the court find that Nutting was responsible for the damage to the rest of the project, citing an Indiana Supreme Court ruling, that “there is no liability in tort to the owner of a major construction project for pure economic loss caused unintentionally by contractors, subcontractors, engineers, design professionals, or others engaged in the project with whom the project owner, whether or not technically in privity of contract, is connected through a network or chain of contracts.”

      The court concluded:

      Because Rollander was in contractual privity with Nutting, and Indy was connected to Nutting through a chain of contracts and no exception applies, the economic loss rule precludes their recovery in tort. Damage to Building B was not damage to "other property," and the negligent misrepresentation exception to the economic loss rule is inapplicable on these facts. The trial court therefore did not abuse its discretion by entering judgment on the evidence in favor of Nutting on the Appellants' negligence and negligent misrepresentation claims.

      Read the court’s decision…

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      Reprinted courtesy of

      Tests Find Pollution From N.C. Coal Ash Site Hit by Florence Within Acceptable Levels

      October 30, 2018 —
      RALEIGH, N.C. (AP) — Despite the gray muck that fouled the Cape Fear River near a Wilmington power plant after Hurricane Florence, water tests so far show heavy metals contained in coal ash are within state standards, North Carolina environmental officials said Thursday. Read the court decision
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      Reprinted courtesy of Engineering News-Record
      ENR may be contacted at ENR.com@bnpmedia.com

      No Coverage for Hurricane Sandy Damage

      August 02, 2017 —
      The magistrate recommended that summary judgment be entered in favor of the insurer, thereby eliminating coverage for property damage incurred during Hurricane Sandy. Madelaine Chocolate Novelties, Inc. v. Great Northern Ins. Co., 2017 U.S. Dist. LEXIS 103015 (E.D. N.Y. June 30, 2017). Madelaine Chocolate owned a facility three blocks form the Atlantic Ocean and one block from the Jamaica Bay section of Long Island Sound. Hurricane Sandy arrived October 29, 2012. Madeline Chocolate's facility sustained significant damage to its inventory, production machinery and premises, as storm surge from both bodies of water hit the property. Operations ceased during the 2012 holiday season and beyond, resulting in millions of dollars in lost income. 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

      Flow-Down Clauses Can Drown Your Project

      August 26, 2015 —
      Flow-Down or pass-through clauses obligate downstream contractors to certain provisions contained in the up up-stream contractor contracts, such as the contract between the general contractor and the owner. These clauses are contained in every major form subcontract and they can expand the scope of your potential liability. This blog will look at typical language of a flow-down clause, what it means and how you can deal with them. Typical Flow-Down Clause A simple flow down clause might provide:
      “The Subcontractor agrees to be bound to the Contractor by the terms of the prime contract and to assume to the Contractor all the obligations and responsibilities that the Contractor by those documents assumes to the Owner, except to the extent that the provisions contained therein are by the terms or by law applicable only to the Contractor.”
      Read the court decision
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      Reprinted courtesy of Craig Martin, Lamson, Dugan and Murray, LLP
      Mr. Martin may be contacted at cmartin@ldmlaw.com

      Poor Pleading Leads to Loss of Claim for Trespass Due to Relation-Back Doctrine, Statute of Limitations

      April 13, 2017 —
      In Scholes v. Lambirth Trucking Co. (No. C070770, Filed 4/6/2017), the California Court of Appeal for the Third Appellate District held that the relation-back doctrine could not save a property owner’s trespass claim against an adjacent neighbor where the property owner’s original complaint was factually devoid and was later amended to include the trespass claim after the statute of limitations had run. The relation-back doctrine is a well-settled legal principle which allows a plaintiff to amend a complaint to add a cause of action which would otherwise be barred by the statute of limitations. As long as the factual allegations “relate back” to the those alleged in the original complaint, an additional cause of action will not be subject to the applicable statute of limitations. The policy behind statutes of limitation is to put a defendant on notice of the need to defend against a claim in time to prepare an adequate defense. On May 21, 2007, a fire broke out at defendant Lambirth Trucking Company’s (“Lambirth”) soil enhancement facility adjacent to plaintiff Vincent Scholes’ (“Scholes”) property. Scholes had previously notified Lambirth that wood chips and rice hulls were accumulating on his property as a result of Lambirth’s operations. Local authorities also warned Lambirth of the hazards presented by storage of those materials. Reprinted courtesy of Brett G. Moore, Haight Brown & Bonesteel LLP and Lawrence S. Zucker II, Haight Brown & Bonesteel LLP Mr. Moore may be contacted at bmoore@hbblaw.com Mr. Zucker may be contacted at lzucker@hbblaw.com Read the court decision
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      Reprinted courtesy of

      Construction Termination Issues for the Architect and Engineer: Part 1– Introduction to the Series

      July 24, 2023 —
      Earlier this year, I was asked to talk to other construction lawyers on the topic of termination. My first question was– whose termination are we talking about here– the architect / engineer? The contractor? Is someone wanting to “fire” the owner? The answer, as it turns out, is — yes. That is, yes, any and all of the above termination topics were on the table. As you may have suspected, even the threat of a termination is bad, bad news. It is the “nuclear option” for a construction project. Everyone risks getting harmed. As the design professional administering a contract, you run a risk of being dragged into litigation no matter what you do. So, how should you proceed? Carefully. Read the court decision
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      Reprinted courtesy of Melissa Dewey Brumback, Ragsdale Liggett
      Ms. Brumback may be contacted at mbrumback@rl-law.com

      Traub Lieberman Attorneys Win Motion for Judgment on the Pleadings In Favor of Insurer

      June 26, 2023 —
      Traub Lieberman Partner Jeremy Macklin and Associate Danielle Kegley obtained judgment on the pleadings in favor of Admiral Insurance Company (“Admiral”), in a matter brought before the Chancery Division of the Circuit Court of Cook County, Illinois. In the underlying case, an injured employee sued various companies, and their agents, for injuries he sustained on a construction project. The insureds, one of the defendant companies and its employee, sought coverage for the underlying lawsuit under a professional liability policy issued to that company by Admiral. The policy at issue provided coverage for the company and its employees, for negligent acts or omissions committed in the rendering of “professional services,” defined as services “involving specialized training and skill while in the pursuit of” mechanical and process engineering. After initially defending the insureds, Admiral filed a declaratory judgment action asking the Court to declare that the company has no duty to defend or indemnify the insureds in the underlying lawsuit and to allow Admiral to immediately withdraw its defense of the insureds. Admiral argued there is no coverage under the professional liability policy, as the underlying lawsuit does not contain allegations that the underlying plaintiff’s injuries arose from the rendering of or failure to render “professional services.” The insureds argued that since they were hired as mechanical and process engineers for the project, that any lawsuits against them must necessarily arise from their “professional services.” Further, the insureds asked the Court to disregard the express allegations in the underlying lawsuit concerning their role on the project as a general contractor. Reprinted courtesy of Jeremy S. Macklin, Traub Lieberman and Danielle K. Kegley, Traub Lieberman Mr. Macklin may be contacted at jmacklin@tlsslaw.com Ms. Kegley may be contacted at dkegley@tlsslaw.com Read the court decision
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      Reprinted courtesy of