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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


    Texas Shortens Its Statute of Repose To 6 Years, With Limitations

    You Are Your Brother’s Keeper. Direct Contractors in California Now Responsible for Wage Obligations of Subcontractors

    Heavy Rains Cause Flooding, Mudslides in Japan

    OSHA Issues Final Rule on Electronic Submission of Injury and Illness Data

    Discussion of the Discovery Rule and Tolling Statute of Limitations

    No Coverage For Construction Defect Under Illinois Law

    Colorado Trench Collapse Kills Two

    Insurance Law Alert: Incorporation of Defective Work Does Not Result in Covered Property Damage in California Construction Claims

    Sales Pickup Shows Healing U.S. Real Estate Market

    Construction Defect Not an Occurrence in Ohio

    Jury Finds Broker Liable for Policyholder’s Insufficient Business Interruption Limits

    Bound by Group Builders, Federal District Court Finds No Occurrence

    Serving the 558 Notice of Construction Defect Letter in Light of the Statute of Repose

    "Occurrence" May Include Intentional Acts In Montana

    Intentional Mining Neighbor's Property is Not an Occurrence

    NAHB Reports on U.S. Jobs Created from Home Building

    Engineer Pauses Fix of 'Sinking' Millennium Tower in San Francisco

    Judgment for Insured Upheld After Insurer Rejects Claim for Hurricane Damage

    Georgia Law: “An Occurrence Can Arise Where Faulty Workmanship Causes Unforeseen or Unexpected Damage to Other Property”

    Late Filing Contractor Barred from Involving Subcontractors in Construction Defect Claim

    Quick Note: Notice of Contest of Claim Against Payment Bond

    Todd Seelman Recognized as Fellow of Wisconsin Law Foundation

    Disputes Will Not Be Subject to Arbitration Provision If There Is No “Significant Relationship”

    Less Than Perfectly Drafted Endorsement Bars Flood Coverage

    Zinc in London Climbs for Second Day Before U.S. Housing Data

    Construction Contracts and The Uniform Commercial Code: When Does it Apply and Understanding the Pre-Dominant Factor Test

    UCP Buys Citizen Homes

    Hurdles with Triggering a Subcontractor Performance Bond

    New York Construction Practice Team Obtains Summary Judgment and Dismissal of Labor Law Claims

    The Nightmare Scenario for Florida’s Coastal Homeowners

    Know your Obligations: Colorado’s Statutory Expansions of the Implied Warranty of Habitability Are Now in Effect

    U.S. District Court of Colorado Interprets Insurance Policy’s Faulty Workmanship Exclusion and Exception for Ensuing Damage

    More on Duty to Defend a Subcontractor

    First-Party Statutory Bad Faith – 60 Days to Cure Means 60 Days to Cure

    Construction Defect Risks Shifted to Insurers in 2013

    Three's a Trend: Second, Fourth and Ninth Circuits Uphold Broad "Related Claims" Language

    eRent: Construction Efficiency Using Principles of the Sharing Economy

    Court Again Defines Extent of Contractor’s Insurance Coverage

    Housing Starts in U.S. Drop to Lowest Level in Three Months

    California Construction Bill Dies in Committee

    New Jersey Rules that Forensic Lab Analysts Can’t be Forced to Testify

    Real Estate & Construction News Roundup (6/26/24) – Construction Growth in Office and Data Center Sectors, Slight Ease in Consumer Price Index and Increased Premiums for Commercial Buildings

    Cultivating a Company Culture Committed to Safety, Mentorship and Education

    Quick Note: Attorney’s Fees on Attorney’s Fees

    Insurer Rejects Claim on Dolphin Towers

    Five Frequently Overlooked Points of Construction Contracts

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    BWB&O Partner Tyler Offenhauser and Associate Lizbeth Lopez Won Their Motion for Summary Judgment Based on the Privette Doctrine

    Wall Street Is Buying Starter Homes to Quietly Become America’s Landlord

    Condo Owners Allege Construction Defects
    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

    Court of Federal Claims: Upstream Hurricane Harvey Case Will Proceed to Trial

    July 02, 2018 —
    On May 24, the U.S. Court of Federal Claims decided one of what may be many cases involving the terrible flooding wrought by Hurricane Harvey in the Houston, TX region. The Court of Federal Claims has divided thousands of pending claims into “upstream” and “downstream” categories, depending on whether the flooded properties were located upstream or downstream of two U.S. Army Corps of Engineers (Corps) flood control reservoirs that were constructed in the 1940s and 1950s. The case is In re Upstream Addicks and Barker (Texas) Flood-Control Reservoirs; however, the Court of Federal Claims’ order in this case applies to “all upstream cases.” Read the court decision
    Read the full story...
    Reprinted courtesy of Anthony B. Cavender, Pillsbury Winthrop Shaw Pittman LLP
    Mr. Cavender may be contacted at anthony.cavender@pillsburylaw.com

    U.S. Homebuilder Confidence Rises Most in Almost a Year

    June 18, 2014 —
    Confidence among U.S. homebuilders rose in June by the most in almost a year, a sign the residential real estate market is stabilizing after reeling from severe winter weather earlier this year. The National Association of Home Builders/Wells Fargo sentiment gauge climbed to 49 this month from 45 in May, the biggest gain since July 2013, figures from the Washington-based group showed today. Readings greater than 50 mean more respondents report good market conditions. The median forecast in a Bloomberg survey called for 47. Current sales, the outlook for future purchases and prospective buyer traffic all improved this month, today’s figures showed, indicating mortgage rates close to historically low levels and a strengthening job market are sustaining demand. Improving sentiment comes as the world’s largest economy picks up this quarter following a contraction in the first three months of 2014. Read the court decision
    Read the full story...
    Reprinted courtesy of Shobhana Chandra – Bloomberg
    Ms. Chandra may be contacted at schandra1@bloomberg.net

    Revel Closing Shows Gambling Is No Sure Thing for Renewal

    September 03, 2014 —
    The Revel Casino Hotel was envisioned as a playground for Wall Streeters who hated flying to Las Vegas. Instead, it’s become a money pit for the banks and money managers who spearheaded the New Jersey project, and the losses will keep coming even after closing today. The Atlantic City resort, built at a cost of $2.4 billion, ceased operations after two bankruptcies and a 10-month search for a buyer. Barring a sale, the new owners may be Wells Fargo & Co. and JPMorgan Chase & Co., which provided $125 million in court-approved funding. Previous backers also included Capital Group Cos., the third-largest manager of U.S. mutual funds, and Morgan Stanley, the original investor. The resort fell prey to poor timing, bad design and a misreading of the local market. The Revel saga shows what can go wrong when bankers stray from what they know, according to Charles Geisst, a professor of finance at Manhattan College in New York and author of the book “Wall Street: A History.” Read the court decision
    Read the full story...
    Reprinted courtesy of Christopher Palmeri, Bloomberg
    Mr. Palmeri may be contacted at cpalmeri1@bloomberg.net

    North Carolina Soil & Groundwater Case to be Heard by U.S. Supreme Court

    April 09, 2014 —
    In Ashville, North Carolina, property owners have sued CTS Corp for alleged toxic chemicals in the soil and groundwater discovered decades after the company closed its manufacturing plant, according to the Citizen-Times. The contamination wasn’t discovered by the owners until 1999: “That lapse in time will be a primary point of consideration by the U.S. Supreme Court later this month when it hears arguments in a lawsuit brought by 25 Buncombe County property owners against the company.” Citizen-Times declared that the “issue is a North Carolina law establishing a 10-year ‘statute of repose’ that sets a deadline for filing claims related to environmental pollution in cases involving real property, even if the victims weren't aware of the contamination until long after.” However, the law might be “pre-empted by the federal Comprehensive Environmental Response, Compensation and Liability Act passed by Congress in 1980.” Read the court decision
    Read the full story...
    Reprinted courtesy of

    New York Court Holds Insurer Can Rely on Exclusions After Incorrectly Denying Defense

    March 26, 2014 —
    Reversing its prior decision, the New York Court of Appeals held that the insurer could raise policy exclusions regarding its duty to indemnify after it incorrectly denied its duty to defend. K2 Invest. Group, LLC v. Am. Guar. & Liab. Co., 2014 N.Y. LEXIS 201 (N.Y. Ct. App. Feb. 18, 2014). The insured was sued for legal malpractice. His insurer, American Guarantee, refused to defend and a default judgment was entered. The insured assigned his rights against American Guarantee to the plaintiffs. When the underlying plaintiffs sued, American Guarantee said coverage was barred by two exclusions. In a previous decision, K2 Inv. Group, LLC v. Am Guar. & Liab. Ins. Co., 21 NY 3d 284, the court held that American Guarantee's breach of its duty to defend prevented it from relying on policy exclusions. This, however, contradicted another case issued by the court, Servidone Const. Corp. v. Security Ins. Co. of Hartford, 64 N.Y 2d 419 (1985). 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

    Commerce City Enacts Reform to Increase For-Sale Multifamily Housing

    August 19, 2015 —
    Many cities in Denver’s metropolitan areas are experiencing tremendous growth. For more than a year, Colorado has been reported to be in a building boom. However even with the noticeable expansion, some areas still suffer from a lack of housing options specific to multifamily developments. Sean Ford, Mayor of Commerce City, stated that “[the city] has not approved a new condominium or multi-family project since 2008.”[1] Those of us in the construction industry attribute this shortage, at least in part, to construction defect litigation, which is often drawn-out, complicated, and very costly to builders. Predicting that light rail service will intensify the need for owner-occupied units among Commerce City residents, the city council enacted legislation to address this scarcity. Ordinance No. 2060 which took effect August 1, 2015 provides “reasonable steps to encourage prompt and voluntary correction of construction defects … in order to enhance the health and safety of residents of Commerce City.” The ordinance requires a homeowner who discovers a defect to provide written notice via certified mail or personal delivery to the responsible builder, contractor, engineer, or design professional. The notice may include requests for relevant construction documentation, maintenance recommendations, and warranty information. The builder must acknowledge receipt of notice and provide requested documents within 14 days. Read the court decision
    Read the full story...
    Reprinted courtesy of David M. McLain, Higgins, Hopkins, McLain & Roswell, LLC
    Mr. McLain may be contacted at mclain@hhmrlaw.com

    Colorado Adopts Twombly-Iqbal “Plausibility” Standard

    July 14, 2016 —
    Last week, the Colorado Supreme Court announced a dramatic shift in its rules of pleading, adopting the federal courts’ requirement that a claim must be “plausible on its face” to survive a motion to dismiss. Although seemingly subtle, this change transfers much more power to district court judges and weakens the right to a jury in civil actions. For decades in Colorado, courts have held that a plaintiff’s complaint need merely provide a defendant with notice of the transaction that caused an alleged injury. Judges would not dismiss the complaint unless it appeared “beyond doubt” that the plaintiff could prove “no set of facts” which would entitle him or her to relief. See Davidson v. Dill, 180 Colo. 123, 131, 503 P.2d 157, 162 (1972), quoting Conley v. Gibson, 355 U.S. 41 (1957). This was rooted in the notion that the civil jury was the ultimate arbiter of disputed facts in American jurisprudence. Every party was entitled to have his or her “day in court” and present claims to a group of jurors selected from the community, rather than a judge appointed by the governor. Reprinted courtesy of Jesse Howard Witt, Acerbic Witt Mr. Witt welcomes comments at www.witt.law Read the full story... Read the court decision
    Read the full story...
    Reprinted courtesy of

    What You Need to Know About the Recently Enacted Infrastructure Bill

    December 06, 2021 —
    This past week, President Biden signed the Infrastructure Investment and Jobs Act. The bill, commonly referred to as the Infrastructure Bill, provides for $1.2 trillion in spending over the next five years on the nation’s infrastructure and is one of two major legislative initiatives of the Biden Administration, the other being Biden’s $1.75 billion Build Back Better Bill focused on “soft” assets such money to fight climate change, for universal free preschool, for paid family and medical leave, etc. While the Infrastructure Bill contains its fair share of pet projects, economists and historians generally agree that the Infrastructure Bill is the largest investment in the nation’s infrastructure since President Franklin D. Roosevelt’s “New Deal” in 1933. Read the court decision
    Read the full story...
    Reprinted courtesy of Garret Murai, Nomos LLP
    Mr. Murai may be contacted at gmurai@nomosllp.com