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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


    The Importance of Preliminary Notices on Private Works Projects

    Wisconsin Court Applies the Economic Loss Doctrine to Bar Negligence Claims for Purely Economic Losses

    Make Your Business Great Again: Steven Cvitanovic Authors Construction Today Article

    Will The New U.S.-Mexico-Canada Trade Deal Calm Industry Jitters?

    Residential Construction Surges in Durham

    Deadline for Hurricane Ian Disaster Recovery Applications Announced

    Beyond the COI: The Importance of an Owner's or Facilities Manager's Downstream Insurance Review Program

    Insurer's Bad Faith is Actionable Tort for Purposes of Choice of Law Analysis

    On the Ten Year Anniversary of the JOBS Act A Look-Back at the Development of Crowdfunding

    The Pitfalls of Oral Agreements in the Construction Industry

    Appeals Court Upholds Decision by Referee in Trial Court for Antagan v Shea Homes

    A Downside of Associational Standing - HOA's Claims Against Subcontractors Barred by Statute of Limitations

    “Positive Limiting Barriers” Are An Open and Obvious Condition, Relieving Owner of Duty to Warn

    Washington’s Court of Appeals Protects Contracting Parties’ Rights to Define the Terms of their Indemnity Agreements

    Nondelegable Duties

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    Co-Founding Partner Jason Feld Named Finalist for CLM’s Outside Defense Counsel Professional of the Year

    Town Concerned Over Sinkhole at Condo Complex

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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. Drawing 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

    Construction Defect Lawsuit Came too Late in Minnesota

    June 28, 2013 —
    The Minnesota Court of Appeals has upheld a summary judgment in a construction defect case, Lee v. Gorham. Minnesota law requires that contractors warranty that the home will be free of major construction defects during the first ten years, but claims must “be brought within two years of the discovery of the breach.” The Lees received a home inspection report in 2009 that identified a variety of defects, including “several possible structural defects.” The court noted that the report stated, “Contact your builder in writing of the findings, and discuss your options with an attorney.” The Lees contacted the contractor, Gorham Builders. After initial silence, Gorham told the Lees that problems would “have to be ‘turned over to [the] insurance company.’” Rodney noted in his testimony that he had two choices, to either sue Gorham or hire an outside contractor. Mr. Lee had concluded that the legal costs were likely to be equal to the cost of the contractor. In June, 2011, the Lees changed their mind about bringing a suit. Gorham sought and received a summary judgment dismissing the case on the grounds that too much time had passed since the Lees learned of the construction defect. The Lees appealed. The appeals court upheld the summary judgment. The Lees claimed that the 2009 home inspection did not alert them of a “major construction defect,” but the court concluded that the language of the report fit within the Minnesota statutory definition of a “major construction defect.” Nor was the appeals court convinced that at any time did Gorham provide “assurances that it would cure the defects to the home.” Within the same month as the May 2009 inspection, Gorham had made it clear that any problems were an issue for the insurance company. Thus, the appeals court concluded that the Lee’s equitable-estoppel argument was without merit. The Lees also brought to appeal the new argument that they did not realize they were dealing with “major construction defects” until they received a subsequent home inspection in 2011. The court noted that the second report does not detail “new defects or structural issues not identified in the 2009 inspection report.” In addition to being “without merit,” the court noted that this claim was not made in the district court and so the appeals court “need not consider this issue on appeal.” Read the court decision
    Read the full story...
    Reprinted courtesy of

    Court Grants Partial Summary Judgment on Conversion Claim Against Insurer

    February 01, 2023 —
    Although the court was incredulous that the parties were disputing the possession of a gate opener allegedly damaged in a lightning strike, it granted the insured's motion for partial summary judgment finding the insurer had converted the gate opener. Privratsky v. Liberty Mut. Fire Ins Co., 2022 U.S. Dist. LEXIS 196002 (D. Haw. Oct. 27, 2022). (Full disclosure, our office is co-counsel for the insured). Mr. Privratsky alleged his home on Maui was struck by lightning which caused an electrical surge. The home and personal property were damaged. The alleged cost of repair work at one point was as much as $325,000. A claim was submitted under a homeowner's policy issued by Liberty Mutual. Liberty paid for only some of the damage. Privratsky filed suit alleging three causes of action for: (1) declaratory judgment that the losses were covered by the policy issued by Liberty; (2) bad faith; and (3) conversion of personal property, namely, the damaged gate operator. Read the court decision
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    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    Partner John Toohey and Senior Associate Sammy Daboussi Obtain a Complete Defense Verdict for Their Contractor Client!

    December 11, 2023 —
    Bremer Whyte Brown & O’Meara, LLP is excited to share that Newport Beach attorneys John Toohey and Sammy Daboussi obtained a complete defense verdict after years-long litigation in favor of their concrete contractor client. This lawsuit arises from a claim made by Plaintiff for construction defects in a high-end single-family home. Our client was hired to perform concrete work on the foundations of the home. It was alleged that the home’s foundation was incorrectly built. It was further alleged that the construction defects/errors led to delays and substantial expenses. We argued that our client relied on the certifications provided to them by design professionals and the City. We further argued that our client, like any reasonable concrete/foundation subcontractor, has no responsibility or obligation, contractual or otherwise, to review and recheck the work completed by a licensed professional. Read the court decision
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    Reprinted courtesy of Bremer Whyte Brown & O'Meara LLP

    The Nightmare Scenario for Florida’s Coastal Homeowners

    April 20, 2017 —
    On a predictably gorgeous South Florida afternoon, Coral Gables Mayor Jim Cason sat in his office overlooking the white-linen restaurants of this affluent seaside community and wondered when climate change would bring it all to an end. He figured it would involve a boat. When Cason first started worrying about sea-level rise, he asked his staff to count not just how much coastline the city had (47 miles) or value of the property along that coast ($3.5 billion). He also told them to find out how many boats dock inland from the bridges that span the city’s canals (302). What matters, he guessed, will be the first time a mast fails to clear the bottom of one of those bridges because the water level had risen too far. “These boats are going to be the canary in the mine,” said Cason, who became mayor in 2011 after retiring from the U.S. foreign service. “When the boats can’t go out, the property values go down.” If property values start to fall, Cason said, banks could stop writing 30-year mortgages for coastal homes, shrinking the pool of able buyers and sending prices lower still. Those properties make up a quarter of the city’s tax base; if that revenue fell, the city would struggle to provide the services that make it such a desirable place to live, causing more sales and another drop in revenue. Read the court decision
    Read the full story...
    Reprinted courtesy of Christopher Flavelle, Bloomberg

    State Audit Questions College Construction Spending in LA

    August 17, 2011 —

    A state audit of the Los Angeles Community College District found many problems with their construction spending. Their report, as described in the Los Angeles Times, found construction money spent for other purposes, such as promotional photography and public relation tours, $28.3 million spent on projects that were later cancelled, and oversight committees that provided no oversight.

    Earlier this year, the LA Times ran a series of articles detailing problems with the Los Angles Community College District’s construction program. The LA Times reported that the State Controller’s audit reached many of the same conclusions.

    The Community College District disputed the findings.

    Read the full story…

    Read the court decision
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    Reprinted courtesy of

    Failing to Release A Mechanics Lien Can Destroy Your Construction Business

    May 01, 2023 —
    Is the title to this article possibly true? Yes, absolutely! I have seen it happen. Let me tell you how it happens so you can avoid such a result. When contractors, subcontractors or suppliers in California construction projects are not paid they often record a mechanics lien on the property on which they worked. This is a customary accepted legal process for the claimant to secure its right to payment. The mechanics lien enables the claimant to eventually sell the property and obtain payment from the proceeds to the extent they remain unpaid. California Civil Code Section 8460 generally requires that a lawsuit to foreclose on a mechanics’ lien must be filed in court within ninety (90) days after the mechanics’ lien is recorded. If no lawsuit has been filed in court within this 90-day period, then the lien generally becomes unenforceable. Because the mechanics lien remains a cloud on the title to the property if not released, the lien claimant usually releases the mechanics lien if they have failed to meet the lawsuit deadline. Lien claimants will also release a lien and/or dismiss the foreclosure lawsuit in exchange for payment. It is rare that the property is actually sold to obtain payment. This is a brief description of the pathway to payment through the use of a mechanics lien. Read the court decision
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    Reprinted courtesy of William L. Porter, Porter Law Group
    Mr. Porter may be contacted at bporter@porterlaw.com

    U.S. Supreme Court Weighs in on Construction Case

    January 13, 2014 —
    The U.S. Supreme Court weighed in on a construction case (Atlantic Marine Construction Co. v United States District Court for the Western District of Texas)—an occurrence newsworthy of itself, according to The California Construction Law Blog. Large general contractors may benefit by the court’s decision regarding “the enforceability of forum selection clauses.” According to the blog, the U. S. Supreme Court set three standards, “which, together, strongly support the enforceability of forum selection clauses: (1) The party defying a forum selection clause bears the burden of proof…. (2) The inconvenience to the party defying a forum selection clause bears no weight…. [and] (3) The law of the selected forum applies when determining whether to transfer a case.” Read the court decision
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    Reprinted courtesy of

    First Railroad Bridge Between Russia and China Set to Open

    August 06, 2019 —
    Work was completed on the first-ever railroad bridge connecting Russia to China in early April, as Russian engineers installed the final steel beam in its section of the structure over the river called the Amur in Russian and the Heilongjiang. China finished its part of the work last October, as the structure successfully spanned the world's 10th longest river, which markets the boundary between the two countries. Officials say the bridge will open for public use after the necessary inspections in July this year. Read the court decision
    Read the full story...
    Reprinted courtesy of Saibal Dasgupta, ENR
    ENR may be contacted at ENR.com@bnpmedia.com