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    Local # 0780
    433 Meadow St
    Fairfield, CT 06824

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    Local # 0740
    20 Hartford Rd Suite 18
    Salem, CT 06420

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    Rocky Hill, CT 06067

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    Building Expert News and Information
    For Fairfield Connecticut


    DEP Plan to Deal with Noxious Landfill Fumes Met with Criticism

    City Sues over Leaking Sewer System

    San Francisco Half-Built Apartment Complex Destroyed by Fire

    Home Prices Beat Estimates With 0.8% Gain in November

    Luxury-Apartment Boom Favors D.C.’s Millennial Renters

    Greystone on Remand Denies Insurer's Motion for Summary Judgment To Bar Coverage For Construction Defects

    Stop by BHA’s Booth at WCC and Support the Susan G. Komen Foundation

    Pennsylvania “occurrence”

    EEOC Chair Issues New Report “Building for the Future: Advancing Equal Employment Opportunity in the Construction Industry”

    Challenging Enforceability of Liquidated Damages (In Federal Construction Context)

    Newmeyer & Dillion Attorneys Selected to Best Lawyers in America© Orange County and as Attorneys of the Year 2018

    First-Time Buyers Home Sales Stagnates

    Ex-San Francisco DPW Director Sentenced to Seven Years in Corruption Case

    Measure of Damages in Negligent Procurement of Surety Bonds / Insurance

    Insurer Cannot Abandon Defense Agreement on Underlying Asbestos Claims Against Insured

    Reasonableness of Liquidated Damages Determined at Time of Contract (or, You Can’t Look Back Again)

    Fire Damages Unfinished Hospital Tower at NYU Langone Medical Center

    California Supreme Court Raises the Bar on Dangerous Conditions on Public Property Claims

    Give Way or Yield? The Jurisdiction of Your Contract Does Matter! (Law note)

    Is the Sky Actually Falling (on Green Building)?

    Distressed Home Sales Shrinking

    Courts Generally Favor the Enforcement of Arbitration Provisions

    Maximizing Contractual Indemnity Rights: Problems with Common Law

    SFAA Commends Congress for Maintaining Current Bonding Protection Levels in National Defense Authorization Act (NDAA)

    Product Defect Allegations Trigger Duty To Defend in Pennsylvania

    Virtual Reality for Construction

    The 2023 Term of the Supreme Court: Administrative and Regulatory Law Rulings

    Florida Appellate Courts Holds Underwriting Manuals are Discoverable in Breach of Contract Case

    The G2G Year in Review: 2021

    Contractor Suffolk's Hospital Project Is on Critical List After Steward Health Care Bankruptcy

    Providing “Labor” Under the Miller Act

    Eleventh Circuit Finds Professional Services Exclusion Applies to Construction Management Activities

    Considering Stormwater Management

    New California Employment Laws Affect the Construction Industry for 2019

    Latosha Ellis Selected for 2019 Leadership Council on Legal Diversity Pathfinder Program

    Home Building Mergers and Acquisitions 2014 Predictions

    Traub Lieberman Partner Lisa M. Rolle Wins Summary Judgment in Favor of Third-Party Defendant

    The Power of Planning: Four Key Themes for Mitigating Risk in Construction

    Contractors Pay Heed: The Federal Circuit Clarifies Two Important Issues For Bid Protestors

    Liebherr Claims Crane Not Cause of Brazil Stadium Construction Accident

    A Good Examination of Fraud, Contract and Negligence Per Se

    Demanding a Reduction in Retainage

    The Complex Insurance Coverage Reporter – A Year in Review

    Updates to Residential Landlord Tenant Law

    SE 2050 Is In Quixotic Pursuit of Eliminating Embodied Carbon in Building Structures

    Ohio subcontractor work exception to the “your work” exclusion

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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.

    Building Expert News & Info
    Fairfield, Connecticut

    Hong Kong Property Tycoon Makes $533 Million Bet on Solar

    April 02, 2014 —
    A Hong Kong real-estate tycoon has spent the past year accumulating stakes in failing solar companies, piecing together what may become the biggest collection of photovoltaic factories in the world. Zheng Jianming, also known in Cantonese as Cheng Kin Ming, has spent or pledged about $533 million to buy assets that at their peak were worth almost $20 billion, according to regulatory filings in the U.S. and Hong Kong, where he has a home and office. The transactions, if completed, would transform Zheng, a newcomer to the solar industry, into one of its most powerful leaders. Another Zheng solar investment in 2012, a 30 percent stake in Shunfeng Photovoltaic International Ltd. (1165), has surged more than 2,900 percent and is now worth more than $745 million. Mr. Goossens may be contacted at egoossens1@bloomberg.net; Mr. Haas may be contacted at bhaas7@bloomberg.net Read the court decision
    Read the full story...
    Reprinted courtesy of Ehren Goossens and Benjamin Haas, Bloomberg News

    Bad Faith in the First Party Insurance Context

    December 15, 2016 —
    In a previous article I discussed bad faith when it comes to an insurance claim. Recently, in Barton v. Capitol Preferred Insurance Co., Inc., 41 Fla. L. Weekly D2736b (Fla. 5th DCA 2016), the court discussed bad faith in the first-party insurance context (i.e., a property / homeowners insurance policy). In this case, homeowners, as the insured, sued their homeowners insurance carrier for sinkhole coverage. The homeowner filed a Civil Remedy Notice of Insurer Violation (also known as a Civil Remedy Notice) against their insurer with the Florida Department of Insurance in accordance with Florida Statute s. 624.155. This Civil Remedy Notice is a prerequisite to initiating such a bad faith claim; the notice specifies the statutory violations committed by the insurer and gives the insurer 60 days to cure the violation. Read the court decision
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    Reprinted courtesy of David Adelstein, Florida Construction Legal Updates
    Mr. Adelstein may be contacted at dma@katzbarron.com

    Lessee Deemed Statutory Employer, Immune from Tort Liability by Pennsylvania Court

    November 03, 2016 —
    The Superior Court of Pennsylvania addressed whether a lessee can be shielded from tort liability as a statutory employer and thus, immune from civil liability under the Workers’ Compensation Act. The court in Doman v. Atlas America, Inc. held that a primary contractor who leased property for the purposes of removing and drilling natural gas is a statutory employer under Section 302(a) of the Act and thus, entitled to tort immunity under Section 203 of the Act. Reprinted courtesy of Jerrold Anders, White and Williams LLP and Alison Russell, White and Williams LLP Mr. Anders may be contacted at andersj@whiteandwilliams.com Ms. Russell may be contacted at russella@whiteandwilliams.com Read the court decision
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    Reprinted courtesy of

    Real Estate & Construction News Roundup (7/10/24) – Strong Construction Investment in Data Centers, Increase Use of Proptech in Hospitality and Effects of Remote-Work on Housing Market

    August 05, 2024 —
    In our latest roundup, renters stay in their units longer, GenAI change how commercial real estate operates, and banks continue high exposure due to commercial real estate.
    • Strong investor interest, particularly in opportunistic and value-add segments, signals a strong market for construction firms specializing in high-yield projects. (Sebastian Obando, Construction Dive)
    • A growing number of renters are staying in their units for longer periods of time than they did a decade ago with over one-third of U.S. renters have lived in the same apartment for more than five years. (Mary Salmonsen, Multifamily Dive)
    • Several U.S. regional and mid-sized banks continue to face the squeeze from high exposure to the commercial real estate sector that has been shaken by higher-for-longer interest rates and empty office buildings. (Reuters)
    Read the court decision
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    Reprinted courtesy of Pillsbury's Construction & Real Estate Law Team

    Settlement Reached in California Animal Shelter Construction Defect Case

    May 13, 2014 —
    A construction defect case involving an animal shelter in Healdsburg, California has settled after two years of litigation, according to The Press Democrat. The $3.5 million, 7,500-square foot building had been “built largely with a behest from the estate of the late vintner Rodney Strong and his wife, Charlotte.” However, “shortly before the facility could be completed in late 2011, general contractor Syd Kelly went bankrupt. Unpaid sub-contractors filed liens for payment against the Healdsburg Animal Shelter, which in turn alleged construction and design defects in the building.” The Press Democrat reported that “[t]he most visible signs of problems were cracks in the cement foundation.” Robert Wilkie, the Healdsburg Animal Shelter board’s secretary-treasurer, stated that the shelter is “perfectly structurally viable and a rather attractive building” and that “the defects that make it not usable today can be mitigated in a variety of different ways.” Read the court decision
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    Reprinted courtesy of

    Appraisal Process Analyzed

    August 19, 2015 —
    The California Court of Appeal offered a primer in the appraisal process in reversing the trial court's confirmation of the appraisal award. Lee v. California Capital Ins. Co., 2015 Cal. App. LEXIS 530 (Cal. Ct. App. June 18, 2015). A fire damaged an apartment building owned by the insured. The fire started in unit 3 on the ground floor. The insurer argued the fire did not extend beyond unit 3. The insured claimed that the fire damaged six of the 12 apartments with fire or smoke. The insured's public adjuster submitted a claim to the insurer that exceeded $800,000. The statement of loss included costs for cleaning, asbestos abatement, reconstruction of affected apartments, and loss of rent. The public adjuster said the loss consisted of burn damage to unit 3 and some damage to the "common" walls located between the apartments on the two floors above unit 3. All of the interior rooms of five apartments other than unit 3 would need to be completely dismantled and then replaced. 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

    Client Alert: Michigan Insurance Company Not Subject to Personal Jurisdiction in California for Losses Suffered in Arkansas

    February 05, 2015 —
    In Greenwell v. Auto-Owners Ins. Co. (No. C074546, Filed 1/27/2015) (“Greenwell”), the California Court of Appeal, Third Appellate District, held a California resident could not establish specific personal jurisdiction over an insurance company, located in Michigan, which issued a policy of insurance to the California resident where the claimed loss occurred in Arkansas. Plaintiff purchased a policy of insurance from defendant, Auto-Owners Ins. Co. (“Auto”), a Michigan corporation. The policy provided commercial property coverage for an apartment building owned by Plaintiff, located in Arkansas. The policy also provided commercial general liability coverage for plaintiff’s property ownership business, which plaintiff operated from California. Both coverage provisions insured certain risks, losses, or damages that could have arisen in California. The dispute which arose between Plaintiff and Defendant, however, involved two fires that damaged the apartment building in Arkansas. As a result of coverage decisions that Auto made in the handling of the claim, plaintiff filed suit for breach of contract and bad faith. Reprinted courtesy of Haight Brown & Bonesteel LLP attorneys R. Bryan Martin, Lawrence S. Zucker II and Kristian B. Moriarty Mr. Martin may be contacted at bmartin@hbblaw.com; Mr. Zucker may be contacted at lzucker@hbblaw.com; and Mr. Moriarty may be contacted at kmoriarty@hbblaw.com Read the court decision
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    Reprinted courtesy of

    San Diego’s NFL Stadium Dream Counts on Munis for Chargers’ Home

    June 10, 2015 —
    San Diego, still dealing with the legacy of a pension crisis that led politicians to consider bankruptcy a decade ago, may throw taxpayer money behind municipal bonds for a football-stadium bidding war. The city and the National Football League’s Chargers are negotiating on a proposed $1.3 billion coliseum to keep the team from leaving for Los Angeles. A plan backed by a city panel would have San Diego pay $121 million of the new stadium’s debt, even though it still owes $52 million for the Chargers’ current home. San Diego County would chip in, too. The quest to keep the team has triggered a debate over whether to finance professional football as the city deals with $2 billion of deferred maintenance brought about in part by mounting pension costs. The city’s retirement system has a shortfall just as large, which led voters three years ago to approve reducing benefits for city workers. Reprinted courtesy of James Nash, Bloomberg and Darrell Preston, Bloomberg Read the court decision
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    Reprinted courtesy of