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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
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    Local # 0710
    110 Brook St
    Torrington, CT 06790

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    Building Expert News and Information
    For Fairfield Connecticut


    Newmeyer & Dillion Named as One of the 2018 Best Places to Work in Orange County for Seventh Consecutive Year

    Gordon & Rees Ranks #5 in Top 50 Construction Law Firms in the Nation

    Understanding Lien Waivers

    Cal/OSHA ETS: Newest Version Effective Today

    Show Me the Money: The Good Faith Dispute Exception to Prompt Payment Penalties

    Helsinki is Building a Digital Twin of the City

    Safe Harbors- not just for Sailors anymore (or, why advance planning can prevent claims of defective plans & specs) (law note)

    Navigating the New Landscape: How AB 12 and SB 567 Impact Landlords and Tenants in California

    Rhode Island District Court Dismisses Plaintiff’s Case for Spoliation Due to Potential Unfair Prejudice to Defendant

    Construction Defect Case Not Over, Despite Summary Judgment

    Former SNC-Lavalin CEO Now Set for Trial in Bribe Case

    Can I Record a Lis Pendens in Arizona if the Lawsuit is filed Another Jurisdiction?

    Slowing Home Sales Show U.S. Market Lacks Momentum: Economy

    Substantial Completion Explained: What Contractors & Owners Should Know

    Real Estate & Construction News Roundup (10/16/24) – Chevron Ruling’s Impact on Construction Industry, New Kind of Public Housing and Policy Recommendations from Sustainable Building Groups

    The Murky Waters Between "Good Faith" and "Bad Faith"

    “Based On”… What Exactly? NJ Appellate Division Examines Phrase and Estops Insurer From Disclaiming Coverage for 20-Month Delay

    Staffing Company Not Entitled to Make a Claim Against a Payment Bond and Attorneys’ Fees on State Public Works Payment Bonds

    How the New Dropped Object Standard Is Changing Jobsite Safety

    Congratulations to Haight’s 2021 Super Lawyers San Diego Rising Stars

    Congratulations 2024 DE, MA, MD, NJ, NY, and PA Super Lawyers and Rising Stars

    Senate’s Fannie Mae Wind-Down Plan Faces High Hurdles

    Another Law Will Increase Construction Costs in New York

    A Tuesday With Lisa Colon

    Two New Developments in Sanatoga, Pennsylvania

    Tenth Circuit Reverses District Court's Ruling that Contractor Entitled to a Defense

    CDJ’s Year-End Review: The Top 12 CD Topics of 2015

    Locals Concerns over Taylor Swift’s Seawall Misdirected

    Energy Efficiency Ratings Aren’t Actually Predicting Energy Efficiency

    Production of Pre-Denial Claim File Compelled

    Supreme Court of New Jersey Reviews Statutes of Limitation and the Discovery Rule in Construction Defect Cases

    Orion Group Holdings Honored with Leadership in Safety Award

    Measures Landlords and Property Managers Can Take in Response to a Reported COVID-19 Infection

    Nevada Bill Would Bring Changes to Construction Defects

    Renee Mortimer Recognized as "Defense Lawyer of the Year" by DTCI

    South African Building Industry in Line for More State Support

    Certificates of Insurance May Confer Coverage

    New York Team’s Win Limits Scope of Property Owners’ Duties to Workers for Hazards Inherent in Their Work

    Dispute Resolution Provision in Subcontract that Says Owner, Architect or Engineer’s Decision Is Final

    Yet Another Reminder that Tort and Contract Don’t Mix

    The A, B and C’s of Contracting and Self-Performing Work Under California’s Contractor’s License Law

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

    Teaming Agreements- A Contract to Pursue a Solicitation and Negotiate

    Flying Solo: How it Helps My Construction Clients

    A Trio of Environmental Decisions from the Fourth Circuit

    Construction Project Bankruptcy Law

    Background Owner of Property Cannot Be Compelled to Arbitrate Construction Defects

    Ninth Circuit Finds Policy’s Definition of “Policy Period” Fatal to Insurer’s “Related Claims” Argument

    Connecticut Supreme Court Rules Matching of Materials Decided by Appraisers

    Repairing One’s Own Work and the one Year Statute of Limitations to Sue a Miller Act Payment Bond
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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

    Firm Leadership – New Co-Chairs for the Construction Law Practice Group

    July 02, 2024 —
    Partners Yvette Davis and Beth Obra-White have been named co-chairs for the firm’s Construction Law Practice Group. Yvette, Beth and other diverse leaders within the firm play an integral role in the firm’s Diversity, Equity & Inclusion initiatives. Congratulations to Yvette & Beth for their new roles as practice group leaders! Reprinted courtesy of Haight Brown & Bonesteel LLP Read the full story... Read the court decision
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    Reprinted courtesy of

    Court of Appeals Invalidates Lien under Dormancy Clause

    January 05, 2017 —
    On October 27, 2016, the Georgia Court of Appeals determined whether the Dormancy Statute, which bars the enforcement of judgments after seven years, applied to a lienholder’s action to foreclose its lien. A property owner (“Owner”), contracted with a contractor Contractor (“Contractor”) to build a home in January 2006. Contractor purchased building materials from a supplier (“Supplier”). In September 2006, Contractor failed to pay for the materials, and Supplier filed a lien on Owner’s property in November 2006. Supplier filed a claim of lien and instituted a lien action against Contractor. In March 2007, a default judgment was entered in favor of Supplier for the lien amount. It was not until November 2014 that Supplier sued Owner, seeking a declaration of a special lien in the amount of $14,655.65. The trial court granted Supplier’s motion for summary judgment and awarded Supplier a special lien in the amount of $14,655.65 plus $8,305 in accrued interest. Owner appealed, arguing that the lien was rendered unenforceable by the Dormancy Statute. Read the court decision
    Read the full story...
    Reprinted courtesy of Chadd Reynolds, Autry, Hanrahan, Hall & Cook, LLP
    Mr. Reynolds may be contacted at reynolds@ahclaw.com

    Construction Law Alert: Concrete Supplier Botches Concrete Mix, Gets Thrashed By Court of Appeal for Trying to Blame Third Party

    January 21, 2015 —
    On January 8, 2015, the Second Appellate district affirmed judgment of the lower court in State Ready Mix Inc. v. Moffatt & Nichol, and barred a concrete supplier from blaming a third party consultant for the concrete supplier's failure to deliver concrete that met project specifications. In 2012, Major Engineering Marine, Inc. was hired by a project manager to construct a harbor pier in the Channel Islands Harbor. Major hired State Ready Mix, Inc. to supply the concrete for the project. State wrote and submitted a concrete mix design and, at the request of Major, civil engineer Moffatt & Nichol reviewed and approved State's mix design at no charge. Reprinted courtesy of Steven M. Cvitanovic, Haight Brown & Bonesteel LLP and Whitney L. Stefko, Haight Brown & Bonesteel LLP Mr. Cvitanovic may be contacted at scvitanovic@hbblaw.com; Ms. Stefko may be contacted at wstefko@hbblaw.com Read the court decision
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    Reprinted courtesy of

    ACEC Research Institute Releases New Engineering Industry Forecast

    December 13, 2021 —
    Washington, DC, Dec. 09, 2021 (GLOBE NEWSWIRE) -- Today, the ACEC Research Institute released two new reports on the Engineering and Design Services industry: the 2021 Economic Assessment of the Engineering and Design Services Industry and a new Engineering Business Sentiment report for Q4 2021. The data shows the industry has rebounded from project postponements due to COVID, though firms identify a tight labor market and lack of qualified workers as continued barriers to growth across public and private markets. This is the second annual release of the Engineering and Design Services industry assessment, which tracks the industry's economic contributions, analyzes key economic drivers, and forecasts industry growth. Snapshot of the Engineering and Design Services Industry: 1.5 million direct full- and part-time jobs $97,300 average yearly wages $338 billion in industry sales $198 billion direct economic contribution $105 billion collected in total federal, state & local tax Both reports, the 2021 Economic Assessment of the Engineering and Design Services Industry and the Engineering Business Sentiment report for Q4 2021, are available for download by clicking here. ### The ACEC Research Institute is the research arm of the American Council of Engineering Companies – the business association of the nation's engineering industry. The ACEC Research Institute's mission is to deliver knowledge and business strategies that guide and elevate the engineering industry and to be the leading source of knowledge and thought leadership for creating a more sustainable, safe, secure and technically advanced built environment. For more information, go to www.acecresearchinstitute.org. Read the court decision
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    Reprinted courtesy of

    Circumstances In Which Design Professional Has Construction Lien Rights

    February 24, 2020 —
    If you are a design professional (architect, landscape architect, interior designer, engineer, surveyor, or mapper) you have construction lien rights in the event you are not paid. This does not mean your lien rights are absolute so it is important to understand the circumstances which allow you to record a construction lien on a project. These circumstances are contained in Florida Statute s. 713.03: (1) Any person who performs services as architect, landscape architect, interior designer, engineer, or surveyor and mapper, subject to compliance with and the limitations imposed by this part, has a lien on the real property improved for any money that is owing to him or her for his or her services used in connection with improving the real property or for his or her services in supervising any portion of the work of improving the real property, rendered in accordance with his or her contract and with the direct contract. (2) Any architect, landscape architect, interior designer, engineer, or surveyor and mapper who has a direct contract and who in the practice of his or her profession shall perform services, by himself or herself or others, in connection with a specific parcel of real property and subject to said compliances and limitations, shall have a lien upon such real property for the money owing to him or her for his or her professional services, regardless of whether such real property is actually improved. Read the court decision
    Read the full story...
    Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
    Mr. Adelstein may be contacted at dma@kirwinnorris.com

    A Court-Side Seat: Flint Failures, Missed Deadlines, Toad Work and a Game of Chicken

    October 05, 2020 —
    The last few weeks have yielded a number of interesting developments in the Federal courts. FEDERAL COURTS OF APPEAL In re Flint Water Cases Several local and State of Michigan officials, including the former governor, requested dismissal from the civil litigation seeking damages for the massive failure of Flint, Michigan’s public drinking water system. On August 5, 2020, the U.S. Court of Appeals for the Sixth Circuit agreed that the plaintiffs, residents of Flint, have successfully pled a case that the conduct of the defendants so “shocked the conscience” that a claim for a violation of their substantive due process rights was appropriately alleged. The defendants, including the former governor, argued that they were entitled to a qualified immunity defense. The court rejected this argument on the basis of the earlier decisions made by the court in this matter. Judge Sutton concurred because he was bound by this precedent, but remarked that the evidence for the governor’s culpability was very thin; he was not intimately connected to the extraordinary error in judgment. The majority was very upset with this concurrence as indicted by their own opinion. Read the court decision
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    Reprinted courtesy of Anthony B. Cavender, Pillsbury
    Mr. Cavender may be contacted at anthony.cavender@pillsburylaw.com

    General Indemnity Agreement Can Come Back to Bite You

    October 21, 2019 —
    I talk about payment bonds often here at Construction Law Musings. I talk a bit less about performance bonds and even less about the General Indemnity Agreements (GIA) that are signed by companies and their principals as part of the agreement between a construction company and its bonding company for the provision of these bonds. However, this does not mean that these GIA’s are not important. In fact, these are the agreements that allow a bonding provider to recoup any money paid out pursuant to either a payment or performance bond. A 2018 case illustrates their importance. In Allegheny Cas. Co. v. River City Roofing, LLC, the Court considered a claim by Allegheny seeking both specific performance of the collateral agreement and reimbursement of certain expenses and investigative costs expended by Allegheny pursuant to its performance bond. Allegheny sought to be reimbursed for certain payments for siding work, investigative costs, and costs spent enforcing the GIA. Allegheny further sought to force the defendants to post sufficient collateral. To do so, Allegheny sued in the Eastern District of Virginia and then moved for summary judgment stating that the GAI uneuivocally required such a result due to the good faith payment for the siding work and the plain language of the GIA. In response, the Defendants, River City Roofing and its principals that had personally guaranteed the indemnity, argued that the GIA did not apply to the siding work because only the roofing contract was subject to the performance bond and that any bond claims for which collateral was demanded were inchoate and therefore not proper for specific performance. Read the court decision
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    Reprinted courtesy of The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at chrisghill@constructionlawva.com

    Developer Transition - Maryland Condominiums

    June 21, 2017 —
    INTRODUCTION “Developer transition” is the process by which the governance of a condominium association is transferred from developer to unit owner control. This article provides a brief overview of the legal requirements that govern the developer transition process for Maryland condominiums. This article also as well as a “transition checklist” for transitioning unit owner-controlled boards of directors. PERIOD OF DEVELOPER CONTROL A developer initially controls an association because it owns all unsold units in the newly created condominium community. As such, the developer has the controlling votes associated with majority ownership and can appoint its own employees as the initial members of the board of directors and thereby control how the condominium association conducts its affairs. This is referred to as the “period of developer control,” during which the developer makes all decisions on behalf of the association. The developer also creates an association’s governing documents, allowing it to dictate, subject to applicable law, the procedures and time periods under which control over the association’s board of directors will eventually be transferred to the homeowners. Read the court decision
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    Reprinted courtesy of Nicholas D. Cowie, Cowie & Mott, P.A.
    Mr. Cowie may be contacted at ndc@cowiemott.com