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    Local # 0780
    433 Meadow St
    Fairfield, CT 06824

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    Real Estate & Construction News Round-Up 01/26/22

    Design Immunity Does Not Shield Public Entity From Claim That it Failed to Warn of a Dangerous Condition

    Court Finds No Coverage for Workplace “Prank” With Nail Gun

    New Households Moving to Apartments

    Ohio Supreme Court Case to Decide Whether or Not to Expand Insurance Coverage Under GC’s CGL Insurance Policies

    Lenders and Post-Foreclosure Purchasers Have Standing to Make Construction Defect Claims for After-Discovered Conditions

    Technology and the Environment Lead Construction Trends That Will Continue Through 2019

    Corps Releases Final Report on $29B Texas Gulf Coast Hurricane Defense Plan

    Bad Faith Claim for Inadequate Investigation Does Not Survive Summary Judgment

    Gibbs Giden is Pleased to Announce Four New Partners and Two New Associates

    Wendel Rosen Attorneys Named as Fellows of the Construction Lawyers Society of America

    New York Labor Laws and Action Over Exclusions

    What You Need to Know About Enforcement Actions by the Contractors State License Board

    Rihanna Gained an Edge in Construction Defect Case

    Real Estate & Construction News Roundup (09/12/23) – Airbnb’s Future in New York City, MGM Resorts Suffer Cybersecurity Incident, and Insurance Costs Hitting Commercial Real Estate

    Phillips & Jordan Awarded $176M Everglades Restoration Contract

    Construction Case Alert: Appellate Court Confirms Engineer’s Duty to Defend Developer Arises Upon Tender of Indemnity Claim

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

    Travelers’ 3rd Circ. Win Curbs Insurers’ Asbestos Exposure

    New Research Shows Engineering Firms' Impact on Economy, Continued Optimism on Business Climate

    Client Alert: Design Immunity Affirmative Defense Not Available to Public Entities Absent Evidence of Pre-Accident Discretionary Approval of the Plan or Design

    Wyncrest Commons: Commonly Used Progress Payments in Construction Contracts Do Not Render Them Installment Contracts

    Exclusion for Construction of Condominiums Includes Faulty Construction of Retaining Wall

    Commercial Construction Lenders Rejoice: The Pennsylvania Legislature Provides a Statutory fix for the “Kessler” Decision

    Battle of “Other Insurance” Clauses

    Asbestos Confirmed After New York City Steam Pipe Blast

    The Small Stuff: Small Claims Court and Limited Civil Court Jurisdictional Limits

    OSHA Finalizes Rule on Crane Operator Qualification and Certification

    Strategic Communication Considerations for Contractors Regarding COVID-19

    Defense Owed to Insured Subcontractor, but not to Additional Insured

    ADP Says Payrolls at Companies in U.S. Increase 200,000

    COVID-19 Vaccine Considerations for Employers in the Construction Industry

    Tenth Circuit Finds Appraisal Can Decide Causation of Loss Under Colorado Law

    No Coverage Under Anti-Concurrent Causation Clause

    Harmon Hotel Construction Defect Update

    Wildfire Threats Make Utilities Uninsurable in US West

    Contractors Prepare for a Strong 2021 Despite Unpredictability

    Court Grants Summary Judgment to Insurer in HVAC Defect Case

    Sarah P. Long Expands Insurance Coverage Team at Payne & Fears

    Fifth Circuit Confirms: Insurer Must Defend Despite Your Work/Your Product Exclusion

    EEOC Sues Whiting-Turner Over Black Worker Treatment at Tennessee Google Project

    Couple Sues Attorney over Construction Defect Case, Loses

    If a Defect Occurs During Construction, Is It an "Occurrence?"

    4 Ways the PRO Act Would Impact the Construction Industry

    ASCE Statement on EPA Lead Pipe and Paint Action Plan

    Question of Parties' Intent Prevents Summary Judgment for Insurer

    Traub Lieberman Attorneys Recognized in the 2025 Edition of The Best Lawyers in America®

    John Aho: Engineer Pushed for Seismic Safety in Alaska Ahead of 2018 Earthquake

    2019 Legislative Changes Affecting the Construction Industry

    Utah Supreme Court Allows Citizens to Block Real Estate Development Project by Voter Referendum
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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

    No Jail Time for Disbarred Construction Defect Lawyer

    May 10, 2013 —
    The New Mexico Supreme Court decided that a lawyer who defrauded clients will not be spending any time in jail, although they did disbar him in February. Bradley R. Sims brought a cashier’s check for $10,000 to repay his former client. Casa Bandera had hired Sims to sue over construction defects at apartment buildings it owned in Las Cruces, New Mexico. The court had found that Sims did not file the lawsuit but that created documents to convince his clients that he had. Sims initially intended to repay Casa Bandera through monies owed him by Sundland Park, New Mexico. When that did not arrive at the court, Sims borrowed the money. He has yet to comply with a court order to turn over his client lists so that the disciplinary board can determine if he owes money to any other clients. Read the court decision
    Read the full story...
    Reprinted courtesy of

    Trump’s Infrastructure Weak

    June 21, 2017 —
    This past week was President Trump’s “Infrastructure Week.” A week dedicated, according to the White House’s official blog, “to addressing America’s crumbling infrastructure” and to try to build support for the President’s campaign promise to invest “at least” $1 trillion on improving the nation’s infrastructure. For the construction industry it was going to be an exciting week. Not only because it could mean new opportunities for the industry but from a policy perspective our nation’s infrastructure, which recently received a grade of D+ from the American Society of Engineers, is in dire need of investment. But Infrastructure Week ended up being more like Infrastructure Weak. No infrastructure bills were signed or introduced, no executive orders were issued, and no new departments or commissions were created, although at the end of the week President Trump promised to form a “council” and “office” to review the environmental permitting process. Read the court decision
    Read the full story...
    Reprinted courtesy of Garret Murai, Wendel Rosen Black & Dean LLP
    Mr. Murai may be contacted at gmurai@wendel.com

    Default, Fraud, and VCPA (Oh My!)

    September 12, 2023 —
    I’ve discussed the Virginia Consumer Protection Act (VCPA) and the interaction between fraud and contract on numerous occasions here at Construction Law Musings. A recent case from the Eastern District of Virginia District Court discusses this interaction (along with that dreaded default) further. In Bhutta v. DRM Construction Corp., the homeowners, the Bhuttas, sued DRM for breach of contract, conversion, fraud, and a violation of the VCPA. These allegations were based upon DRM having taken a $40,000.00 deposit from the Bhuttas and then failing to even begin work. As you may have guessed from the title of this post, DRM did not respond to the Complaint and the Court granted default. The Court then took up the question of whether the Bhuttas had alleged enough on each count for default judgment on those counts. After going through a procedural recitation and finding that DRM was properly served and that the Court had jurisdiction, the Court got to the meat of the matter. The Court held that the Bhuttas properly plead a breach of contract for the obvious reason. The reason was that DRM never performed any work and the Bhuttas were damaged because they both paid the deposit and also had to hire another contractor to complete the work at a higher price. The Court granted default judgment for breach of contract. Read the court decision
    Read the full story...
    Reprinted courtesy of The Law Office of Christopher G. Hill
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    CEB’s Mechanics Liens and Related Remedies – 2014 Update

    November 26, 2014 —
    I’ve been writing for the CEB – the Continuing Education of the Bar – which publishes legal practice guides for lawyers for some time now. But I don’t think I’ve been quite as excited to write for the CEB than writing for its publication, California Mechanics Liens and Related Construction Remedies, for the first time this year. Particularly, since it’s one of the first publications I used as a young lawyer to learn about construction law, and still use today. Read the court decision
    Read the full story...
    Reprinted courtesy of Garret Murai, Wendel Rosen Black & Dean LLP
    Mr. Murai may be contacted at gmurai@wendel.com

    Production of Pre-Denial Claim File Compelled

    November 30, 2017 —
    The appellate court found that the claims file that existed before the insurer's denial was discoverable. Cascade Builders Corp. v. Rugar, 2017 N.Y. App. Div. LEXIS 7357 (N.Y. App. Div.. Oct. 19, 2017). Cascade Builders was the general contractor for the homeowners. In May 2011, Cascade subcontracted with John Rugar to perform certain exterior power washing on the residence. The contract between Cascade and Rugar required Rugar to indemnify and hold Cascade harmless for any work performed by Rugar and to obtain coverage naming Cascade as an additional insured. Rugar procured the required CGL policy from Utica First Insurance Company. 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

    Condo Building Hits Highest Share of Canada Market Since 1971

    December 10, 2015 —
    It’s the year of the condo for Canada’s housing market. Construction of multiple units as a share of total new housing starts is at the highest level since 1971, data from Canada Mortgage & Housing Corp. show, as builders in Toronto and Vancouver press ahead with new development. The condo boom -- fueled in part by affordability issues in Canada’s two priciest markets -- is helping offset a slump in construction of single detached homes across the country. Read the court decision
    Read the full story...
    Reprinted courtesy of Theophilos Argitis, Bloomberg

    Arizona Court Cites California Courts to Determine Construction Defect Coverage is Time Barred

    December 30, 2013 —
    Construction defect claims in an Arizona community are time barred and so the judge had determined that National Fire & Marine Insurance is not liable for coverage. National Fire claimed that while there was no Arizona case law concerning statutes of limitations for equitable contributions by insurance carriers, the court agreed that “its position is directly supported by cases from other jurisdictions.” In the underlying construction defect case, Steadfast Insurance had settled with homeowners over allegations of construction defects. National Fire was a co-insurer and declined coverage. National Fire’s citing of two California cases was not unique for the Arizona courts. Other Arizona cases cited the same two California cases. Read the court decision
    Read the full story...
    Reprinted courtesy of

    Massachusetts Federal Court Rejects Adria Towers, Finds Construction Defects Not an “Occurrence”

    July 03, 2022 —
    In an important ruling for insurers, U.S. District Court Judge Patti Saris found that Massachusetts does not follow the position taken in Cypress Point Condo Association v. Adria Towers, LLC, 226 N.J. 403, 418 (2016), i.e., it does not hold that "faulty workmanship claims [should be recognized] as ... an 'occurrence,' thus triggering coverage, 'so long as the allegedly defective work [was] performed by a subcontractor rather than the policyholder itself."[1] Instead, Judge Saris reaffirmed earlier Massachusetts authority holding faulty work is not an "occurrence" for coverage purposes,[2] and found this authority applied whether or not the work in question was subcontracted. In the alternative, Judge Saris found, even if a contractor's faulty work could be deemed an an "occurrence," such work did not constitute covered "property damage," because none of the alleged damage was "outside the scope of the work that Tocci was contractually required to fulfill as general contractor."[3] Reprinted courtesy of Eric B. Hermanson, White and Williams and Austin D. Moody, White and Williams Mr. Hermanson may be contacted at hermansone@whiteandwilliams.com Mr. Moody may be contacted at moodya@whiteandwilliams.com Read the court decision
    Read the full story...
    Reprinted courtesy of