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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

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

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    Local # 0720
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    Rocky Hill, CT 06067

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    Local # 0710
    110 Brook St
    Torrington, CT 06790

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    Bloomfield, CT 06002

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    Building Expert News and Information
    For Fairfield Connecticut


    U.S., Canada, Mexico Set New Joint Clean-Energy Goal

    No Prejudicial Error in Refusing to Give Jury Instruction on Predominant Cause

    Delays and Suspension of the Work Under Fixed Price Government Contract

    NLRB Finalizes Rule for Construction Industry Unions to Obtain Majority Support Representational Status

    Insurance Law Alert: California Appeals Court Allows Joinder of Employee Adjuster to Bad Faith Lawsuit Against Homeowners Insurer

    Understanding Indiana’s New Home Construction Warranty Act

    Determining Occurrence for Injury Under Commercial General Liability Policy Without Applying “Trigger Theory”

    The Hidden Dangers of Construction Defect Litigation

    Determining the Cause of the Loss from a Named Windstorm when there is Water Damage - New Jersey

    What You Don’t Know About Construction Law Can Hurt Your Engineering Firm (Law Note)

    Housing Inflation Begins to Rise

    Texas Supreme Court Rules on Contractual Liability Exclusion in Construction Cases

    Forecast Sunny for Solar Contractors in California

    Surfside Condo Collapse Investigators Have Nearly Finished Technical Work

    Colorado Court of Appeals to Rule on Arbitrability of an HOA's Construction Defect Claims

    Five LEED and Green Construction Trends to Watch in 2020

    Hawaii Supreme Court Finds Excess Can Sue Primary for Equitable Subrogation

    New Safety Requirements added for Keystone Pipeline

    NYPD Investigating Two White Flags on Brooklyn Bridge

    15 Wilke Fleury Lawyers Recognized in 2020 Northern California Super Lawyers and Rising Stars Lists

    New Jersey Judge Found Mortgage Lender Liable When Borrower Couldn’t Pay

    Incorporation by Reference in Your Design Services Contract– What Does this Mean, and Are You at Risk? (Law Note)

    Boston Building Boom Seems Sustainable

    Couple Perseveres to Build Green

    D.R. Horton Earnings Rise as Sales and Order Volume Increase

    Manhattan Vacancies Rise in Epicenter Shift: Real Estate

    Spearin Doctrine 100 Years Old and Still Thriving in the Design-Build Delivery World

    Case-Shiller Redo Shows Less Severe U.S. Home-Price Slump

    White and Williams Earns Tier 1 Rankings from U.S. News "Best Law Firms" 2020

    Haight has been named a Metropolitan Los Angeles Tier 1 “Best Law Firm” in four practice areas and Tier 2 in one practice area by U.S. News – Best Lawyers® “Best Law Firms” in 2021

    Portions of Policyholder's Expert's Opinions Excluded

    Beyond the Statute: How the Colorado Court Upheld Modified Accrual in Construction Contracts

    Waiving Workers’ Compensation Immunity for Indemnity: Demystifying a Common and Scary-Looking Contract Term

    JPMorgan Blamed for ‘Zombie’ Properties in Miami Lawsuit

    When Is an Arbitration Clause Unconscionable? Not Often

    South Africa Wants Payment From Colluding World Cup Builders

    As Single-Family Homes Get Larger, Lots Get Smaller

    Construction Defect Settlement in Seattle

    Landmark Montana Supreme Court Decision Series: Known Loss Doctrine & Interpretation of “Occurrence”

    Court of Appeals Rules that HOA Lien is not Spurious, Despite Claim that Annexation was Invalid

    The Pitfalls of Oral Agreements in the Construction Industry

    Exception to Watercraft Exclusion Does Not Apply

    Insurers May Not Be Required to Defend Contractors In a Florida §558 Proceeding

    Get Creative to Solve Your Construction Company's Staffing Challenges

    Accident/Occurrence Requirement Does not Preclude Coverage for Vicarious Liability or Negligent Supervision

    Hotel Owner Makes Construction Defect Claim

    Insurer Ordered to Participate in Appraisal

    A Court-Side Seat: “Inholdings” Upheld, a Pecos Bill Come Due and Agency Actions Abound

    Massachusetts High Court to Decide if Insurers Can Recoup Defense Costs

    Understanding Insurance Disputes in Construction Defect Litigation: A Review of Acuity v. Kinsale
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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

    Wilke Fleury and Attorneys Recognized as ‘Best Law Firm’ and ‘Best Lawyers’ by U.S. News!

    November 08, 2017 —
    Wilke Fleury is pleased to announce its inclusion in the 2018 editions of ‘Best Law Firms’ in America and ‘Best Lawyers’ in America. The two award categories reflect excellence in legal service – firms included in the 2018 “Best Law Firms” list are recognized for professional excellence by clients and peers and Best Lawyers® has become universally regarded as the definitive guide to legal excellence. Wilke Fleury Recognized in U.S. News 2018 Edition ‘Best Law Firms’ in America Wilke Fleury is honored to be recognized among the nation’s Best Law Firms by U.S. News – Best Lawyers. “Firms included in the 2018 “Best Law Firms” list are recognized for professional excellence with persistently impressive ratings from clients and peers. Achieving a tiered ranking signals a unique combination of quality law practice and breadth of legal expertise.” Wilke Fleury Attorneys Elected to U.S. News 2018 Edition ‘Best Lawyers’ in America Congratulations to David A. Frenznick and Ernest James Krtil on their election to the 2018 Edition ‘Best Lawyers in America.’ Read the court decision
    Read the full story...
    Reprinted courtesy of Wilke Fleury

    Form Contracts are Great, but. . .

    November 12, 2019 —
    Recently I was discussing the ConsensusDOCs with a colleague and friend and had a revelation. These forms are used often (though somewhat less than their AIA counterparts and less than they should be used). Quick disclaimer: I have been a part of a couple of drafting committees for ConsensusDOCs and am friends with Brian Perlberg, general counsel to the drafting effort. Some of the reason that these forms are so widely used is that they can be applied in a general way to almost any situation. Both sets of forms have documents for small and large jobs. Both have forms for Contractor/Owner and Contractor/Subcontractor. In short, a form document exists for about any scenario. I am writing now to let you know that while forms are great, they are just that. . . forms. Like with any set of forms, they need to be “tweaked” for your particular project. In my opinion they both have great clauses in them, and both have some flexibility built in (ConsensusDOCS more at the moment than the AIA forms). At the very least, construction professionals need to use this flexibility to conform the documents to their particular situation and do so within the documents themselves and not with addenda that “strike” or “modify” particular clauses. 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

    Conversations with My Younger Self: 5 Things I Wish I Knew Then

    July 24, 2023 —
    I remember the morning I became a construction law attorney. It was on my birthday several years ago when a partner called me into his office and asked me to review the A107 contract form for a large firm client. The assignment gave me a new language to speak and contract provisions that I came slowly to understand. I quickly moved into construction litigation and would soon learn that a "fragnet" was not the newest social media app but an important part of a delay claim. I read Spearin's biography and learned how to assess recoverable damages for different claims—costs to repair, replacement and betterment, increased financing/carrying costs, and the like. It took a lot of blood, sweat, and tears to get to where I am now. Echoing Rod Stewart’s sentiment—“I wish that I knew then, what I do now, when I was younger”—here are five tips I’d pass along to the younger me or anyone who is beginning their career as a construction lawyer: Read the court decision
    Read the full story...
    Reprinted courtesy of Steve Swart, Williams Mullen
    Mr. Swart may be contacted at sswart@williamsmullen.com

    Defense for Additional Insured Not Barred By Sole Negligence Provision

    August 11, 2011 —

    A general contractor was entitled to a defense as an additional insured when the underlying complaint did not allege it was solely negligent. A-1 Roofing Co. v. Navigators Ins. Co., 2011 Ill. App. LEXIS 656 (Ill. Ct. App. June 24, 2011).

    A-1 was the general contractor for a roof resurfacing job at a high school. Jack Frost Iron Works Inc. (“Frost”) was one of A-1’s subcontractors. Frost had a CGL policy with Navigators Insurance Company under which A-1 was an additional insured.

    An employee of Frost’s subcontractor Midwest Sheet Metal Inc. was killed at the job site when a boom-lift he was operating flipped over. The boom-lift had been leased by another Frost subcontractor, Bakes Steel Erectors, Inc. (BSE). The deceased's estate filed suit against A-1, BSE and two other defendants.

    Read the full story…

    Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii. Mr. Eyerly can be contacted at te@hawaiilawyer.com

    Read the court decision
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    Reprinted courtesy of

    $31.5M Settlement Reached in Contract Dispute between Judlau and the Illinois Tollway

    September 16, 2024 —
    The Illinois Tollway will pay nearly $31.5 million to New York-based Judlau Contracting and its trade contractors to resolve a lawsuit filed after the tollway, in April, terminated a $324-million contract with Judlau to rebuild the southbound lanes of the Interstate 290 and Interstate 88 interchange near Oak Brook, Ill. Reprinted courtesy of Annemarie Mannion, Engineering News-Record Ms. Mannion may be contacted at manniona@enr.com Read the full story... Read the court decision
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    Reprinted courtesy of

    Corps Proposes $4.6B Plan to Steel Miami for Storm Surge

    June 22, 2020 —
    A $4.6-billion U.S. Army Corps of Engineers proposal to protect Miami from future storm surge, largely by building massive sea walls and elevating infrastructure systems, is the latest of such plans the agency has developed for East Coast communities. Pam Radtke Russell, Engineering News-Record Ms. Russell may be contacted at Russellp@bnpmedia.com Read the full story... Read the court decision
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    Reprinted courtesy of

    Woman Files Suit for Property Damages

    January 15, 2014 —
    Debra Lovejoy filed suit on December 5th 2013 in Virginias Kanawha Circuit Court claiming that her home sustained damaged after a highway was built near her property, according to The West Virginia Record. The West Virginia Water Company, Carpenter Reclamation Inc., and the West Virginia Department of Transportation-Division of Highways were named in the suit. “Lovejoy claims Carpenter disturbed the contours of the surface, thereby weakening the support for the bank extending along the highway,” reports Kyla Asbury of The West Virginia Record. Asbury continues: “As a result, the bank has slipped significantly over time, according to the suit.” Lovejoy claims the bank needs to be repaired in order to prevent it from further slips, and is pursuing compensation. Read the court decision
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    Reprinted courtesy of

    Manhattan Home Prices Jump to a Record as Buyers Compete

    April 02, 2014 —
    Manhattan apartment sales surged in the busiest start to a year since 2007, setting price records as buyers vied for a limited supply of homes for sale and deals were completed at new high-end developments. Sales of co-ops and condominiums in the first quarter jumped 35 percent from a year earlier to 3,307, according to a report today from appraiser Miller Samuel Inc. and brokerage Douglas Elliman Real Estate. The median price climbed 19 percent to $972,428, while the the average price per square foot rose 24 percent to $1,363, the highest in 25 years of record-keeping. Price gains are accelerating in a market where the inventory of homes for sale plummeted to record lows three times in the past year as buyer demand increased. Of the deals completed in the first quarter, 38 percent were at or above the asking price, up from 17 percent a year earlier, according to Jonathan Miller, president of New York-based Miller Samuel. Read the court decision
    Read the full story...
    Reprinted courtesy of Oshrat Carmiel, Bloomberg
    Ms. Carmiel may be contacted at ocarmiel1@bloomberg.net