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    Local # 0780
    433 Meadow St
    Fairfield, CT 06824

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    Is New York Heading for a Construction Defect Boom?

    Application of Efficient Proximate Cause Doctrine Supports Coverage

    House Passes $25B Water Resources Development Bill

    Additional Insured Not Entitled to Coverage for Named Insured's Defective Work

    4 Lessons Contractors Can Learn From The COVID-19 Crisis

    2020s Most Read Construction Law Articles

    Manhattan Home Sales Rise at Slower Pace as Prices Jump

    Restaurant Wants SCOTUS to Dust Off Eleventh Circuit’s “Physical Loss” Ruling

    Environmental Suit Against Lockheed Martin Dismissed

    BHA at The Basic Course in Texas Construction Law

    Insureds' Summary Judgment Motion on Mold Limitation Denied

    Google’s Floating Mystery Boxes Solved?

    Manhattan Site for Supertall Condo Finds New Owner at Auction

    White and Williams Ranked in Top Tiers of "Best Law Firms"

    National Demand Increases for Apartments, Refuting Calls for Construction Defect Immunity in Colorado

    A Behind-the-Scenes Look at Substitution Hearings Under California’s Listing Law

    Here's How Much You Can Make by Renting Out Your Home

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    Termination of Construction Contracts

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    Short-Term Rental Legislation & Litigation On the Way!

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    Claim for Punitive Damages Based on Insurers' Alleged Bad Faith Business Practices Fails

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    Real Estate & Construction News Roundup (10/23/24) – Construction Backlog Rebounds, Real Estate Sustainability Grows, and Split Incentive Gap Remains Building Decarbonizing Barrier

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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. 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

    Housing Starts in U.S. Slumped More Than Forecast in March

    April 20, 2016 —
    New-home construction in the U.S. slumped more than projected in March, reflecting a broad-based retreat that showed the industry lost momentum heading into the busiest time of year. Residential starts decreased 8.8 percent to a 1.09 million annualized rate that was the lowest since October and weaker than any forecast of economists surveyed by Bloomberg, Commerce Department data showed Tuesday in Washington. Permits, a proxy for future construction, also dropped. Read the court decision
    Read the full story...
    Reprinted courtesy of Sho Chandra, Bloomberg

    Tiny Houses Big With U.S. Owners Seeking Economic Freedom

    July 16, 2014 —
    Doug Immel recently completed his custom-built dream home, sparing no expense on details like cherry-wood floors, cathedral ceilings and stained-glass windows -- in just 164 square feet of living space including a loft. The 57-year-old schoolteacher’s tiny house near Providence, Rhode Island, cost $28,000 -- a seventh of the median price of single-family residences in his state. “I wanted to have an edge against career vagaries,” said Immel, a former real estate appraiser. A dwelling with minimal financial burden “gives you a little attitude.” He invests the money he would have spent on a mortgage and related costs in a mutual fund, halving his retirement horizon to 10 years and maybe even as soon as three. “I am infinitely happier.” Dramatic downsizing is gaining interest among Americans, gauging by increased sales of plans and ready-made homes and growing audiences for websites related to the niche. A+E Networks Corp. will air, beginning today, “Tiny House Nation” a series on FYI that “celebrates the exploding movement.” Read the court decision
    Read the full story...
    Reprinted courtesy of Nina Glinski, Bloomberg
    Ms. Glinski may be contacted at nglinski@bloomberg.net

    City in Ohio Sues Over Alleged Roof Defects

    October 29, 2014 —
    The city of Worthington “is suing the architect and general contractor responsible for constructing the addition to the Worthington Community Center in 2002,” according to ThisWeek Community News. The city is demanding $1.3 million “to replace the roof on the fitness center and pool addition, which is 12 years old.” Moody-Nolan, the architect, and Apex/M&P, the general contractor, have been named as defendants in the case. According to the complaint (as reported by ThisWeek), “experts retained by the city found that the roof has failed ‘due to unknown latent design defects and construction defects that have resulted in property damage.” Read the court decision
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    Reprinted courtesy of

    Contract Should Have Clear and Definite Terms to Avoid a Patent Ambiguity

    December 11, 2023 —
    If you need more of a reason to have contracts with clear and definite terms, this case is it. This case exemplifies what can happen if the contract, not only does not have clear and definite terms, but contains a patent ambiguity. The contract will be deemed unenforceable which will make one of the contracting parties very unhappy! In Bowein v. Sherman, 48 Fla.L.Weekly D2208a (Fla. 6th DCA 2023), the buyer and seller entered into a real estate transaction. The transaction was for $2 Million. The purchase-and-sale agreement included the address and legal description of a parcel to be sold. However, there was a section in the agreement called “Other Terms and Conditions” which identified that the offer was actually for four properties that were being sold by the seller. When it came to closing time, the seller refused to close because the seller disputed that the $2 Million purchase price was for all four of his properties. The buyer sued the seller for specific performance to force the sale which the trial court agreed in favor of the buyer. However, the appellate court did not. First, the appellate court held that “[t]he equitable remedy of specific performance may be granted only where the parties have actually entered into a definite and certain agreement.” Bowein, supra (quotation and citation omitted). 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

    Implications for Industry as Supreme Court Curbs EPA's Authority

    August 15, 2022 —
    The U.S. Supreme Court has limited the ability of the U.S. Environmental Protection Agency to regulate power plant greenhouse gas emissions, and though the court’s opinion referred to a fairly narrow provision within the Clean Air Act, the ruling potentially places broad restrictions on the ability of federal agencies to enact regulations to address the climate crisis, according to several sources. Reprinted courtesy of Pam McFarland, Engineering News-Record and Jeff Yoders, Engineering News-Record Ms. McFarland may be contacted at mcfarlandp@enr.com Mr. Yoders may be contacted at yodersj@enr.com Read the full story... Read the court decision
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    Reprinted courtesy of

    No Additional Insured Coverage Under Umbrella Policy

    March 12, 2014 —
    The additional insured was not covered under a property policy for an injury occurring after work was completed. Lewark v. Davis Door Servs., 2014 Wash. App. LEXIS 341 (Wash. Ct. App. Feb. 10, 2014). Public Storage, Inc. hired Davis Door Service Inc. to perform work at its facilities. The master agreement required Davis Door to maintain a CGL policy that insured Public Storage "during the entire progress of the work." Davis Door secured a CGL policy with American Economy. It also took out an umbrella liability policy with American States. After Davis Door completed work on a door, Terrie Lewark injury her back opening the door. She sued Public Storage and Davis Door. Lewar and Public Storage settled. Public Storage assigned to Lewark its rights under the umbrella policy with American States. Lewark then sued Davis Door and American States. The trial court found that Public Storage was not an additional insured under the American States umbrella policy. 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

    4 Ways to Mitigate Construction Disputes

    March 20, 2023 —
    Resolving construction disputes in litigation (court or arbitration) can be expensive and may drag on for years. Most disputes could have been avoided, or at least mitigated, had the parties (both owners and contractors) identified contract risks during negotiations and been more proactive in communicating the risks during execution of the work. This article highlights four practical risk management approaches that help all parties focus on their mutual interest in close coordination and clear communication at the beginning of the project as well as throughout performance:
    • Identifying and allocating risks;
    • Accurate scheduling;
    • Clear project documentation and communication; and
    • Real-time dispute resolution.
    The intent of these techniques is not to shift legal obligations or risks. Rather, the intent is to keep project personnel and project management for all the participants focused on communicating and working together, including responsibly confronting real problems to avoid or mitigate their impact. Allocating risks, scheduling, project documentation and communication, and real-time dispute resolution are independently relevant on a bilateral basis between the owner, designer, and the various contractors. These approaches and their diligent execution by the parties during construction contribute far more to a successful project than anything lawyers and claims consultants can contribute in after-the-fact legal proceedings. Read the court decision
    Read the full story...
    Reprinted courtesy of Bill Shaughnessy, Jones Walker LLP (ConsensusDocs)
    Mr. Shaughnessy may be contacted at bshaughnessy@joneswalker.com

    How Many Homes have Energy-Efficient Appliances?

    October 08, 2014 —
    The National Association of Home Builders’ Eye on Housing analyzed data from the Census Bureau’s 2011 American Housing Survey to “reveal the share of owner-occupied homes that contain various Energy Star related appliances.” Eye on Housing reported that in “new homes, the leading shares of Energy Star rated appliances were refrigerators (70%), washing machines (69%), dishwashers (65%), and central air conditioning (52%).” In “owner-occupied homes,” the survey demonstrated that “refrigerators are the most common Energy Star appliance.” Read the court decision
    Read the full story...
    Reprinted courtesy of