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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
    2189 Silas Deane Highway
    Rocky Hill, CT 06067

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    Local # 0755
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    Local # 0710
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    Torrington, CT 06790

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    Bloomfield, CT 06002

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    Building Expert News and Information
    For Fairfield Connecticut


    Court Calls Lease-Leaseback Project What it is: A Design-Bid-Build Project

    Will Colorado Pass a Construction Defect Reform Bill in 2016?

    Facing Manslaughter Charges In Worker's 2021 Trench Collapse Death, Colorado Contractor Who Willfully Ignored Federal Law Surrenders To Police

    The Choice Is Yours – Or Is It? Anti-Choice-of-Laws Statutes Applicable to Construction Contracts

    Proposed California Legislation Would Eliminate Certain Obstacles to Coverage for Covid-19 Business Income Losses

    Engineering, Architecture, and Modern Technology – An Interview with Dr. Jakob Strømann-Andersen

    Remediation Work Caused by Installation of Defective Tiles Not Covered

    China Construction Bank Sued in US Over Reinsurance Fraud Losses

    Recent Amendments and Caselaw Affecting the Construction Industry in Texas

    No Coverage for Faulty Workmanship Causing Property Damage to Insured's Product Only

    Freddie Mac Eases Mortgage Rules to Limit Putbacks

    Appeal of an Attorney Disqualification Order Results in Partial Automatic Stay of Trial Court Proceedings

    What Buyers Want in a Green Home—and What They Don’t

    Vacation Rentals: Liability of the Owner for Injury Suffered by the Renter

    London Penthouse Will Offer Chance to Look Down at Royalty

    Client Alert: California’s Unfair Competition Law (B&P §17200) Preempted by Federal Workplace Safety Law

    Daniel Ferhat Receives Two Awards for Service to the Legal Community

    LaGuardia Airport Is a Mess. An Engineer-Turned-Fund Manager Has a Fix

    Read Before You Sign: Claim Waivers in Project Documents

    New York Federal Court Enforces Construction Exclusion, Rejects Reimbursement Claim

    Multisensory Marvel: Exploring the Innovative MSG Sphere

    Safety, Compliance and Productivity on the Jobsite

    Bidder Be Thoughtful: The Impacts of Disclaimers in Pre-Bid Reports

    National Engineering and Public Works Roadshow Highlights Low Battery Seawall Restoration Project in Charleston

    NAHB Reports on U.S. Jobs Created from Home Building

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    David M. McLain to Speak at the CLM Claims College - School of Construction - Scholarships Available

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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

    Toward Increased Citizen Engagement in Urban Planning

    November 14, 2018 —
    Digitalization creates new opportunities for citizen engagement in urban planning. I gave a short presentation on the topic at the Digitalization in Urban Planning event in Helsinki. The event was organized by CHAOS Architects, a tech company. Its AI cloud platform allows citizens to share ideas about their city and co-create it with their community. The platform contains engagement-driven applications and third-party APIs that process business intelligence for better interaction and decision-making. Read the court decision
    Read the full story...
    Reprinted courtesy of Aarni Heiskanen, AEC Business
    Mr. Heiskanen may be contacted at aec-business@aepartners.fi

    Tender the Defense of a Lawsuit to your Liability Carrier

    January 19, 2017 —
    Sometimes you come across a head scratcher. This would be a decision that does not seem to make a whole lot of sense. For instance, if you are sued and you maintain liability insurance that would potentially provide you a defense and indemnification, not notifying your insurance carrier is a head scratcher. You pay substantial dollars towards the premium of that policy. So, not then notifying your carrier about a lawsuit is a head scratcher, and I mean a head scratcher!! If you are sued, not only should the carrier be notified, but the defense of that lawsuit should be tendered to your liability carrier. Read the court decision
    Read the full story...
    Reprinted courtesy of David Adelstein, Florida Construction Legal Updates
    Mr. Adelstein may be contacted at dadelstein@gmail.com

    Burden Supporting Termination for Default

    January 11, 2021 —
    Terminating a contractor for default is a “‘drastic sanction’ and ‘should be imposed (or sustained) only for good grounds and on solid evidence.’” Cherokee General Corp. v. U.S., 150 Fed.Cl. 270, 278 (Fed.Cl. 2020) (citation omitted). This is true with any termination for default because terminating a contract for default is the harshest recourse that can be taken under a contract. It is a caused-based termination. For this reason, the party terminating a contract for default needs to be in a position to carry its burden supporting the evidentiary basis in exercising the default-based (or caused-based) termination. Stated differently, the party terminating a contract for default needs to justify the reasonableness in terminating the contract for default. A party looking to terminate a contract for default should smartly work with counsel to best position its justification in exercising the termination for default. Likewise, a contractor terminated for default should immediately work with counsel to best position the unreasonableness or the lack of justification for the default-based termination. 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

    Need and Prejudice: An Eleventh-Hour Trial Continuance Where A Key Witness Is Unexpectedly Unavailable

    July 10, 2018 —
    In Padda v. Superior Court (GI Excellence), No. E070522, the Court of Appeal, Fourth Appellate District, Division Two, recently held that a trial court abused its discretion in denying Defendants/Cross-Complainants’ request for a trial continuance where their key expert witness suddenly became ill twelve days before trial and before his deposition had been taken. Reprinted courtesy of Angela S. Haskins, Haight Brown & Bonesteel LLP and Allegra Perez, Haight Brown & Bonesteel LLP Ms. Haskins may be contacted at ahaskins@hbblaw.com Ms. Perez may be contacted at aperez@hbblaw.com Read the court decision
    Read the full story...
    Reprinted courtesy of

    Bond Principal Necessary on a Mechanic’s Lien Claim

    September 07, 2020 —
    As anyone that reads this construction law blog knows, mechanic’s liens are a big part of the Virginia landscape for a construction attorney like me. One option for dealing with a mechanic’s lien here in Virginia that we have not discussed but so often is the ability to “bond off” a lien. In short, the Virginia statute allows a party to essentially substitute a bond valued at a court set multiple of the principal amount of the mechanic’s lien for the memorandum. In exchange, the lien is released of record. Any enforcement action can still proceed with security for the claimant and the property owner feeling better about things because there will be no lien on the title to the land. In many ways this process provides an easier path to resolution for both owner and claimant. First of all, the claimant does not have to deal with a bank or other interest holders in the property (though a recent case discussed below reminds us that certain other parties are necessary). Second of all, the owner does not have the cloud on the title of a mechanic’s lien that may have been filed by a subcontractor over which he has no control. Read the court decision
    Read the full story...
    Reprinted courtesy of The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at chrisghill@constructionlawva.com

    New Safety Standards Issued by ASSE and ANSI

    March 28, 2012 —

    The American National Standards Institute (ANSI) and the American Society of Safety Engineers (ASSE) have recently announced their approval of two new safety standards to enhance construction site safety.

    The two new standards, which are set to take effect during June 2012, are the ANSI/ASSE A10.1-2011 Pre-Project and Pre-Task Safety and Health Planning for Construction and Demolition Operations, and the ANSI/ASSE A10.26-2011 Emergency Procedures for Construction and Demolition Sites.

    The new A10.1-2011 standard was designed to assist construction owners, contractors, and designers by ensuring that safety and health planning were standard parts of their pre-construction planning. It is also intended to help owners of construction sites to establish a process for evaluating constructor candidates with regard to their safety and health performance planning.

    The A10.26 standard applies to emergency situations, including fires, collapses, and hazardous spills. The standard deals with emergency rescue, evacuation, and transportation of injured workers, and also plans for coordinating with emergency medical facilities ahead of potential disasters.

    Read the full story…

    Reprinted courtesy of Melissa Dewey Brumback of Ragsdale Liggett PLLC. Ms. Brumback can be contacted at mbrumback@rl-law.com.

    Read the court decision
    Read the full story...
    Reprinted courtesy of

    Sweat the Small Stuff – Don’t Overlook These Three (3) Clauses When Negotiating Your Construction Contract

    April 08, 2024 —
    Reviewing and understanding the terms of your construction contract before signing on the dotted line (ideally with counsel involved) is an obvious best practice – whether you are owner, general contractor, design-professional or down-tier subcontractor or supplier. Typically, during this review process, parties pay closest attention to terms relating to price, scope, schedule, insurance, indemnification, and damages. And rightfully so, as these are just some of the most fundamental and important clauses of any construction contract. But during this review and understanding process, parties often overlook and fail to fully review and understand several notably important contract provisions (other than the examples above) which can have just as significant an impact on the project and even unintended consequences once construction starts. This article discusses three (3) of these often-overlooked provisions which should also be carefully reviewed to ensure the project runs smoothly and to avoid unintended consequences or even disputes (and litigation) during construction:
    1. Incorporation by reference clause;
    2. Order of precedence or higher standard clause; and
    3. Choice of law clause.
    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

    Amid the Chaos, Trump Signs Executive Order Streamlining Environmental Permitting and Disbands Infrastructure Council

    August 24, 2017 —
    We’ve been trying to stay focused here at the California Construction Law Blog. But it’s been hard. This past week, a couple of new developments took place at the federal level on infrastructure, although if you blinked, you may have missed it. Executive Order on Environmental Permitting This past Tuesday, at a press conference quickly overshadowed by the President’s comments about the tragic events that took place in Charlottesville, President Trump announced that he had signed a new executive order aimed at streamlining the environmental permitting process for federally-funded projects. 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