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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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    Home Builders Association of Hartford Cty Inc
    Local # 0755
    2189 Silas Deane Hwy
    Rocky Hill, CT 06067

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    Home Builders Association of NW Connecticut
    Local # 0710
    110 Brook St
    Torrington, CT 06790

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    Local # 0700
    3 Regency Dr Ste 204
    Bloomfield, CT 06002

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    Building Expert News and Information
    For Fairfield Connecticut


    Coverage, Bad Faith Upheld In Construction Defect Case

    Two New Developments in Sanatoga, Pennsylvania

    Firm Claims Construction Defects in Hawaiian Homes

    Boots on the Ground- A Great Way to Learn and Help Construction Clients

    Disputes Over Arbitrator Qualifications: The Northern District of California Offers Some Guidance

    Mississippi Supreme Court Addresses Earth Movement Exclusion

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

    Denver Officials Clamor for State Construction Defect Law

    Contract Change #1- Insurance in the A201 (law note)

    Turkey Digs Out From a Catastrophe

    Real Estate & Construction News Roundup (1/10/24) – New Type of Nuclear Reactor, Big Money Surrounding Sports Stadiums, and Positivity from Fannie Mae’s Monthly Consumer Survey

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

    Avoid Five Common Fraudulent Schemes Used in Construction

    South Carolina’s New Insurance Data Security Act: Pebbles Before a Landslide?

    Is it the Dawning of the Age of Strict Products Liability for Contractors in California?

    PATH Station Designed by Architect Known for Beautiful Structures, Defects, and Cost Overruns

    Remand of Bad Faith Claim Evidences Split Among Florida District Courts

    Oregon Duty to Defend Triggered by Potential Timing of Damage

    Be Careful in Contracting and Business

    9 Basic Strategies for Pursuing Coverage for Construction Accident Claims

    Liebherr Claims Crane Not Cause of Brazil Stadium Construction Accident

    Halliburton to Pay $1.1 Billion to Settle Spill Lawsuits

    Brown and Caldwell Appoints Stigers as Design Chief Engineer

    Maine Case Demonstrates High Risk for Buying Home “As Is”

    Fifth Circuit Reverses Summary Judgment Award to Insurer on Hurricane Damage Claim

    Federal Court of Appeals Signals an End to Project Labor Agreement Requirements Linked to Development Tax Credits

    Supreme Court Declines to Address CDC Eviction Moratorium

    Data Is Critical for the Future of Construction

    Even Fraud in the Inducement is Tough in Construction

    Parking Reform Takes Off on the West Coast

    Be Careful with Continuous Breach and Statute of Limitations

    Daniel Ferhat Receives Two Awards for Service to the Legal Community

    3 Common Cash Flow Issues That Plague The Construction Industry

    How to Survive the Insurance Claim Process Before It Starts –Five Tips to Keep Your Insurance Healthy

    Retrofitting Buildings Is the Unsexy Climate Fix the World Needs

    Florida Governor Bans Foreign Citizens From Buying Land in Florida

    North Carolina Learns More Lessons From Latest Storm

    Housing Inflation Begins to Rise

    Developer Pre-Conditions in CC&Rs Limiting Ability of HOA to Make Construction Defect Claims, Found Unenforceable

    A Court-Side Seat: Guam’s CERCLA Claim Allowed, a “Roundup” Verdict Upheld, and Judicial Process Privilege Lost

    New Jersey Courts Sign "Death Knell" for 1979 Weedo Decision

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

    Meet Daniel Hall, Assistant Professor at TU Delft

    Orion Group Holdings Honored with Leadership in Safety Award

    Business Risk Exclusion Dooms Coverage for Construction Defect Claim

    Insurers Subrogating in Arkansas Must Expend Energy to Prove That Their Insureds Have Been Made Whole

    Best Practices for ESI Collection in Construction Litigation

    OSHA ETS Heads to Sixth Circuit

    Earth Movement Exclusion Precludes Coverage

    Diggerland, UK’s Construction Equipment Theme Park, is coming to the U.S.
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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. 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

    Inside New York’s Newest Architectural Masterpiece for the Mega-Rich

    May 20, 2015 —
    The newest condominium tower in midtown Manhattan's billionaires district is ready to open its doors to buyers. It took almost a decade to get there. The skyscraper at 53 W. 53rd St., designed by French architect Jean Nouvel and rising next to the Museum of Modern Art, will start marketing its 139 apartments next week, with prices starting at $3 million. Planned since 2006, the project endured the real estate bust and a global financial crisis that decimated demand for luxury homes. Now it's emerging when buyers can't seem to get enough of them. "We're very eager to begin,'' said David Penick, the New York-based managing director for developer Hines, which is building the project with Goldman Sachs Group and Singapore-based Pontiac Land Group. "We're confident in what we have to sell in the market we're in, and we'll see how it goes.'' Read the court decision
    Read the full story...
    Reprinted courtesy of Oshrat Carmiel, Bloomberg

    Atlanta Office Wins Defense Verdict For Property Manager On Claims By Vendor, Cross-Claims By Property Owner

    January 08, 2024 —
    Atlanta, Ga. (December 18, 2023) – Atlanta Partner Adi Allushi and Associate Cecilia Walker recently secured a defense verdict for a national property management corporation on claims brought by a vendor and cross-claims lodged by the property owner. Lewis Brisbois’ client is a national corporation, over a century old, that managed over 140 properties with 40,000 units. In 2019, the client entered the Georgia market managing three apartment complexes owned by a hedge fund in New York. The owner terminated without cause the client within six months, and several vendors – including the plaintiff, who was a remedial services provider – were not paid during the last few months and the transition period. The plaintiff sued the owner for the unpaid services, as well as an incorrect entity it believed to be the client. The owner cross-claimed against the client for fraudulent misrepresentations. Based on the misnomer statute, the court granted default judgment against the client. Read the court decision
    Read the full story...
    Reprinted courtesy of Lewis Brisbois

    Be Careful with Continuous Breach and Statute of Limitations

    January 21, 2019 —
    If you are a construction attorney like me (or anyone that takes cases to court), you deal with statutes of limitation on a daily basis. These statutes seem pretty simple. A party has “X” amount of time in which to file its lawsuit after accural of the cause of action. In a breach of contract suit, the accrual is the date of breach. Easy, right? Wrong, at least in some circumstances. Take for example, the case of Fluor Fed. Sols., LLC v. PAE Applied Techs., LLC out of the 4th Circuit Court of Appeals. In this unpublished opinion the Court looked at “continuous breach” versus “series of separate breaches.” The basic facts are that in 2000 Flour entered into a contract with PAE whereby PAE requested and claims to have received consent from Flour to a 2.3% administrative cost cap on Flour’s work on an Air Force contract. Flour claimed that it did not agree to this cap. In 2002, Flour begain billing PAE for its costs plus the 2.3% administrative markup and billed in this fashion for the first full year. However, in subsequent years and for the next 11 years, Flour billed PAE at a higher markup rate than the 2.3%. PAE disputed the increased markup and paid Flour at the 2.3% rate. Flour periodically protested but made no move to court until it filed suit in March of 2016. After a bench trial, the district court found that Flour had agreed to the cap and found for PAE. 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

    Construction Insurance Costs for New York Schools is Going Up

    December 11, 2013 —
    The cost of construction insurance for New York City’s School Construction Authority is about to go up and the city’s scaffold law is to blame. As the cost of possible injuries has gone up, so has the cost of covering the insurance. The SCA’s current policy ends at the end of the year, and it’s expected that its insurance costs will triple, with the next two years costing about $650 million. The rising cost of insurance was compared by authority officials to the cost of 10 new schools. Read the court decision
    Read the full story...
    Reprinted courtesy of

    Merger to Create Massive Los Angeles Construction Firm

    July 16, 2014 —
    AECOM Technology Corp., a Los Angeles engineering and construction firm, has agreed to pay $4 billion to acquire URS Corp., their San Francisco competitor. According to the Sacramento Bee, “The combined company will employ about 95,000 people in 150 countries.” AECOM is currently building the World Trade Center in New York, and previous projects include the Los Angeles Police Department headquarters, and renovations to the Port of Los Angeles and the Bradley international terminal at the Los Angeles International Airport, the Sacramento Bee reported. Furthermore, “URS has worked on the Garden Grove (22) Freeway reconstruction, the UCLA Ronald Reagan Medical Center, the Port of Long Beach, the Gold Line Eastside Extension in Los Angeles and the Disneyland resort expansion.” Read the court decision
    Read the full story...
    Reprinted courtesy of

    California Supreme Court Addresses “Good Faith” Construction Disputes Under Prompt Payment Laws

    June 06, 2018 —
    It’s been a rollercoaster. But the ride appears to be over. In United Riggers & Erectors, Inc. v. Coast Iron & Steel Co., Case No. S231549 (May 14, 2018), the California Supreme Court addressed whether a direct contractor can withhold payment from a subcontractor based on the “good faith dispute” exception of the state’s prompt payment laws if the “dispute” concerns any dispute between the parties or whether the dispute must be directly relevant to the specific payment that would otherwise be due. California’s Prompt Payment Laws California has a number of construction-related prompt payment laws scattered throughout the state’s Civil Code, Public Contracts Code and Business and Professions Code. Their application depends on the type of construction involved, whether public or private; the type of payment involved, whether a progress payment or retention; and who is paying, whether it’s a private owner, public entity, direct contractor, or subcontractor. 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

    Meet Your Future Team Members: AI Agents

    December 10, 2024 —
    If you’ve been following the discussion around AI, you’re familiar with the concept of AI agents. AI agents can be understood as intelligent automation that operates independently, monitoring its environment and taking action without constant human input. Unlike traditional software requiring specific inputs to produce predictable outputs, AI agents can adapt to varying conditions and user needs. AI agents can be based on various technologies, including Large Language Models. They can also be constructed using other AI technologies, such as rule-based systems, machine learning algorithms, and specialized models tailored to specific tasks. 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

    Shoring of Ceiling Does Not Constitute Collapse Under Policy's Definition

    November 12, 2019 —
    Despite the need to shore up the ceiling, the building was not in a state of collapse under the language of the policy. Ravinia Vouge Cleaners v. Travelers Cas. Ins. Co. of Am., 2019 U.S. Dist. LEXIS 123594 (N.D. Ill. July 24, 2019). Ravinia Cleaners held a property policy issued by Travelers for the building from which it operated its dry-cleaning business. On February 2, 2015, there was heavy snowfall. On February 4, Ravinia reported to Travelers a leak coming from the ceiling. A temporary "shoring " was placed on the ceiling. Ravinia reported to Travelers that there was damage to the roof on February 25, 2015. Travelers hired an engineer who observed a buckling truss and roof displacing downward. The inspector recommended that the building be vacated and not occupied until adequate shoring was in place. Travelers denied coverage because the building was in a state of imminent collapse which was caused by the weight of ice and snow, and defective construction of the truss system. The policy excluded damage relating to a "collapse of a building." Collapse was defined by the policy as "an abrupt falling down or caving in of a building or any part of a building," such that the building could not be occupied for its intended purpose. There were exceptions to the exclusion, however, if the cause of the collapse was: (1) weight of snow; or (2) use of defective materials or methods in construction if the collapse occurred after construction. The policy also excluded damage from a building being in a state of imminent collapse unless the damage was caused by: (1) weight of snow; or (2) use of defective materials or methods in construction if the collapse occurred during construction. Read the court decision
    Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at te@hawaiilawyer.com