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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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    Local # 0755
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    Rocky Hill, CT 06067

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    Local # 0710
    110 Brook St
    Torrington, CT 06790

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    3 Regency Dr Ste 204
    Bloomfield, CT 06002

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    Building Expert News and Information
    For Fairfield Connecticut


    CA Supreme Court Permits Insurers to Bring Direct Actions Seeking Reimbursement of Excessive Fees Against Cumis Counsel Under Limited Circumstances

    The Impact of the Russia-Ukraine Conflict on the Insurance Industry, Part One: Coverage, Exposure, and Losses

    Can a Receiver Prime and Strip Liens Against Real Property?

    Ohio: Are Construction Defects Covered in Insurance Policies?

    Specification Challenge; Excusable Delay; Type I Differing Site Condition; Superior Knowledge

    Cal/OSHA’s Toolbox Has Significantly Expanded: A Look At Senate Bill 606

    Four Companies Sued in Pool Electrocution Case

    Finalists in San Diego’s Moving Parklet Design Competition Announced

    Courthouse Reporter Series: Nebraska Court of Appeals Vacates Arbitration Award for Misconduct

    Don’t Forget to Mediate the Small Stuff

    Payment Bond Surety Entitled to Award of Attorneys’ Fees Although Defended by Principal

    Construction Litigation Roundup: “Just Hanging Around”

    California Supreme Court McMillin Ruling

    PSA: Virginia Repeals Its Permanent COVID-19 Safety Standard

    Excess Insurer On The Hook For Cleanup Costs At Seven Industrial Sites

    Colorado’s Three-Bill Approach to Alleged Construction Defect Issues

    $1.9 Trillion Stimulus: Five Things Employers Need to Know

    The Impact of the IIJA and Amended Buy American Act on the Construction Industry

    Colorado Court Holds No Coverage for Breach of Contract Claim

    New York State Trial Court: Non-Cumulation Provision in Excess Policies Mandates “All Sums” Allocation

    Brazil World Cup Soccer Crisis Deepens With Eighth Worker Death

    Courts Will Not Second-Guess Public Entities When it Comes to Design Immunity

    Failing to Release A Mechanics Lien Can Destroy Your Construction Business

    When Must a New York Insurer Turn Over a Copy of the Policy?

    Mitsui Fudosan Said to Consider Rebuilding Tilted Apartments

    Is Everybody Single? More Than Half the U.S. Now, Up From 37% in '76

    Private Mediations Do Not Toll The Five-Year Prosecution Statute

    Illinois Court Determines Duty to Defend Construction Defect Claims

    Being deposed—not just for dictators! Depositions in the construction lawsuit (Law & Order: Hard Hat files Part 5)

    Zinc in London Climbs for Second Day Before U.S. Housing Data

    Ninth Circuit Finds Policy’s Definition of “Policy Period” Fatal to Insurer’s “Related Claims” Argument

    Haight’s John Arbucci and Kristian Moriarty Selected for Super Lawyers’ 2020 Southern California Rising Stars

    First Trump Agenda Nuggets Hit Construction

    City of Birmingham Countersues Contractor for Incomplete Work

    Certain Private Projects Now Fall Under Prevailing Wage Laws. Is Yours One of Them?

    “Positive Limiting Barriers” Are An Open and Obvious Condition, Relieving Owner of Duty to Warn

    Condemnation Actions: How Valuable Is Your Evidence of Property Value?

    Government Claims Act Does Not Apply to Actions Solely Seeking Declaratory Relief and Not Monetary Relief

    Court of Appeals Discusses the Difference Between “Claims-Made” and “Occurrence-Based” Insurance Policies

    Lenders Facing Soaring Costs Shutting Out U.S. Homebuyers

    Eighth Circuit Affirms Judgment for Bad Faith after Insured's Home Destroyed by Fire

    Hunton Insurance Lawyer, Adriana Perez, Selected to the National Association of Women Lawyers’ 2023 Rising List

    Insurers Can Sue One Another for Defense Costs on Equitable Indemnity and Equitable Contribution Basis

    Flow-Down Clauses Can Drown Your Project

    A Look at Business and Professions Code Section 7031

    New York Appellate Court Holds Insurer’s Failure to Defend Does Not Constitute a “Reasonable Excuse” Required to Overturn Judgment

    How New York City Plans to Soak Up the Rain

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    The EPA’s Renovation, Repair, and Painting Rule: Are Contractors Aware of It?

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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

    County Elects Not to Sue Over Construction Defect Claims

    June 18, 2014 —
    Even though repairs are expected to cost four million, the New Hanover County Board of Commissioners announced that they will not be pursuing litigation against Clancy and Theys Construction Company for their alleged construction defects of their work on the W. Allen Cobb Judicial Annex in North Carolina, according to Star News Online. “The board stated that taxpayer money would be better spent on the repairs than on a lengthy court case,” reported Star News Online. “But as a result of the faulty work, the board removed the company from its list of prequalified bidders and stated that it would not be eligible to work on other county construction projects.” Read the court decision
    Read the full story...
    Reprinted courtesy of

    Which Cities have the Most Affordable Homes?

    October 08, 2014 —
    Builder analyzed U.S. cities with populations of half a million or more and then filtered further with cities that have a “median new home closing price under $250,000, a first mortgage rate below 4 percent for new homes, and a median new home price per square foot below $125.” Topping the list was El Paso, Texas with the lowest median price ($168,600). Fifth on the list was San Antonio-New Braunfels, Texas with a median price of $230,400. Read the court decision
    Read the full story...
    Reprinted courtesy of

    Late Notice Kills Insured's Claim for Damage Due to Hurricane

    December 27, 2021 —
    The insurer's motion for summary judgment was granted based upon the insured's late notice nearly two years after a hurricane caused property damage. Ramirez v. Scottsdale Ins. Co., 2021 U.S. Dist. LEXIS 209716 (S.D. Fla. Oct. 29, 2021). Plaintiff alleged he suffered property loss due to wind and water damage from Hurricane Irma on September 10, 2017. The roof, exterior, and interior of the home were damaged. On May 20, 2019, twenty months after the hurricane, plaintiff first notified Scottsdale of his claim for damages. An adjuster inspected and observed wind, wear and tear, and deterioration damage to the roof tile, as well as interior water damage to portions of the home. The claim was denied based upon wind, wear and tear, and deterioration exclusions in the policy. 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

    Excess Policy Triggered Once Retention Paid, Even if Loss Not Covered By Excess

    July 23, 2014 —
    The Fifth Circuit determined that the Umbrella policies took effect once the primary insurance was exhausted by claims not covered by the Umbrella policies. Indem. Ins. Co. of N. Am. v. W&T Offshore, 2014 U.S. App. LEXIS 11775 (5th Cir. June 23, 2014). W&T had primary and Umbrella/Excess coverage to protect its offshore oil rigs from hurricane damage. The primary policies covered property damage and third party claims. The Umbrella policies only covered third-party claims. All policies covered Removal of Debris (ROD). In September 2008, Hurricane Ike caused damage to 150 offshore platforms in which W&T had an interest. W&T submitted over $150 million in claims for property damage to the primary carriers. The primary policies had a $10 million self-insured retention (SIR). The primary policies covered $150 million in coverage over the $10 million SIR. Anticipating that W&T would submit all of its ROD claims, which were estimated to exceed $50 million, the Umbrella carriers filed suit for a declaratory judgment. 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

    Texas Shortens Its Statute of Repose To 6 Years, With Limitations

    October 02, 2023 —
    Effective June 9, 2023, Texas has shortened its statute of repose from the existing 10-year statute for builders of new homes to 6-years under specific conditions. The significantly shorter statute of repose bars suits against construction contractors of detached one-and two-family homes and townhomes, filed six years after the substantial completion of such homes, where the contractor also furnished a written warranty in compliance with the statute. Notably, projects including apartments, mixed-use, and hotels are not covered by the new law. It is also noted that a grey area in the law exists as to whether condominiums will be covered by the statute. The statute of repose strictly bars the filing of any action, claim or arbitration demand regardless of when the injury was actually discovered (latent defects) and is separate and distinct from any applicable statute of limitations. The New Texas Statute of Repose Law Under the Texas Civil Practice & Remedies Code § 16.009, persons who construct or repair improvements to real property cannot be sued for defective or unsafe conditions of the property or deficiencies in the construction or repair of the improvement later than 10 years after substantial completion of the improvement, except in certain narrow circumstances. This statute is known as the “statute of repose.” The statute applies not only to suits for construction defects, but also personal injury, wrongful death, contribution, and indemnity. Reprinted courtesy of Jason Daniel Feld, Kahana Feld and Roni Most, Kahana Feld Mr. Feld may be contacted at jfeld@kahanafeld.com Mr. Most may be contacted at rmost@kahanafeld.com Read the court decision
    Read the full story...
    Reprinted courtesy of

    San Francisco OKs Revamped Settling Millennium Tower Fix

    August 29, 2022 —
    After more than six months of scrutiny, San Francisco’s Department of Building Inspection has issued a revised building permit for the revamped perimeter pile upgrade of the settling 645-ft-tall Millennium Tower, thanks to a determination from the planning department that the revised scheme would not have any negative environmental impacts. The upgrade now consists of 18 piles to bedrock, already installed, rather than 52. Reprinted courtesy of Nadine M. Post, Engineering News-Record Ms. Post may be contacted at postn@enr.com Read the full story... Read the court decision
    Read the full story...
    Reprinted courtesy of

    Be Careful With Construction Fraud Allegations

    April 06, 2016 —
    Here at Construction Law Musings we have discussed the intersection of contracts, construction and fraud on several occasions. We’ve even discussed how such fraud can bleed over from the civil to the criminal. Recently, the Virginia Supreme Court weighed in again on the question of construction fraud and criminal allegations. In O’Connor v. Tice, the Court discussed a malicious prosecution action brought by a contractor against owners of a commercial building. In O’Connor, the owners and the contractor got into a disagreement over alleged damage to the roof of the owners’ building and who was responsible. In response to this disagreement, the owners contacted the local sheriff’s office, accusing the contractor of construction fraud, and then wrote a “15 day letter” to the contractor outlining the criminal consequences should he fail to pay the damages sought in the owners civil lawsuit. Subsequently, a criminal warrant was issued against the contractor based solely upon the word of the owners. This last occurred at the insistence of the owners (who did not inform the sheriff’s deputy or the Commonwealth Attorney that they’d had this conversation or that the contractor had partially performed) after they discussed the matter with the contractor’s attorney and were informed that any claim that they may have had was civil in nature. Read the court decision
    Read the full story...
    Reprinted courtesy of Christopher G. Hill, Construction Law Musings
    Mr. Hill may be contacted at chrisghill@constructionlawva.com

    The Anatomy of a Construction Dispute Stage 3- The Last Straw

    January 28, 2015 —
    Over the past two weeks here at Construction Law Musings, I’ve discussed the first two stages of a typical construction dispute (if such a thing exists): the claim, and how to bring heat short of litigation/arbitration. As promised, this week I’ll be discussing the next step or “last straw” in a construction dispute, namely, arbitration or litigation to enforce all of those rights that you preserved in the first two stages. Construction litigation is expensive, time consuming, and, quite frankly, a pain in the neck. Because of this fact, I almost always recommend that my construction clients exhaust all of the non-litigation methods (including mediation of course) of resolving their disputes prior to “going nuclear” and filing suit. Unfortunately, even the most diligent attempts at less formal resolution means can be unfruitful and more formal means become necessary. Read the court decision
    Read the full story...
    Reprinted courtesy of Christopher G. Hill, Law Office of Christopher G. Hill, PC
    Mr. Hill may be contacted at chrisghill@constructionlawva.com