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    Home Builders & Remo Assn of Fairfield Co
    Local # 0780
    433 Meadow St
    Fairfield, CT 06824

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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 # 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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    Real Estate & Construction News Round-Up (10/27/21)

    Proposed Law Protecting Tenants Amended: AB 828 Updated

    Illinois Appellate Court Addresses Professional Services Exclusion in Homeowners Policy

    Bay Area Counties Issue Less Restrictive “Shelter in Place” Orders, Including for Construction

    "Decay" Found Ambiguous in Collapse Case

    New York Court Permits Asbestos Claimants to Proceed Against Insurers with Buyout Agreements

    Ten Years After Colorado’s Adverse Possession Amendment: a brief look backwards and forwards

    Construction Attorneys Get an AI Assist in Document Crunch

    Policy Renewals: Has Your Insurer Been Naughty or Nice?

    Behavioral Science Meets Construction: Insights from Whistle Rewards

    Ensuing Loss Provision Found Ambiguous

    Future Army Corps Rulings on Streams and Wetlands: Changes and Delays Ahead

    Construction Law Client Alert: California Is One Step Closer to Prohibiting Type I Indemnity Agreements In Private Commercial Projects

    Connecticut Gets Medieval All Over Construction Defects

    Wilke Fleury Secures Bid Protest Denial

    Newmeyer Dillion Announces New Partners

    These Are the 13 Cities Where Millennials Can't Afford a Home

    Sustainability Puts Down Roots in Real Estate

    Fifth Circuit Certifies Eight-Corners Duty to Defend Issue to Texas Supreme Court

    SE 2050 Is In Quixotic Pursuit of Eliminating Embodied Carbon in Building Structures

    U.S. State Adoption of the National Electrical Code

    A UK Bridge That Is a Lesson on How to Build Infrastructure

    South Carolina Supreme Court Finds that Consequential Damage Arise From "Occurrence"

    Construction Bidding for Success

    The Quiet War Between California’s Charter Cities and the State’s Prevailing Wage Law

    Quick Note: Be Careful with Pay if Paid Clauses (Both Subcontractors and General Contractors)

    The Future for Tall Buildings Could Be Greener

    Houston Bond Issue Jump-Starts 237 Flood Control Projects

    Court of Appeals Finds Arbitration Provision Incorporated by Reference Unenforceable

    Virginia General Assembly Tweaks Pay-if-Paid Ban

    Client Alert: Absence of a Court Reporter at a Civil Motion Hearing May Preclude Appellate Review

    High Attendance Predicted for West Coast Casualty Seminar

    Boston’s Tunnel Project Plagued by Water

    Senate Committee Approves Military Construction Funds

    Williams v. Athletic Field: Hugely Important Lien Case Argued Before Supreme Court

    Improperly Installed Flanges Are Impaired Property

    New York Office Secures Appellate Win in Labor Law 240(1) Fall in Basement Accident Case

    Montana Theater Threatened by Closure due to Building Safety

    Housing Agency Claims It Is Not a Party in Construction Defect Case

    Ex-Corps Worker Pleads Guilty to Bribery on Afghan Contract

    Illinois Court Determines Duty to Defend Construction Defect Claims

    Nevada State Senator Says HOA Scandal Shows Need for Construction Defect Reform

    Mortgage Whistleblower Stands Alone as U.S. Won’t Join Lawsuit

    Small to Midsize Builders Making Profit on Overlooked Lots

    OSHA Issues Fines for Fatal Building Collapse in Philadelphia

    Defenses Raised Three-Years Too Late Estop Insurer’s Coverage Denial

    Design Professional Liens: A Blueprint

    #6 CDJ Topic: Construction Defect Legislative Developments

    Wisconsin Supreme Court Abandons "Integrated Systems Analysis" for Determining Property Damage

    Bad Faith and a Partial Summary Judgment in Seattle Construction Defect Case
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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.

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    Fairfield, Connecticut

    Design-Assist Collaboration/Follow-up Post

    March 16, 2020 —
    Shortly after posting the blog article “Design-Assist an Ambiguous Term Causing Conflict in the Construction Industry,” I received an email from Brian Perlberg, the Executive Director and Senior Counsel for ConsensusDocs. He brought two ConsensusDocs forms to my attention: ConsensusDocs 541 Design Assist Addendum and ConsensusDocs 300 Integrated Form of Agreement (IFOA). In the ConsensusDocs model of “design-assist,” the lead design professional retains design responsibility but benefits from input and consultation from the construction team during design development. By contrast, in the design-build project delivery method, the constructor assumes design responsibility and liability for either the entire project design (design-build) or just a component of the design (delegated design). The ConsensusDocs 541 document goal is to provide “accurate information concerning program, quality, cost, constructability and schedule from all parties.” It provides a range of standard and optimal services during design development that essentially shifts the curve of selecting the construction manager (CM) and most importantly, special trade contractors, to much earlier in the process, perhaps as soon as the owner’s program is developed. This opens a world of possibilities for the design and construction team to collaborate early and often. The design professional, however, does not abdicate its design responsibility or authority in this process. The ultimate goal is to end the all-too-common wasteful cycle of design and redesign that is common in construction projects.[1] Read the court decision
    Read the full story...
    Reprinted courtesy of John P. Ahlers, Ahlers Cressman & Sleight PLLC
    Mr. Ahlers may be contacted at john.ahlers@acslawyers.com

    Rio Olympics Work Was a Mess and Then Something Curious Happened

    April 06, 2016 —
    In early 2014, a senior Olympic Committee official returned from a trip to Rio de Janeiro and declared Brazil’s preparations for the Summer Games to be the worst he’d ever seen. In the two years since, a crippling recession set in, dozens of construction executives were ensnared in a nationwide corruption scandal and the president has been pushed to the brink of impeachment. And the preparations? They’re basically fine now, actually. In what is emerging as a rare bright spot in a country buffeted by crisis on all sides, the organizing committee is saying that more than 95 percent of the venues are complete some four months ahead of the opening ceremony and, what’s more, data shows spending has largely remained under control. Reprinted courtesy of Bloomberg reporters Jonathan Levin, Tariq Pania and David Biller Read the court decision
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    Reprinted courtesy of

    Chambers USA 2022 Ranks White and Williams as a Leading Law Firm

    July 18, 2022 —
    White and Williams is once again recognized by Chambers USA as a leading law firm in Pennsylvania for achievements and client service in the areas of insurance law and real estate finance law. The firm has also been recognized for achievements and client service in banking and finance law in Philadelphia and the surrounding area. In addition, seven lawyers received individual honors: two for their work in insurance, two for their work in real estate finance, another for his work in real estate, one for her work in bankruptcy and restructuring and one for his work in commercial litigation. White and Williams is acknowledged for our renowned practice offering expert representation to insurers and reinsurers across an impressive range of areas including coverage, bad faith litigation and excess liability. The firm is recognized for notable strength in transactional and regulatory matters, complemented by the team's adroit handling of complex alternative dispute resolution proceedings. Chambers USA also acknowledged the firm's broad trial capabilities include handling data privacy, professional liability and toxic tort coverage claims. White and Williams’ lawyers have further expertise in substantial claims arising from bodily injury and wrongful death suits. Read the court decision
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    Reprinted courtesy of White and Williams LLP

    Construction of World's Tallest Building to Resume With New $1.9B Contract for Jeddah Tower

    October 28, 2024 —
    Construction of the Jeddah Tower in Jeddah, Saudi Arabia—which is planned to be the world’s tallest building—is set to resume with original contractor Saudi Binladin Group Co. after a years-long pause, owner Jeddah Economic Co.'s parent company, Kingdom Holding Co., announced Oct. 2. Reprinted courtesy of James Leggate, Engineering News-Record Mr. Leggate may be contacted at leggatej@enr.com Read the full story... Read the court decision
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    Reprinted courtesy of

    U.S. Home Prices Rose More Than Estimated in February

    May 07, 2015 —
    U.S. house prices rose more than economists estimated in February as the strongest labor market in seven years gives Americans the confidence to bid on property. Prices climbed 0.7 percent on a seasonally adjusted basis from January, the Federal Housing Finance Agency said in a report Wednesday. The average economist estimate was for a 0.5 percent increase, according to data compiled by Bloomberg. Housing demand is climbing as consumer confidence hovers close to an eight-year high. Sales of existing homes rose in March by the most in four years, the National Association of Realtors reported today. The number of U.S. households jumped by almost 2 million in 2014, according to data compiled by Bloomberg. Read the court decision
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    Reprinted courtesy of Kathleen M. Howley, Bloomberg
    Ms. Howley may be contacted at kmhowley@bloomberg.net

    Narrow Promissory Estoppel Exception to Create Insurance Coverage

    August 07, 2022 —
    There is an affirmative claim known as promissory estoppel. (Whereas equitable estoppel is used an affirmative defense, promissory estoppel is used as an affirmative claim.) To prove promissory estoppel, a plaintiff must plead and prove the following three elements: “(1) a representation as to a material fact that is contrary to a later-asserted position; (2) a reasonable reliance on that representation; and (3) a change in position detrimental to the party claiming estoppel caused by the representation and reliance thereon.” Romo v. Amedex Ins. Co., 930 So.2d 643, 650 (Fla. 3d DCA 2006) (citation and quotation omitted). Stated differently: “A party will be estopped from denying liability under the principle of promissory estoppel when the party makes ‘[a] promise which the promisor should reasonably expect to induce action or forbearance of a definite and substantial character on the part of the promisee and which does induce such action or forbearance…[and] injustice can be avoided only by enforcement of the promise.’” Criterion Leasing Group v. Gulf Coast Plastering & Drywall, 582 So.2d 799, 800 (Fla. 1st DCA 1991). Read the court decision
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    Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
    Mr. Adelstein may be contacted at dma@kirwinnorris.com

    New Survey Reveals Present-Day Risks of Asbestos Exposure in America - 38% in High-Risk Jobs, 47% Vulnerable through Second-Hand Exposure

    April 08, 2024 —
    AUSTIN, April 04, 2024 (GLOBE NEWSWIRE) -- A recent nationwide survey conducted on the risks of asbestos in America revealed that 38% of respondents have worked in high-risk industries where asbestos was present, while 47% have experienced indirect exposure through family members employed in these high-risk environments. The survey results reflect the fact that, despite the EPA's recent ban on ongoing uses of chrysotile asbestos, the threat of exposure still looms large in the US, underscoring the urgent need for continued vigilance and action to safeguard public health. Compounding the concern is the revelation that only 8% of Americans undergo regular testing. These findings, released today, underscore the urgent necessity for Asbestos Cancer Risk Awareness and routine testing. They emphasize the crucial importance of proactive measures to mitigate the pervasive risks associated with asbestos exposure in the United States. The study was conducted by Researchscape on behalf of The Law Offices of Justinian C. Lane, Esq. - PLLC, a leading firm advocating for testing and compensation for individuals exposed to asbestos on the job and their families who are at risk due to second-hand exposure. According to the survey, 86% of respondents have never undergone any testing for asbestos exposure, while a mere 8% are tested regularly. The lack of testing is particularly concerning among the Gen X demographic who could be at risk due to secondhand exposure from a family member who worked with asbestos when it was still prevalent, with 92% reporting no testing, highlighting the potential risks associated with secondhand exposure. Read the court decision
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    Reprinted courtesy of

    California to Require Disclosure of Construction Defect Claims

    October 30, 2013 —
    California Governor Jerry Brown has signed Senate Bill 625. Starting in July 2014, anyone who sells a home will have to disclose all claims made of construction defects and the status of these claims. Read the court decision
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    Reprinted courtesy of