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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
    2189 Silas Deane Hwy
    Rocky Hill, CT 06067

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    Local # 0710
    110 Brook St
    Torrington, CT 06790

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    Bloomfield, CT 06002

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    Building Expert News and Information
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    Another Guilty Plea in Las Vegas HOA Scandal

    Arizona Supreme Court Upholds Constitutionality of Provision Relating to Statutory Authority for Constructing and Operating Sports and Tourism Complexes

    Houses Can Still Make Cents: Illinois’ Implied Warranty of Habitability

    Court Affirms Duty to Defend Additional Insured Contractor

    Not a Waiver for All: Maryland Declines to Apply Subrogation Waiver to Subcontractors

    Wine without Cheese? (Why a construction contract needs an order of precedence clause)(Law Note)

    Lien Release Bonds – Remove Liens, But Not All Liability

    Hawaiian Electric Finalizes $2 Billion Maui Fire Settlement

    Newmeyer Dillion Named 2021 Best Law Firm in Multiple Practice Areas by U.S. News-Best Lawyers

    Court Strikes Down Reasonable Construction Defect Settlement

    Heat Exposure Safety and Risk Factors

    Be Careful with Continuous Breach and Statute of Limitations

    No Coverage for Alleged Misrepresentation Claim

    Where Breach of Contract and Tortious Interference Collide

    Performing Work with a Suspended CSLB License Costs Big: Subcontractor Faces $18,000,000 Disgorgement

    Insurance Policy Language Really Does Matter

    North Miami Beach Rejects as Incomplete 2nd Engineering Inspection Report From Evacuated Condo

    City of Aspen v. Burlingame Ranch II Condominium Owners Association: Clarifying the Application of the Colorado Governmental Immunity Act

    How Are You Dealing with Material Delays / Supply Chain Impacts?

    Tokyo Building Flaws May Open Pandora's Box for Asahi Kasei

    Does Your U.S. Company Pull Data From European Citizens? Fall In Line With GDPR by May 2018 or Suffer Substantial Fines

    'There Was No Fighting This Fire,' California Survivor Says

    Hilary Soaks California With Flooding Rain and Snarls Flights

    Equitable Subrogation Part Deux: Mechanic’s Lien vs. Later Bank Deed of Trust

    It’s Not What You Were Thinking!

    Federal District Court Finds Coverage Barred Because of Lack of Allegations of Damage During the Policy Period and Because of Late Notice

    Recent Statutory Changes Cap Retainage on Applicable Construction Projects

    EEOC Focuses on Eliminating Harassment, Recruitment and Hiring Barriers in the Construction Industry

    Margins May Shrink for Home Builders

    Notice and Claims Provisions In Contracts Matter…A Lot

    Time to Reform Construction Defect Law in Nevada

    Insured's Failure to Challenge Trial Court's Application of Exclusion Makes Appeal Futile

    Oregon Codifies Tall Wood Buildings

    Too Costly to Be Fair: Texas Appellate Court Finds the Arbitration Clause in a Residential Construction Contract Unenforceable

    With an Eye Already in the Sky, Crane Camera Goes Big Data

    Granting Stay, Federal Court Reviews Construction Defect Coverage in Hawaii

    Indictments Issued in Las Vegas HOA Scam

    Dot I’s and Cross T’s When It Comes to Construction Licensure Requirements

    MetLife Takes Majority Stake in New San Francisco Office Tower

    VOSH Jumps Into the Employee Misclassification Pool

    Specified Or Designated Operations Endorsement – Limitation of Insurance Coverage

    Times Square Alteration Opened Up a Can of Worms

    The California Legislature Return the Power Back to the People by Passing the California Consumer Privacy Act of 2018

    No Coverage Where Cracks in Basement Walls Do Not Amount to Sudden Collapse

    Be Careful When Requiring Fitness for Duty Examinations

    Claim for Collapse After Demolition of Building Fails

    The Coronavirus, Zoom Meetings and Now a CCPA Class Action

    Waive Not, Want Not: Waivers and Releases on California Construction Projects

    Real Estate & Construction News Round-Up 05/04/22

    KB Home Names New President of its D.C. Metro Division
    Corporate Profile

    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

    Couple Claims Contractor’s Work Is Defective and Incomplete

    December 04, 2013 —
    William and Prudence Dziatkowicz have sued Vince Bruno Construction, LLC over a house they contracted to have built in Weirton, West Virginia. According to the Dziatkowiczes, they contracted with Mr. Bruno and his self-named company to build a house, for which they would pay $248,250. The couple claims that Vince Bruno construction never completed work on the house, eventually abandoning the project. Further, they allege that the work done is defective, including improper installation of floor beams, and a failure to properly protect the project from weather. Additionally, the couple contends that the contractor failed to pay a lumber company, leading to a lawsuit against the Dziatkowiczes and a lien on their house. The Dziatkowiczes are suing Vince Bruno Construction for more than $355,000 in damages. Read the court decision
    Read the full story...
    Reprinted courtesy of

    Incorporation by Reference in Your Design Services Contract– What Does this Mean, and Are You at Risk? (Law Note)

    June 19, 2023 —
    Has an Owner ever asked you to sign his contract before you started work on a new design project? Rhetorical question– this happens all the time, right? Especially in commercial work, developers or owners typically are not happy to simply agree to your Proposal for Services, but instead want you to sign *their* contract. There are some risks with that you should be aware of — one of which is the seemingly arcane and legalistic language that reads something like this:
    “The Developer’s contract with Owner is hereby incorporated by reference.”
    Read the court decision
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    Reprinted courtesy of Melissa Dewey Brumback, Ragsdale Liggett
    Ms. Brumback may be contacted at mbrumback@rl-law.com

    Construction Litigation Roundup: “Indeed, You Just Design ‘Em”

    April 29, 2024 —
    Seeking to be extracted from personal injury litigation initiated by a laborer on a project in New Orleans, an architect sued for negligence filed a motion for summary judgment. The plaintiff had “testified in his deposition that after demolishing most of one of the side walls of the vault and a smaller section of the front wall, he was instructed to stand on top of the vault's concrete ceiling in order to demolish it with a hydraulic jackhammer.” One court noted that: “Shortly after beginning that task, the entire vault structure collapsed.” Claims against the architect included assertions of “failure to monitor and supervise the execution of the plans to ensure safety at the jobsite.” The architect urged in support of its MSJ that it did not owe a duty to oversee, supervise, or maintain the construction site, or have any responsibility for the plaintiff’s safety. Summary judgment was granted to the architect by the trial court, and an appeal ensued, whereupon the appellate court reversed. That intermediate court found that potential intervening knowledge of the architect of a potentially unsafe demolition practice created an issue of material fact. Read the court decision
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    Reprinted courtesy of Daniel Lund III, Phelps
    Mr. Lund may be contacted at daniel.lund@phelps.com

    Court Grants Partial Summary Judgment on Conversion Claim Against Insurer

    February 01, 2023 —
    Although the court was incredulous that the parties were disputing the possession of a gate opener allegedly damaged in a lightning strike, it granted the insured's motion for partial summary judgment finding the insurer had converted the gate opener. Privratsky v. Liberty Mut. Fire Ins Co., 2022 U.S. Dist. LEXIS 196002 (D. Haw. Oct. 27, 2022). (Full disclosure, our office is co-counsel for the insured). Mr. Privratsky alleged his home on Maui was struck by lightning which caused an electrical surge. The home and personal property were damaged. The alleged cost of repair work at one point was as much as $325,000. A claim was submitted under a homeowner's policy issued by Liberty Mutual. Liberty paid for only some of the damage. Privratsky filed suit alleging three causes of action for: (1) declaratory judgment that the losses were covered by the policy issued by Liberty; (2) bad faith; and (3) conversion of personal property, namely, the damaged gate operator. Read the court decision
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    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    A Win for Policyholders: California Court of Appeals Applies Vertical Exhaustion for Continuous Injury Claims

    August 24, 2020 —
    Fresh off the heels of the California Supreme Court’s landmark decision in Montrose Chemical Corp. v. Super. Ct. of L.A. Cty. (“Montrose III”),1 policyholders scored another victory as another California court rejected horizontal exhaustion in the context of continuous injury cases. The Court of Appeal of the State of California, First Appellate District, Division Four, in SantaFe Braun Inc. v. Ins. Co. of N. Am., adopted a rule of vertical exhaustion, holding that “[absent an explicit policy provision to the contrary] the insured becomes entitled to the coverage it purchased from the excess carriers once the primary policies specified in the excess policy have been exhausted.”2 The dispute in SantaFe Braun began in 1992 when asbestos-related claims were first filed against Braun. In 1998, Braun’s three primary insurers agreed in writing to defend and settle the underlying claims against Braun while resolving allocation among themselves. In 2004, Braun filed the current suit against its excess insurers, seeking a declaration that the excess insurers were obligated to help cover the costs of the underlying asbestos-related lawsuits. Read the court decision
    Read the full story...
    Reprinted courtesy of Celia B. Waters, Saxe Doernberger & Vita
    Ms. Waters may be contacted at cbw@sdvlaw.com

    Hawaii Construction Defect Law Increased Confusion

    August 27, 2013 —
    Hawaii’s Act 83 put into the law that in determining if a construction defect was due to an occurrence, the courts needed to ignore any case law that arose after the insurance policy was taken out. The hope, according to Bibeka Shrestha, writing at Law360, was to provide certainty to builders. The effect, however, “further muddled the litigation landscape.” Carl Shapiro said of the Hawaii legislature that “instead of solving the problem, they’ve created an even bigger miss.” Tred Eyerly, an insurance attorney says that the state “needs a decision from the Hawaii Supreme Court.” One result is that now the state court and the federal courts have different views on how to look at prior cases. The state courts are holding that “the uncertainly should be resolved in favor of the policyholder,” while the federal courts “pointed to earlier case law that nixed coverage for these types of claims. The legislature seems unlikely to resolve this confusion on its own. One legislative liaison said that “nobody knew how to pass a law saying ‘you will grant coverage.’” Brian Yamane also told Law360 that “there has been no attempt by anybody to introducte legislation to amend the law.” Read the court decision
    Read the full story...
    Reprinted courtesy of

    White and Williams Earns Tier 1 Rankings from U.S. News "Best Law Firms" 2020

    December 22, 2019 —
    White and Williams has achieved national recognition from U.S. News and World Report as a "Best Law Firm" in the practice areas of Insurance Law and Media Law. Our Boston, New York and Philadelphia offices have also been recognized in their respective metropolitan regions in several practice areas. Firms included in the “Best Law Firms” list are recognized for professional excellence with persistently impressive ratings from clients and peers. Achieving a tiered ranking signals a unique combination of quality law practice and breadth of legal experience. National Tier 1 Insurance Law National Tier 3 Media Law Metropolitan Tier 1 Boston Product Liability Litigation – Defendants Delaware Product Liability Litigation – Defendants New Jersey Labor Law – Management Philadelphia Commercial Litigation Insurance Law Medical Malpractice Law – Defendants Personal Injury Litigation – Defendants Personal Injury Litigation – Plaintiffs Metropolitan Tier 2 Boston Insurance Law Delaware Medical Malpractice Law – Defendants New Jersey Employment Law - Management Litigation - Labor & Employment Philadelphia Bet-the-Company Litigation Legal Malpractice Law – Defendants Media Law Real Estate Law Tax Law Trusts & Estates Law Metropolitan Tier 3 New York City Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law Philadelphia Appellate Practice Construction Law First Amendment Law Litigation – Construction Litigation – Labor & Employment Patent Law Read the court decision
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    Reprinted courtesy of White and Williams LLP

    How to Build a Water-Smart City

    August 23, 2021 —
    Cities across time have stretched to secure water. The Romans built aqueducts, the Mayans constructed underground storage chambers, and Hohokam farmers dug more than 500 miles of canals in what is now the U.S. Southwest. Today’s cities use portfolios of technologies to conserve supply — everything from 60-story dams and chemicals to centrifugal pumps and special toilets. And yet, the cities of tomorrow will have to do more. A recent United Nations report on drought says climate change is increasing the frequency, severity and duration of droughts, which contribute to food insecurity, poverty and inequality. The report also asserts that “drought has been the single longest-term physical trigger of political change in 5,000 years of recorded human history.” It calls for urgent action and a transformation in governance to manage modern drought risk more effectively. Read the court decision
    Read the full story...
    Reprinted courtesy of Chris Malloy, Bloomberg