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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
    2189 Silas Deane Hwy
    Rocky Hill, CT 06067

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    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


    Illinois Favors Finding Construction Defects as an Occurrence

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    How to Build a Water-Smart City

    Seventh Circuit Remands “Waters of the United States” Case to Corps of Engineers to Determine Whether there is a “Significant Nexus”

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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

    Washington Court Tunnels Deeper Into the Discovery Rule

    July 09, 2019 —
    Often times, properly analyzing when a statute of limitations begins to run – not just how long it runs – is crucial to timely pleading. In Dep’t of Transp. v. Seattle Tunnel Partners, 2019 Wash.App. LEXIS 281 (Was. Ct. App. Feb. 5, 2019), Division Two of the Court of Appeals of Washington addressed when the discovery rule starts the statute of limitations clock on a negligence cause of action. The court held that the statute of limitations begins to run when the plaintiff knows that the factual elements of the claim against the defendant exist. The clock starts to run even if the plaintiff wants to investigate the possibility of other contributing factors or the defendant identifies opposing viewpoints on the theory of the claim. In this matter, the Washington State Department of Transportation (WSDOT) contracted with an engineering firm, WSP USA, Inc. (WSP), for an evaluation of the Alaskan Way Viaduct in 2001. As part of this project, WSP retained the services of Shannon and Wilson (S&W), another engineering firm, to conduct geological profile logs, groundwater-pumping tests, and prepare technical memoranda. In 2002, WSP and S&W installed a pumping well with an eight-inch steel casing (TW-2). In 2009, apparently based on the work done by WSP and S&W, WSDOT determined that a bored underground tunnel was the best option for replacing the viaduct. Read the court decision
    Read the full story...
    Reprinted courtesy of Lian Skaf, White and Williams LLP
    Mr. Skaf may be contacted at skafl@whiteandwilliams.com

    Ambiguity in Pennsylvania’s Statute of Repose Finally Cleared up by Superior Court

    October 17, 2023 —
    In an unpublished opinion from the Pennsylvania Superior Court handed down on August 31, 2023, a long-standing disagreement about the wording of Pennsylvania's Statute of Repose was finally resolved. In Pennsylvania, “a civil action or proceeding brought against any person lawfully performing or furnishing the design, planning, supervision or observation of construction or construction of any improvement to real property must be commenced within 12 years after completion of construction of such improvement” to recover most forms of damages that are sought in these kinds of cases. A statute of repose is different than a statute of limitations. A statute of repose is a hard line that does not shift. There is no discovery rule with a statute of repose. Most, if not all, states have statutes of repose for construction. The Pennsylvania statute of repose is among the longest in the country. It can be even longer – up to 14 years – if the injury (including property damage) or wrongful death “shall occur more than 10 and within 12 years after completion of construction.” Read the court decision
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    Reprinted courtesy of Mark L. Parisi, White and Williams LLP
    Mr. Parisi may be contacted at parisim@whiteandwilliams.com

    Renters Trading Size for Frills Fuel U.S. Apartment Boom

    July 16, 2014 —
    Katie Graham is living large. Just in a small apartment. She moved into the new ParkCentral tower in Nashville, Tennessee, for its gym, rooftop deck with heated pool, and the bars and restaurants in the neighborhood below. She didn’t mind the size of the 562-square-foot (52-square-meter) studio. “I just wanted to be in a good area and wanted good amenities, so I wasn’t looking for something huge,” said Graham, 25, who relocated from her hometown in Jackson, Tennessee, two hours away. “I’m by myself and don’t need all that. The bigger the area, the more furniture you have to buy.” Young professionals are paying top-market rents to live in new upscale apartment towers sprouting in Nashville and other downtowns across the country. They’re sacrificing living space for a prime urban location and extras such as cooking classes, dog-wash stations and poolside Wi-Fi. Developers, in the biggest U.S. apartment-construction boom in almost a decade, are shrinking the size of units so they can command luxury rates without narrowing the pool of potential tenants. Read the court decision
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    Reprinted courtesy of Prashant Gopal, Bloomberg
    Mr. Gopal may be contacted at pgopal2@bloomberg.net

    We Knew Concrete Could Absorb Carbon—New Study Tells How Much

    December 08, 2016 —
    Concrete’s large carbon footprint—that is, the amount of carbon dioxide emitted during the cement manufacturing process—is estimated to be 5% of industrial CO2 emissions, a source of concern in the battle against human-caused climate change. But last month, an international research team reported that substantial quantities of CO2 are reabsorbed, or sequestered, by cement-based products over their life cycle. Read the court decision
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    Reprinted courtesy of Thomas F. Armistead, Engineering News-Record
    ENR may be contacted at enr.com@bnpmedia.com

    Common Construction Contract Provisions: No-Damages-for-Delay Clause

    March 16, 2017 —
    In continuing our series on common contract provisions found in construction contracts, this post highlights no-damages-for-delay clauses. Parties to a contract – particularly a construction contract – may agree that the performance of the contract must occur within a set amount of time. When a party is delayed in performing a contract, it may incur additional costs due to the delay. In most circumstances, unless the parties agree otherwise, the delayed party would be entitled to an extension of time to perform the contract. But it may also seek to recover the additional costs resulting from the delay. A no-damages-for-delay clause attempts to prevent the delayed party from recovering those additional costs. In construction contracts, an upstream party, such as an owner or prime contractor, typically relies on a no-damages-for-delay clause when presented with a delay claim by a downstream party, such as a subcontractor. Reprinted courtesy of David Cook, Autry, Hanrahan, Hall & Cook, LLP and Chadd Reynolds, Autry, Hanrahan, Hall & Cook, LLP Mr. Cook may be contacted at cook@ahclaw.com Mr. Reynolds may be contacted at reynolds@ahclaw.com Read the court decision
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    Reprinted courtesy of

    Construction Defect Case Not Over, Despite Summary Judgment

    November 07, 2012 —
    The Supreme Court of Oregon has concluded in an en banc decision that a motion to reconsider a summary judgment is not a motion for a new trial. In coming to their conclusion the court overturned an earlier Oregon Supreme Court case, Carter v. U.S. National Bank. Although the decision does not bear on construction defects, the underlying case did. Due to the decision, these claims can now be evaluated in a trial. The case, Association of Unit Owners of Timbercrest Condominiums v. Warren, came about after an apartment complex was converted into condominium units. The developers hired Big Al’s Construction for some of the remodeling work. The condominium association later sued the developer and the contractor over claims of construction defects. The defendants filed a motion for summary judgment, which the court granted. But that wasn’t the end of things. The plaintiff soon filed a “motion to reconsider,” noting that the summary judgment seemed to be in conflict with both law and other recent rulings, and additionally, the grounds for the decision were not in the order. The judge then notified the parties that the court had “pulled the trigger too quickly” and had seven questions for the parties to answer. The court dismissed all claims against the defendants. The defendants filed their responses, objecting that that “‘there is no such thing’ as a motion for reconsideration.” Further, while “the rules do allow for post-judgment review of pre-judgment rulings through a motion for a new trial,” the plaintiffs had not filed for a new trial. But did they need one? They did file an appeal. The judge in the case admitted that there was no such thing as a motion to reconsider, and felt bad about prematurely signing the judgment. The case was sent to the Court of Appeals to determine if the motion to reconsider was a request for a new trial. The Court of Appeals concurred. In reviewing the decision, the Oregon Supreme Court concluded that there were a maximum of three questions to address. Was the motion for reconsideration a motion for a new trial? If so, was the later notice of appeal premature? And if so, was the plaintiff required to file a new appeal? The court determined that the answer to the first question was no. Prior decisions pointed to the conclusion “that a motion for reconsideration of a summary judgment amounts to a motion for a new trial,” but here the court concluded that “our prior cases erred,” and turned to the summary judgment rule for clarification. The court noted that “the rule contemplates that summary judgment and trial are separate and distinct events.” With this conclusion, the Oregon Supreme Court remanded the case to the Court of Appeals for further proceedings. Read the court decision
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    Reprinted courtesy of

    Happenings in and around the 2016 West Coast Casualty Seminar

    April 20, 2016 —
    The West Coast Casualty Construction Defect Seminar returns to the Disneyland Hotel next month (May 12th-13th) and the Construction Defect Journal has compiled a list of concerts, sporting events, and museum exhibitions taking place in and around Anaheim. Whether you like to spend your personal time checking out a new band, or watching your favorite Angel slide into home, or perusing the local art museum, there is something to spark your interest. CONCERT VENUES THE HOUSE OF BLUES IN ANAHEIM Located in Downtown Disney, The House of Blues in Anaheim is a short walk from the convention hall.
    Breakthru Entertainment Presents… Tuesday, May 10th Starting at 630pm For More Information...
    Totally 80’s Live Friday, May 13th at 7pm For More Information...
    THE GROVE OF ANAHEIM Near Angel Stadium, the Grove of Anaheim is just a few miles away from the seminar location.
    Luca Turilli’s Rhapsody & Primal Fear Thursday, May 12th Doors Open at 7pm For More Information and to Purchase Tickets...
    SPORTING EVENTS ANGEL’S STADIUM – BASEBALL Take care of your popcorn-and-peanuts-and-cracker-jacks fix while cheering for the Angel’s—conveniently just a few miles from the Disneyland Hotel.
    Angels v. Cardinals Tuesday, May 10th at 7:05pm For More Information and to Purchase Tickets...
    Angels v. Cardinals Wednesday, May 11th at 7:05pm For More Information and to Purchase Tickets...
    FAIRS AND FESTIVALS Art Crawl Experience Every quarter, Downtown Anaheim hosts an art walk that includes live entertainment, local artists, as well as food and craft vendors.
    Saturday, May 14 from 6pm to 10pm For More Information...
    MUSEUM EXHIBITIONS MUZEO This local museum and cultural center is a short drive from the convention hall.
    Exhibition: Master Craft: The Art of Woodworking March 12th, 2016-May 21st, 2016 Museum Days/Hours: Tuesday – Sunday (Closed Mondays) / 10 am to 5 pm For More Information...
    Exhibition: “A Touch of Africa in Anaheim” by Da African Village: the Art of Senegal and neighboring countries April 30th, 2016 – May 30th, 2016 Museum Days/Hours: Tuesday – Sunday (Closed Mondays) / 10 am to 5 pm For More Information...
    BOWERS MUSEUM (Santa Ana) Voted “The Best Museum in Orange County” by OC Register Readers for 16 consecutive years, this arts and cultural center is worth the fifteen minute drive.
    Exhibition: Once Upon a Time April 16th, 2016-August 28th, 2016 Museum Days/Hours: Tuesday – Sunday (Closed Mondays) / 10 am to 4 pm For More Information...
    Exhibition: Mummies of the World March 19th, 2016-September 5th, 2015 Museum Days/Hours: Tuesday – Sunday (Closed Mondays) / 10 am to 4 pm For More Information...
    Exhibition: Mystery from the Tomb: The Face Beneath the Mask December 8th, 2015-TBD Museum Days/Hours: Tuesday – Sunday (Closed Mondays) / 10 am to 4 pm For More Information...
    Exhibition: Popul Vuh: Watercolors of Diego Rivera December 12th, 2015 – May 29th, 2016 Museum Days/Hours: Tuesday – Sunday (Closed Mondays) / 10 am to 4 pm For More Information...
    Lecture: Popul Vuh: Art in Context (6-Part series): The Rise of Modernism in Europe: Realist Shifts in the Nineteenth Century (Part 3) Wednesday, May 11 at 11am-12pm For More Information...
    Lecture: ARCE Weekend Lecture: Sudanese Antiquity: New Insights from the ‘Bio-archaeology of Nubia Expedition (BONE)’ Saturday, May 14 at 130pm-3pm For More Information...
    Read the court decision
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    Reprinted courtesy of

    Sometimes it Depends on “Whose” Hand is in the Cookie Jar

    January 21, 2015 —
    In a lengthy and somewhat detailed decision, the California Court of Appeal for First District, in Pittsburg Unified School District v. S.J. Amoroso Construction Company, Inc., Case No. A138825 (December 22, 2014), held that a public entity could unilaterally withdraw retention funds during a pending legal dispute without the court first finding that the contractor had defaulted on the public works project. Background In 2008, general contractor S.J. Amoroso Construction Company, Inc. (“S.J. Amoroso”) entered into a construction contract with the Pittsburg Unified School District (“District”) for the reconstruction and modernization of a high school in Pittsburg, California. Read the court decision
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    Reprinted courtesy of Roger Hughes, Wendel Rosen Black & Dean LLP
    Mr. Hughes may be contacted at rhughes@wendel.com