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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
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    Salem, CT 06420

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    Rocky Hill, CT 06067

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    Local # 0755
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    Building Expert News and Information
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    New Mexico Adopts Right to Repair Act

    Construction Litigation Roundup: “It’s None of Your Business.”

    Virginia Joins California and Nevada in Passing its Consumer Privacy Act

    “Bound by the Bond”

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    Denver Condo Development Increasing, with Caution

    Three White and Williams Lawyers Named Top Lawyers by Delaware Today

    2018 Super Lawyers and Rising Stars!

    SunEdison Gets Shinsei Bank Funding for Japan Solar Power Plant

    Insured's Remand of Bad Faith Action Granted

    The Relevance and Reasonableness of Destructive Testing

    Editorial: Qatar Is Champion of Safety Hypocrisy in Migrant Worker Deaths

    Real Estate & Construction News Round-Up 01/26/22

    Home Buyer May Be Third Party Beneficiary of Property Policy

    Florida’s Fourth District Appeals Court Clarifies What Actions Satisfy Florida’s Construction Defect Statute of Repose

    Construction Litigation Roundup: “A Fastball Right to the Bean!”

    Florida Representative Wants to Change Statute of Repose

    The California Legislature Passes SB 496 Limiting Design Professional Defense and Indemnity Obligations

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    Second Circuit Brings Clarity To Scope of “Joint Employer” Theory in Discrimination Cases

    More Regulations for Federal Contractors

    Judgment for Insured Upheld After Insurer Rejects Claim for Hurricane Damage

    Certified Question Asks Washington Supreme Court Whether Insurer is Bound by Contradictory Certificate of Insurance

    “Good Faith” May Not Be Good Enough: California Supreme Court to Decide When General Contractors Can Withhold Retention

    Toolbox Talk Series Recap - Guided Choice Mediation

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    Ninth Circuit Holds Efficient Proximate Cause Doctrine Applies Beyond All-Risk Policies

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    Surprising Dismissal of False Claims Act Case Based on Appointments Clause - What Does It Mean?

    Unfair Risk Allocation on Design-Build Projects

    Federal Courts Reject Insurers’ Attempts to Recoup Defense Costs Expended Under Reservation of Rights

    BHA’s Next MCLE Seminar in San Diego on July 25th

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    Specific Performance of an Option Contract to Purchase Real Property is Barred Absent Agreement on All Material Terms
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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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    The Advantages of Virtual Reality in Construction

    August 20, 2019 —
    Virtual realty provides an unparalleled spatial sense for visualization at a lower cost than full-scale replicas. Today, VR is being used heavily in preconstruction to align owner expectations and educate design team stakeholders. For those already employing BIM solutions, coordination can be made much more effective by leveraging existing design models with very little added cost. As anyone who has tried a VR headset before can attest, the ability to accurately perceive spatial relationships in design cannot be replicated through traditional 2D media such as screens or paper. VR solutions also have the ability to iterate rapidly. These technologies are linked to BIM, providing real-time feedback as the design changes. This is in stark contrast to traditional full-scale mockups and offline renders, which are cumbersome and time-consuming to update with design changes. Substantial benefits without a hefty price tag Budget limitations and ROI are always a concern with emerging technology. Fortunately, VR comes cheaply with BIM production. These solutions are significantly less expensive than full-scale mockups and far more efficient when compared to longhand sequencing explanations and esoteric detailing of complex designs. Even the most elaborate VR setups are a fraction of overall construction cost, ranging from a few hundred to a few thousand dollars depending on the level of adoption. Reprinted courtesy of Spivey Lipsey, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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    When it Comes to COVID Emergency Regulations, Have a Plan

    December 07, 2020 —
    As I hope readers of this construction corner of the “blogosphere” know, Virginia adopted emergency COVID workplace regulations effective July 27, 2020, and with enforcement beginning at the end of September. Among the various items found in these regulations are general requirements for all employers, including among others, the requirement to self determine the employer’s risk level and disinfecting requirements. The regulations also have some requirements that seem specially directed toward construction industry employers. These include among them engineering controls and various requirements relating to communications with subcontractors. For a good overview of these requirements, see this great post at the Virginia Bar Association’s construction law blog. One item that is not included in the emergency regulations is a statement that following the regulations immunizes an employer from COVID infection-related lawsuits. For this reason, among others, all construction (and other industry) employers should have a COVID plan that meets the requirements of these regulations at whatever “hazard level” that employer meets. These plans should be written and distributed to all employees and include protocols for workplace/job site screening and what to do if there is a need for contact tracing. I also highly recommend that any plan be created with the help of a good Virginia workplace safety consultant well versed in the COVID regulations. Read the court decision
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    Reprinted courtesy of The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at chrisghill@constructionlawva.com

    Real Estate & Construction News Roundup (04/18/23) – Clean Energy, Critical Infrastructure and Commercial Concerns

    April 25, 2023 —
    In today’s roundup, construction waxes and wanes, energy goals are set, and concerns abound for the commercial real estate market in the United States and Europe.
    • A new AI-driven real estate platform, Land on Earth, will use their ChatGPT-powered HomeMatch technology to match house hunters with their ideal properties. (Business Wire)
    • Following a strong show in February, new construction decreased in March, with an 8.8 percent decrease in permits. (Tim Smart, U.S. News)
    • The UK’s construction industry made a strong performance this winter, but strikes have offset gains, dimming hopes of economic revival. (Paul Godfrey, UPI)
    Read the court decision
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    Reprinted courtesy of Pillsbury's Construction & Real Estate Law Team

    California Expands on Scope of Coverage for Soft Cost Claims

    February 14, 2023 —
    The California federal district court case of KB Home v. Illinois Union Insurance Co., No. 8:20-cv-00278-JLS-JDE, (C.D. Cal. August 23, 2022), provides much needed guidance for cases involving builder's risk insurance claims for soft cost coverage. The case stems from damage to several of KB Home’s residential building sites caused by a severe rainstorm in January 2017. Each home site was a smaller part of a large housing development project. The damage caused significant delay in the completion of some individual home sites, although there was limited evidence of delay to the overall housing development project. As a result, KB Home sought coverage under a builder’s risk policy purchased from Illinois Union for both hard costs and soft costs. “Hard costs” are the costs directly associated with repairing property damage to the sites. Conversely, “soft costs” are indirect expenses associated with project delays caused by such property damage and repair efforts. For example, hard costs would include labor and materials, whereas the soft costs claimed by KB Home included additional real estate taxes, construction loan interest, and advertising and promotional expenses incurred because of the delays. Illinois Union paid the claim for the hard costs, but denied the soft costs claim. KB Home filed suit and Illinois Union eventually filed a motion for summary judgment. Read the court decision
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    Reprinted courtesy of Caitlin N. Rabiyan, Saxe Doernberger & Vita, P.C.
    Ms. Rabiyan may be contacted at CRabiyan@sdvlaw.com

    Viewpoint: Firms Should Begin to Analyze Lessons Learned in 2020

    January 04, 2021 —
    If there’s one phrase that describes 2020, it was not “business as usual.” How AEC firms fared last year depended upon their strategies for navigating an uncertain landscape. While we talk about finding a new normal, company leaders in 2021 will have to think more expansively about what they want that “normal” to look like. Reprinted courtesy of Rich Friedman, Engineering News-Record ENR may be contacted at ENR.com@bnpmedia.com Read the full story... Read the court decision
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    New York City Construction: Boom Times Again?

    October 22, 2013 —
    Construction spending in New York City is expected to reach $31.5 billion this year, which would be the first time has exceeded $30 billion since 2006. Further , construction spending is projected to grow to $37 billion in 2015. During that same period, construction jobs are expected to grow from 120,000 to 130,000. Richard Anderson, the president of the New York Building Congress noted that “just five years after the worst downturn since the Great Depression, the city’s construction industry finds itself on the brink of yet another building boom.” Much of the increase is due to new residential construction. Read the court decision
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    Coffee Beans, Mars and the 50 States: Civil Code 1542 Waivers and Latent Defects

    March 19, 2015 —
    A few years ago, Pulitzer Prize-winning reporter Charles Duhigg wrote a book that was on the New York Times bestseller list for over 60 weeks, The Power of Habit: Why We Do What We Do in Life and Business. As its title suggests, the book is about habits, but more importantly about how we can change our habits to make ourselves happier, healthier and more productive. In his book, Duhigg talks about how habits are “encoded into the structures of our brain” and how this is an advantage because, as an example, “it would be awful if we had to relearn how to drive after every vacation.” Duhigg’s driving example made me think about how much we assume as well, and how, from a practical perspective, it is almost essential that we do so. Using his car example, when we put our key into the ignition and turn it, we assume that the engine will start, and further assume that when we put our foot on the gas pedal that the car will move. If we didn’t or couldn’t assume this, and the many other things we assume in our daily lives, our brains would likely go into overload. Read the court decision
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    Reprinted courtesy of Garret Murai, Wendel Rosen Black & Dean LLP
    Mr. Murai may be contacted at gmurai@wendel.com

    Basement Foundation Systems’ Getting an Overhaul

    October 22, 2014 —
    Builder reported that “[a] new game-changing system, recently recognized for its energy-efficient composite approach to basement construction, soon could change how American builders construct foundations.” Epitome composite foundation walls from Composite Panel Systems (CPS) “was awarded the Composites and Advanced Materials Exposition’s Unsurpassed Innovation Award in Orlando, Fla., on Oct. 14.” The system “combines integrated stud cavities for mechanicals, insulation, the top plate, and a vapor barrier in a single step.” It has been approved for use in Wisconsin, and is expected to receive International Building code and International Residential Code compliance later this year. Read the court decision
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