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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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    Home Builders Association of Hartford Cty Inc
    Local # 0755
    2189 Silas Deane Hwy
    Rocky Hill, CT 06067

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    Home Builders Association of NW Connecticut
    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


    Construction Litigation Roundup: “I Never Had a Chance”

    Facing Manslaughter Charges In Worker's 2021 Trench Collapse Death, Colorado Contractor Who Willfully Ignored Federal Law Surrenders To Police

    Chinese Telecommunications Ban to Expand to Federally Funded Contracts Effective November 12, 2020

    Carolinas Storm Damage Tally Impeded by Lingering Floods

    Courts Take Another Swipe at the Implied Warranty of the Plans and Specifications

    Karen Campbell, Kristen Perkins to Speak at CLM 2020 Annual Conference in Dallas

    US-Mexico Border Wall Bids Include Tourist Attraction, Solar Panels

    COVID-19 Is Not Direct Physical Loss Or Damage

    What You Need to Know About the Recently Enacted Infrastructure Bill

    Violation of Prompt Payment Statutes is Not a Breach of Contract. But That’s Not the Most Interesting Part

    Builder Exposes 7 Myths regarding Millennials and Housing

    Staten Island Villa Was Home to Nabisco 'Nilla' Wafer Inventor

    New York Court Temporarily Enjoins UCC Foreclosure Sale

    Haight has been named a Metropolitan Los Angeles Tier 1 “Best Law Firm” and Tier 2 for Los Angeles and Orange County by U.S. News – Best Lawyers® “Best Law Firms” in 2022

    Research Project Underway to Prepare Water Utilities for Wildfire Events

    Chinese Demand Rush for Australia Homes to Stay, Ausin Says

    Hanover, Germany Apple Store Delayed by Construction Defects

    Burg Simpson to Create Construction Defect Group

    Insurance Policy Provides No Coverage For Slab Collapse in Vision One

    California’s Right To Repair Act Is The Sole Remedy For Damages For Construction Defects In New Residential Construction

    Express Warranty Trumping Spearin’s Implied Warranty

    URGENT: 'Catching Some Hell': Hurricane Michael Slams Into Florida

    Can You Really Be Liable For a Product You Didn’t Make? In New Jersey, the Answer is Yes

    Water Intrusion Judged Not Related to Construction

    Toolbox Talk Series Recap – Best Practices for Productive Rule 26(f) Conferences on Discovery Plans

    First-Time Buyers Shut Out of Expanding U.S. Home Supply

    The Problem with One Year Warranties

    Real Estate & Construction News Roundup (7/10/24) – Strong Construction Investment in Data Centers, Increase Use of Proptech in Hospitality and Effects of Remote-Work on Housing Market

    Colorado Passes Construction Defect Reform Bill

    Nevada’s Construction Defect Law

    New Jersey Supreme Court Upholds $400 Million Award for Superstorm Sandy Damages

    Construction Employers Beware: New, Easier Union Representation Process

    The ARC and The Covenants

    VOSH Jumps Into the Employee Misclassification Pool

    Eleven WSHB Lawyers Honored on List of 2016 Rising Stars

    So, You Have a Judgment Against a California Contractor or Subcontractor. What Next? How Can I Enforce Payment?

    Hurricane Ian: Florida Expedites Road Work as Damage Comes Into Focus

    Protect Projects From Higher Repair Costs and Property Damage

    Energy Company Covered for Business Interruption Losses Caused by Fire and Resulting in Town-Ordered Shutdown

    A Lien Might Just Save Your Small Construction Business

    Providing “Labor” Under the Miller Act

    General Contractor’s Professional Malpractice/Negligence Claim Against Design Professional

    Insurer Wrongfully Denies Coverage When Household Member Fails to Submit to EUO

    Issue and Claim Preclusion When Forced to Litigate Similar Issues in Different Forums: White River Village, LLP v. Fidelity and Deposit Company of Maryland

    Hawaii Court of Appeals Finds Insured AOAO Not Liable for Securing Inadequate Insurance

    Is the Construction Industry Actually a Technology Hotbed?

    Nondelegable Duty of Care Owed to Third Persons

    It’s All a Matter of [Statutory] Construction: Supreme Court Narrowly Interprets the Good Faith Dispute Exception to Prompt Payment Requirements in United Riggers & Erectors, Inc. v. Coast Iron & Steel Co.

    The EEOC Targets Construction Industry For Heightened Enforcement

    NTSB Sheds Light on Fatal Baltimore Work Zone Crash
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    FAIRFIELD CONNECTICUT BUILDING EXPERT
    DIRECTORY AND CAPABILITIES

    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

    Improvements to AIA Contracts?

    February 05, 2015 —
    Joel Sciascia, general counsel for the construction management company Pavarini McGovern, made some insightful comments in the Viewpoint section of the latest Engineering News Record magazine. He argues that architects should not be the initial decision maker (“IDM”) under AIA contracts. Instead of using the architect, Mr. Sciascia suggests the use of an independent dispute-resolution board. In 2007, the AIA introduced a new concept into the A-201 documents through which the owner and contractor had the option of naming an independent third party to resolve disputes, instead of automatically allowing the architect to resolve disputes. But, if the parties did not select any specific independent decision maker, the architect would be considered the default initial decision maker. Read the court decision
    Read the full story...
    Reprinted courtesy of Craig Martin, Lamson, Dugan and Murray, LLP
    Mr. Martin may be contacted at cmartin@ldmlaw.com

    Is the Sky Actually Falling (on Green Building)?

    November 03, 2016 —
    I have spoken on many occasions here at Construction Law Musings and elsewhere about the risks and rewards for contractors found in sustainable construction. The rewards were fairly apparent. New markets, government incentives and the desires of owners to be “green” clearly point toward a need for contractors to get into the sustainable building game. However, when I was first writing my Eeyore like thoughts most of the thoughts of all us construction attorneys were speculative. Whether because wholesale “green” construction was relatively new or because the court process was relatively slow, there were not many ways to test if our, shall we say “less optimistic,” predictions were going to come to pass. For better or worse, several of the more dire predictions have come true. One major green construction debacle is the Destiny USA litigation. I cannot possibly set out all of the various issues as well as my friend and colleague Chris Cheatham does in his e-book about the project and its aftermath. I highly recommend this e-book and the posts found at Chris’ Green Building Law Update blog for those of you interested in how the IRS, the USGBC and the Green Bonds Program interact to cause many a pitfall for construction and design professionals. Read the court decision
    Read the full story...
    Reprinted courtesy of Christopher G. Hill, The Law Office of Christopher G. Hill, PC
    Mr. Hill may be contacted at chrisghill@constructionlawva.com

    Real Estate & Construction News Roundup (10/1/24) – Hybrid Work Technologies, AI in Construction and the Market for Office Buildings

    November 05, 2024 —
    In our latest roundup, commercial mortgage bond market in trouble, commercial real estate investments, pressure on mortgage REITs, and more!
    • Short-term issues facing U.S. commercial real estate have made it an investment opportunity and values have bottomed out. (CNBC)
    • As organizations report plans to shake up their real estate portfolios, the flight to quality spurs interest in space planning, amenities and hybrid work technologies. (Joe Burns, Facilities Dive)
    • The conversation about AI’s potential benefits and risks has been a common refrain in construction recently. (Matthew Thibault, Construction Dive)
    Read the court decision
    Read the full story...
    Reprinted courtesy of Pillsbury's Construction & Real Estate Law Team

    Bel Air Mansion Construction Draws Community Backlash

    December 17, 2015 —
    According to the New York Times, a Bel Air hillside mansion in Los Angeles has outraged neighbors who refer to the unfinished, 30,000 square foot and almost 70 feet high building as “the Starship Enterprise.” Despite legal violations such as tearing down the original structure without the city’s permission, the height being twice the legal limit, and digging into the hillside though the site is an “earthquake-induced landslide area,” the case has not progressed much in four years because the actual owner is a shell company. The New York Times summarized the issues at 901 Strada Vecchia as follows: “After the unapproved teardown and leveling of the hillside, the construction team did ask permission to grade the hill but used a survey that made it appear that workers had not already removed significant loads of dirt. Then they joined two buildings that were supposed to be separate and built so high that they drastically violated the city’s height limit.” Read the court decision
    Read the full story...
    Reprinted courtesy of

    Construction Defect Litigation in Nevada Called "Out of Control"

    February 04, 2013 —
    KXNT Las Vegas's Trevor Smith reports that Las Vegas alone has more than 500 pending construction defect cases. The issue of construction defects in Nevada will be taken up by the Nevada Legislature. Smith spoke with Mike Dillon, the executive director of the Builders Association of Northern Nevada. BANN is supporting legislation that Dillon says will "protect homeowners and secondly it's going to put people back to work." Dillon noted that "construction is the second largest industry in the state." Dillon attributed some of the construction defect litigation to the state's building codes. Read the court decision
    Read the full story...
    Reprinted courtesy of

    New York Court of Appeals Finds a Proximate Cause Standard in Additional Insured Endorsements

    June 15, 2017 —
    In The Burlington Insurance Company v. NYC Transit Authority, et al., No. 2016-00096, the New York Court of Appeals issued a landmark decision with regard to the meaning of “caused, in whole or in part, by” in the additional insured context. In a split decision, the court rejected Burlington Insurance Company’s argument that the language implied a “negligence” standard, but held that coverage was provided to the additional insured only where the named insured’s acts or omissions were the proximate cause of the injury:
    While we [the majority] agree with the dissent that interpreting the phrases differently does not compel the conclusion that the endorsement incorporates a negligence requirement, it does compel us to interpret ‘caused, in whole or in part’ to mean more than ‘but for’ causation. That interpretation, coupled with the endorsement’s application to acts or omissions that result in liability, supports our conclusion that proximate cause is required here.[1]
    Read the court decision
    Read the full story...
    Reprinted courtesy of Geoffrey Miller, Saxe Doernberger & Vita, P.C.
    Mr. Miller may be contacted at gjm@sdvlaw.com

    Combating Climate Change by Reducing Embodied Energy in the Built Environment

    December 02, 2019 —
    The building and construction industry is a significant consumer of non-renewable energy resources and is contributing to changing the earth’s environment in damaging and irreversible ways. These impacts are being felt in climate-related shifts that include increases in the earth’s average temperature and rising sea levels. A new report by NASA and the National Oceanic and Atmospheric Administration shows that 2018 was the fourth-hottest year since 1880, the earliest year for which reliable global temperature data is available. The three hottest years on record were 2015, 2016 and 2017. Additionally, the rise in sea levels is causing “nuisance floods” to become more common. From the 1950s to the early 2000s, the days of flooding in the 27 most vulnerable cities across the United States grew from two per year to nearly 12. These and other environmental impacts underscore the urgency of battling climate change and how critical it is for all industries—including construction—to stem the tide on this issue. Reducing embodied energy in the built environment is one way the building and construction sector can do its part to address one of the major challenges of this century. Reprinted courtesy of Brent Trenga, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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    Reprinted courtesy of
    Mr. Trenga may be contacted at brent.trenga@kingspan.com

    Chattanooga Bridge Collapse Likely Resulted From Impact

    April 17, 2019 —
    Tennessee highway officials believe an impact from a vehicle’s oversized load is likely to blame for the April 1 partial collapse of a ramp structure at the I-75/I-24 interchange in Chattanooga. The impact caused the outer box beam and railing of the 148-ft-long bridge’s nearly 51-ft main span to fall onto an access ramp, injuring a motorist whose vehicle collided with the debris. Read the court decision
    Read the full story...
    Reprinted courtesy of Jim Parsons, ENR
    ENR may be contacted at ENR.com@bnpmedia.com