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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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    Home Builders Association of New Haven Co
    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


    Insurance Firm Defends against $22 Million Claim

    Issues of Fact Prevent Insurer's Summary Judgment Motion in Collapse Case

    Haight Brown & Bonesteel Attorneys Named Best Lawyers in America ® 2016

    Value in Recording Lien within Effective Notice of Commencement

    Fire Damages Unfinished Hospital Tower at NYU Langone Medical Center

    Wendel Rosen’s Construction Practice Group Receives First Tier Ranking

    New OSHA Vaccination Requirements For Employers With 100 Or More Employees (And Additional Advice for California Employers)

    Chapman Glucksman Press Release

    2016 California Construction Law Upate

    Bremer Whyte Sets New Precedent in Palos Verdes Landslide Litigation

    Subcontract Should Flow Down Delay Caused by Subcontractors

    Newport Beach Partners Jeremy Johnson, Courtney Serrato, and Associate Joseph Real Prevailed on a Demurrer in a Highly Publicized Shooting Case!

    Condominium Exclusion Bars Coverage for Construction Defect

    Safety Accusations Fly in Dispute Between New York Developer and Contractor

    Meet D1's Neutrals Series: BILL FRANCZEK

    Bailout for an Improperly Drafted Indemnification Provision

    Bank of America’s Countrywide Ordered to Pay $1.3 Billion

    AGC’s 2024 Construction Outlook. Infrastructure is Bright but Office-Geddon is Not

    Resolving Subcontractor Disputes with Pass-Through Claims and Liquidation Agreements

    AB5, Dynamex, the ABC Standard, and their Effects on the Construction Industry

    Water Alone is Not Property Damage under a CGL policy in Connecticut

    How Small Mistakes Can Have Serious Consequences Under California's Contractor Licensing Laws.

    Mexico’s Construction Industry Posts First Expansion Since 2012

    Framework, Tallest Mass Timber Project in the U.S., Is On Hold

    Alert: AAA Construction Industry Rules Update

    Civility Is Key in Construction Defect Mediation

    Federal Contractors Should Request Debriefings As A Matter Of Course

    Wyoming Supreme Court Picks a Side After Reviewing the Sutton Rule

    Renovation Contractors: Be Careful How You Disclose Your Projects

    Increase in Single-Family New Home Sales Year-Over-Year in January

    Congratulations to BWB&O’s Newport Beach Team for Prevailing on a Highly Contested Motion to Quash!

    No Additional Insured Coverage for Subcontractor's Work Outside Policy Period

    Entire Fairness or Business Judgment? It’s Anyone’s Guess

    California Contractors: New CSLB Procedure Requires Non-California Corporations to Associate All Officers with Their Contractor’s License

    BIM Meets Reality on the Construction Site

    More Regulations for Federal Contractors

    New-Home Sales in U.S. Unexpectedly Fall to Four-Month Low

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    Federal Interpleader Dealing with Competing Claims over Undisputed Payable to Subcontractor

    All Aboard! COVID-19 Securities Suit Sets Sail, Implicates D&O Insurance

    Policy Sublimit Does Not Apply to Business Interruption Loss

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    St. Petersburg Florida’s Tallest Condo Tower Allegedly Riddled with Construction Defects
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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. Leveraging 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

    2017 California Construction Law Update

    December 15, 2016 —
    To say it’s been an exciting year in politics would be an understatement. While most of the nation’s attention was focused on the presidential election, state legislatures, including California’s, were busy at work. The California State Legislature introduced 3099 bills during the second session of the 2015-2016 session of which 808 bills were signed into law. 2016 saw the enactment of several bills of interest to the construction industry including bills related to alternative project delivery methods, prevailing wages, and licensing. Each of the bills discussed below takes effect on January 1, 2017. Project Delivery AB 2126 – Amends Public Contract Code section 6701 to increase the number of projects the Department of Transportation may use the construction manager/general contractor method of project delivery from no more than 6 projects, to 12 projects, of which 8 of the 12 projects would be required to use Department employees or consultants under contract with the Department to perform all project design and engineering services. 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

    Construction Termination Issues Part 5: What if You are the One that Wants to Quit?

    August 21, 2023 —
    Architects and Engineers are sometimes pleasantly surprised to find out that they, also, can terminate those crazy, hard to deal with Owners—at least, if the Owners fail to make payments as required. You can also terminate for Owner delays to the work, or where you think the contractor should be fired but the Owner disagrees. Again, the standard 7 days written notice is required. (See B101 §9.4). Do you have to walk off the job if they are not paying you? No—you could exercise the smaller remedy of suspending services (with 7 days written notice) until payments are caught up or the contract performance is corrected by the Owner. (See B101 §9.1). Suspension rather than outright termination is a softer approach when working with an owner you do not want to burn (too many) bridges with. 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

    Purely “Compensatory” Debts Owed by Attorneys to Clients (Which Are Not Disciplinary or Punitive Fees Imposed by the State Bar) Are Dischargeable In Bankruptcy

    April 28, 2016 —
    The United States Court of Appeals for the Ninth Circuit in Scheer v. The State Bar of California (4/14/16 – Case no. 2:14-cv-04829-JFW) reversed the district court’s affirmance of the bankruptcy court’s decision that a suspended attorney’s debt was nondischargeable in bankruptcy under 11 U.S.C. § 523(a)(7). In Scheer, the client (Clark) retained attorney Scheer to help modify his home mortgage loan. Clark paid Scheer $5,500 before any modification occurred. Clark then fired Scheer and sought return of the $5,500 under California’s mandatory attorney fee dispute arbitration program. An arbitrator concluded that, although Scheer performed competently, she violated California Civil Code §2944.7(a) by receiving advance fees for residential mortgage modification services. Although the arbitrator believed that Scheer’s violations were neither willful nor malicious, he concluded California law required a full refund of the improperly collected fees. Scheer made a few payments against the arbitration award but, claiming a lack of funds, failed to pay the outstanding balance. Reprinted courtesy of David W. Evans, Haight Brown & Bonesteel LLP and Renata L. Hoddinott, Haight Brown & Bonesteel LLP Ms. Hoddinott may be contacted at rhoddinott@hbblaw.com Mr. Evans may be contacted at devans@hbblaw.com Read the court decision
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    Reprinted courtesy of

    A WARNing for Companies

    March 13, 2023 —
    Since last fall, news of layoffs in the technology sector have set off a ripple effect in a variety of other industries. Companies engaging in layoffs must be thoughtful and prepared when it comes to taking such action. While the construction industry generally has one of the highest layoff rates, and human resource personnel may be very knowledgeable with regard to related risks and exposure, there are a number of additional issues to consider when there are mass layoffs or closings. Further, expensive litigation awaits if companies are not meticulous in complying with state and federal laws regarding such large scale reductions in force. Under federal law, the primary legislation governing mass layoffs and closing is the Worker Adjustment and Retraining Notification (“WARN”) Act which generally covers employers with 100 or more employees. This law was enacted to protect employees by requiring companies to provide 60 days’ notice to employees in advance of certain plant closings and mass layoffs. In addition, many states, such as California, Connecticut and New York, have enacted similar state laws, referred to as “mini-WARN” laws, which impose additional requirements, including increasing the length of the required advance notice and broadening the scope of employers to which the law applies. Reprinted courtesy of Abby M. Warren and Sapna Jain, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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    AI – A Designer’s Assistant or a Replacement?

    November 28, 2022 —
    Over the last few months, we’ve seen an online explosion of AI-powered text and image generators. Many non-designers welcome these tools as a way to express themselves and create results that would have taken professionals days to complete. The obvious question is, should designers start feeling scared? Interior designs from a photo you upload In Business of Home, Fred Nicolaus writes about how he tested with an L.A. designer Shaun Crha an online tool called Interior AI. They uploaded pictures of empty rooms, selected basic prompts (“midcentury modern bathroom,” for example), and watched the machine go. After tweaking the tool settings, they started getting impressive results. Launched in September 2022, Interior AI is the creation of Pieter Levels, a programmer. He built the site in five days by connecting it to a commercially available AI engine called Stable Diffusion. It has been trained with images from Pinterest and other photo sources. Read the court decision
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    Reprinted courtesy of Aarni Heiskanen, AEC Business
    Mr. Heiskanen may be contacted at aec-business@aepartners.fi

    OSHA Launches Program to Combat Trenching Accidents

    October 16, 2018 —
    In the wake of a recent rise in fatal trenching cave-ins, the federal Occupational Safety and Health Administration has begun a targeted education and enforcement program to try to reverse the trend. Read the court decision
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    Reprinted courtesy of Tom Ichniowski, ENR
    Mr. Ichniowski may be contacted at ichniowskit@enr.com

    Drop in Civil Trials May Cause Problems for Construction Defect Cases

    August 27, 2013 —
    Over the last fifty years, the number of lawsuits that have been settled by trial have dropped sharply, according to Kenneth Childs, writing in the Idaho Business Review. Childs notes that in 1962, 11.5% of federal civil cases were resolved at trial, but in 2002, only 1.8 % percent went to trial. He makes the supposition that, due to their complexity, construction defect trials are even less likely to be resolved at trial. Instead, they are being resolved in mandatory arbitration. Views on arbitration have changed over the years and the courts have gone from what he describes as “somewhat hostile to it” to embracing, encouraging, and even mandating it. Childs notes there are some problems to this climate of arbitration. He notes that arbitrators can “operate by their own rules and according to their own standards.” The decisions made by arbitrators “are not subject to appellate review,” which allows arbitrators “to ignore the law entirely.” Read the court decision
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    Reprinted courtesy of

    The Hazards of Carrier-Specific Manuscript Language: Ohio Casualty's Off-Premises Property Damage and Contractors' E&O Endorsements

    October 05, 2020 —
    Risk transfer in the construction industry depends heavily on industry-standard insurance language. Insurance provisions in subcontracts typically reference ISO standard insurance terminology or endorsements in order to guarantee (or, at least, attempt to secure) coverage for upstream parties. The contract may require, for example, that a subcontractor maintains general liability insurance on a “current ISO occurrence form,” and name upstream parties as additional insureds, and both parties will have a general understanding of what that entails for purposes of risk transfer. Problems arise, however, when insurance companies stray from standard language, especially on issues that go to the heart of construction risk transfer. In some instances, provisions that track ISO language may contain subtle changes that seem to meet the contractual insurance requirements. Upon closer scrutiny, it could significantly change how a policy will respond to a given claim. Given the extent of potential liability arising from construction projects, if the insurance programs intended to back up risk transfer and indemnity agreements do not respond as expected, all the potentially liable parties may be left in the lurch. Reprinted courtesy of Theresa A. Guertin, Saxe Doernberger & Vita and Eric M. Clarkson, Saxe Doernberger & Vita Ms. Guertin may be contacted at tag@sdvlaw.com Mr. Clarkson may be contacted at emc@sdvlaw.com Read the court decision
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