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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


    Affordable Harlem Housing Allegedly Riddled with Construction Defects

    Are Construction Defect Claims Covered Under CGL Policies?

    Employee Screening and Testing in the Covid-19 Era: Getting Back to Work

    Latosha Ellis Joins The National Black Lawyers Top 40 Under 40

    Court Narrowly Interprets “Faulty Workmanship” Provision

    U.S. Supreme Court Allows Climate Change Lawsuits to Proceed in State Court

    Appraisal Can Go Forward Prior to Resolution of Coverage Dispute

    Supreme Court Grants Petition for Review Regarding Necessary Parties in Lien Foreclosure Actions

    Understand the Dispute Resolution Provision You Are Agreeing To

    A Court-Side Seat: Clean Air, Clean Water, Endangered Species and Deliberative Process Privilege

    The Best Laid Plans: Contingency in a Construction Contract

    The General Assembly Seems Ready to Provide Some Consistency in Mechanic’s Lien Waiver

    Las Vegas Partner Sarah Odia Named a 2023 Mountain States Super Lawyer Rising Star

    Alaska Supreme Court Dismisses Claims of Uncooperative Pro Se Litigant in Defect Case

    Real Estate & Construction News Roundup (10/16/24) – Chevron Ruling’s Impact on Construction Industry, New Kind of Public Housing and Policy Recommendations from Sustainable Building Groups

    The Utility of Arbitration Agreements in the Construction Industry

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    MTA’S New Debarment Powers Pose an Existential Risk

    Eight Ways to Protect a Construction Company Before a Claim Is Filed

    Illinois Court Assesses Factual Nature of Term “Reside” in Determining Duty to Defend

    Nevada OSHA Provides Additional Requirements for Construction Employers to Address Feasibility of Social Distancing at Construction Sites

    Register and Watch Partner John Toohey Present on the CLM Webinar Series!

    Nevada Bill Would Bring Changes to Construction Defects

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    Jarred Reed Named to the National Black Lawyers’ “Top 40 Under 40” List for Second Consecutive Year

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    Maybe Supervising Qualifies as Labor After All

    Hawaii Federal District Court Again Rejects Coverage for Faulty Workmanship

    Lewis Brisbois Launches New Practice Focusing on Supply Chain Issues

    Actual Cost Value Includes Depreciation of Repair Labor Costs

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    Congratulations to Wilke Fleury’s 2024 Super Lawyers and Rising Stars!!

    Force Majeure, Construction Delays, Labor Shortages and COVID-19

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    Construction Defect Not an Occurrence in Ohio

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    Real Estate & Construction News Roundup (7/2/24) – Increase in Commercial Property Vacancy Rates, Trouble for the Real Estate Market and Real Estate as a Long-Term Investment

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    Bond Principal Necessary on a Mechanic’s Lien Claim

    Mondaq’s 2023 Construction Comparative Guide

    Insured Under Property Insurance Policy Should Comply With Post-Loss Policy Conditions

    Congratulations to BWB&O for Ranking in The U.S. News – Best Lawyers ® as “Best Law Firms”!
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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. 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.

    Building Expert News & Info
    Fairfield, Connecticut

    Condo Buyers Seek to Void Sale over Construction Defect Lawsuit

    November 07, 2012 —
    A Michigan couple seeks to void their purchase of a condo in Texas after discovering that the complex was undergoing a construction defect lawsuit. ABQ Journal reports that Charles M. Lea and Olga Y. Ziabrikova said that they would not have purchased the condo if they had known the association was already alleging construction defects. The condo association discovered the defects “by at least late 2010,” according to the suit. The couple bought their condo in August 2011 and heard of the defects only in March 2012. The couple notes that no one involved with the sale informed them of the construction defect complaints. The community association’s lawsuit states that problems have lead to $2.5 million in damages. The developer, Vegas Verde Condo Partners, have filed a general denial of the construction problems. Read the court decision
    Read the full story...
    Reprinted courtesy of

    Safety, Technology Combine to Change the Construction Conversation

    September 30, 2019 —
    New technologies are redefining how to plan, build and deliver the full spectrum of construction projects. Automation, software and new processes are changing the construction industry in unprecedented ways, and construction management is evolving along with it. Construction companies are adapting—using innovative tools and resources, joined by more aggressive risk management and decision-making methods. All the while, safety remains at the heart of every successful new build. Envisioning the Modern Job Site Productivity has increased by leaps and bounds as processes have gotten faster and cheaper. Twenty years ago, the industry looked completely different— a $500 million project would have taken four years to deliver; today, it can be done in 29 months. These new projects are becoming incredibly complex as new technologies change the size and scope, giving rise to more specialization and fragmentation. Building projects faster with fewer people requires a whole new level of preparation. This is where advanced planning and advanced work packaging can play a big role—by informing exactly how the material is going to arrive, how it will be staged, how it will be fabricated and how the area can be best managed to deliver the work. Reprinted courtesy of Neil Riddle & Brent Burger, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Mr. Riddle may be contacted at RiddleRN@bv.com Mr. Burger may be contacted at BurgerBB@bv.com Read the court decision
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    Reprinted courtesy of

    BWB&O’s Los Angeles Partner Eileen Gaisford and Associate Kelsey Kohnen Win a Motion for Terminating Sanctions!

    April 25, 2023 —
    Congratulations to Bremer Whyte Brown & O’Meara, LLP Partner Eileen Gaisford and Associate Kelsey Kohnen for successfully arguing and winning a Motion for Terminating Sanctions for BWB&O’s client, a hotel in Los Angeles County. The court granted BWB&O’s Motion for Terminating Sanctions and Plaintiff’s Complaint was dismissed with prejudice. Plaintiff filed a complaint alleging she sustained multiple injuries after a slip and fall in a hotel. Plaintiff’s complaint alleged that BWB&O’s client was negligent, careless, and reckless in the ownership, care, control, and maintenance of the premises. BWB&O aggressively defended its client and filed several motions, arguing Plaintiff’s conduct abused the discovery process. The Court sided with BWB&O and granted its Motion for Terminating Sanctions, and the lawsuit was dismissed with prejudice. Read the court decision
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    Reprinted courtesy of Dolores Montoya, Bremer Whyte Brown & O'Meara LLP

    New Defendant Added to Morrison Bridge Decking Lawsuit

    March 26, 2014 —
    The Morrison Bridge in Multnomah County, Oregon, has added a new company to their lawsuit regarding problems with the slip-resistant FRP decking, according to The Oregonian. The county has already named the installer, the supplier, and the manufacturer. Now, they have added Hardesty & Hanover, LLP, the company “that contracted with the decking manufacturer to provide engineering and design for the project.” The Oregonian reported that “the county has identified a construction design professional who can testify that Hardesty & Hanover made errors that contributed to the Morrison Bridge's damage,” according to the amended complaint. First, Conway construction (the deck installer) filed suit against the decking manufacturer and supplier. Then, the “county inserted itself into the suit last fall,” stated The Oregonian, and “is seeking more than $2 million to repair or replace the decking, plus damages.” A trial is scheduled for February 2015. Read the court decision
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    Reprinted courtesy of

    San Francisco Sues Over Sinking Millennium Tower

    November 17, 2016 —
    Dennis Herrera, San Francisco’s city attorney, filed a lawsuit against the developer of the Millennium Tower, “for failing to inform buyers that it was sinking ‘much faster than expected,’” reported the New York Times. Mission Street Development sold more than 400 units in the skyscraper. “They went ahead and sold condominiums for a handsome profit without telling the buyers about the situation,” Mr. Herrera told the New York Times. “This is every homeowner’s worst nightmare.” The spokesman for the development, P.J. Johnson, stated that “the allegations by the city attorney had ‘no merit,’ and that the “building had sunk within ‘predicted, safe ranges’ during the entire sales process,” according to the New York Times. Furthermore, Johnson asserted that the problem derived from the nearby railroad station removing water from the ground, which “had caused the building to ‘settle beyond the 12 inches it was predicted to settle.’” Read the court decision
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    Reprinted courtesy of

    Focusing on Design Elements of the 2014 World Cup Stadiums

    June 30, 2014 —
    While Garret Murai on his California Construction Law blog admits that the construction of Brazil’s World Cup stadiums has been problematic (construction worker deaths, delays, and cost overruns), he focused on the design work: “…there’s no denying that the venues are stunning, and for a country known for its beauty as well as beauties (think the Girl From Ipanema), dare I say even sexy.” For instance, Murai described the Estadio do Maracana (constructed in 1950 and renovated in 2013) as looking “a bit like the front of the USS Enterprise.” He goes onto explain how the stadium was originally constructed for the 1950 World Cup, and “famous” attendees include Frank Sinatra and the Pope. Read the court decision
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    Reprinted courtesy of

    Contract And IP Implications Of Design Professionals Monetizing Non-Fungible Tokens Comprising Digital Construction Designs

    December 26, 2022 —
    There is an emerging market that appears poised to increasingly provide opportunities to monetize architectural and other construction designs through the sale of non-fungible tokens (NFTs). Last year, artist Krista Kim reportedly made the first sale of a digital home design via an NFT marketplace, for over $500,000. With some NFTs selling for millions of dollars, monetizing digital designs is undoubtedly an enticing prospect for architects, engineers, and other design professionals. It is thus critical to understand the application of intellectual property rights to NFTs and to address those rights in contracts involving design professionals. What is an NFT? To understand the market for NFTs it is necessary to first understand blockchain technology. A blockchain is a decentralized system of recording information via a digital ledger of transactions duplicated and distributed across many computers. The manner in which each block of the ledger chain is created—using a cryptographic mathematical algorithm tied into the previous block, a timestamp, and transaction data—prevents it from being changed retroactively without a change to all subsequent blocks and consensus of the decentralized network. An NFT is a ‘token’ secured to a blockchain. It can represent ownership of any item that is non-fungible, i.e., any item that has unique qualities that add value and make the item non-interchangeable. NFTs can take unlimited forms, including, for example, tokens representing unique artwork, music, fashion items, in-game items, essays, collectibles, memorabilia, furniture, and real estate. Read the court decision
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    Reprinted courtesy of Colin C. Holley, Watt, Tieder, Hoffar, & Fitzgerald, LLP (ConsensusDocs)
    Mr. Holley may be contacted at cholley@watttieder.com

    When is Mediation Appropriate for Your Construction Case?

    May 07, 2015 —
    Here at Construction Law Musings, I have often discussed mediation as a good alternative to the expense and headaches of litigation. What I have discussed less often are the circumstances in which it is most appropriate to consider or even push for mediation. The obvious and clearest time that mediation must be used is where the contract requires it. Many construction contracts, including those from the AIA (when the parties check the appropriate box) require mediation as a prerequisite to arbitration or litigation. As is almost always the case in Virginia, this clause will be enforced. In short, if your construction contract has such a clause, and despite my reservations about “mandatory mediation,” you need to at least go through the process before moving forward with your construction claim. The more interesting case is where no such clause exists and the parties reach an impasse, sometimes prior to litigation and often after the filing of a construction complaint or demand for arbitration. What questions should you as a construction attorney be asking both to and about your construction clients before attempting mediation? Read the court decision
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    Reprinted courtesy of Christopher G. Hill, Law Office of Christopher G. Hill, PC
    Mr. Hill may be contacted at chrisghill@constructionlawva.com