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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

    Fairfield Connecticut Building Expert 10/ 10

    Home Builders Association of New Haven Co
    Local # 0720
    2189 Silas Deane Highway
    Rocky Hill, CT 06067

    Fairfield Connecticut Building Expert 10/ 10

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

    Fairfield Connecticut Building Expert 10/ 10

    Home Builders Association of NW Connecticut
    Local # 0710
    110 Brook St
    Torrington, CT 06790

    Fairfield Connecticut Building Expert 10/ 10

    Home Builders Association of Connecticut (State)
    Local # 0700
    3 Regency Dr Ste 204
    Bloomfield, CT 06002

    Fairfield Connecticut Building Expert 10/ 10


    Building Expert News and Information
    For Fairfield Connecticut


    Eleven WSHB Attorneys Honored on List of 2016 Rising Stars

    A Good Examination of Fraud, Contract and Negligence Per Se

    Construction Litigation Roundup: “It’s One, Two… Eight Strikes: You’re Out!”

    Caltrans Reviewing Airspace Program in Aftermath of I-10 Fire

    Woman Files Suit for Property Damages

    The Jersey Shore gets Beach Prisms Designed to Reduce Erosion

    London Is Falling Down and It's Because of Climate Change

    Real Estate & Construction News Round-Up 05/04/22

    Duty to Defend Bodily Injury Evolving Over Many Policy Periods Prorated in Louisiana

    Rescission of Policy for Misrepresentation in Application Reversed

    New York Court Grants Insured's Motion to Dismiss Construction Defect Case and Awards Fees to Insured

    HB24-1014: A Warning Bell for Colorado Businesses Amid Potential Consumer Protection Changes

    Fee Simple!

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

    Illinois Legislature Passes Bill Allowing Punitive Damages In Most Wrongful Death Actions

    An Uncharted Frontier: Nevada First State to Prohibit Defense-Within-Limits Provisions

    Update – Property Owner’s Defense Goes up in Smoke in Careless Smoking Case

    California to Require Disclosure of Construction Defect Claims

    Condominium Association Responsibility to Resolve Construction Defect Claims

    Force Majeure and COVID-19 in Construction Contracts – What You Need to Know

    Unfortunate Event Test Leads to Three Occurrences

    Ninth Circuit Rules Supreme Court’s Two-Part Test of Implied Certification under the False Claims Act Mandatory

    Leveraging the 50-State Initiative, Connecticut and Maine Team Secure Full Dismissal of Coverage Claim for Catastrophic Property Loss

    GAO Sustains Unsupported Past Performance Evaluation and Unequal Discussion Bid Protest

    Manhattan Bargain: Condos for Less Than $3 Million

    Construction Litigation Roundup: “Sudden Death”

    It’s Not What You Were Thinking!

    Indiana Court of Appeals Holds That Lease Terms Bar Landlord’s Carrier From Subrogating Against Commercial Tenant

    San Francisco Museum Nears $610 Million Fundraising Goal

    Construction Site Blamed for Flooding

    Court of Appeals Invalidates Lien under Dormancy Clause

    Join: Computer Science Meets Construction

    Georgia Federal Court Holds That Pollution Exclusion Bars Coverage Under Liability Policy for Claims Arising From Discharge of PFAS Into Waterways

    Assignment of Construction Defect Claims Not Covered

    Sellers' Alleged Misrepresentation Does Not Amount To An Occurrence

    Beam Fracture on Closed Mississippi River Bridge Is at Least Two Years Old

    3M PFAS Water Settlement Could Reach $12.5B

    Remodel Leads to Construction Defect Lawsuit

    Library to Open with Roof Defect Lawsuit Pending

    District Court Allows DBE False Claims Act Case to Proceed

    The Most Expensive Apartment Listings in New York That Are Not in Manhattan

    Coverage for Injury to Insured’s Employee Not Covered

    Negligent Misrepresentation in Sale of Building Altered without Permits

    Return-to-Workplace Checklist: Considerations and Emerging Best Practices for Employers

    Report Highlights Trends in Construction Tech, Digitization, and AI

    Dust Obscures Eleventh Circuit’s Ruling on “Direct Physical Loss”

    NYC Luxury-Condo Buyers Await New Towers as Sales Slow

    Contractor Entitled to Continued Defense Against Allegations of Faulty Construction

    Sales of U.S. Existing Homes Rise to One-Year High

    US Court Disputes $1.8B AECOM Damage Award in ‘Remarkable Fraud’ Suit
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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

    Are Construction Defect Claims Covered Under CGL Policies?

    January 27, 2014 —
    Courts have ruled differently as to whether a construction defect is or is not an “occurrence,” according to the publication Business Insurance. Four states—Colorado, Arkansas, Hawaii and South Carolina—have sought to remove ambiguity by passing statutes that define construction defect claims as occurrences. Colorado, the first state to create such a statue, passed H. B. 10-1394 in May 2010. The state legislature passed the statute “because of the complex and lengthy endorsements and exclusions facing construction professionals, according to the bill” reported Business Insurance. The article stated that “incongruous court decisions over whether construction defect claims are covered under CGL policies continue to drive uncertainty in coverage and increase litigation costs.” Read the court decision
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    Reprinted courtesy of

    Delays in Filing Lead to Dismissal in Moisture Intrusion Lawsuit

    September 09, 2011 —

    The Alabama Court of Civil Appeals has upheld a summary judgment in the case of Franklin v. Mitchell. Walter Mitchell, doing business as Southern Classic Construction built a new home for the Franklins. The Franklins moved into the home in October 2001. In April 2006 they discovered sagging floors in both the bathroom and kitchen. They contacted Mitchell who suggested the flooring might be defective. The Franklins spent eight months attempting to contact the flooring manufacturer.

    In March 2007, the Franklins had the home inspected. The sagging was determined to be due to a loss of strength in the decking because of condensation from the air conditioning system. Air returns were not properly sealed and drawing moisture into the structure. There was mold on the decking and floor joints.

    When Mitchell was contacted by the Franklins, he told them his one-year warranty had expired but had the HVAC subcontractor, Southern Mechanical Heating & Air (owned by Mitchell’s father, Jim Mitchell), look at the situation. SMHA replaced and braced subfloors. Later, they entered the crawl space to tape ducts, seal the air return, and insulate the air vent housing. The Franklins were not satisfied with the repairs, as not all the ducts were taped, nor were the air vent housings insulated.

    Franklin complained to Walter Mitchell who again cited his one-year warranty. Jim Mitchell said he would not report complaints to his insurer, stating that the repairs were unnecessary, that the work had been done correctly in the first place, and it was only done at the request of Walter Mitchell.

    In February 2009, the Franklins sued Walker Mitchell. Mitchell denied the claims, citing in part the statute of limitations. Mitchell also filed complaints against three subcontractors, including his father’s firm. Mitchell received a summary judgment as the case started after Alabama’s six-year statute of limitations.

    The appeals court rejected the Franklin’s argument that the claim of damage did not start until they were aware it was due to a construction defect. The court noted that as Walter Mitchell was licensed as a “residential home builder, the statute the Franklins cite did not apply, as it concerns architects, engineers, and licensed general contactors.”

    Nor did they feel that Mitchells’ claim that his warranty had expired were sufficient to override the statute of limitations, quoting an earlier case, “Vague assurances do not amount to an affirmative inducement to delay filing suit.” Their claim of subsequent negligent repairs was rejected because Mitchell did not direct the specific actions taken by his father’s firm.

    Read the court’s decision…

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    Reprinted courtesy of

    Incorporate Sustainability in Building Design to Meet Green Construction Goals

    September 25, 2018 —
    A few miles outside the city limits of Austin, Texas, construction work is expected to soon begin on the Austin Ridge Bible Church’s tri-level, 80,000-square-foot building. The building will house a 2,500-seat sanctuary, classrooms and other spaces where congregants can gather for prayer and fellowship. When the project is completed, scheduled for the end of 2019, it will produce a worship place that will significantly reduce the building’s energy costs in the years ahead. Reprinted courtesy of Norma Lehman, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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    SEC Climate Change Disclosure Letter Foreshadows Anticipated Regulatory Changes

    November 08, 2021 —
    Washington, D.C. (October 13, 2021) - In late September 2021, the Division of Corporation Finance of the Securities and Exchange Commission (SEC) issued a Sample Letter providing guidance to companies on how their climate disclosures will be analyzed for compliance with material risk reporting obligations. The Sample Letter precedes the SEC’s issuance of mandatory climate-related disclosure rules anticipated by year-end and signals a greater focus on specific information used to support securities filings, a development that businesses should take seriously. The Sample Letter builds on climate change guidance the SEC issued in 2010 and identifies nine categories of disclosures the SEC suggests may be material risks that must be disclosed. These include:
    • Consistency between a company’s corporate social responsibility report and its SEC filings;
    • Risks associated with climate-related legislation, regulation, or policy, and resulting compliance costs;
    • Litigation risks related to climate change; and
    • Risks linked to an array of operational and market factors, including capital expenditures, continuity of business operations, supply chain stability, changing demand, reputation, availability of credit and insurance, and other climate-change related potential impacts on the financial condition of the company.
    Reprinted courtesy of Karen C. Bennett, Lewis Brisbois and Jane C. Luxton, Lewis Brisbois Ms. Bennett may be contacted at Karen.Bennett@lewisbrisbois.com Ms. Luxton may be contacted at Jane.Luxton@lewisbrisbois.com Read the court decision
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    Reprinted courtesy of

    Updated 3/13/20: Coronavirus is Here: What Does That Mean for Your Project and Your Business?

    March 16, 2020 —
    The outbreak of COVID-19 (“coronavirus”) has wreaked a considerable human toll of death, physical suffering, fear, and anxiety internationally. Much of the fear and anxiety results from a lack of information or a full understanding about the spread of the disease, protection against infection, and treatment. At Smith, Currie & Hancock, we urge our clients, friends, and colleagues to take seriously, but calmly and prudently, the threat of this disease to protect yourselves, your loved ones, and your businesses. The first step in that process is to inform yourselves with reliable information. Toward that end, we direct your attention to the Centers for Disease Control and Prevention’s Coronavirus Disease 2019 website: https://www.cdc.gov/coronavirus/2019-ncov/index.html In addition to the human toll, coronavirus has caused substantial disruptions to economies worldwide. In that regard, the adage “a picture is worth a thousand words,” is particularly foreboding. Satellite images taken by the U.S. National Aeronautics and Space Administration (NASA) of China at the outset of the coronavirus outbreak and approximately a month later show a dramatic decline in air pollution, signifying and illustrating a sharp decline in industrial activity and transportation caused by the disease. Reprinted courtesy of Smith Currie attorneys Alexander Gorelik, Joshua E. Holt, Brian N. Krulick, Shoshana E. Rothman, A. Michelle West, and Brian S. Wood Mr. Gorelik may be contacted at agorelik@smithcurrie.com Mr. Holt may be contacted at jeholt@smithcurrie.com Mr. Brian may be contacted at bnkrulick@smithcurrie.com Ms. Shoshana may be contacted at serothman@smithcurrie.com Ms. West may be contacted at amwest@smithcurrie.com Mr. Wood may be contacted at bswood@smithcurrie.com Read the court decision
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    Construction Defects in Roof May Close School

    October 21, 2013 —
    A school in Wales may have to close due to roof leaks. The school was opened six years ago, but since then the leaks at Ysgol Ffynnonbedr are “leading to the deterioration of the structure and fabric of the school.” The Lampeter city council have budgeted £35,000 (about $56,000) for repairs to the roof. The leaks have already rendered some of the electrical systems and teaching areas unusable. The city council had been in discussion with the builders, Cowlin Construction, when that firm was bought by Balfour Beatty. Balfour Beatty did not comment to the Cambrian Times about resolving the construction defects. Read the court decision
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    Reprinted courtesy of

    Fourth Circuit Issues New Ruling on Point Sources Under the CWA

    October 02, 2018 —
    The Clean Water Act (CWA) authorizes citizen suits to enforce the provisions of the law which requires a permit to discharge a pollutant from a point source into navigable waters. Earlier this year, the U.S. Court of Appeals for the Fourth Circuit, in Upstate Forever v. Kinder Morgan Energy Partners, held that discharges into groundwater, not surface water, could also trigger the regulatory authority of the CWA if there was a hydrological connection between the groundwater and the navigable, surface, waters. In its a closely-watched case, Sierra Club v. Virginia Electric & Power Company (“VEPCO”), which also involved discharges into groundwater, the Fourth Circuit was bound by this this new and controversial precedent (a Supreme Court review is very likely), but the plaintiffs in the VEPCO case could not establish that the landfill and the settling ponds used by VEPCO were “point sources”—another important element that must be established. Read the court decision
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    Reprinted courtesy of Anthony B. Cavender, Pillsbury
    Mr. Cavender may be contacted at anthony.cavender@pillsburylaw.com

    7 Sustainability Ideas for Modular Classrooms in the Education Industry (guest post)

    June 10, 2015 —
    Today, a guest post on sustainable modular classrooms from Kathy Werder, a freelance architect by profession and a researcher by nature. According to Kathy, most of her research papers focus on promoting integration that leads to sustainable and lean design and construction practices. Kathy is obsessed with the latest rage in the construction industry – modular building solutions. She is also an avid writer, and loves blogging about green buildings and portable construction units. Welcome, Kathy! According to Wikipedia, a sustainable building refers to “ a structure and using process that is environmentally responsible and resource-efficient throughout a building’s life-cycle from sitting, to design, construction, operation, maintenance, renovation, and demolition.” So if we accept this definition to be true, in order to make an actual sustainable building we have to consider the entire process of building right from the blueprint stage all the way to demolition, and ensure that at every step of the way there is minimal or no negative impact on the environment, especially in terms of resource efficiency. Read the court decision
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    Reprinted courtesy of Melissa Dewey Brumback, Construction Law in North Carolina
    Ms. Brumback may be contacted at mbrumback@rl-law.com