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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
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    Rocky Hill, CT 06067

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    Local # 0710
    110 Brook St
    Torrington, CT 06790

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    3 Regency Dr Ste 204
    Bloomfield, CT 06002

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    #6 CDJ Topic: Construction Defect Legislative Developments

    Thank Your Founding Fathers for Mechanic’s Liens

    Toronto Skyscraper With $1.2 Billion of Debt Has Been Put in Receivership

    Real Estate & Construction News Roundup (1/24/24) – Long-Term Housing Issues in Hawaii, Underperforming REITs, and Growth in a Subset of the Hotel Sector

    Illinois Supreme Court Limits Reach of Implied Warranty Claims Against Contractors

    Withholding Payment or Having Your Payment Withheld Due to Disputes on Other Projects: Know Your Rights to Offset

    Wendel Rosen’s Construction Practice Group Receives First Tier Ranking by U.S. News and World Reports

    Judge Dismisses Suit to Block Construction of Obama Center

    Because I Haven’t Mentioned Mediation Lately. . .

    Insured's Motion for Reconsideration on Protecting the Integrity of Referral Sources under Florida Statute s. 542.335

    Even Fraud in the Inducement is Tough in Construction

    Pine River’s Two Harbors Now Targets Non-Prime Mortgages

    A Few Green Building Notes

    New York Building Boom Spurs Corruption Probe After Death

    Under Privette Doctrine, A Landowner Delegates All Responsibility For Workplace Safety to its Independent Contractor, and therefore Owes No Duty to Remedy or Adopt Measures to Protect Against Known Hazards

    Public-Private Partnerships: When Will Reality Meet the Promise?

    Eighth Circuit Affirms Judgment for Bad Faith after Insured's Home Destroyed by Fire

    Damages to Property That is Not the Insured's Work Product Are Covered

    Professional Liability Client Alert: Law Firms Should Consider Hiring Outside Counsel Before Suing Clients For Unpaid Fees

    The Great London Property Exodus Is in Reverse as Tenants Return

    Consumer Confidence in U.S. Increases More Than Forecast

    Standard For Evaluating Delay – Directly from An Armed Services Board Of Contract Appeal’s Opinion

    Breaking Down Homeowners Association Laws In California

    Is it the End of the Lease-Leaseback Shootouts? Maybe.

    Outcry Over Peru’s Vast Graft Probe Prompts Top Lawyer to Quit

    Luxury Home Sales are on the Rise

    Saved By The Statute: The Economic Loss Doctrine Does Not Bar Claims Under Pennsylvania’s Unfair Trade Practices and Consumer Protection Law

    Improvements to AIA Contracts?

    The Law of Patent v Latent Defects

    Recording “Un-Neighborly” Documents

    New Jersey Judge Found Mortgage Lender Liable When Borrower Couldn’t Pay

    Congratulations to Jonathan Kaplan on his Promotion to Partner!

    Newmeyer Dillion Attorneys Named to 2022 Super Lawyers and Rising Stars Lists

    White and Williams Obtains Reversal on Appeal of $2.5 Million Verdict Against Electric Utility Company

    Sales of Existing Homes in U.S. Fall to Lowest Since 2012

    Senate Committee Approves Military Construction Funds

    Florida Federal Court to Examine Issues of Alleged Arbitrator Conflicts of Interests in Panama Canal Case

    Newmeyer Dillion Partner Louis "Dutch" Schotemeyer Named One of Orange County's 500 Most Influential by Orange County Business Journal

    Philadelphia Enacts Commercial Property Assessed Clean Energy (C-PACE) Program

    New 2021 ALTA/NSPS Land Title Survey Standards Effective February 23, 2021

    Judge Tells DOL to Cork its Pistol as New Overtime Rule is Blocked

    Car Crashes Through Restaurant Window. Result: Lesson in the History of Additional Insured Coverage

    Subcontractors on Washington Public Projects can now get their Retainage Money Sooner

    Proposed Law Protecting Tenants Amended: AB 828 Updated

    Housing Inventory Might be Distorted by Pocket Listings

    Alabama Still “An Outlier” on Construction Defects

    UK Construction Defect Suit Lost over One Word

    Agree First or it May Cost You Later

    St. Mary & St. John Coptic Orthodox Church v. SBS Insurance Services, Inc.

    What are the Potential Damages when a House is a Lemon?
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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

    Legal Implications of 3D Printing in Construction Loom

    July 10, 2018 —
    Imagine a printer in the middle of a construction site programmed with a designer’s plans and specifications to build an entire home from scratch. As concrete is fed into the printing device, a technician hits enter on her computer and a 3D printer starts fabricating the structure’s walls and roof. Read the court decision
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    Reprinted courtesy of Aldo E. Ibarra, ENR
    ENR staff may be contacted at ENR.com@bnpmedia.com

    Federal Judge Strikes Down CDC’s COVID-19 Eviction Moratorium

    March 29, 2021 —
    A federal judge in Texas has declared the Centers for Disease Control and Prevention (CDC) eviction moratorium unconstitutional, holding that Article I’s power to regulate interstate commerce and enact laws necessary and proper for such regulation does not include the power to suspend residential evictions on a nationwide basis. While the court stopped short of issuing immediate injunctive relief, instead relying on the CDC to “respect the declaratory judgment” and withdraw the Order, the court stated that such relief would be available if the government does not comply with the decision. With this ruling, the most significant prohibition on residential evictions for nonpayment of rent is likely to be lifted, and many residential evictions halted or delayed under the Order may begin in earnest. While additional tenant protections remain in certain locales, this federal ruling increases the likely rate and pace of residential eviction activity across the country. The CDC Eviction Moratorium was a nationwide order enacted under the Trump Administration in an effort to reduce the adverse economic impacts of the ongoing COVID-19 pandemic on residential tenants, and as a public health measure to prevent displacement of individuals into living situations conducive to the spread of the COVID-19. The Order allowed tenants facing eviction due to financial strains caused by the pandemic to certify in writing to their landlord that they are unable to pay full rent and that eviction would likely lead to homelessness or force the individual into unsafe congregate or shared living quarters. The CDC issued the order under its emergency pandemic powers under the Public Health Service Act. Initially in effect through December 31, 2020, the Order was subsequently extended through March 31, 2021. Reprinted courtesy of Zachary Kessler, Pillsbury, Amanda G. Halter, Pillsbury and Adam Weaver, Pillsbury Mr. Kessler may be contacted at zachary.kessler@pillsburylaw.com Ms. Halter may be contacted at amanda.halter@pillsburylaw.com Mr. Weaver may be contacted at adam.weaver@pillsburylaw.com Read the court decision
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    Reprinted courtesy of

    Tips for Contractors Who Want to Help Rebuild After the California Wildfires

    November 02, 2017 —
    I received a call from one of my contractor clients this past week to see what he could do to help those affected by California’s North Bay fires. The North Bay fires are the deadliest and most destructive wildfires in California’s history. To date, the fires have claimed 42 lives, burned more than 200,000 acres of land, destroyed an estimated 8,400 structures and likely damaged tens of thousands more. By comparison, the state’s second most deadly wildfire, the Oakland Hills fire of 1991, claimed the lives of 25 people, burned 1,600 acres of land, and destroyed 2,900 structures. Rebuilding costs for the North Bay fires, according to the California Insurance Commissioner, are expected to top $1 billion. For those with insurance, insurance experts say that the rebuilding process can take two years or more for those whose homes and businesses were destroyed. For those whose homes and businesses were fortunate enough only to be damaged, rebuilding efforts are already underway. 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

    Outcry Over Peru’s Vast Graft Probe Prompts Top Lawyer to Quit

    January 15, 2019 —
    Peru’s Attorney General Pedro Chavarry quit his post amid allegations he sought to sabotage a plea deal with a major construction company and derail the country’s biggest corruption probe. The board of supreme prosecutors accepted his resignation Tuesday and appointed Zoraida Avalos as his replacement, according to a post on the account of the attorney general’s office. Chavarry will continue to sit on the five-member board. Read the court decision
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    Reprinted courtesy of John Quigley, Bloomberg

    Get Construction Defects in Writing

    December 11, 2013 —
    Sometimes, even if a developer is willing to make a repair, sometimes the repair doesn’t get to the actual problem, according to Nicholas D. Cowie of Cowie & Mott, writing on his blog. He notes that “getting it ‘right’ the first time is important and written documentation is key.” He gives the example of “when a developer agrees to informally repair a window or roof leak, the ‘repair,’ as far as the developer is concerned, may consist merely of sending out a worker with a caulk gun to seal gaps that should have been protected with a solid flashing material during the original installation.” As a better course, he says that homeowner associations should “request a written description of the proposed repair” in order that it can be evaluated. This also allows follow-up to determine if the agreed-upon repair was done properly. And, although some homeowners associations would rather not have the original subcontractor repair their own work, here warranties often come into play. Read the court decision
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    Reprinted courtesy of

    ASCE's Architectural Engineering Institute Announces Winners of 2021 AEI Professional Project Award

    April 19, 2021 —
    RESTON, Va. – The American Society of Civil Engineers' (ASCE) Architectural Engineering Institute (AEI) is pleased to announce the 100 Mount Street project by Skidmore, Owings & Merrill and Billie Jean King Main Library, also by Skidmore, Owings & Merrill as Best Overall Projects winners for AEI's Professional Project Awards. The 100 Mount Street project won the award Best Overall Project Over $100 Million, while the Billie Jean King Main Library won the award for Best Overall Project Under $100 Million. Traditionally, AEI announces project winners during its in-person annual Awards Banquet; however, ASCE held the banquet virtually this year to follow CDC guidelines which suggest avoiding large gatherings. The AEI Professional Project Award recognizes outstanding achievements in design and construction by honoring the art and science of an integrated approach to architectural engineering. The program focuses on high performance buildings including structural, mechanical, electrical and lighting systems as well as construction management and architectural engineering integration. Projects are evaluated on originality and innovative character, integration and collaboration, sustainability, energy efficiency and economics, effective use of technology and constructability and site logistics. ABOUT THE AMERICAN SOCIETY OF CIVIL ENGINEERS Founded in 1852, the American Society of Civil Engineers represents more than 150,000 civil engineers worldwide and is America's oldest national engineering society. ASCE works to raise awareness of the need to maintain and modernize the nation's infrastructure using sustainable and resilient practices, advocates for increasing and optimizing investment in infrastructure, and improve engineering knowledge and competency. For more information, visit www.asce.org and follow us on Twitter, @ASCETweets and @ASCEGovRel. About ASCE's Architectural Engineering Institute Established in 1998, AEI is the premier organization for architectural engineering, promoting an integrated, multi-disciplinary approach to planning, design, construction and operation of buildings, by encouraging innovation, collaboration and excellence in practice, education and research of architectural engineering. For more information, visit www.asce.org/aei. Read the court decision
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    Reprinted courtesy of American Society of Civil Engineers

    New Law Raises Standard for Defense Experts as to Medical Causation

    September 05, 2023 —
    On July 17, 2023, California Governor Gavin Newsom signed Senate Bill (SB) No. 652, adding Section 801.1 to the California Evidence Code. This section provides additional requirements for expert opinions relating to medical causation. In particular, it allows a party not bearing the burden of proof to offer a contrary expert in response to an expert proffered by a party bearing the burden of proof as to medical causation who is required to opine that causation exists to a reasonable medical probability. The contrary expert may only be proffered, however, if he or she is able to opine that an alternative medical causation is one that exists to a reasonable medical probability. Section 801.1, however, does not preclude an expert witness from testifying that a specific matter cannot meet a reasonable degree of probability in the applicable field. With respect to medical causation, a “reasonable degree of probability” means that the expert is testifying that a particular event or source was more likely than not the cause of a person’s injuries. Read the court decision
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    Reprinted courtesy of Haight Brown & Bonesteel LLP

    Florida Court of Appeals Rejects Insurer’s Attempt to Intervene in Underlying Lawsuit to Submit Special Interrogatories

    October 09, 2018 —
    On August 10, 2018, the Florida Court of Appeals for the Second District upheld a trial court’s dismissal of an insurance company’s intervention in a tort lawsuit brought against its insured for the purposes of submitting special interrogatories and verdict forms. In Houston Specialty Ins. Co. v. Vaughn, 2018 Fla. App. LEXIS 11197, 2018 WL 3795785 (Fla. 2d DCA Aug. 10, 2018), the insured, All Florida Weatherproofing and Construction, Inc. (“All Florida”) provided pressure washing, roof coating, and other roof-related services. Houston Specialty issued a general liability policy to All Florida. In 2012, a worker fell off a roof while applying protective coating on behalf of All Florida. The worker and his family sued All Florida in connection with the worker’s injuries. Read the court decision
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    Reprinted courtesy of Jeremy Macklin, Traub Lieberman Straus & Shrewsberry LLP
    Mr. Macklin may be contacted at jmacklin@tlsslaw.com