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    Home Builders & Remo Assn of Fairfield Co
    Local # 0780
    433 Meadow St
    Fairfield, CT 06824

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    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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    Building Consultant News and Information
    For Fairfield Connecticut


    Research Project Underway to Prepare Water Utilities for Wildfire Events

    Will a Notice of Non-Responsibility Prevent Enforcement of a California Mechanics Lien?

    Drafting a Contractual Arbitration Provision

    Couple Gets $79,000 on $10 Million Construction Defect Claim

    Proposed Florida Construction Defect Act

    Defeating the Ten-Year Statute of Repose For Latent Construction Defects

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

    Strict Rules for Home Remodel Contracts in California

    No Coverage Under Anti-Concurrent Causation Clause

    The Conscious Builder – Interview with Casey Grey

    Alexander Moore Promoted to Managing Partner of Kahana Feld’s Oakland Office

    Breach of Contract Exclusion Bars Coverage for Construction Defect Claim

    Gardeners in the City of the Future: An Interview with Eric Baczuk

    Newmeyer Dillion Announces Partner John Van Vlear Named to Board Of Groundwater Resources Association Of California

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

    Hunton Insurance Partner Among Top 250 Women in Litigation

    Construction Group Seeks Defense Coverage for Hard Rock Stadium Claims

    Being deposed—not just for dictators! Depositions in the construction lawsuit (Law & Order: Hard Hat files Part 5)

    Mediation in the Zero Sum World of Construction

    Insurer’s “Failure to Cooperate” Defense

    Golden Gate Bridge's $76 Million Suicide Nets Near Approval

    Deducting 2018 Real Property Taxes Prepaid in 2017 Comes with Caveats

    Tesla Finishes First Solar Roofs—Including Elon's House

    Colorado House Bill 1279 Stalls over 120-day Unit Owner Election Period

    Be Careful With Construction Fraud Allegations

    Duty To Defend Construction Defect Case Affirmed, Duty to Indemnify Reversed In Part

    Congratulations to BWB&O’s 2023 Super Lawyers Rising Stars!

    Colorado Homes Approved Despite being Too Close Together

    Utah Digs Deep and Finds “Design Defect” Includes Pre-Construction Geotechnical Reports

    Lawsuits over Roof Dropped

    Insurer's Summary Judgment Motion to Reject Claim for Construction Defects Upheld

    No Interlocutory Appeals of "Garden-Variety" Contract Disputes

    Is Arbitration Okay Under the Miller Act? It Is if You Don’t Object

    Future Army Corps Rulings on Streams and Wetlands: Changes and Delays Ahead

    The NAR asks FAA to Amend their Drone Rules for Real Estate Use

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    De-escalating The Impact of Price Escalation

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    Ohio Court Finds No Coverage for Construction Defect Claims

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    "My Bad, I Thought It Was in Good Faith" is Not Good Enough - Contractor Ordered to Pay Prompt Payment Penalties

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    Eighth Circuit Affirms Finding of Bad Faith, Award of Costs and Prejudgment Interest
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    FAIRFIELD CONNECTICUT BUILDING CONSULTANT
    DIRECTORY AND CAPABILITIES

    The Fairfield, Connecticut Building Consultant 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 Consultant News & Info
    Fairfield, Connecticut

    Wood Wizardry in Oregon: Innovation Raises the Roof for PDX Terminal

    April 15, 2024 —
    Drones, self-propelled modular transporters and a curtain wall that really does hang off the roof like a curtain are all notable technologies that made installing an 18-million-lb timber roof possible at Portland International Airport. Of equal weight is the emphasis on full-scale sourcing of the timber and representing the Pacific Northwest’s residents, history and geography. Reprinted courtesy of Aileen Cho, Engineering News-Record Ms. Cho may be contacted at choa@enr.com Read the full story...

    No Damages for Delay May Not Be Enforceable in Virginia

    January 08, 2024 —
    Anyone who reads Construction Law Musings with any regularity (thank you by the way) knows that the contract is king in most instances here in Virginia. Any commercial construction subcontractor in Virginia is likely also very familiar with so-called “no damages for delay” clauses in construction contracts. These clauses essentially state that a subcontractor’s only remedy for a delay caused by any factor beyond its control (including the fault of the general contractor), after proper notice to the general contractor, is an extension of time to complete the work. However, in 2015 the Virginia General Assembly passed a change in the law that precluded the diminishment of any right to claims for demonstrated additional costs prior to payment. This left open the question as to which types of “diminishment” would be barred by the statute. The recent case out of the Eastern District of Virginia federal court, Strata Solar LLC v. Fall Line Construction LLC, added a bit of clarity. Read the full story...
    Reprinted courtesy of The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at chrisghill@constructionlawva.com

    Veolia Agrees to $25M Settlement in Flint Water Crisis Case

    February 19, 2024 —
    Engineering firm Veolia North America agreed to a $25-million settlement to resolve a federal class action case related to its work for the city of Flint, Mich., during the city’s lead-in-water crisis, the company and attorneys for the plaintiffs announced Feb. 1. Veolia is the second engineering firm that worked for the city to settle with city residents, and the deal came ahead of a class-action trial scheduled to start later this month. Reprinted courtesy of James Leggate, Engineering News-Record Mr. Leggate may be contacted at leggatej@enr.com Read the full story...

    Repairs to Hurricane-damaged Sanibel Causeway Completed in 105 Days

    February 12, 2024 —
    Permanent repairs to the roadway portion of the Sanibel Causeway are substantially complete one year and four months after more than 6,000 Sanibel Island residents lost access to the mainland in the wake of Hurricane Ian. The Superior Construction and The De Moya Group joint-venture team, responsible for the work, say that all travel lanes are now permanently open to the island off Florida's southwest coast near Fort Myers. Reprinted courtesy of Marigo Farr, Engineering News-Record ENR may be contacted at enr@enr.com Read the full story...

    How I Prevailed on a Remote Jury Trial

    March 04, 2024 —
    Are you crazy? That is what I asked my client when he asked me to conduct a jury trial remotely. At the time, I did not even know if it was feasible. While I figured that most courtrooms had remote capabilities, I was not sure whether anyone was crazy enough to do a jury trial remotely and whether a courtroom would accommodate it. Would I be able to truly connect with the jurors? Would the jurors hold it against me that I am appearing remotely while they have to be there in person? I told my client that this was a terrible idea but that I would at least see if it was an option. At the Final Status Conference, the Court confirmed that it could accommodate a remote appearance for both the party and the party’s counsel and gave its permission to do so. It was also clear that I would be the only attorney exercising this option, and the judge remarked that this would be a first for him. Appearing remotely while other attorneys appear in person is not something I would normally consider. However, this case presented a unique set of circumstances. Read the full story...
    Reprinted courtesy of Samuel Yu, Kahana Feld
    Ms. Yu may be contacted at syu@kahanafeld.com

    Calling Hurricanes a Category 6 Risks Creating Deadly Confusion

    March 25, 2024 —
    Category 5 has become part of the world’s lexicon to describe a disaster of monumental proportion. Now, thanks to climate change, a pair of scientists don’t think that is a dire enough level to describe hurricanes. They raise the possibility, on a “hypothetical” basis, for a Category 6. Global warming has increased the energy available for storms to grow stronger, according to a paper by Michael Wehner, senior scientist at the Lawrence Berkeley National Lab, and James Kossin, climate and atmospheric professor at the University of Wisconsin. Their work was published in Proceedings of the National Academy of Sciences of the US. The scientists make a case for adjusting the five-step, Saffir-Simpson Hurricane Wind Scale, which is used to describe hurricane power. A Category 5 is assigned when storm winds reach 157 miles per hour, and today that goes up to the limit of physics. Wehner and Kossin suggest considering anything over 192 mph a Category 6. Read the full story...
    Reprinted courtesy of Brian K Sullivan, Bloomberg

    Meet the Forum's In-House Counsel: RACHEL CLANCY

    November 16, 2023 —
    Company: Lobar, Inc. Email: rachel.clancy@lobar.com Website: www.lobar.com College: York College of Pennsylvania (Bachelor of Science in Marketing, 2001) Graduate School: Florida Institute of Technology (MBA in Acquisition and Contract Management, 2004) Law School: Penn State University, Dickinson School of Law (JD 2007) States Where Company Operates/Does Business: Headquarters are in Dillsburg, PA; construction projects located in Pennsylvania, Maryland, New York, and West Virginia Q: Describe your background and the path you took to becoming in-house counsel. A: Before law school, I spent three years as a Contract Specialist writing construction contracts for the Department of Defense, Naval Facilities Command in New Jersey. I had no idea I'd eventually find my way back to construction. After law school, I spent five years in the business department of a local law firm handling corporate formations, a variety of commercial contracts, and learning some real estate law. After another four years in-house with a data and marketing company in Harrisburg, I accepted my current position with Lobar, where I've been for the last seven years. Read the full story...
    Reprinted courtesy of Jessica Knox, Stinson LLP
    Ms. Knox may be contacted at jessica.knox@stinson.com

    Build, Baby, Build. But Not Like This, Britain.

    March 04, 2024 —
    The UK needs to do a lot more building. A lack of access to physical and digital connections is holding back the economy, the government says. Besides tackling the housing crisis, the country has to construct more roads, railways, wind farms and reservoirs to open up opportunity and drive productivity. The only problem is that Britain is notoriously inept at delivering infrastructure projects on time and within budget. The advantage of doing things badly is that at least you get to learn from your mistakes — in theory. Updates this month have offered some illuminating insights into two of the biggest civil-engineering undertakings in the country: High-Speed Rail 2, better known as HS2, and Hinkley Point C, which will be Britain’s first new nuclear power station since 1995. Here are five lessons that can be drawn from the issues encountered by two projects with a combined bill that’s likely to exceed £100 billion ($127 billion): Don't take budgets too seriously — especially at the start. Fixing an initial budget that was too low may have done much to feed later perceptions that HS2’s costs were spiraling out of control. The original estimate for the expanded train network was set too early and based on “very immature data,” Jon Thompson, appointed executive chair of High Speed 2 Ltd. in February last year, told the House of Commons transport committee. Numbers get more accurate and reliable as work progresses and the quality of information improves. What were viewed as cost blowouts partly reflected this process. The effect was unfortunate, undermining political support for HS2 and providing cover for cutbacks that have reduced the network to a single line between London and Birmingham that fails to fulfill most of its original purpose. To avoid this problem: Stick to a range rather than a single figure, and make sure people understand the uncertainties inherent in early-stage estimates. Read the full story...
    Reprinted courtesy of Matthew Brooker, Bloomberg