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

    Fairfield Connecticut Building Consultant 10/ 10

    Builders Association of Eastern Connecticut
    Local # 0740
    20 Hartford Rd Suite 18
    Salem, CT 06420

    Fairfield Connecticut Building Consultant 10/ 10

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

    Fairfield Connecticut Building Consultant 10/ 10

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

    Fairfield Connecticut Building Consultant 10/ 10

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

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

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    Building Consultant News and Information
    For Fairfield Connecticut

    'Regluing' Oregon State's Showcase for Mass Timber

    Federal Court Rejects Insurer's Argument that Wisconsin Has Adopted the Manifestation Trigger for Property Policy

    If You Purchase a House at an HOA Lien Foreclosure, Are You Entitled to Excess Sale Proceeds?

    Pool Contractor’s Assets Frozen over Construction Claims

    Association Insurance Company v. Carbondale Glen Lot E-8, LLC: Federal Court Reaffirms That There Is No Duty to Defend or Indemnify A Builder For Defective Construction Work

    Five-Year Statute of Limitations on Performance-Type Surety Bonds

    How Pennsylvania’s Supreme Court Decision Affects Coverage of Faulty Workmanship Claims

    The Buck Stops Over There: Have Indemnitors Become the Insurers of First and Last Resort?

    New Households Moving to Apartments

    Six-Month Prison Term for Role in HOA Scam

    Ireland Said to Plan Home Loans Limits to Prevent Bubble

    Use It or Lose It: California Court of Appeal Addresses Statutes of Limitations for Latent Construction Defects and Damage to Real Property

    Competition to Design Washington D.C.’s 11th Street Bridge Park

    Washington Supreme Court Upholds King County Ordinance Requiring Utility Providers to Pay for Access to County’s Right-of-Way and Signals Approval for Other Counties to Follow Suit

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    California Fire Lawyers File Suit Against PG&E on Behalf of More Than 50 Wildfire Victims

    Second Circuit Certifies Question Impacting "Bellefonte Rule"

    North Carolina Federal Court Holds “Hazardous Materials” Exclusion Does Not Bar Duty to Defend Under CGL Policy for Bodily Injury Claims Arising Out of Direct Exposure to PFAs

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    Traub Lieberman Partner Lisa M. Rolle Obtains Summary Judgment in Favor of Defendant

    Defective Concrete Blocks Spell Problems for Donegal Homeowners

    NLRB Hits Unions with One-Two Punch the Week Before Labor Day

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    Corporate Profile


    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

    Congratulations Bryan Stofferahn, August Hotchkin, and Eileen Gaisford on Their Promotion to Partner!

    April 19, 2021 —
    Bryan Stofferahn has been with BWB&O’s Oakland office since 2016 and has been practicing law since 2002. Mr. Stofferahn focuses his practice on insurance defense matters and was lead counsel on the Millennium Tower construction defect case in San Francisco, which was the largest construction defect action in the country. Outside of work, Bryan is passionate about traveling the world with his wife Claire and has finished in last place in two separate chili cook-offs (pre-COVID, of course). August Hotchkin has been with BWB&O since 2013 and helped open the Reno office located in Northern Nevada in 2016. He is duly licensed in both Nevada and California, handling various legal matters, especially complex litigation, throughout Northern Nevada and Northern California. Mr. Hotchkin has taken several cases to trial, including a successful defense verdict on a wrongful death matter. He has also argued countless dispositive motions as well as having cases heard at the Appellate level. During his free time, Mr. Hotchkin enjoys golfing, snowboarding, and spending time with his family and friends, especially up at Lake Tahoe. Eileen Gaisford has been with BWB&O’s Woodland Hill’s office for almost a decade and is licensed to practice law in California. Read the court decision
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    Reprinted courtesy of Bremer Whyte Brown & O'Meara LLP

    Famed NYC Bridge’s Armor Is Focus of Suit Against French Company

    January 18, 2021 —
    French construction giant Vinci SA faces allegations it’s partly to blame for the degradation of the armor installed on New York City’s Kosciuszko Bridge to protect against terrorist attacks and accidents. Hardwire LLC, a Baltimore company that bid unsuccessfully on the project, previously sued one of its former executives for allegedly stealing its proprietary technology for bridge armor so he could win the contract. On Tuesday, Hardwire sought permission to add two units of Vinci to the suit, which claims damages of more than $40 million. The armor is “splitting, delaminating, and is in danger of falling off,” causing a “clear and present danger,” according to the proposed revised complaint filed in federal court in Maryland. The separation “leaves significant vulnerabilities for the bridge cable.” Read the court decision
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    Reprinted courtesy of Joel Rosenblatt, Bloomberg

    When an Insurer Proceeds as Subrogee, Defendants Should Not Assert Counterclaims Against the Insured/Subrogor

    June 14, 2021 —
    In a subrogation action, one party is substituted to the rights and remedies of another with respect to a lawful claim. The substituted party (the subrogee) is legally able to pursue any right or seek any remedy that would be available to the subrogor regarding that claim. But can a defendant in a subrogation action assert any claim against the subrogee that it would have against the subrogor? In Federated Mut. Inc. Co. v. Kosciusko County, No. 3:20-CV-960, 2021 U.S. Dist. Lexis 88735, the United States District Court for the Northern District of Indiana considered whether a defendant could assert counterclaims against the insureds/subrogors in an action filed in the name of their subrogee. The court held that since the insurerds/subrogors were not a party to the action and the defendant could assert the substance of its counterclaim as a defense, the defendant could not file counterclaims against the insureds/subrogors in the insurer’s subrogation action. Kosciusko County arose from a motor vehicle accident involving a semi-tractor trailer owned by Bellman Oil Company, Inc. (Bellman) and B & B Transport, Inc. (B & B). The accident occurred on a highway in Kosciusko County in October of 2019. The accident caused the semi-tractor trailer containing ethanol fuel to roll over four times and burst into flames. Federated Mutual Insurance Company (FMIC) insured Bellman and B & B for the semi-tractor trailer and issued payments as a result of the accident. Read the court decision
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    Reprinted courtesy of Gus Sara, White and Williams
    Mr. Sara may be contacted at

    Ninth Circuit Affirms Dismissal Secured by Lewis Brisbois in Coverage Dispute Involving San Francisco 49ers’ Levi Stadium

    May 31, 2021 —
    Fort Lauderdale Partner and Vice Chair of Lewis Brisbois’ Insurance Coverage & Bad Faith Litigation Practices Kristen D. Perkins and Los Angeles Partner Jordon E. Harriman had their district court victory confirmed by the U.S. Court of Appeals for the Ninth Circuit when it affirmed the lower court’s ruling that Lewis Brisbois’ client, an excess insurer, had no duty to defend or indemnify a construction joint venture in a lawsuit filed by San Francisco 49ers fans. Underlying Case and Lewis Brisbois’ Successful Motion to Dismiss In the underlying matter, 49ers fans filed a proposed class action against the team, alleging that the team’s home venue, Levi Stadium, violated the Americans with Disabilities Act and the state's Unruh Civil Rights Act because it contained physical barriers that hindered access for disabled people. The 49ers subsequently filed a third-party complaint against the construction joint venture that built the stadium, contending that the joint venture’s negligence caused the inaccessibility, and that if the team was held liable for the fans' claims, the joint venture should be obligated to indemnify the team under the terms of the stadium contract. Reprinted courtesy of Kristen Perkins, Lewis Brisbois and Jordon Harriman, Lewis Brisbois Ms. Perkins may be contacted at Mr. Harriman may be contacted at Read the court decision
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    Reprinted courtesy of

    A Court-Side Seat: Coal-Fired Limitations, the Search for a Venue Climate Change and New Agency Rules that May or May Not Stick Around

    February 15, 2021 —
    This is a brief review of recent significant environmental and administrative law rulings and developments. With the change in presidential administrations, the fate of at least some of the newly promulgated rules is uncertain. THE U.S. SUPREME COURT BP PLC v. City and County of Baltimore On January 19, 2021, the Court heard oral argument in BP PLC v. City and County of Baltimore. The respondents filed a Greenhous Gas Climate Change lawsuit in state court, alleging that BP, like other energy companies, is liable for significant damage caused by the sale and promotion of petroleum products while knowing that the use of these products and the resulting release of greenhouse gases damages the environment and public property. Several similar lawsuits have been filed in state courts, pleading common law violations as well as trespass and nuisance law violations The energy companies have tried, unsuccessfully to date, to remove these cases to federal court. The petitioners argue that the federal removal statutes allow the federal courts of appeal to review the lower court’s remand, thus opening the possibility that some of the issues presented in these cases can be tried in federal court, presumably a friendlier forum. A decision on this procedural issue should be rendered in a few months. Read the court decision
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    Reprinted courtesy of Anthony B. Cavender, Pillsbury
    Mr. Cavender may be contacted at

    Do Not Lose Your Mechanics Lien Right Through a Subordination Agreement

    December 21, 2020 —
    If you are a member of the California construction industry you might know that the right of a contractor, subcontractor or supplier to record a mechanics lien to protect the right to payment is well protected by state law. In fact, our California Constitution, article XIV, Sec. 3 specifically elevates the right to a mechanics lien to “Constitutional right”. The right to a mechanics lien is further protected by a statutory framework, including Civil Code sec. 8122 which states:
    “An owner, direct contractor, or subcontractor may not, by contract or otherwise, waive, affect, or impair any other claimant’s rights under this part, whether with or without notice, and any term of a contract that purports to do so is void and unenforceable unless and until the claimant executes and delivers a waiver and release under this article.”
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    Reprinted courtesy of William L. Porter, Porter Law Group
    Mr. Porter may be contacted at

    Seven Trends That Impact Commercial Construction Litigation in 2021

    March 29, 2021 —
    2021 stands to bring sizeable change to the commercial construction industry as trends that had been on the horizon meet the impact of the pandemic. That means it will be even more important for architects, engineers, contractors and owners to prioritize revisiting their project plans as the industry adapts so that they can better reduce their likelihood of facing litigation down the line. While many in the industry will struggle to react to the ongoing environment, building stronger contractual understanding and preparedness to adapt could be the difference in being able to complete the work and move onto the next project in a timely manner. Meanwhile, contractors are using a wider usage of technologies for improved project communication and efficiency. In the coming year, there are seven trends will have the greatest impact on commercial construction. Reprinted courtesy of Jeffrey Kozek and E. Mitchell Swann, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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    Reprinted courtesy of

    New York Regulator Issues Cyber Insurance Guidelines

    March 29, 2021 —
    From the rise of ransomware attacks to the recent SolarWinds-based cyber espionage campaign that struck at the very heart of the U.S. Government, it is apparent that cybersecurity is more critical than ever. COVID-19 and the remote workplace has only served to embolden cyber criminals, and cyber risk now permeates nearly every aspect of modern life from health care data to national security. Cyber insurance plays a critical role in managing cyber risk, and businesses increasingly rely on such coverage to minimize cyber losses. Because of surging cybercrime, it is estimated that the cyber insurance market will increase from $3.15 billion in 2019 to $20 billion by 2025. Having a robust cyber insurance market and ample available coverage is vital to U.S. businesses. In recognition of this reality, the New York Department of Financial Services recently issued the first guidance by a U.S. regulator on cyber insurance—a Cyber Insurance Risk Framework. A key premise of the Framework is to drive improved cybersecurity and cyber risk management, thereby reducing cyberattacks and ensuring that cyber insurance premiums do not spiral out of control. The Framework recognizes the importance of ensuring a healthy cyber insurance market, and applies to all property/casualty insurers that write cyber insurance. Read the court decision
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    Reprinted courtesy of Anne Kelley, Newmeyer Dillion
    Ms. Kelley may be contacted at