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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

    Fairfield Connecticut Building Consultant 10/ 10

    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


    Case Alert Update: SDV Case Tabbed as One of New York’s Top Three Cases to Watch

    Connecticut Federal District Court Again Finds "Collapse" Provisions Ambiguous

    Recent Amendments and Caselaw Affecting the Construction Industry in Texas

    Common Construction Contract Provisions: Indemnity Provisions

    Law Firm Fails to Survive Insurer's and Agent's Motions to Dismiss

    Who's Who Legal Recognizes Two White and Williams Lawyers as Thought/Global Leaders in Insurance and Reinsurance

    Nation’s Top Court Limits EPA's Authority in Clean Air Case

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    Nebraska’s Prompt Pay Act for 2015

    Florida extends the Distressed Condominium Relief Act

    Construction Litigation Roundup: “It’s None of Your Business.”

    Minnesota Civil Engineers Give the State's Infrastructure a "C" Grade for the Second Time

    To Bee or Not to Bee - CA Court Finds Denial of Coverage Based on Exclusion was Premature Where Facts had not been Judicially Determined

    Massachusetts Lawyers Weekly Honors Construction Attorney

    Pending Sales of Existing Homes in U.S. Decline for Eighth Month

    Texas Supreme Court Authorizes Exception to the "Eight-Corners" Rule

    Supplement to New California Construction Laws for 2019

    Ensuing Loss Provision Found Ambiguous

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    Professional Liability and Attorney-Client Privilege Bulletin: Intra-Law Firm Communications

    Client Alert: Absence of a Court Reporter at a Civil Motion Hearing May Preclude Appellate Review

    A Glimpse Into Post-Judgment Collections and Perhaps the Near Future?

    Approaches to Managing Job Site Inventory

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    Contract, Breach of Contract, and Material Breach of Contract

    Southern California Super Lawyers Recognizes Four Snell & Wilmer Attorneys As Rising Stars

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    Coverage Under Builder's Risk Policy Properly Excluded for Damage to Existing Structure Only

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    Case-Shiller Redo Shows Less Severe U.S. Home-Price Slump

    The Construction Lawyer as Counselor

    Waiving The Right to Arbitrate Under Federal Law

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    A Court-Side Seat: Clean Air, Clean Water, Citizen Suits and the Summer of 2022

    The Goldilocks Rule: Panel Rejects Proposed Insurer-Specific MDL Proceedings for Four Large Insurers, but Establishes MDL Proceeding for the Smallest

    Congratulations to Woodland Hills Partner Patrick Au and Senior Associate Ava Vahdat on Their Successful Motion for Summary Judgment!

    You Say Tomato, I Say Tomahto. But When it Comes to the CalOSHA Appeals Board, They Can Say it Any Way They Please

    Eleventh Circuit Rules That Insurer Must Defend Contractor Despite “Your Work” Exclusion, Where Damage Timing Unclear

    Owner’s Slander of Title Claim Against Contractor Recording Four Separate Mechanics Liens Fails Under the Anti-SLAPP Statute

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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. 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 Consultant News & Info
    Fairfield, Connecticut

    White House Seeks $310M To Fix Critical San Diego Wastewater Plant

    December 04, 2023 —
    The Biden administration’s $55.9-billion supplemental funding request to Congress for disaster response and other issues includes $310 million for a project to repair and expand the ailing South Bay International Wastewater Treatment Plant in San Diego, Calif. The plant is part of a repeatedly overwhelmed wastewater treatment system on the U.S.-Mexico border that has allowed untreated sewage flows to foul area beaches. Reprinted courtesy of James Leggate, Engineering News-Record Mr. Leggate may be contacted at leggatej@enr.com Read the full story...

    Meet the Forum's ADR Neutrals: LISA D. LOVE

    March 19, 2024 —
    Company: JAMS Office Location: New York, NY Email: llove@jamsadr.com Website: https://www.jamsadr.com/love/ Law School: Georgetown University Law Center (J.D. 1984) Types of ADR services offered: Arbitration, mediation, neutral evaluation and special master services Affiliated ADR organizations: JAMS, Chartered Institute of Arbitrators, and CPR Geographic area served: Domestic and International Q: Describe the path you took to becoming an ADR neutral. A: I started my legal career practicing law as a complex commercial transactions attorney in the corporate department of a major New York law firm for eleven years. After leaving the firm, I served as chief legal counsel to several municipalities and as co-founding partner of a boutique finance, infrastructure and real estate law firm. Read the full story...
    Reprinted courtesy of Marissa L. Downs, Laurie & Brennan, LLP
    Ms. Downs may be contacted at mdowns@lauriebrennan.com

    Motion for Summary Judgment Gets Pooped Upon

    December 16, 2023 —
    I’ve read some crappy motions over the years, some of which opposing counsel might even attribute to me, but I don’t think I’ve ever written about poop and motions. In Beebe v. Wonderful Pistachio & Almonds LLC, a summary judgment motion filed by a project owner sued by a construction worker for personal injuries caused by bird poop, which in turn caused a nasty fungal infection which spread to his brain, resulted in a not-so-wonderful ending for Wonderful. Read the full story...
    Reprinted courtesy of Garret Murai, Nomos LLP
    Mr. Murai may be contacted at gmurai@nomosllp.com

    Judgment Proof: Reducing Litigation Exposure with Litigation Risk Insurance

    March 04, 2024 —
    It is not just your imagination: verdicts are getting bigger. So-called “nuclear verdicts” have increased in size and frequency over the past decade, particularly after the COVID-19 pandemic. Litigation risk insurance is a little known, but highly effective, option meant to compliment traditional insurance products and provide additional protection for policyholders nervous about litigation exposure. Unfortunately, it is difficult to predict the exposure presented by any particular case. Between 2020 and 2022, the median verdict increased 95%—from $21.5 million to $41.1 million. In 2022, a jury handed down a verdict worth $7.3 billion for injury to a single plaintiff. Even if an injury or loss is minor, juries have shown that they are willing to penalize corporate defendants with punitive damages that significantly exceed the award of compensatory damages. With such uncertainty and millions (if not billions) at stake, companies can reduce risk with litigation risk insurance. Three key types of litigation risk insurance include: (1) punitive wrap insurance, (2) adverse judgment insurance, and (3) judgment preservation insurance. Reprinted courtesy of Latosha M. Ellis, Hunton Andrews Kurth and Charlotte Leszinske, Hunton Andrews Kurth Ms. Ellis may be contacted at lellis@HuntonAK.com Ms. Leszinske may be contacted at cleszinske@HuntonAK.com Read the full story...

    Reasonable Expectations – Pennsylvania’s Case by Case Approach to the Sutton Rule

    February 12, 2024 —
    In Mutual Benefit Ins. Co. a/s/o Michael Sacks v. Koser, No. 1340 MDA 2023, 2023 Pa. Super. LEXIS 574, 2023 PA Super 252 (Mutual Benefit), the Superior Court of Pennsylvania discussed whether a landlord’s property insurer could file a subrogation action against tenants that had negligently damaged the landlord’s property. Despite there being more than one clause in the lease holding the tenants liable for the damages, the court held that because there was a provision requiring the landlord, not the tenants, to insure the leased building, the insurer could not subrogate against the tenants. In Pennsylvania, a tenant’s liability for damage to a leased premises in a subrogation action brought by a landlord’s insurer is determined by the reasonable expectation of the parties to the lease agreement. Under this approach, to determine if subrogation is permitted, the court considers the circumstances of the case and examines the terms of the lease agreement. In Mutual Benefit, the tenants leased and resided in a residential home pursuant to a lease agreement. The lease specifically addressed insurance, stating that landlord was responsible for obtaining insurance on the dwelling and the landlord’s personal property, and tenants were encouraged to procure separate insurance for their personal property. The lease also addressed liability for damage to the leased property, stating generally that the tenants were responsible for damage caused by the tenants’ negligence. Read the full story...
    Reprinted courtesy of Melissa Kenney, White and Williams
    Ms. Kenney may be contacted at kenneyme@whiteandwilliams.com

    The Three L’s of Real Estate Have New, Urgent Meaning

    April 15, 2024 —
    What will it take to make Americans stop rushing headlong into climate peril? Cheaper housing in safer places, for one thing. But maybe big red flags on property listings will help, too. Redfin Corp., the digital real estate company, last week added air-quality data to its listings as part of its “climate risks” feature, which aims to warn homebuyers of the chances their dream home could succumb to a global-warming nightmare. Using data from the climate research firm First Street Foundation, Redfin estimates a property’s current and predicted risk levels for flooding, wildfires, extreme heat, high winds — and now days when the Environmental Protection Agency’s Air Quality Index tops 100, a category known as “unhealthy for sensitive groups.” Read the full story...
    Reprinted courtesy of Mark Gongloff, Bloomberg

    A New Lawsuit Might Change the Real Estate Industry Forever

    December 23, 2023 —
    Last month, a Missouri jury found that real estate brokers colluded to artificially inflate and fix their own commissions, and as a result, ordered the National Association of Realtors to pay $1.8 billion in damages. While the ruling will be appealed, with highly uncertain damages and remedies, the case is shining a light on how participants in the real estate industry get paid, and raising the question of whether homebuyers are paying too much to their brokers. So how do brokers get paid? What are their incentives? And why haven't fees for brokers gone down, even as online platforms that compete with them have proliferated. On this episode of the podcast, we speak with Andra Ghent, a finance professor at the University of Utah and a specialist in real estate who explains how the structure works currently, and how the lawsuit could ultimately change the entire business model of buying and selling homes. This transcript has been lightly edited for clarity. Reprinted courtesy of Tracy Alloway, Bloomberg, Joe Weisenthal, Bloomberg and Aashna Shah, Bloomberg Read the full story...

    EPA Issues New PFAS Standard, Provides $1B for Testing, Cleanup of 'Forever Chemicals'

    April 29, 2024 —
    The Biden administration has announced a two-pronged initiative aimed to reduce exposure, through drinking water, to the “forever chemicals”—perfluoroalkyl and polyfluoroalkyl substances, known as PFAS, which have been linked to cancer and other health problems. Reprinted courtesy of Tom Ichniowski, Engineering News-Record and Debra K. Rubin, Engineering News-Record Mr. Ichniowski may be contacted at ichniowskit@enr.com Ms. Rubin may be contacted at rubind@enr.com Read the full story...