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

    Fairfield Connecticut Expert Witness Engineer 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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    Home Builders Association of Hartford Cty Inc
    Local # 0755
    2189 Silas Deane Hwy
    Rocky Hill, CT 06067

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    Local # 0710
    110 Brook St
    Torrington, CT 06790

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    Expert Witness Engineer News and Information
    For Fairfield Connecticut

    Nevada Bill Aims to Reduce Legal Fees For Construction Defect Practitioners

    Court Rules in Favor of Treasure Island Developers in Environmental Case

    Doctrine of Avoidable Consequences as Affirmative Defense

    Ohio Court Finds No Coverage for Construction Defect Claims

    Incorporation, Indemnity and Statutes of Limitations, Oh My!

    Don’t Sign a Contract that Doesn’t Address Covid-19 (Or Pandemics and Epidemics)

    Golf Resorts Offering Yoga, Hovercraft Rides to the Green

    Steps to Curb Construction Defect Actions for Homebuilders

    Appeals Court Affirms Civil Engineer Owes No Duty of Care to General Contractor

    Are Construction Defect Laws a Factor in Millennials Home Buying Decisions?

    Real Property Alert: Recording Notice of Default as Trustee Before Being Formally Made the Trustee Does Not Make Foreclosure Sale Void

    Ben L. Aderholt Joins Coats Rose Construction Litigation Group

    Employee or Independent Contractor? New Administrator’s Interpretation Issued by Department of Labor Provides Guidance

    Sustainability Puts Down Roots in Real Estate

    Trump Sues Casinos to Get Conditions Fixed or Name Off

    Court Rules on a Long List of Motions in Illinois National Insurance Co v Nordic PCL

    California Cracking down on Phony Qualifiers

    Contractor Sues Yelp Reviewer for Defamation

    Contractor Allegedly Injured after Slipping on Black Ice Files Suit

    Differences in Types of Damages Matter

    General Contractors Have Expansive Common Law and Statutory Duties To Provide a Safe Workplace

    Beware: Hyper-Technical Labor Code Violations May Expose Employers to Significant Claims for Penalties under the Labor Code California Private Attorneys General Act of 2004 (PAGA)

    Detect and Prevent Construction Fraud

    Purely “Compensatory” Debts Owed by Attorneys to Clients (Which Are Not Disciplinary or Punitive Fees Imposed by the State Bar) Are Dischargeable In Bankruptcy

    Bar Against Forum Selection Clauses in Construction Contracts Extended to Design Professionals

    White House’s New Draft Guidance Limiting NEPA Review of Greenhouse Gas Impacts Is Not So New or Limiting

    Guidance for Structural Fire Engineering Making Its Debut

    Insurance Company Prevails in “Chinese Drywall” Case

    World Green Building Council Calls for Net-Zero Embodied Carbon in Buildings by 2050

    Global Insurer Agrees to Pay COVID-19 Business Interruption Claims

    Construction Defect Coverage Barred Under Business Risk Exclusion in Colorado

    Risk Spotter Searches Internal Data Lakes For Loaded Words

    Washington Court Limits Lien Rights of Construction Managers

    Haight’s 2020 San Diego Super Lawyers and Rising Stars

    Naughty or Nice. Contractor Receives Two Lumps of Coal in Administrative Dispute

    No Coverage for Installation of Defective Steel Framing

    Supreme Court Grants Petition for Review Regarding Necessary Parties in Lien Foreclosure Actions

    Virtual Mediation – How Do I Make It Work for Me?

    Sometimes a Reminder is in Order. . .

    San Francisco House that Collapsed Not Built to Plan

    Fourth Circuit Issues New Ruling on Point Sources Under the CWA

    Glendale City Council Approves Tohono O’odham Nation Casino

    'Perfect Storm' Caused Fractures at San Francisco Transit Hub

    Corps of Engineers to Prepare EIS for Permit to Construct Power Lines Over Historic James River

    Exclusion Does Not Bar Coverage for Injury To Subcontractor's Employee

    Condo Owners Allege Construction Defects

    Insurer Rejecting Construction Defect Claim Must Share in Defense Costs

    Wall Street’s Favorite Suburban Housing Bet Is Getting Crowded

    Rio de Janeiro's Bursting Real-Estate Bubble

    Seller Faces Federal Charges for Lying on Real Estate Disclosure Forms
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    Leveraging from more than 7,000 construction defect and claims related expert witness designations, the Fairfield, Connecticut Expert Witness Engineer Group provides a wide range of trial support and consulting services to Fairfield's most acknowledged construction practice groups, CGL carriers, builders, owners, and public agencies. Drawing from a diverse pool of construction and design professionals, BHA is able to simultaneously analyze complex claims from the perspective of design, engineering, cost, or standard of care.

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    Fairfield, Connecticut

    Pinterest Nixes Big San Francisco Lease Deal in Covid Scaleback

    September 21, 2020 —
    Pinterest Inc. canceled a large office lease at a building to be constructed near its San Francisco headquarters, marking one of the most significant moves yet by a big tech company to scale back real estate plans in the city amid the Covid-19 pandemic. “As we analyze how our workplace will change in a post-Covid world, we are specifically rethinking where future employees could be based,” Todd Morgenfeld, Pinterest’s chief financial officer and head of business operations, said in a statement Friday. The social-sharing service is paying an $89.5 million termination fee to terminate its lease for 490,000 square feet (45,500 square meters) of space. It will keep its existing offices in the city. Read the court decision
    Read the full story...
    Reprinted courtesy of Sophie Alexander, Bloomberg

    OIRA Best Practices for Administrative Enforcement and Adjudicative Actions

    November 23, 2020 —
    On March 2, 2020, the Environmental Protection Agency revised its “On-Site Civil Inspection Procedures” in accordance with Executive Order 13892 . (The rules are located at 40 CFR Part 31.) These rules set forth the components of an appropriate inspection procedure. Briefly, the rules require that, after the inspector’s credential are made available, the object of the inspection will be discussed (and most inspections will be held during regular working hours), consent to enter must be obtained, there should be an opening and a closing conference with facility representatives, safety protocols must be observed, confidential business information must be protected, and there will be an opportunity for split sampling. Once the report is completed, it will be shared with the facility. A few months later, on August 31, 2020, the Office of Management and Budget’s Office of Information and Regulatory Affairs (OIRA) circulated a memo to the heads of all federal agencies to implement the principles of fairness in administrative enforcement and adjudication. This directive implements Executive Order 13924, and includes a comprehensive list of “best practices” that should be employed in their administrative enforcement and adjudicative actions. Briefly, these best practices (which are framed in broad terms) are: 1. The government has the burden of proving a violation of the rules or other authorities; Read the court decision
    Read the full story...
    Reprinted courtesy of Anthony B. Cavender, Pillsbury
    Mr. Cavender may be contacted at

    The Future of Pandemic Coverage for Real Estate Owners and Developers

    November 09, 2020 —
    Shutdowns resulting from the COVID-19 pandemic have prompted an unprecedented number of business income and business interruption insurance claims. Many claims have resulted in litigation and require judicial intervention to determine whether private insurance carriers owe policyholders indemnification for pandemic related losses. Private insurance carriers that have denied the claims, in large part, argue that they did not underwrite coverage for the pandemic and assert that pandemic coverage is much too unpredictable to underwrite. Private carriers contend that a government-backed insurance program is necessary to mitigate the economic impact resulting from pandemic claims. The COVID-19 pandemic has significantly impacted real estate owners and developers. Real estate owners and developers have sustained business income losses in the form of lost rents at commercial properties, service disruption, labor and/ or material shortages, to name a few. Questions about whether the virus caused “direct physical damage,” as well as whether specific “virus exclusions” on policies, have provided hurdles to coverage under existing schemes, click here.Those that have filed lawsuits against their insurers seeking coverage under current policy terms are having mixed results, at best. Click here to view SDV’s Litigation Tracker. A predictable source of indemnification for future pandemic-related losses would greatly relieve business disruption and, ultimately, the impact on the economy. However, the question remains, who will pay for such massive losses? Read the court decision
    Read the full story...
    Reprinted courtesy of Ashley McWilliams, Saxe Doernberger & Vita
    Ms. McWilliams may be contacted at

    Quick Note: Discretion in Determining Prevailing Party for Purposes of Attorney’s Fees

    January 25, 2021 —
    In prior articles I have discussed that courts apply the significant issues test to determine the prevailing party for purposes of being entitled to attorney’s fees. A party that recovers an affirmative judgement is NOT the de facto prevailing party for purposes of an entitlement to attorney’s fees in a breach of contract action (or a construction lien foreclosure action). This was the issue in a recent appeal discussed here where the party that recovered an affirmative judgment on a breach of contract case was not deemed the prevailing party for purposes of attorney’s fees. While the party prevailed on one of its claims, it did not prevail on others, and it recovered less than half of the damages it originally sought. The appellate court, affirming the trial court, held that the trial court has discretion to determine that the party that recovered an affirmative judgement was not the prevailing party entitled to its attorney’s fees under the signifiant issues test. This was not what the party was expecting when the attorney’s fees it expended far exceeded the judgment it recovered. Read the court decision
    Read the full story...
    Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
    Mr. Adelstein may be contacted at

    Proximity Trace Used to Monitor, Maintain Social Distancing on $1.9-Billion KCI Airport Project

    September 07, 2020 —
    In order to maintain social distancing on site, steel erector National Steel City of Plymouth, Mich., is using the Proximity Trace wearable sensor from Triax Technologies on the $1.9-billion Kansas City International Airport (KCI) single-terminal reconstruction project. Jeff Yoders, Engineering News-Record Mr. Yoders may be contacted at Read the full story... Read the court decision
    Read the full story...
    Reprinted courtesy of

    MDL Panel Grants Consolidation for One Group of COVID-19 Claims

    November 02, 2020 —
    Previously denying consolidation of all COVID-19 business interruption claims [post here], the Judicial Panel on Multidistrict Litigation allowed consolidation of one group of cases against Society Insurance Company while denying consolidation of four other groups of cases. In re Soc'y Ins. Co. COVID-19 Bus. Interruption Protection Ins. Litigation, 2020 U.S. Dist. LEXIS 183678 (J.P.M.L. Oct. 2, 2020). Claims against Society encompassed 34 actions filed in Illinois, Indiana, Iowa, Minnesota, Wisconsin, and Tennessee. The court found that centralization of the Society actions would serve the convenience of the parties and witnesses and further the just and efficient conduct of the litigation. The actions shared common factual allegations that Society wrongfully denied policy holders' claims for business interruption coverage. Plaintiffs contended that Society preemptively decided to deny their claims. Read the court decision
    Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at

    Champagne Wishes and Caviar Dreams. Unlicensed Contractor Takes the Cake

    August 31, 2020 —
    Before the Kardashians, before Empire, before Crazy Rich Asians there was Lifestyles of the Rich and Famous with Robin Leach. The next case, Moore v. Teed, Case No. A153523 (April 24, 2020), 1st District Court of Appeals, is about the unfulfilled wishes and dashed dreams of the $13 million dollar “fixer upper.” Moore v. Teed The $13 Million Dollar “Fixer Upper” Justin Moore just wanted to buy a house in San Francisco. But he couldn’t afford one in the neighborhoods he preferred. But in 2011, luck struck, when Moore met Richard Teed, a real estate agent with “over 25 years of experience as a building contractor,” “an extensive background in historic restorations” and a “deep understanding of quality construction.” Teed told Moore that he could locate a “lower-priced fixer-upper in a choice neighborhood and then renovate it.” Moore was sold. Read the court decision
    Read the full story...
    Reprinted courtesy of Garret Murai, Nomos LLP
    Mr. Murai may be contacted at

    Engineering, Architecture, and Modern Technology – An Interview with Dr. Jakob Strømann-Andersen

    September 14, 2020 —
    We sat down with Dr. Jakob Strømann-Andersen of Henning Larsen’s Sustainability Engineering Department. Our talk covered the need for interdisciplinary research, sustainable practice, and how technology will lead change in the years ahead. Can you tell us a bit about your professional background and what you’re currently working on? I’m a partner with Henning Larsen and work with around 300 architects globally. We’re based in Copenhagen where we’re 200 people strong, with branches throughout the world. I’m a trained engineer with a civil engineering background – making me the first partner that’s not an architect. I’ve been with the company for 15 years and joined as an industrial research Ph.D. in Denmark. For my first three years here, I was employed as a researcher doing research and energy-efficient building design. And that’s where we started with our approach to sustainability. Read the court decision
    Read the full story...
    Reprinted courtesy of Aarni Heiskanen, AEC Business
    Mr. Heiskanen may be contacted at