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    Expert Witness Engineer Builders Information
    Fairfield, Connecticut

    Connecticut Builders Right To Repair Current Law Summary:

    Current Law Summary: Case law precedent

    Expert Witness Engineer Contractors Licensing
    Guidelines Fairfield Connecticut

    License required for electrical and plumbing trades. No state license for general contracting, however, must register with the State.

    Expert Witness Engineer Contractors Building Industry
    Association Directory
    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

    Fairfield Connecticut Expert Witness Engineer 10/ 10

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

    Fairfield Connecticut Expert Witness Engineer 10/ 10

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

    Fairfield Connecticut Expert Witness Engineer 10/ 10

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

    Fairfield Connecticut Expert Witness Engineer 10/ 10

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

    Fairfield Connecticut Expert Witness Engineer 10/ 10

    Expert Witness Engineer News and Information
    For Fairfield Connecticut

    Partners Nicole Whyte and Karen Baytosh are Selected for Inclusion in Best Lawyers 2021 and Nicole Nuzzo is Selected for Inclusion in Best Lawyers: Ones to Watch

    Latosha Ellis Joins The National Black Lawyers Top 40 Under 40

    2017 Legislative Changes Affecting the Construction Industry

    The Fair Share Act Impacts the Strategic Planning of a Jury Trial

    Additional Dismissals of COVID Business Interruption, Civil Authority Claims

    How Mushrooms Can Be Used To Make Particle Board Less Toxic

    The Indemnification Limitation in Section 725.06 does not apply to Utility Horizontal-Type Projects

    McGraw Hill to Sell off Construction-Data Unit

    U.S. Building Permits Soared to Their Highest Level in Nearly Eight Years

    Alabama Court Upholds Late Notice Disclaimer

    Negligence Against a Construction Manager Agent

    Partner Bradley T. Guldalian Secures Summary Judgment Win for National Hotel Chain

    The Evolution of Construction Defect Trends at West Coast Casualty Seminar

    Ruling Closes the Loop on Restrictive Additional Insured Endorsement – Reasonable Expectations of Insured Builder Prevails Over Intent of Insurer

    Three Construction Workers Injured at Former GM Plant

    AB 1701 – General Contractor Liability for Subcontractors’ Unpaid Wages

    Client Alert: Court Settles Conflict between CCP and Rules of Court Regarding Demurrer Deadline Following Amended Complaint

    As the Term Winds Down, Several Important Regulatory Cases Await the U.S. Supreme Court

    Alarm Cries Wolf in California Case Involving Privette Doctrine

    BIM Legal Liabilities: Not That Different

    Land Planners Not Held to Professional Standard of Care

    Life After McMillin: Do Negligence and Strict Liability Causes of Action for Construction Defects Still Exist?

    Flow-Down Clauses Can Drown Your Project

    Guardrail Maker Defrauded U.S. of $175 Million and Created Hazard, Jury Says

    Nevada Supreme Court Declares Subcontractor Not Required to Provide Pre-Litigation Notice to Supplier

    Construction Workers Face Dangers on the Job

    Another Case Highlighting the Difference Between CGL Policies and Performance Bonds

    Preparing the Next Generation of Skilled Construction Workers: AGC Workforce Development Plan

    Terms of Your Teaming Agreement Matter

    U.S. Housing Starts Top Forecast on Single-Family Homes

    Preliminary Notice Is More Important Than Ever During COVID-19

    Why You May Not Want a Mandatory Mediation Clause in Your Construction Contract

    Corps Proposes $4.6B Plan to Steel Miami for Storm Surge

    COVID-19 Response: Essential Business Operations: a High-Stakes Question Under Proliferating “Stay at Home” Orders

    Landmark Contractor Licensing Case Limits Disgorgement Remedy in California

    School District Settles Construction Lawsuit with Additional Million

    Risk Spotter Searches Internal Data Lakes For Loaded Words

    Does a No-Damage-for-Delay Clause Also Preclude Acceleration Damages?

    Mexico’s Construction Industry Posts First Expansion Since 2012

    Surety's Settlement Without Principal's Consent Is Not Bad Faith

    Lawsuits over Roof Dropped

    Quick Note: Not In Contract With The Owner? Serve A Notice To Owner.

    Diggin’ Ain’t Easy: Remember to Give Notice Before You Excavate in California

    Research Institute: A Shared Information Platform Reduces Construction Costs Considerably

    California Supreme Court Hands Victory to Private Property Owners Over Public Use

    Two Architecturally Prized Buildings May be Demolished

    Verdict In Favor Of Insured Homeowner Reversed For Improper Jury Instructions

    North Carolina Court Rules In Favor Of All Sums

    Is Arbitration Always the Answer?

    Lewis Brisbois’ Houston Office Selected as a 2020 Top Workplace by the Houston Chronicle
    Corporate Profile


    The Fairfield, Connecticut Expert Witness Engineer Group is comprised from a number of credentialed construction professionals possessing extensive trial support experience relevant to construction defect and claims matters. Leveraging from more than 25 years experience, BHA provides construction related trial support and expert services to the nation's most recognized construction litigation practitioners, Fortune 500 builders, commercial general liability carriers, owners, construction practice groups, and a variety of state and local government agencies.

    Expert Witness Engineer News & Info
    Fairfield, Connecticut

    Be a Good Neighbor: Techniques to Mitigate the Risk of Claims from Adjacent Landowners

    December 07, 2020 —
    In May 2020, a real estate developer performing excavation work in New York was sued by a neighboring property owner for property damage. A court overturned an injunction preventing the developer from continuing excavation work after reviewing a preconstruction assessment that showed the damage to the neighboring property was preexisting—not caused by the excavation (see Feldman v. 3588 Nostrand Ave. LLC as an example) A preconstruction assessment is one of the most important tools in the arsenal of a developer protecting itself from neighbors bringing claims for property damage. Part two of this series will review the benefits of risk mitigation tools recommended for developers such as postconstruction assessments and monitoring during construction. Preconstruction Assessment Overview A preconstruction assessment is a review of a property adjacent to a site where demolition and/or construction activities are to take place. The goal of the assessment is to establish baseline conditions by conducting an inspection of buildings and infrastructure, including identification of existing damage to improvements, so that causation of any alleged damages can be more easily determined. Reprinted courtesy of Joshua Levy, Josh Neudorfer & Madeleine Bailey, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Mr. Levy may be contacted at Mr. Neudorfer may be contacted at Read the court decision
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    Deadlines. . . They’re Important. Project Owner Risks Losing Claim By Failing to Timely Identify “Doe” Defendant

    December 21, 2020 —
    Earlier this year I filed a complaint in a court which I won’t identify other than to say that it wasn’t the San Francisco Superior Court. Immediately upon filing the complaint the Court gave notice of a trial date. As counsel for the party bringing the action, I appreciate this, as it eliminates the back and forth jostling that can sometimes occur when trying to get a trial date. Here’s the kicker though. While I appreciate getting a trial date straight out of the gate. The date I got was . . . wait for it . . . not until 2022! Those who litigate in California state courts know that the courts are understaffed and overworked. But you’ve got to give this un-named court credit for being upfront. Forget the “well, let’s see where this goes” niceties. Trial within a year? Fugetaboutit. Trial within a year and a half. Don’t even think about it. Trial within two years. It’s about as good as you’re going to get. Read the court decision
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    Reprinted courtesy of Garret Murai, Nomos LLP
    Mr. Murai may be contacted at

    AB 685 and COVID-19 Workplace Exposure: New California Notice and Reporting Requirements of COVID Exposure Starting January 1, 2021

    February 01, 2021 —
    SUMMARY Effective January 1, 2021, a new California law requires employers to notify employees about possible or known exposure to COVID-19 at the workplace. The law requires actual notification to employees within one day. In addition, the law requires notifications to local public health authorities of a COVID-19 outbreak. The law also gives Cal/OSHA a new emergency police power to issue Orders Prohibiting Use (“OPU”), permitting Cal/OSHA to close workplaces that constitute an imminent hazard to employees due to COVID-19. ANALYSIS AND GUIDANCE On January 1, 2021, a new California law took effect, which will enforce stringent new mandatory protocols governing notification of employees of COVID-19 exposures in the workplace. Until now, federal agencies such as the Occupational Safety and Health Administration (“OSHA”) and state agencies such as the California Division of Occupational Safety and Health Administration (“Cal/OSHA”) have released guidance to help employers navigate employee training, workplace surveillance and temperature-taking, among many other issues, that have arisen during the COVID-19 pandemic. Beginning January 1st, the new law places mandatory notice requirements of COVID-19 contact on all public and private employers under Labor Code Section 6409.6, with two exceptions: (1) health facilities, as defined in Section 1250 of the Health and Safety Code and (2) employees whose regular duties include COVID-19 testing or screening, or who provide patient care to individuals who are known or suspected to have COVID-19. Reprinted courtesy of Sewar K. Sunnaa, Peckar & Abramson, P.C. and Nathan A. Cohen, Peckar & Abramson, P.C. Ms. Sunnaa may be contacted at Mr. Cohen may be contacted at Read the court decision
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    Lane Construction Sues JV Partner Skanska Over Orlando I-4 Project

    February 08, 2021 —
    One of Florida’s most troubled construction projects is now in court, with one partner in a design-build joint venture pitted against another. Reprinted courtesy of Scott Judy, Engineering News-Record Mr. Judy may be contacted at Read the full story... Read the court decision
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    Additional Elements a Plaintiff Must Plead and Prove to Enforce Restrictive Covenant

    April 19, 2021 —
    Florida Statute s. 542.335 is a statute that deals with restrictive covenants in contracts that impose a restraint on trade. It is an important statute to determine invalid restraints on trade that unreasonably or unfairly prevent competition. Any invalid restraint on trade is unenforceable. Restrictive covenants–or covenants in agreements that restrict you or prevent you from doing something–may unsuspectingly be included in contracts or the impact of the restrictive covenant may not be appreciated at the onset. A party seeking to enforce a restrictive covenant in a contract has the additional burden of PROVING the validity and reasonableness of the restrictive covenant:
    Under section 542.335, three requirements must be satisfied for a restrictive covenant to be enforceable: (1) the restrictive covenant must be “set forth in a writing signed by the person against whom enforcement is sought”; (2) the party seeking to enforce the restrictive covenant “shall plead and prove the existence of one or more legitimate business interests justifying the restrictive covenant”; and (3) the party seeking to enforce the restrictive covenant “shall plead and prove that the contractually specified restraint is reasonably necessary to protect the legitimate business interest or interests justifying the restriction.”
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    Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
    Mr. Adelstein may be contacted at

    Allocating Covered and Uncovered Damages in Jury Verdict

    March 01, 2021 —
    When a liability insurer defends an insured from a third-party claim, they oftentimes do so under a reservation of rights. A reservation of rights letter is issued to the insured that identifies certain coverage exclusions or reservations relative to the insurance policy that may impact the insurer’s duty to indemnify the insured for damages. In other words, just because the insurer is defending its insured does not mean it will be indemnifying its insured for damages asserted in the third-party claim.
    Under Florida law, the party claiming insurance coverage has the initial burden to show that a settlement or judgment represents damages that fall within the coverage provisions of the insurance policy. An insured’s inability to allocate the amount of a judgment between covered and uncovered damages is therefore generally fatal to its indemnification claim. However, the burden of apportioning or allocating between covered and uncovered damages in a general jury verdict may be shifted to the insurer if the insurer did not adequately make known to the insured the availability and advisability of a special verdict. QBE Specialty Ins. Co. v. Scrap Inc., 806 Fed.Appx. 692, *695 (11th Cir. 2020) (internal citations omitted).
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    Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
    Mr. Adelstein may be contacted at

    Judgment Stemming from a Section 998 Offer Without a Written Acceptance Provision Is Void

    March 22, 2021 —
    In Mostafavi Law Group, APC v. Larry Rabineau, APC (B302344, Mar. 3, 2021), the California Court of Appeal, Second Appellate District (Los Angeles), addressed an issue of first impression: whether the purported acceptance of a Code of Civil Procedure section 998 (“section 998”) offer lacking an acceptance provision gives rise to a valid judgment. The appellate court held that a section 998 offer to compromise (“998 Offer”) without an acceptance provision is invalid and any judgment stemming from it is void. In Mostafavi Law Group, plaintiffs sued defendants for defamation per se, among other claims, which was litigated at-length over several years. Defendants served plaintiffs with a written 998 Offer, offering to settle the action for the sum of $25,000.01. The 998 Offer did not specify the manner in which plaintiffs were to accept the offer. Within the statutory time period for acceptance, plaintiffs’ counsel hand-wrote the following onto the 998 Offer: “Plaintiff Mostafavi Law Group, APC accepts the offer.” That day, plaintiffs also filed a notice of acceptance of the 998 Offer, along with proof thereof, and sent a copy to defendants. The next day, having received the notice of acceptance, defendants advised plaintiffs that they would “draft and send . . . a settlement agreement for . . . signature” before paying the settlement funds. Reprinted courtesy of Arezoo Jamshidi, Haight Brown & Bonesteel LLP, Stevie B. Newton, Haight Brown & Bonesteel LLP and Lawrence S. Zucker II, Haight Brown & Bonesteel LLP Ms. Jamshidi may be contacted at Mr. Newton may be contacted at Mr. Zucker may be contacted at Read the court decision
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    Can You Really Be Liable For a Product You Didn’t Make? In New Jersey, the Answer is Yes

    December 14, 2020 —
    New Jersey has recently expanded liability for product distributors and manufacturers to products that the distributor/manufacturer did not make or sell. This alert discusses this new law and steps that distributors and manufacturers may consider to reduce their potential liability. In Whelan v. Armstrong International, Inc., the New Jersey Supreme Court held that distributors and manufacturers can be strictly liable for injuries caused by replacement parts added after the point of sale which had not been manufactured or sold by any of the defendants in the case. In Whelan, the defendants’ products had originally been sold with asbestos-containing parts. Mr. Whelan, the plaintiff, argued that asbestos-containing replacement parts were required to repair and maintain the products. The court found that because the products were designed with asbestos-containing parts, “[d]efendants had a duty to provide warnings given the foreseeability that third parties would be the source of asbestos-containing replacement components.” (Emphasis added). This reasoning, based on “foreseeability,” should give pause to all product distributors and manufacturers—even those who do not make or sell products that contain asbestos. Certainly distributors and manufacturers of products with asbestos-containing parts must take heed that they may now be liable for replacement parts that they neither manufactured nor sold. This alone is a significant holding that expands potential liability. Reprinted courtesy of James Burger, White and Williams LLP and Robert Devine, White and Williams LLP Mr. Burger may be contacted at Mr. Devine may be contacted at Read the court decision
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