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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

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

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    Local # 0755
    2189 Silas Deane Hwy
    Rocky Hill, CT 06067

    Fairfield Connecticut Building Consultant 10/ 10

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    Local # 0710
    110 Brook St
    Torrington, CT 06790

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    Local # 0700
    3 Regency Dr Ste 204
    Bloomfield, CT 06002

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    Building Consultant News and Information
    For Fairfield Connecticut


    Weslaco, Texas Investigating Possible Fraudulent Contractor Invoices

    Insurer Not Bound by Decision in Underlying Case Where No Collateral Estoppel

    Homebuilders Call for Housing Tax Incentives

    Personal Injury Claims – The Basics

    Appeals Court Overruled Insured as Additional Insured on Subcontractor’s Commercial General Liability Policy

    Indemnity Clauses—What do they mean, and what should you be looking for?

    New Notary Language For Mechanics Lien Releases and Stop Payment Notice Releases

    Subcontractor Not Estopped from Enforcing Lien Not Listed In Bankruptcy Petition

    BWBO Celebrating Attorney Award and Two New Partners

    Insurance for Defective Construction Now in Third Edition

    Crews Tested By Rocky Ground, Utility Challenges

    Jury Convicts Ciminelli, State Official in Bid-Rig Case

    Rise in Single-Family Construction Anticipated in Michigan

    Maximizing Contractual Indemnity Rights: Insuring the Indemnitor's Obligation

    You Don’t Have To Be a Consumer to Assert a FDUTPA Claim

    Warning! Danger Ahead for Public Entities

    Flint Water Crisis Prompts Call for More Federal Oversight

    $24 Million Verdict Against Material Supplier Overturned Where Plaintiff Failed to Prove Supplier’s Negligence or Breach of Contract Caused an SB800 Violation

    California Bullet Train Clears Federal Environmental Approval

    Federal Miller Act Payment Bond Claim: Who Gets Paid and Who Does Not? What Are the Deadlines?

    Specific Performance of an Option Contract to Purchase Real Property is Barred Absent Agreement on All Material Terms

    Supreme Court of New Jersey Reviews Statutes of Limitation and the Discovery Rule in Construction Defect Cases

    Drowning of Two Boys Constitutes One Occurrence

    Meet the Hipster Real Estate Developers Building for Millennials

    California Supreme Court Confirms the Right to Repair Act as the Exclusive Remedy for Seeking Relief for Defects in New Residential Construction

    Not So Universal Design Fails (guest post)

    Fire Damages Unfinished Hospital Tower at NYU Langone Medical Center

    Hirer Liable for Injury to Subcontractor’s Employee Due to Failure to Act, Not Just Affirmative Acts, Holds Court of Appeal

    New York Bars Developers from Selling Condos due to CD Fraud Case

    Insurer's Withheld Discovery Must be Produced in Bad Faith Case

    Insurer's Motion for Summary Judgment in Collapse Case Denied

    Pennsylvania: Searching Questions Ahead of Oral Argument in Domtar

    Congratulations 2016 DE, MA, NJ, NY and PA Super Lawyers and Rising Stars

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    Corporate Profile

    FAIRFIELD CONNECTICUT BUILDING CONSULTANT
    DIRECTORY AND CAPABILITIES

    Leveraging from more than 5500 construction defect and claims related expert witness designations, the Fairfield, Connecticut Building Consultant 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.

    Building Consultant News & Info
    Fairfield, Connecticut

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

    July 15, 2019 —
    Snell & Wilmer is pleased to announce that four attorneys in the Orange County and Los Angeles offices have been selected for inclusion in the 2019 Southern California Rising Stars list. Steffi Gascón Hafen, Estate Planning and Probate Hafen is a Certified Specialist in Estate Planning, Trust and Probate Law, California Board of Legal Specialization. Her practice is concentrated in tax, trust, and estate matters with emphasis in estate planning, trust and probate administration, and estate and gift taxation. Irina Ling, Tax Ling's practice is concentrated in estate planning and taxation matters. She has experience assisting clients with all aspects of estate and tax planning, including advising clients on various charitable giving devices and business succession. Irina also assists clients with estate and gift tax issues, property tax issues, and probate and trust administration. Joshua Schneiderman, Mergers and Acquisitions Schneiderman advises clients on a wide range of transactional matters, including mergers and acquisitions, joint ventures and public and private offerings of debt and equity securities. He advises clients on matters related to franchising, including the establishment of new franchise systems and the expansion of existing franchise systems nationally and internationally. Jeffrey Singletary, Business Litigation Singletary concentrates his practice on business litigation in state and federal courts. He represents clients in matters involving breach of contract, business competition torts, real estate, public and private construction projects, and various intellectual property litigation matters, including trademark, trade dress, trade secret and patent claims. Read the court decision
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    Reprinted courtesy of

    Construction Reaches Half-Way Point on San Diego's $2.1 Billion Mid-Coast Trolley

    May 06, 2019 —
    Project officials for the $2.1-billion Mid-Coast Trolley in San Diego recently celebrated the halfway point of construction. The event was held at the construction staging yard near the Voigt Drive Trolley station, where workers gather for their morning briefings. Read the court decision
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    Reprinted courtesy of Greg Aragon, ENR
    ENR may be contacted at ENR.com@bnpmedia.com

    Construction Continues To Boom Across The South

    September 09, 2019 —
    Contractors reported revenue growth of $2 billion in 2018 and are optimistic heading into the second half of 2019. The looming threat of a downturn, though, weighs heavy on some industry leaders’ minds as does the constant threat of workforce shortages. Reprinted courtesy of Louise Poirier, Engineering News-Record Ms. Poirier may be contacted at poirierl@enr.com Read the court decision
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    Techniques for Resolving Construction Disputes

    September 16, 2019 —
    With most construction projects involving dozens, if not hundreds, of companies and individuals, it is no surprise that conflicts arise that are not always able to be resolved on the jobsite. But these conflicts need not always reach the court room or cost thousands (or much more) to resolve. With some planning, contractors can build faster and less expensive dispute resolution options into their project so they can spend more time keeping the project moving and less time arguing over who is right. Even for modest-sized projects, a multi-tiered approached to dispute resolution can be helpful. As a first level of dispute resolution, consider requiring the relevant parties to attend informal or formal mediation. The benefits of even an informal mediation is that it can get stalemated parties to the table to talk again. Formal mediation adds the benefit of a neutral third-party who can help get talks moving or help antagonistic parties communicate. Further, mediation allows each side an opportunity to hear what the other side is looking for to resolve the dispute. Not only is this valuable in reaching a compromise, but it also gives each side an idea of what the other will bring to the table in any subsequent litigation. Finally, there are many ways to implement these procedures. General contractors can require pre-suit mediation with their subcontractors to resolve one-on-one disputes but should also consider requiring subcontractors to use pre-suit mediation to resolve disputes between subcontractors or between subcontractors and sub-subcontractors or material suppliers if the dispute threatens the progress at the project. Reprinted courtesy of Jason Lambert, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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    What is a Subordination Agreement?

    May 06, 2019 —
    Put simply, a subordination agreement is a legal agreement which establishes one debt as ranking behind another debt in the priority for collecting repayment from a debtor. It is an arrangement that alters the lien position. Without a subordination clause, loans take chronological priority which means that a deed of trust recorded first will be considered senior to all deeds of trusts recorded after. As such, the oldest loan becomes the primary loan, with first call on any proceeds from a sale of a property. However, a subordination agreement acknowledges that one party’s claim or interest is inferior to that of another party in the event that the borrowing entity liquidates its assets. Further, shareholders are subordinate to all creditors. The junior debt is referred to as a “subordinated debt”, and the debt which has a higher claim to any assets is the senior debt. Often, the borrower does not have enough funds to pay all debts, and lower priority debts may receive little or no repayment. For example, if a business has $400,000 in senior debt, $100,000 in subordinated debt, and a total asset value of $420,000, upon liquidation of the company, only the senior debtholder will be paid in full. The remaining $20,000 will be distributed among the subordinated debtholders. Subordinated debts are, therefore, riskier and lenders will require a higher interest rate as compensation. Read the court decision
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    Reprinted courtesy of Bremer Whyte Brown & O'Meara LLP

    Certificates Of Merit For NC Lawsuits Against Engineers And Architects? (Still No)(Law Note)

    April 22, 2019 —
    Certificates of Merit are documents intended to show that a true issue exists with a professional’s work, prior to that person being sued. While North Carolina does require that a person suing a medical provider first have the matter reviewed by a professional (and attest to that in the Complaint), there is no requirement for any review prior to a lawsuit against an architect, engineer, or surveyor. Thus, anyone can file a lawsuit against an engineer/architect/surveyor without first having their case eyeballed reviewed by another professional. Over the years, there have been attempts at adding a Certificate of Merit requirement to design professional lawsuits. See, for example, examples here: from 2005; from 2007; from 2011; and from 2013. Read the court decision
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    Reprinted courtesy of Melissa Dewey Brumback, Ragsdale Liggett PLLC
    Ms. Brumback may be contacted at mbrumback@rl-law.com

    Locating Construction Equipment with IoT and Mobile Technology

    May 13, 2019 —
    It can take hours, or even days, to find a specific scissor lift on a large construction site – multiply that with hundreds of machines on the site and, then, you grasp the scale of the dilemma. Three companies joined forces to test an IoT solution that could fix the problem, cost-efficiently. Ramirent is a construction equipment rental and service firm that operates in nine European countries. It uses digital tools and services to add value to its customers and improve the efficiency of construction operations. In November 2018, Ramirent, SRV, and Kaltiot completed a test on promising technology that is used to locate construction equipment indoors. The experiment took place in Helsinki and was partly funded by the national KIRA-digi digitalization project. Setting up the Test Tomi Anttila, Development Manager at Ramirent Finland Oy, explained that they chose scissor lifts as a test subject for a particular reason: “They are an essential tool in construction. Whenever you have to work flexibly above the floor level – doing HVACE installations, for example – you need a movable lift. On our test site, REDI, there were over 150 lifts at any moment.” Read the court decision
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    Reprinted courtesy of Aarni Heiskanen, AEC Business
    Mr. Heiskanen may be contacted at aec-business@aepartners.fi

    2019 Legislative Session

    June 03, 2019 —
    Two bills under consideration as the end of the session nears contain significant changes to Colorado’s Consumer Protection Act (“CCPA”). The bills broaden remedies, make more conduct a breach of the CCPA, and include purely private transactions in the type of conduct that falls within the scope of the CCPA. The bills are House Bill 19-1289 (“House Bill”) and Senate Bill 19-237 (“Senate Bill”). As of April 29, 2019, the House Bill has passed the House. The Senate Bill has not progressed past introduction. It is unclear if both houses of the legislature will have an opportunity to vote on either or both bills before the session ends. The House Bill makes a person liable for CCPA violations based on conduct engaged in “recklessly,” not just knowing conduct. No definition of the term “recklessly” is provided in the House Bill, but Colorado’s attorney general testified “recklessly” “means a company or person acted with reckless disregard for the truth.” (Page 2). No explanation was given of what the word “reckless” in the definition of “recklessly” meant in this context. Another provision of the House Bill adds a “catch all” prohibition that labels as a deceptive trade practice knowingly or recklessly engaging in any unfair, unconscionable, deceptive, deliberately misleading, false or fraudulent act or practice. There is no indication how a person could “recklessly” engage in “deliberately misleading” acts or practices. Read the court decision
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    Reprinted courtesy of Steve Heisdorffer, Higgins, Hopkins, McLain & Roswell
    Mr. Heisdorffer may be contacted at heisdorffer@hhmrlaw.com