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    Fairfield, Connecticut

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

    Fairfield Connecticut Building Expert 10/ 10

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

    Fairfield Connecticut Building Expert 10/ 10

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

    Fairfield Connecticut Building Expert 10/ 10

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

    Fairfield Connecticut Building Expert 10/ 10

    Home Builders Association of NW Connecticut
    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 Expert News and Information
    For Fairfield Connecticut

    Home Construction Slows in Las Vegas

    Homeowners Sued for Failing to Disclose Defects

    Art Dao, Executive Director of the Alameda County Transportation Commission, Speaks at Wendel Rosen’s Infrastructure Forum

    Arizona Supreme Court Confirms a Prevailing Homeowner Can Recover Fees on Implied Warranty Claims

    Why a Challenge to Philadelphia’s Project Labor Agreement Would Be Successful

    Following Pennsylvania Trend, Federal Court Finds No Coverage For Construction Defect

    You Are Your Brother’s Keeper. Direct Contractors in California Now Responsible for Wage Obligations of Subcontractors

    What Are The Most Commonly Claimed Issues In Construction Defect Litigation?

    Colorado Construction-Defects Reform Law Attempt Expected in 2015

    Private Project Payment Bonds and Pay if Paid in Virginia

    Harmon Tower Construction Defects Update: Who’s To Blame?

    The Comcast Project is Not Likely to Be Shut Down Too Long

    DEP Plan to Deal with Noxious Landfill Fumes Met with Criticism

    Court Holds That Trimming of Neighbor’s Trees is Not an Insured Accident or Occurrence

    New Nafta Could Settle Canada-U.S. Lumber War, Resolute CEO Says

    Eleventh Circuit Reverses Attorneys’ Fee Award to Performance Bond Sureties in Dispute with Contractor arising from Claim against Subcontractor Performance Bond

    Strict Liability or Negligence? The Proper Legal Standard for Inverse Condemnation caused by Water Damage to Property

    AB 1701 – General Contractor Liability for Subcontractors’ Unpaid Wages

    The Hidden Dangers of Construction Defect Litigation: A Redux

    American Council of Engineering Companies of California Selects New Director

    Construction Defect Settlement in Seattle

    Texas Supreme Court: Breach of Contract Not Required to Prevail on Statutory Bad Faith Claim

    Temporary Obstructions Are a Permanent Problem Under the Americans with Disabilities Act

    Pennsylvania: Searching Questions Ahead of Oral Argument in Domtar

    Gut Feeling Does Not Disqualify Expert Opinion

    White House Hopefuls Make Pitches to Construction Unions

    Decline in Home Construction Brings Down Homebuilder Stocks

    Can an Architect, Hired by an Owner, Be Sued by the General Contractor?

    Subcontractor Not Estopped from Enforcing Lien Not Listed In Bankruptcy Petition

    North Carolina Exclusion j(6) “That Particular Part”

    Changes and Extra Work – Is There a Limit?

    Settlement between IOSHA and Mid-America Reached after Stage Collapse Fatalities

    Pollution Created by Business Does Not Deprive Insured of Coverage

    Deductibles Limited to Number of Suits Filed Against Insured, Not Number of Actual Plaintiffs

    SNC-Lavalin’s Former Head of Construction Pleads Guilty to Bribery, Money Laundering

    Washington State Updates the Contractor Registration Statute

    AB5, Dynamex, the ABC Standard, and their Effects on the Construction Industry

    Coverage Denied for Insured's Defective Product

    Hurdles with Triggering a Subcontractor Performance Bond

    California Commission Recommends Switching To Fault-Based Wildfire Liability Standard for Public Utilities

    Granting Stay, Federal Court Reviews Construction Defect Coverage in Hawaii

    Nine Firm Members Recognized as Super Lawyers and Rising Stars

    Owners Should Serve Request for Sworn Statement of Account on Lienor

    A Look Back at the Ollies

    Sanctions of $1.6 Million Plus Imposed on Contractor for Fabricating Evidence

    Perovskite: The Super Solar Cells

    Quick Note: Lis Pendens Bond When Lis Pendens Not Founded On Recorded Instrument Or Statute

    Reminder: Always Order a Title Search for Your Mechanic’s Lien

    Nine Newmeyer & Dillion Attorneys Recognized as Southern California Super Lawyers

    N.J. Appellate Court Applies Continuous Trigger Theory in Property Damage Case and Determines “Last Pull” for Coverage
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    Leveraging from more than 5500 construction defect and claims related expert witness designations, the Fairfield, Connecticut Building Expert 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 Expert News & Info
    Fairfield, Connecticut

    Insurer Must Pay for Matching Siding of Insured's Buildings

    December 02, 2019 —
    The Seventh Circuit found that the insurer was obligated to pay for siding of a building that was not damaged by hail so that it matched the replaced damaged portions of the siding. Windridge of Naperville Condominium Association v. Philadelphia Indem. Ins. Co., 2019 U.S. App. 23607 (7th Cir. Aug. 7, 2019). A hail and wind storm damaged buildings owned by Windridge. The storm physically damaged the aluminum siding on the buildings' sought and west sides. Philadelphia Indemnity, Windridge's insurer, contended that it was only required to replace the siding on those sides. Windridge argued that replacement siding that matched the undamaged north and east elevations was no longer available, so Philadelphia had to replace the siding on all four sides of the buildings to that all of the siding matched. Windridge sued and moved for summary judgment. The district court ruled that matching was required. The only sensible result was to treat the damage as having occurred to the building's siding as a whole. The policy was a replacement-cost policy. Philadelphia promised to "pay for direct physical 'loss' to 'Covered Property' caused by or resulting from" the storm, with the amount of loss being "the cost to replace the lost or damaged property with other property . . . of comparable material and quality . . . and . . . used for the same purpose." The loss payment provision offered four different measures for loss, leaving Philadelphia free to choose the least expensive: (1) pay the value of the lost or damaged property; (2) pay the cost of repairing or replacing the lost or damaged property; (3) take all or any part of the property at an agreed or appraised value; or (4) repair, rebuild or replace the property with other property of like kind and quality. Read the court decision
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    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at

    El Paso Increases Surety Bond Requirement on Contractors

    April 25, 2011 —

    The city of El Paso has recently increased surety bonds required of contractors from $10,000 to $50,000, according to the El Paso Times. Proponents of the increase believe it was necessary to protect homeowners from fly-by-night builders, while opponents argue that the increase will have an adverse effect on an industry in that is already suffering due to the economic slowdown.

    Arguments for and against the increase have been flooding the blogosphere with their views. Christian Dorobantescu on the Small Business Entrepreneur Blog claims that “only about 15% of the city’s 2,500 contractors had been able to secure a higher bond to remain eligible for work after the new requirements were announced.” However, insurance companies have a different take. “From a surety broker standpoint, most contractors will be able qualify for the bond; some will just have to pay higher premium rates to obtain it,” a recent post on the Surety1 blog argues.

    While the increased bond may help homeowners deal with construction defect claims, it is not clear what effect it will have on builders in El Paso.

    Read more from the El Paso Times

    Read more from the Small Business Entrepreneur Blog…

    Read more from the Surety1 Blog…

    Read the court decision
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    Reprinted courtesy of

    Reminder: A Little Pain Now Can Save a Lot of Pain Later

    April 28, 2016 —
    I know, you think you hear it enough from me here at Construction Law Musings. I am seemingly constantly beating the drum of early advice from a construction attorney and the benefits of spending a bit of money now to avoid spending a lot of money later. I do this because real world examples of both the costs of failing to prepare early and the benefits of following this advice abound. An example of the costs of failing to prepare early can be found at the Construction Payment where the zLien folks discuss a New Hampshire case where a contractor lost two thirds of its potential damages because it did not properly set out the contractual terms and what was to be included in contractual damages. Without any clear line to go on, the Court found liability against the NHDOT for negligent misrepresentation and could only award damages up to a cap that was approximately a third of the damages awarded by the jury and about half of what the trial court had determined to be the damages. Read the court decision
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    Reprinted courtesy of Christopher G. Hill, Law Office of Christopher G. Hill, PC
    Mr. Hill may be contacted at

    Convictions Obtained in Las Vegas HOA Fraud Case

    March 19, 2015 —
    The Las Vegas Review-Journal reported that a jury “convicted four defendants charged in the massive scheme to take over and defraud homeowners associations.” Convicted defendants included former Benzer attorney Keith Gregory, Benzer’s half-sister Edith Gillespie, Salvatore Ruvolo, and David Ball. According to the Las Vegas Review-Journal, “Prosecutors contended the multimillion-dollar scheme was carried out between 2003 and 2009 by former construction company boss Leon Benzer and the late construction defects lawyer Nancy Quon. Benzer has since pleaded guilty. Quon committed suicide in 2012 under the weight of the high-profile investigation.” Read the court decision
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    Reprinted courtesy of

    A Bill for an Act Concerning Workers’ Compensation – 2014 Edition

    January 13, 2014 —
    Workers’ compensation (“WC”) costs are a significant portion of the labor costs experienced by construction companies. These costs have typically risen over time due to the “experience modification factor.” This term means the amortized cost of past claims recovered through future premiums charged by an insurer to an employer. As a company’s claims go up in both number of claims and total expense of claims over time, the experience modifier increases as a multiplier of the base WC premium. As with other general medical costs, the question is not whether the cost of claims with a medical component will go up, but rather the rate at which they will increase from year to year. It is with these facts of life in mind that it is reported that the Colorado legislature will take up a bill concerning WC benefits in the 2014 session. This bill, if passed, will have the likely effect of dramatically increasing the cost of WC claims to the construction industry - along with all other Colorado employers. The draft bill has three distinct changes for the current law, each of which serves to change the delicate balance of rights and obligations of employers and employees under existing law. Read the court decision
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    Reprinted courtesy of W. Berkeley Mann, Esq.
    W. Berkeley Mann, Esq. can be contacted at

    Construction Up in Northern Ohio

    October 02, 2013 —
    Crain’s Cleveland Business reports that both commercial and residential construction have seen spending increases in the last twelve months. The gain was only 5.4%, but it’s still welcome in the area. “It’s been quiet so long, it wouldn’t take much to generate an upturn,” according to Tom Laird, of Gilbane Building Co. Some of the upturn comes from new building at universities and hospitals, but the corporate sector is also starting new project. Finally, the city of Cleveland is looking for proposals to develop parcels on their waterfront. Still, some are wary. “It might just be a bubble,” said Jason Jones, the general manager of Turner Construction’s Cleveland office. Read the court decision
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    Reprinted courtesy of

    Boilerplate Contract Language on Permits could cause Problems for Contractors

    March 19, 2014 —
    Craig Martin on his blog Construction Contractor Advisor discusses the potential problems for a contractor that a “boilerplate contract” could cause: “A recent case revealed the problems a contractor had with permits when the contractor’s estimate contemplated an easy permitting process and compliance, but in actuality it was much, much more difficult.” Martin cites the case Bell/Heery v. United States, where a contractor discovered that the permit process would be much more time-consuming and expensive than originally planned. When Bell/Heery asked for additional funds to cover the additional costs, the “contracting officer rejected the request, finding that Bell/Heery had assumed the risk of the permitting process and it was liable for any costs associated with the permitting process and construction methods required by the permitting process.” “Bell/Heery appealed to the Court of Claims,” but lost the battle. The contractor had to absorb $7 million in costs to comply with the required permits. Read the court decision
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    Reprinted courtesy of

    Builders Beware: Smart Homes Under Attack by “Hide ‘N Seek” Botnet

    October 30, 2018 —
    German manufacturer eQ-3 has found itself under siege by a botnet known as "Hide 'N Seek." This pernicious malware has infected tens of thousands of eQ-3's smart home devices by compromising the device's central control unit. Once a device has been infected, the malware spreads to other Internet of Things ("IoT") devices connected to the same wireless network. IoT devices have become the prime target for botnet attacks. As opposed to computers, laptops, or other larger computing devices, the smaller storage capacity and lower processing power of IoT devices limit the amount and complexity of the security measures that can be installed—making them an easier target for botnets. What is a Botnet? For those unfamiliar with the term, a botnet is a network of devices infected with a malware program allowing the infector to control and/or exploit the devices. Once a suitable number of devices are infected, the person or group controlling the botnet can harness the computing power of each infected device to perform activities which were previously constrained by a single device's capabilities (i.e. DDoS attacks, spamming, cryptocurrency mining, etc.). Hide 'N Seek – History and Capabilities The Hide 'N Seek botnet first appeared in January 2018 and has since spread rapidly. Its sophisticated design and capabilities have captivated the attention of many security watchdogs and researchers. While many botnets are designed to be "quick and dirty" (i.e. infect a few devices, eke out a little profit, and inevitably be cleared out or rendered ineffective by security updates and fixes), Hide 'N Seek was designed to maintain itself in the host's system indefinitely. When it was first released, Hide 'N Seek primarily targeted certain routers and internet-enabled security cameras; however, it has now began targeting digital video recorders, database servers, and most recently, smart home hubs. Hide 'N Seek's communication capabilities are also more advanced than previous botnets. Previous botnets relied on existing communications protocols to communicate with other another, but Hide 'N Seek uses a custom-built peer-to-peer system to communicate. This advancement allows Hide 'N Seek to spread more rapidly than previous botnets. Hide 'N Seek is also capable of extracting a device owner's personal information (i.e. name, address, e-mail, telephone numbers, etc.) whereas previous botnets were not. Most importantly, Hide 'N Seek is consistently updated to increase its infection rate, decrease its detection probability, and bypass any security measures designed to detect and remove it from the system. This modularity has proved to be Hide 'N Seek's greatest strength. Protecting Against Hide 'N Seek and Other Botnets While many of the precautions will undoubtedly come from the device manufactures vis-à-vis software programming and updates, homebuilders can still take some precautions to protect their customers.
    1. When selecting a smart home system to incorporate into a home's construction, be sure to evaluate its security features including, but not limited to its: wireless connectivity, password/passphrase requirements, interconnectedness with other IoT devices, etc. Third-party reviews from tech-oriented outlets will likely have useful information on a device's security measures, vulnerabilities, and any recent security compromises.
    2. Be vigilant in installing any eQ-3 smart home systems. The extent of the damage caused by Hide 'N Seek botnet remains unknown, as does damage from other potentially-infected technology. Thus, it may be prudent to avoid installing any eQ-3 device until it becomes evident that the threat has been neutralized and all security vulnerabilities have been remedied.
    3. If a builder uses technology other than eQ-3, precautions must be taken. Ensure that technology providers are thoroughly researched. It is also recommended to include strong contractual indemnity provisions, and require vendors to carry cyber-specific insurance policies.
    4. Homebuilders should consider purchasing their own stand alone cyber liability policies as a safety net, should potential exposure arise.
    Scott Satkin and Amtoj Randhawa are associates in the Cybersecurity group of Newmeyer & Dillion. Focused on helping clients navigate the legal dispute implications of cybersecurity, they advise businesses on implementing and adopting proactive measures to prevent and neutralize cybersecurity threats. For questions on how they can help, contact Scott at and Amtoj at Read the court decision
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