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    Ashburn, Virginia

    Virginia Builders Right To Repair Current Law Summary:

    Current Law Summary: (HB558; H 150; §55-70.1) Warranty extension applicable to single-family but not HOAs: in addition to any other express or implied warranties; It requires registered or certified mail notice to "vendor" stating nature of claim; reasonable time not to exceed six months to "cure the defect".


    Construction Expert Witness Contractors Licensing
    Guidelines Ashburn Virginia

    A contractor's license is required for all trades. Separate boards license plumbing, electrical, HVAC, gas fitting, and asbestos trades.


    Construction Expert Witness Contractors Building Industry
    Association Directory
    Northern Virginia Building Industry Association
    Local # 4840
    3901 Centerview Dr Suite E
    Chantilly, VA 20151

    Ashburn Virginia Construction Expert Witness 10/ 10

    The Top of Virginia Builders Association
    Local # 4883
    1182 Martinsburg Pike
    Winchester, VA 22603

    Ashburn Virginia Construction Expert Witness 10/ 10

    Shenandoah Valley Builders Association
    Local # 4848
    PO Box 1286
    Harrisonburg, VA 22803

    Ashburn Virginia Construction Expert Witness 10/ 10

    Piedmont Virginia Building Industry Association
    Local # 4890
    PO Box 897
    Culpeper, VA 22701

    Ashburn Virginia Construction Expert Witness 10/ 10

    Fredericksburg Area Builders Association
    Local # 4830
    3006 Lafayette Blvd
    Fredericksburg, VA 22408

    Ashburn Virginia Construction Expert Witness 10/ 10

    Augusta Home Builders Association Inc
    Local # 4804
    PO Box 36
    Waynesboro, VA 22980

    Ashburn Virginia Construction Expert Witness 10/ 10

    Blue Ridge Home Builders Association
    Local # 4809
    PO Box 7743
    Charlottesville, VA 22906

    Ashburn Virginia Construction Expert Witness 10/ 10


    Construction Expert Witness News and Information
    For Ashburn Virginia


    2018 Construction Outlook: Mature Expansion, Deceleration in Some Sectors, Continued Growth in Others

    Home Builders Wear Many Hats

    Suspend the Work, but Don’t Get Fired

    Trump’s Infrastructure Weak

    Application of Efficient Proximate Cause Doctrine Supports Coverage

    Communications between Counsel and PR Firm Hired by Counsel Held Discoverable

    Georgia Court Rules that Separate Settlements Are Not the End of the Matter

    The Sky is Falling! – Or is it? Impacting Lives through Addressing the Fear of Environmental Liabilities

    Homebuyers Get Break as Loan Rates Defy Fed Tapering: Mortgages

    Forecast Sunny for Solar Contractors in California

    Delay In Noticing Insurer of Loss is Not Prejudicial

    Ninth Circuit Construes Known Loss Provision

    Mediation Confidentiality Bars Malpractice Claim but for How Long?

    Was Jury Right in Negligent Construction Case?

    Florida Condos Bet on Americans Making 50% Down Payments

    Boston Water Main Break Floods Trench and Kills Two Workers

    Ninth Circuit Upholds Corps’ Issuance of CWA Section 404 Permit for Newhall Ranch Project Near Santa Clarita, CA

    In a Win for Property Owners California Court Expands and Clarifies Privette Doctrine

    Builder’s Be Wary of Insurance Policies that Provide No Coverage for Building: Mt. Hawley Ins. Co v. Creek Side at Parker HOA

    Landmark San Diego Hotel Settles Defects Suit for $6.4 Million

    Brooklyn’s Industry City to Get $1 Billion Modernization

    Insurer's Daubert Challenge to Insured's Expert Partially Successful

    Home Sales Going to Investors in Daytona Beach Area

    Managing Infrastructure Projects with Infrakit – Interview with Teemu Kivimäki

    Is the Sky Actually Falling (on Green Building)?

    5 Ways Equipment Financing is Empowering Small Construction Businesses

    Fire Tests Inspire More Robust Timber Product Standard

    Construction Defects Lead to Demolition

    Why You Make A Better Wall Than A Window: Why Policyholders Can Rest Assured That Insurers Should Pay Legal Bills for Claims with Potential Coverage

    Court Says KBR Construction Costs in Iraq were Unreasonable

    FEMA Offers to Review Hurricane Sandy Claims

    AFL-CIO Joins in $10 Billion Infrastructure Plan

    London Shard Developer Wins Approval for Tower Nearby

    Insurer’s Optional Appeals Process Does Not Toll Statute of Limitations Following Unequivocal Written Denial

    In Construction Your Contract May Not Always Preclude a Negligence Claim

    Appeals Court Explains Punitive Damages Awards For Extreme Reprehensibility Or Unusually Small, Hard-To-Detect Or Hard-To-Measure Compensatory Damages

    Bad Faith Claim for Inadequate Investigation Does Not Survive Summary Judgment

    Bank Sues over Defective Windows

    How Construction Contracts are Made. Hint: It’s a Bit Like Making Sausage

    DIR Reminds Public Works Contractors to Renew Registrations Before January 1, 2016 to Avoid Hefty Penalty

    Coverage for Faulty Workmanship Found In South Dakota

    Napa Quake, Flooding Cost $4 Billion in U.S. in August

    Illinois Appellate Court Affirms Duty to Defend Construction Defect Case

    New York Building Boom Spurs Corruption Probe After Death

    Residential Construction: Shrinking Now, Growing Later?

    Can General Contractors Make Subcontractors Pay for OSHA Violations?

    Court’s Ruling on SB800 “Surprising to Some”

    As Single-Family Homes Get Larger, Lots Get Smaller

    School District Settles Over Defective Athletic Field

    District Court denies Carpenters Union Motion to Dismiss RICO case- What it Means
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    ASHBURN VIRGINIA CONSTRUCTION EXPERT WITNESS
    DIRECTORY AND CAPABILITIES

    The Ashburn, Virginia Construction Expert Witness Group at BHA, leverages from the experience gained through more than 5,500 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 Ashburn'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.

    Construction Expert Witness News & Info
    Ashburn, Virginia

    Ambiguity Kills in Construction Contracting

    February 15, 2018 —
    Well, I’m back and hope to have a more consistent publishing schedule moving forward. I appreciate the continued readership through what has been a busy time for my solo construction practice over the last couple of months. Now, back to our program. . . Here at Construction Law Musings, I have often beaten the drum of a solid contract that leaves as little as possible to chance or the dreaded “grey areas” where we construction lawyers like to make money. An example of the issues that can arise from ambiguity can be found in a case from 2017 in the Western District of Virginia, W.C. English, Inc. v. Rummel, Klepper & Kahl, LLP et al Read the court decision
    Read the full story...
    Reprinted courtesy of Christopher G. Hill – The Law Officeof Christopher G. Hill, PC

    Massachusetts High Court to Decide if Insurers Can Recoup Defense Costs

    February 07, 2018 —
    The Massachusetts Supreme Judicial Court (SJC) is set to hear argument on February 6 in a case that will decide whether insurers can recoup defense costs if it is later determined that they owed no duty to defend an underlying claim. At issue in Holyoke Mut. Ins. Co. v. Vibram USA, Inc., No SJC-12401, is Read the court decision
    Read the full story...
    Reprinted courtesy of Craig O'Neill, White and Williams, LLP
    Mr. O'Neill may be contacted at oneillc@whiteandwilliams.com

    Ninth Circuit: Speculative Injuries Do Not Confer Article III Standing

    February 28, 2018 —
    As Dwight Schrute of hit NBC show “The Office” said, “identity theft is not a joke, Jim! Millions of families suffer every year!” In response, Congress has passed a variety of legislation over the years aimed at curbing identity theft. One such piece of legislation, the Fair Credit Reporting Act (“FCRA”), as amended by corollary acts, prohibits the printing of more than the last 5 digits of the credit card number or the credit card number’s expiration date on any sales receipt. Anyone who “willfully fails to comply with [the requirements] is liable to that consumer” for statutory or actual damages, attorney’s fees and costs, and potential punitive damages. But is a statutory violation of the FCRA alone a sufficient injury to confer Article III standing? No, says the Ninth Circuit. Reprinted courtesy of Omar Parra, Haight, Brown & Bonesteel LLP and Lawrence S. Zucker II , Haight, Brown & Bonesteel LLP Mr. Parra may be contacted at oparra@hbblaw.com Mr. Zucker may be contacted at lzucker@hbblaw.com Read the court decision
    Read the full story...
    Reprinted courtesy of

    Contractors: Consult Your Insurance Broker Regarding Your CGL Policy

    February 15, 2018 —

    Contractors: do yourself a favor and consult your insurance broker regarding your commercial general liability (CGL) policy. Do this now, especially if you subcontract out work.

    CGL policies contain a “your work” exclusion. The CGL policy is written such that it excludes “‘property damage’ to ‘your work’ arising out of it or any part of it and included in the ‘products-completed operations hazard.’” This exclusion will be raised in the post-completion latent construction defect scenario. (There are other exclusions that will be raised to a defect discovered during construction.) Certain policies will contain a subcontractor exception to this “your work” exclusion. You WANT this exception- no doubt about it so that this exclusion does not apply to work performed by your subcontractors. Without this subcontractor exception, truth be told, this “your work” exclusion is a total back-breaker to contractors. It will give your insurer an immediate out for many latent defect property scenarios since excluded from coverage is property damage to your work including work performed by your subcontractors.

    Read the court decision
    Read the full story...
    Reprinted courtesy of David Adelstein, Florida Construction Legal Updates
    Mr. Adelstein may be contacted at dadelstein@gmail.com

    The General Assembly Seems Ready to Provide Some Consistency in Mechanic’s Lien Waiver

    March 14, 2018 —
    Back in 2015, the Virginia General Assembly amended the mechanic’s lien statute (Va. Code 43-3) here in Virginia to preclude any contractual provision that diminishes a subcontractor or supplier’s “lien rights in a contract in advance of furnishing any labor, services, or materials.” However, this amendment was only applicable to subcontractors and suppliers. For political and other reasons, general contractors in Virginia were left out of this change. This omission by the legislature put Virginia general contractors in the position of potentially being forced by project owners to waive their mechanic’s lien rights without the ability to run that risk downstream to their subcontractors and suppliers. Read the court decision
    Read the full story...
    Reprinted courtesy of Christopher G. Hill, The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at chrisghill@constructionlawva.com

    Arizona – New Discovery Rules

    May 16, 2018 —
    Effective July 1, 2018 New Rules of Civil Procedure are taking effect in Arizona on July 1, 2018. The new Rules will change how discovery works in civil litigation in the state. Here is a sneak peek at the changes that will impact your file handling the most: Tiered Discovery
    • How much discovery is allowed in a case will now depend on the amount and type of relief sought
    • Cases will be assigned to one of three tiers
    • Parties can agree on a tier assignment, the court can assign a tier, or a tier can be assigned based on the amount of damages, or a combination of monetary and non-monetary damages
    Read the court decision
    Read the full story...
    Reprinted courtesy of John Belanger, Bremer Whyte Brown & O'Meara LLP
    Mr. Belanger may be contacted at jbelanger@bremerwhyte.com

    Pennsylvania Sues Firms to Recoup Harrisburg Incinerator Losses

    June 06, 2018 —
    The state of Pennsylvania continues to try to recover funds from professional firms involved in the city of Harrisburg’s disastrous incinerator project in the early 2000’s and has named, Buchart Horn, Inc., an engineering, architecture and planning firm based in York, Pa. as a defendant. Read the court decision
    Read the full story...
    Reprinted courtesy of Jonathan Barnes, ENR
    ENR staff may be contacted at ENR.com@bnpmedia.com

    Exculpatory Provisions in Business Contracts

    May 30, 2018 —
    An exculpatory provision in a contract is a provision that relieves one party from liability for damages. It shifts the risk of an issue entirely to the other party. Such a provision is generally drafted by the party preparing the contract that is looking to eliminate or disclaim liability associated with a particular risk, oftentimes a risk within their control. These provisions are also known as limitation of liability provisions because they do exactly that — limit liability as to a risk. For this reason, they can be useful provisions based on the context of certain risks, and are provisions that are included in business contracts (such as construction contracts). While such clauses are disfavored, they are enforceable if they are drafted clearly, unambiguously, and unequivocally. If they are unclear, ambiguous, or equivocal, they will construed against enforcement. See Obsessions In Time, Inc. v. Jewelry Exchange Venture, LLP, 43 Fla.L.Weekly D1033a (Fla. 3d DCA 2018) (finding exculpatory clause in lease ambiguous and, therefore, unenforceable as to lessor looking to benefit from the exculpatory clause). Read the court decision
    Read the full story...
    Reprinted courtesy of David Adelstein, Florida Construction Legal Updates
    Mr. Adelstein may be contacted at dadelstein@gmail.com