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    Construction Expert Witness Builders Information
    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

    Apartment Projects Fuel 13% Jump in U.S. Housing Starts

    Building Down in November, Even While Home Sales Rise

    Bay Area Firm Offers Construction Consulting to Remodels

    Pennsylvania Supreme Court Rules that Insurance Salesman had No Fiduciary Duty to Policyholders

    Residential Building Sector: Peaking or Soaring?

    Dispute Over Exhaustion of Primary Policy

    Obtaining Temporary Injunction to Enforce Non-Compete Agreement

    Quick Note: Be Careful with Pay if Paid Clauses (Both Subcontractors and General Contractors)

    Architectural Democracy – Interview with Pedro Aibéo

    Iowa Apartment Complex Owners Awarded Millions for Building Defects

    Connecticut Supreme Court to Review Several Issues in Asbestos Coverage Case

    The Great Fallacy: If Builders Would Just Build It Right There Would Be No Construction Defect Litigation

    Construction Defects not Creating Problems for Bay Bridge

    Arizona Rooftop Safety: Is it Adequate or Substandard?

    Legislative Changes that Impact Construction 2017

    Efficient Proximate Cause Doctrine Bars Coverage for Collapse of Building

    KF-103 v. American Family Mutual Insurance: Tenth Circuit Upholds the “Complaint Rule”

    New Jersey School Blames Leaks on Construction Defects, May Sue

    Construction Defect Journal Seeks Article Submissions Regarding SB800 and Other Builders Right to Repair Laws

    Federal Judge Dismisses Insurance Coverage Lawsuit In Construction Defect Case

    There's No Such Thing as a Free House

    Court Orders House to be Demolished or Relocated

    How SmartThings Wants to Automate Your Home

    Fracking Fears Grow as Oklahoma Hit by More Earthquakes Than California

    NJ Condo Construction Defect Case Dismissed over Statute of Limitations

    New Spending Measure Has Big Potential Infrastructure Boost

    Home Sales and Stock Price Up for D. R. Horton

    Claim for Vandalism Loss Survives Motion to Dismiss

    Nevada HOA Criminal Investigation Moving Slowly

    Sureties and Bond Producers May Be Liable For a Contractor’s False Claims Act Violations

    Insurer Not Entitled to Summary Judgment on Water Damage Claims

    New Washington Law Nixes Unfair Indemnification in Construction Contracts

    DEP Plan to Deal with Noxious Landfill Fumes Met with Criticism

    Sixth Circuit Rejects Claim for Reverse Bad Faith

    Ex-Corps Worker Pleads Guilty to Bribery on Afghan Contract

    How Many Homes have Energy-Efficient Appliances?

    Lower Manhattan Condos Rival Midtown’s Luxury Skyscrapers

    Colorado “occurrence”

    Architects and Engineers Added to Harmon Towers Lawsuit

    Is New York Heading for a Construction Defect Boom?

    Newmeyer & Dillion Attorneys Selected to Best Lawyers in America© Orange County and as Attorneys of the Year 2018

    No Coverage for Foundation Collapse

    Heathrow Tempts Runway Opponents With $1,200 Christmas Sweetener

    The Oregon Tort Claims Act (“OTCA”) Applies When a Duty Arises from Statute or Common Law and is Independent from The Terms of a Specific Contract. (OR)

    Assignment of Construction Defect Claims Not Covered

    Eighth Circuit Considers Judicial Estoppel in Hazardous Substance Release-Related Personal Injury Case

    Construction Defects Not Occurrences under Ohio Law

    Number of Occurrences Depends on Who is Sued

    Contractors: Beware the Subordination Clause

    Communications between Counsel and PR Firm Hired by Counsel Held Discoverable
    Corporate Profile


    The Ashburn, Virginia Construction Expert Witness Group is comprised from a number of credentialed construction professionals possessing extensive trial support experience relevant to construction defect and claims matters. Leveraging from this considerable body of 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.

    Construction Expert Witness News & Info
    Ashburn, Virginia

    The ARC and The Covenants

    May 30, 2018 —
    For this week’s Guest Post Friday here at Musings, we welcome back Mike Collignon. Mike is a co-founder of the Green Builder Coalition. The Green Builder® Coalition amplifies the voice of green builders and professionals to drive advocacy and education for more sustainable building practices. As we start to see signs of a housing recovery, slow as it may be, I feel the industry is in a great position. All the effort put in by so many to improve our energy codes, green building programs & rating systems will finally be able to bear fruit. We can start to build homes that are much more environmentally responsible. Sure, we can have a lengthy debate about implementation and adoption rates, but you’ve got to walk before you can run. Unfortunately, I can see that progress getting shackled by an unexpected impediment: the architectural review committee (ARC; sometimes called “architectural committee” or “architectural control authority”) and the covenants of a homeowners’ association. Read the court decision
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    Reprinted courtesy of Christopher G. Hill, The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at

    Insurer Must Pay To Defend Product Defect Claims From Date Of Product Installation

    January 31, 2018 —
    An Iowa federal court recently ruled that an insurer must pay its policyholder’s defense costs from the date of installation of the allegedly faulty product, even though the underlying suits failed to allege when damage purportedly occurred. The ruling opens the door under each of the policyholder’s successive liability policies from 2000 to 2008, allowing the policyholder to recover millions of dollars in defense costs. The policyholder sought summary judgment concerning the date(s) on which the insurer’s defense obligation was triggered by fourteen of the fifteen claims asserted against it. The policyholder argued that the duty attached from the moment property damage potentially occurred, meaning the time when the underlying claimant installed or potentially could have installed the windows at issue in the underlying claims. The policyholder cited to the following evidence to support its claim: actual dates of installation (where available), dates of delivery, purchase or manufacture of the windows; and policy period referenced in the insurer’s claims notes as being potentially implicated by the claim. Reprinted courtesy of Michael S. Levine, Hunton & Williams and Brittany M. Davidson, Hunton & Williams Mr. Levine may be contacted at Ms. Davidson may be contacted at Read the court decision
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    Reprinted courtesy of

    Residential Contractors, Be Sure to Have these Clauses in Your Contracts

    May 16, 2018 —
    I have often “mused” on the need to have a good solid construction contract at the beginning of a project. While this is always true, it is particularly true in residential contracting where a homeowner may or may not know the construction process or have experience with large scale construction. Often you, as a construction general contractor, are providing the first large scale construction that the homeowner has experienced. For this reason, through meetings and the construction contract, setting expectations early and often is key. As a side note to this need to set expectations, the Virginia Department of Professional and Occupational Regulation (DPOR) and the Virginia General Assembly require certain clauses to be in every residential construction contract. DPOR strictly enforces these contractual items and failure to put them in your contracts can lead to fines, penalties and possibly even revocation of a contractor’s license. Read the court decision
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    Reprinted courtesy of Christopher G. Hill, The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at

    Comparing Contracts: A Review of the AIA 201 and ConsensusDocs - Part II

    March 28, 2018 —
    Part II of this three-part series compares and analyzes important contract sections in the AIA 201 (2007 and 2017 versions) and ConsensusDocs (2014 and 2017 versions), including Schedule/Time, Consequential Damages/LDs, Claims and Disputes/ADR. Part I covered Financial Assurances, Design Risk, Project Management and Contract Administration. Part III will cover Insurance and Indemnification and Payment. SCHEDULE/TIME Relevant Sections:
    • 2007 & 2017 A201: Section 3.10.1
    • 2014 & 2017 ConsensusDocs: Section 6.2
    • Section 3.10.1 of the 2007 A201 requires that the Contractor promptly after being awarded the Contract, prepare and submit a construction schedule providing for Work to be completed within the time limits required in the Contract Documents.
    • This schedule shall be revised at appropriate intervals.
    • The 2017 edition breaks down the schedule to contain date of commencement, interim milestone dates, date of substantial completion, apportionment of Work by trade or building system, and the time required for completion of each portion of the Work.
    • Under section 3.10.2 of the 2007 and 2017 versions, if the Contractor fails to provide a submittal schedule, the Contractor is not entitled to any additional compensation or a time extension based on the Owner’s or the Architect’s slow processing of submittals, regardless of how long they take.
    ConsensusDocs 200:
    • The 2017 Contract replaces the term Contract Time and instead requires a “Schedule of the Work…formatted in detailed precedence-style critical path method that (a) provides a graphic representation of all activities and events, including float values that will affect the critical path of the Work and (b) identifies dates that are critical to ensure timely and orderly completion of the Work.”
    • The Constructor must submit an initial schedule to the Owner only before, “first application for payment” and thereafter on a monthly basis. (Section 6.2.1).
    • The Owner is allowed to change the sequences provided in the schedule as long as it does not “unreasonably interfere with the Work.” (Section 6.2.2).
    Reprinted courtesy of Michael Sams , Kenney & Sams and Amanda Cox, Kenney & Sams Read the court decision
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    Reprinted courtesy of

    What Types of “Damages Claims” Survive a Trustee’s Sale?

    February 28, 2018 —
    Introduction Arizona’s trustee’s sale statutory scheme provides for the waiver of all defenses and objections to a trustee’s sale that: (i) are not raised prior to the sale, and (ii) do not result in an injunction against the sale going forward. See A.R.S. § 33-811(C). In other words, if you have an objection to a trustee’s sale, you must seek and obtain an injunction prior to the sale or your objection will be waived. Arizona’s Court of Appeals previously held that notwithstanding this statutory waiver, “common law” defenses to repayment of the debt survive a non-judicial foreclosure even in the absence of an injunction prior to the sale. See Morgan AZ Financial, L.L.C. v. Gotses, 235 Ariz. 21, 326 P.3d 288 (Ct. App. 2014). Our analysis of the Morgan decision can be found here. In Zubia v. Shapiro, 243 Ariz. 412, 408 P.3d 1248 (2018), the Arizona Supreme Court revisited the issue of what claims survive a trustee’s sale, and clarified that if a person fails to enjoin a trustee’s sale prior to its occurrence, then that person waives any and all damages claims dependent upon a trustee’s sale. That person does not, however, waive damages claims that are independent of the sale. Thus, determining what types of claims are “dependent” versus “independent” of a trustee’s sale is of critical importance to lenders and borrowers alike. Read the court decision
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    Reprinted courtesy of Ben Reeves, Snell & Wilmer
    Mr. Reeves may be contacted at

    Las Vegas Student Housing Developer Will Name Replacement Contractor

    February 15, 2018 —
    More than four months after construction abruptly stopped on a $76-million student housing project for the University of Nevada at Las Vegas, the developer is seeking a new contractor. Read the court decision
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    Reprinted courtesy of John Guzzon, Engineering News- Record
    Mr. Guzzon may be contacted at

    Negligence Against a Construction Manager Agent

    March 22, 2018 —

    Can a construction manager-agent / owner’s representative hired directly by the owner be liable to the general contractor in negligence? An argument likely posited by many general contractors on projects gone awry where there is a separate construction manager. Well, here is an interesting case out of Louisiana that supports a negligence claim against a construction manager-agent.

    Read the court decision
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    Reprinted courtesy of David Adelstein, Florida Construction Legal Updates
    Mr. Adelstein may be contacted at

    Contractor’s Charge Of Improvements To Real Property Not Required For Laborers To Have Lien Rights

    June 13, 2018 —
    In Washington, persons furnishing labor, professional services, material, or equipment for improvements of real property are generally entitled to a lien on that property, but only if their labor is furnished at the direction of the owner or the owner’s “construction agent.”[1] Whether a lien attaches, therefore, can turn on whether the person directing work is the owner’s construction agent. Washington’s mechanic’s lien statute defines “construction agent” as “any registered or licensed contractor, registered or licensed subcontractor, architect, engineer, or other person having charge of any improvement to real property, who shall be deemed the agent of the owner for the limited purpose of establishing the lien created by this chapter.”[2] Read the court decision
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    Reprinted courtesy of Matt T. Paxton, Ahlers Cressman & Sleight PLLC
    Mr. Paxton may be contacted at