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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

    Manhattan Homebuyers Pay Up as Sales Top Listing Price

    Fannie-Freddie Propose Liquidity Rules for Mortgage Insurers

    A Subcontractor’s Perspective On California’s Recent Changes to Indemnity Provisions

    Umbrella Policy Must Drop Down to Assist with Defense

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

    “Freelance Isn’t Free” New Regulations Adopted in New York City Requiring Written Contracts with Independent Contractors

    Construction Defects as Occurrences, Better Decided in Law than in Courts

    New Jersey Supreme Court Rules that Subcontractor Work with Resultant Damage is both an “Occurrence” and “Property Damage” under a Standard Form CGL Policy

    The Biggest Thing Keeping Young Homebuyers out of the Market Isn't Student Debt

    Soldiers Turn Brickies as U.K. Homebuilders Seek Workers

    Texas Supreme Court to Rehear Menchaca Bad Faith Case

    Harmon Towers Demolition Still Uncertain

    Steps to Curb Construction Defect Actions for Homebuilders

    Arizona Court of Appeals Awards Attorneys’ Fees in Quiet-Title Action

    Limitation on Coverage for Payment of Damages Creates Ambiguity

    Damages or Injury “Likely to Occur” or “Imminent” May No Longer Trigger Insurance Coverage

    Living Not So Large: The sprawl of television shows about very small houses

    Workers Hurt in Casino Floor Collapse

    UPDATE - McMillin Albany LLC v. Superior Court

    Orlando Commercial Construction Permits Double in Value

    Forget Backyard Pools, Build a Swimming Pond Instead

    Mortgage Battle Flares as U.K. Homebuying Loses Allure

    Nevada Court Adopts Efficient Proximate Cause Doctrine

    San Francisco House that Collapsed Not Built to Plan

    Production of Pre-Denial Claim File Compelled

    Terminating the Notice of Commencement (with a Notice of Termination)

    Sometimes It’s Okay to Destroy Evidence

    Employee Exclusion Bars Coverage for Wrongful Death of Subcontractor's Employee

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

    How to Defend Stucco Allegations

    Colorado homebuilders target low-income buyers with bogus "affordable housing" bill

    Orchestrating Bias: Arbitrator’s Undisclosed Membership in Philharmonic Group with Pauly Shore’s Attorney Not Grounds to Reverse Award in Real Estate Dispute

    Updated: Happenings in and around the West Coast Casualty Seminar

    Construction Law Alert: Unlicensed Contractors On Federal Projects Entitled To Payment Under The Miller Act

    New Jersey Construction Company Owner and Employees Arrested for Fraud

    Faulty Workmanship may be an Occurrence in Indiana CGL Policies

    Business Interruption Claim Upheld

    Florida Former Public Works Director Fined for Ethics Violation

    Steps to Defending against Construction Defect Lawsuits

    No Duty to Defend Additional Insured for Construction Defects

    Gain in Home Building Points to Sustained U.S. Growth

    Hong Kong Property Tycoon Makes $533 Million Bet on Solar

    Florida Law: Interplay of SIR and the Made-Whole Doctrine

    Excess Carrier Successfully Appeals Primary Insurer’s Summary Judgment Award

    Colorado Homebuyers Must be in Privity of Contract with Developer to Assert Breach of Implied Warranty of Suitability

    Automating Your Home? There’s an App for That

    The “Program Accessibility” Exception for Public Entities Under the ADA

    Structural Defects Lead Schools to Close off Areas

    2016 California Construction Law Upate

    New Jersey Court Adopts Continuous Trigger for Construction Defect Claims
    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

    Whether Subcontractor's Faulty Workmanship Is an Occurrence Creates Ambiguity

    March 16, 2017 —
    The Ohio Court of Appeals determined that the CGL policy was ambiguous as to whether a subcontractor's faulty workmanship was an "occurrence." Ohio N. Univ. v. Charles Constr. Serv., 2017 Ohio App. LEXIS 258 (Ohio Ct. App. Jan. 23, 2017). In 2007, Ohio Northern University (ONU) entered a contract with Charles Construction Services, Inc. (CCS) to construct a hotel on the campus. In 2011, the building was completed, but ONU found water intrusion and moisture damage in the interior. When remediating the water damage, ONU found additional, serious structural defects. ONU sued CCS, alleging breach of contract, breach of express warranty, and negligent misrepresentation. CCS filed a third-party action against many of its subcontractors. Cincinnati Insurance Company (CIC) intervened and filed a cross-claim for a declaratory judgment that it had no duty to provide coverage to CCS. CIC and ONU filed cross motions for summary judgment. Read the court decision
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    Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii
    Mr. Eyerly may be contacted at

    The Anatomy of a Construction Dispute- The Claim

    January 12, 2015 —
    A new year brings with it promise and challenges. The promise is a relatively clean slate and the thought that 2015 will be a great year for construction professionals and those that assist them. The challenges come from the almost inevitable issues that can arise on a construction site with its many moving parts and enough potential pitfalls to make even the most optimistic construction attorney, contractor, subcontractor or supplier think that Murphy was an optimist. In order to assist with the potential challenges, this post will be the first in a series of “musings” on the best way to handle a payment dispute arising from a construction contract. This week’s post will discuss what the first steps should be once a payment dispute or claim arises. We’ll assume that you, as a construction contractor, have taken early advantage of the services of a construction lawyer and have carefully reviewed your contract for issues before signing that contract. 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

    Four Companies Sued in Pool Electrocution Case

    June 26, 2014 —
    Back in April of this year, a seven-year old boy was electrocuted while swimming in his family’s pool in North Miami, Florida, according to CBS Miami. Now, the family is suing four companies in a wrongful death suit. The complaint claims that the victim “was electrocuted due to a faulty pool light and electrical grounding and bonding on the pool’s lighting system.” Pentair Water Pool and Spa, Inc., manufactured and designed the pool light. Florida Pool & Spa Center “provided periodic cleaning, maintenance and inspections of the pool,” while Gary B Electric and Construction Consultant is being sued for “improper bonding and grounding.” Also, Jorge Perez Enterprises Inspection Company is listed in the lawsuit since they conducted the inspection when the family purchased the home. Read the court decision
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    Reprinted courtesy of

    Duty to Defend For Accident Exists, But Not Duty to Indeminfy

    March 05, 2015 —
    The Seventh Circuit found there was a duty to defend the additional insured under the policy, but not a duty to indemnify. Kmart Corp. v. Footstar, Inc., 2015 U.S. App. LEXIS 1775 (7th Cir. Feb. 4, 2015). By agreement, Footstar operated the footwear department in hundreds of Kmart stores around the country. Footstar's footwear departments were in designated areas of the Kmart stores. Section 18.1 of the Master Agreement required Footstar to defend and indemnify Kmart from "all damage . . . arising out of Footstar's performance or failure to perform under this Agreement." The same section also required Footstar to obtain additional insurance coverage for Kmart. Read the court decision
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    Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii
    Mr. Eyerly may be contacted at

    Florida Supreme Court: Notice of Right to Repair is a CGL “Suit,” SDV Amicus Brief Supports Decision

    January 10, 2018 —
    Construction policyholders in Florida have been given substantial ammunition to compel general liability insurers to provide a defense against pre-suit accusations of defective work. Florida is one of approximately thirty (30) states that require property owners to serve contractors with notice and an opportunity to repair construction defects before filing suit. Only a few states have addressed whether a CGL policy should provide a defense for similar processes. Altman Contractors, Inc. v. Crum & Forster Specialty Ins. Co., decided late in December by the Florida Supreme Court, acknowledged that the 558 process is a “suit,” thus impeding insurers from refusing a defense during this notice period. Section 558.004(1), Florida Statutes (2012) requires a property owner alleging construction defects to serve a written notice to repair on the contractor before filing an action in court. Altman Contractors built a condominium in Broward County, Florida. In 2012, the condominium owners alleged defects in accordance with Section 558. Altman demanded that its general liability carrier, Crum & Forster, defend and indemnify it against the 558 notices. Crum & Forster denied coverage, claiming that 558 notices are not a “suit” as defined by the policy. Reprinted courtesy of Gregory Podolak, Saxe Doernberger & Vita, P.C. and Brian Clifford, Saxe Doernberger & Vita, P.C. Mr. Podolak may be contacted at Mr. Clifford may be contacted at Read the court decision
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    Reprinted courtesy of

    It’s a Bird, It’s a Plane . . . No, It’s a Drone. Long Awaited FAA Drone Regulations Finally Take Flight

    September 22, 2016 —
    It’s a bird. It’s a plane. No, it’s a drone. Also known as an unmanned aerial vehicle (UAV) or unmanned aircraft (UA). And, technically, they’ve been around a long time, since at least 1849 when the Australians attacked Italy with unmanned balloons loaded with explosives. Even a young Marilyn Monroe, when she was known simply as “Norma Jean,” worked at a company called Radioplane making unmanned aircrafts during World War II. Since then, as technology has advanced, which, in turn, has made the cost of older technology go down, what was once old, is now new again. Drones are making regular appearances in the movies (think the Divergent Series: Allegiant). The paparazzi (who are apparently tired of getting punched in the face) are using them. And some day, perhaps very soon, they may just be delivering your packages (think Amazon Prime Air). One of the earliest adopters of drones outside the military, however, has been the construction industry which has used drones to track the progress of construction projects and conduct site surveys such as this one showing the progress of Apple’s new campus in Cupertino[.] Read the court decision
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    Reprinted courtesy of Garret Murai, Wendel, Rosen, Black & Dean LLP
    Mr. Murai may be contacted at

    Manhattan Trophy Home Sellers Test Buyer Limits on Price

    February 14, 2014 —
    Broker Alon Chadad’s client purchased a $14.3 million apartment on Manhattan’s Central Park South, then spent nine months seeking approval for plans to overhaul it. In January, the buyer changed course, listing the unit for sale at more than double what he paid just a year ago. “He filed all the documents for renovation and he was ready to go and he decided, ‘You know what? I see opportunity in the market,’” said Chadad, co-founder of Blu Realty Group and the agent for the 6,160-square-foot (572-square-meter) condominium, which has an asking price of $29.5 million. Luxury-apartment owners in New York are listing a record amount of properties for sale, testing the upper limits of what buyers are willing to pay even as median prices remain off their peak set almost six years ago. Sellers have taken notice of a handful of record-shattering deals, triggered by an $88 million purchase at 15 Central Park West, and demand for trophy homes by international investors seeking havens for their cash. Read the court decision
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    Reprinted courtesy of Oshrat Carmiel, Bloomberg
    Ms. Carmiel may be contacted at

    Ensuring Arbitration in Construction Defect Claims

    February 04, 2013 —
    Jared E. Berg and John W. Mill of Sherman & Howard note that developers and general contractors would prefer that construction defect claims against them go to arbitration, instead of ending up in front of a jury. They say “there is a way to do this.” For the developer and general contractor, arbitration is “typically less costly and time consuming than litigation.” On the other side, home owner associations “tend to prefer litigation because the up-front costs of arbitration are greater and they would rather have their cases tried to a jury than a panel of arbitrators in the belief juries offer greater potential for high damage awards. In order to avoid arbitration, “HOAs have taken advantage of their statutory rights to amend declarations by instructing their members to approve amendments removing arbitration clauses. However, in a recent Colorado case, the developer had taken a precaution of including in the arbitration clauses that “they could not be removed from the declarations by amendment with the developer’s and general contractor’s consent.” The homeowners association had voted to remove these clauses, but the judge found that they could not do so. Berg and Mill give the advice to “include in the declaration’s arbitration clause a provision making your consent required to amend or nullify the arbitration provision,” adding that “courts will enforce this kind of consent provision.” Read the court decision
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    Reprinted courtesy of