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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

    Product Liability Alert: “Sophisticated User” Defense Not Available by Showing Existence of a “Sophisticated Intermediary”

    BHA Has a Nice Swing

    A General Contractors Guide to Bond Thresholds by State

    California Fire Lawyers File Suit Against PG&E on Behalf of More Than 50 Wildfire Victims

    Neither Designated Work Exclusion nor Pre-Existing Damage Exclusion Defeat Duty to Defend

    "Occurrence" May Include Intentional Acts In Montana

    Prevailing Parties Entitled to Contractual Attorneys’ Fees Under California CCP §1717 Notwithstanding Declaration That Contract is Void Under California Government Code §1090

    Changes to Pennsylvania Mechanic’s Lien Code

    Affirmed: Nationwide Acted in Bad Faith by Failing to Settle Within Limits

    Georgia Court Clarifies Landlord Liability for Construction Defects

    Construction Defects and Second Buyers in Pennsylvania

    Residential Construction: Shrinking Now, Growing Later?

    New York Bridge to Be Largest Infrastructure Project in North America

    Construction Defects and Warranties in Maryland

    Texas Law Bars Coverage under Homeowner’s Policy for Mold Damage

    A Lien Might Just Save Your Small Construction Business

    Toxic Drywall Not Covered Under Homeowner’s Policy

    Judgment for Insured Upheld After Insurer Rejects Claim for Hurricane Damage

    Florida Appeals Court Rules in Favor of Homeowners Unaware of Construction Defects and Lack of Permits

    Wendel Rosen’s Construction Practice Group Receives First Tier Ranking

    Maximizing Contractual Indemnity Rights: Problems with Common Law

    Three's a Trend: Second, Fourth and Ninth Circuits Uphold Broad "Related Claims" Language

    In Hong Kong, You Can Find a Home Where the Buffalo Roam

    Connecticut Court Clarifies Construction Coverage

    The Right to Repair Act Isn’t Out for the Count, Yet. Homebuilders Fight Back

    Florida Appellate Court Holds Four-Year Statute of Limitations Applicable Irrespective of Contractor Licensure

    California insured’s duty to cooperate and insurer’s right to select defense counsel

    Newmeyer & Dillion Attorneys Selected to the 2016 Southern California Super Lawyers Lists

    Ninth Circuit Construes Known Loss Provision

    City Drops Impact Fees to Encourage Commercial Development

    Insurer Able to Refuse Coverage for Failed Retaining Wall

    Coverage For Advertising Injury Barred by Prior Publication Exclusion

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    Colorado Court Holds No Coverage for Breach of Contract Claim

    Pennsylvania’s Supreme Court Clarifies Pennsylvania’s Strict Liability Standard

    Work without Permits may lead to Problems Later

    Millennials Skip the Ring and Mortgage

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    Transition Study a Condo Board’s First Defense against Construction Defects

    Federal Public Works Construction Collection Remedies: The Miller Act Payment Bond Claim

    Halliburton to Pay $1.1 Billion to Settle Spill Lawsuits

    Texas LGI Homes Goes After First-Time Homeowners

    Do Change Orders Need to be in Writing and Other Things That Might Surprise You

    Cerberus, Blackstone Loosening Credit for U.S. Landlords

    This Times Square Makeover Is Not a Tourist Attraction

    California Builders’ Right To Repair Is Alive

    Microsoft Said to Weigh Multibillion-Dollar Headquarters Revamp

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    Pending Sales of Existing Homes in U.S. Decline for Eighth Month

    The Anatomy of a Construction Dispute Stage 3- The Last Straw
    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

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

    January 31, 2018 —
    If there’s one law from the 2017 Legislative Session that’s garnered a lot of attention in the construction press, it’s AB 1701. Under AB 1701, beginning January 1, 2018, for contracts entered into on or after January 1, 2018, direct contractors may be found liable for unpaid wages, fringe or other benefit payments or contributions, including interest, but excluding penalties or liquidated damages, owed by a subcontractor of any tier to their workers. Here’s what you need to know about AB 1701. What code section did AB 1701 amend? AB 1701 added a a new section 218.7 to the Labor Code. To whom does AB 1701 apply? AB 1701 applies to direct contractors only. A direct contractor is defined as a “contractor that has a direct contractual relationship with an owner.” On what types of projects does AB 1701 apply? AB 1701 applies to private works projects only. When does AB 1701 take effect? AB 1701 took effect on January 1, 2018 and applies to all contracts entered into on or after January 1, 2018. Read the court decision
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    Reprinted courtesy of Garret, Murai, Wendel, Rosen, Black, Dean, LLP
    Mr. Murai may be contacted at

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

    March 22, 2018 —
    Here’s a helpful comparison of and analysis of some important contract sections in the AIA 201 (2007 and 2017 versions) and ConsensusDocs (2014 and 2017 versions). While not intended to be all inclusive, this summary comparison of the contract documents will run as a three-part series. Part I covers Financial Assurances, Design Risk, Project Management and Contract Administration. Part II will cover Schedule/Time, Consequential Damages/LDs, Claims and Disputes/ADR. Part III will cover Insurance and Indemnification and Payment. FINANCIAL ASSURANCES
    • What assurances are there that the owner can pay for the project?
    • The Contractor should have the right to request and obtain proof that the Owner has funding sufficient to pay for the Work. The provision should also provide that the Contractor may terminate the Contract if the Owner refuses to allow a review of funding documents, or should the Contractor reasonably determine that the Owner does not have sufficient funds to pay for the Work.
    Relevant Sections:
    • A201 2007 Section 2.2.1; 2017 Section 2.2.1-2.2.2 A201
    • 2014 & 2017 ConsensusDocs 200: Section 4.2
    • Section 2.2.1 A201 2007 & 2017: Both editions require the Owner, upon Contractor’s written request, to provide, “reasonable evidence that the Owner has made financial arrangements to fulfill the Owner’s obligations under the Contract.” Thereafter, the Contractor may only request such evidence if (1) the Owner fails to make payments; (2) a change in the Work materially changes the Contract Sum; or (3) the Contractor identifies in writing a reasonable concern regarding the Owner’s ability to make payment when due. If the Owner does not comply, the Contractor may stop work.
    • Additionally, A201 2017 Section 2.2.2 awards costs to the Contractor for demobilization and remobilization.
    Reprinted courtesy of Michael Sams , Kenney & Sams and Amanda Cox, Kenney & Sams Mr. Sams may be contacted at Ms. Cox may be contacted at Read the court decision
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    Reprinted courtesy of

    It’s All a Matter of [Statutory] Construction: Supreme Court Narrowly Interprets the Good Faith Dispute Exception to Prompt Payment Requirements in United Riggers & Erectors, Inc. v. Coast Iron & Steel Co.

    May 30, 2018 —
    On May 14, 2018, the California Supreme Court issued its opinion in United Riggers & Erectors, Inc. v. Coast Iron & Steel Co., No. S231549, slip. op. (Cal. Sup. Ct. May 14, 2018). In it, the Court narrowly construed the “good faith” exception to the general rule that a direct contractor must make retention payments to its subcontractors within 10 days of receiving any retention payment. The exception provides that “[i]f a good faith dispute exists between the direct contractor and a subcontractor, the direct contractor may withhold from the retention to the subcontractor an amount not in excess of 150 percent of the estimated value of the disputed amount.” Cal. Civ. Code section 8814(c). Reprinted courtesy of Erinn Contreras, Sheppard Mullin and Joy O. Siu, Sheppard Mullin Ms. Contreras may be contacted at Ms. Siu may be contacted at Read the court decision
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    Reprinted courtesy of

    Modified Plan Unveiled for Chicago's Sixth-Tallest Tower

    February 15, 2018 —
    The Chicago Plan Commission on Jan. 18 approved a $700-million development that, as presented, would include the city’s sixth-tallest building. Read the court decision
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    Reprinted courtesy of Jeff Yoders, Engineering News-Record
    Mr. Yoders may be contacted at

    Statutory Bad Faith and an Insured’s 60 Day Notice to Cure

    April 11, 2018 —
    A recent case came out in favor of an insured and against a first-party property insurer in the triggering of a statutory bad faith action. Florida’s Fifth District Court of Appeal in Demase v. State Farm Florida Insurance Company, 43 Fla. L. Weekly D679a (Fla. 5th DCA 2018) held that if an insurer pays a claim after the 60-day notice to cure period provided by Florida Statute s. 624.155(3), this “constitutes a determination of an insurer’s liability for coverage and extent of damages under section 624.155(1)(b) even when there is no underlying action.Read the court decision
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    Reprinted courtesy of David Adelstein, Florida Construction Legal Updates
    Mr. Adelstein may be contacted at

    Insurance Policies Broadly Defining “Suits” May Prompt an Insurer’s Duty to Defend and Indemnify During the Chapter 558 Pre-Suit Notice Process

    May 30, 2018 —
    In Altman Contractors, Inc. v. Crum & Forster Specialty Insurance Company, No. SC16-1420, 2017 WL 6379535 (Fla. Dec. 14, 2017), the Florida Supreme Court addressed whether the notice and repair process set forth in chapter 558, Florida Statutes, constitutes a “suit” within the meaning of a commercial liability policy issued by Crum & Forster Specialty Insurance Company (“C&F”) to Altman Contractors, Inc. (“Altman”). The Court found that because the chapter 558 pre-suit process is an “alternative dispute resolution proceeding” as included in the definition of “suit” in the policy by C&F to Altman, C&F had a duty to defend Altman during the chapter 558 process, prior to the filing of a formal lawsuit. Chapter 558, titled “Construction Defects,” sets forth procedural requirements before a claimant may file a construction defect action. It requires a claimant to serve a written notice of claim on the applicable contractor, subcontractor, supplier, and/or design professional prior to filing a construction defect lawsuit. The legislature intended for Chapter 558 to be an alternative dispute resolution mechanism in certain construction defect matters allowing an opportunity to resolve the claim without further legal process. Read the court decision
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    Reprinted courtesy of Daniel Garcia, Gordon & Rees Scully Mansukhani
    Mr. Garcia may be contacted at

    Jury Instruction That Fails to Utilize Concurrent Cause for Property Loss is Erroneous

    March 22, 2018 —

    The Florida District Court reversed erroneous jury instructions that adopted the efficient proximate cause doctrine in determining whether the insurer was responsible for the insureds’ collapsed roof. Jones v. Federated National Ins. Co., 2018 Fla. App. LEXIS 561 (Fla. Ct. App. Jan. 17, 2018).

    The insureds filed a claim for their damaged roof, contending that the damage was caused by a hailstorm. Federal National Insurance Company denied the claim based upon exclusions for “wear and tear, marring, deterioration;” “faulty, inadequate or defective design;” “neglect;” “existing damage;” or “weather conditions.”

    Read the court decision
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    Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii
    Mr. Eyerly may be contacted at

    A General Contractors Guide to Bond Thresholds by State

    June 13, 2018 —
    Author: Eric Weisbrot is the Chief Marketing Officer of JW Surety Bonds. With years of experience in the surety industry under several different roles within the company, he is also a contributing author to the surety bond blog. For general contractors in construction, there are many facets of business management that must be considered and then accomplished over time. Operating a successful general contractor business regardless of size or niche requires an understanding of bookkeeping, personnel management, regulatory compliance, as well as revenue potential for each project. However, one often overlooked aspect of being a general contractor – having the appropriate contractor license and minimum surety bond – correlates to each of these required fragments of the business from the start. Read the court decision
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    Reprinted courtesy of Wally Zimolong, Zimolong LLC
    Mr. Zimolong may be contacted at