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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

    Read Carefully. The Insurance Coverage You Thought You Were Getting May Not Be The Coverage You Got

    Wow! A Mechanic’s Lien Bill That Helps Subcontractors and Suppliers

    Court Agrees to Stay Coverage Matter While Underlying State Action is Pending

    NAHB Reports on U.S. Jobs Created from Home Building

    Colorado Rejects Bill to Shorten Statute of Repose

    Phoenix Flood Victims Can’t Catch a Break as Storm Nears

    Contractor Covered for Voluntary Remediation Efforts in Completed Homes

    Bad Faith Claim for Investigation Fails

    Las Vegas Harmon Hotel to be Demolished without Opening

    Federal Court Requires Auto Liability Carrier to Cover Suit Involving Independent Contractor Despite “Employee Exclusion”

    Depreciating Labor Costs May be Factor in Actual Cash Value

    Failure to Consider Safety Element in Design Does Not Preclude Public Entity’s Discretionary Authority Under Design Immunity Defense

    A Loud Boom, But No Serious Injuries in World Trade Center Accident

    Housing in U.S. Cools as Rate Rise Hits Sales: Mortgages

    Builders FirstSource to Buy ProBuild for $1.63 Billion

    FEMA Offers to Review Hurricane Sandy Claims

    Chinese Lead $92 Billion of U.S. Home Sales to Foreigners

    Mortgage Interest Rates Increase on Newly Built Homes

    Lien Law Unlikely To Change — Yet

    Construction Litigation Group Listed in U.S. News Top Tier

    How Mushrooms Can Be Used To Make Particle Board Less Toxic

    Can a Contractor be Liable to Second Buyers of Homes for Construction Defects?

    Contractors Admit Involvement in Kickbacks

    Preventing Costly Litigation Through Your Construction Contract

    Affordable Harlem Housing Allegedly Riddled with Construction Defects

    Wells Fargo Shuns Peers’ Settlement in U.S in Mortgage

    California Supreme Court Confirms the Right to Repair Act as the Exclusive Remedy for Seeking Relief for Defects in New Residential Construction

    General Contractor Cited for Safety Violations after Worker Fatality

    Orlando Commercial Construction Permits Double in Value

    Bribe Charges Take Toll on NY Contractor

    Suppliers of Inherently Dangerous Raw Materials Remain Excluded from the Protections of the Component Parts Doctrine

    Montana Court Finds Duty to Defend over Construction Defect Allegation

    Denial of Coverage for Bulge in Wall Upheld

    Construction Defect Scam Tied to Organized Crime?

    United States Supreme Court Upholds Class Action Waivers in Arbitration Agreements

    UPDATE: Texas Federal Court Permanently Enjoins U.S. Department of Labor “Persuader Rule” Requiring Law Firms and Other Consultants to Disclose Work Performed for Employers on Union Organization Efforts

    New Case Alert: Oregon Supreme Court Prohibits Insurer’s Attempt to Relitigate Insured’s Liability

    Manhattan Bargain: Condos for Less Than $3 Million

    Firm Seeks to Squash Subpoena in Coverage CD Case

    Wendel Rosen’s Construction Practice Group Receives “Tier 1” Ranking by U.S. News and World Reports

    Insurer Sued for Altering Policies after Claim

    Flood Coverage Denied Based on Failure to Submit Proof of Loss

    Musk’s Cousins Battle Utilities to Make Solar Rooftops Cheap

    Drafting the Bond Form, Particularly Performance Bond Form

    Design Firm Settles over Construction Defect Claim

    House Committee Kills Colorado's 2015 Attainable Housing Bill

    CSLB Joint Venture Licenses – Providing Contractors With The Means To Expand Their Businesses

    Florida Former Public Works Director Fined for Ethics Violation

    California Insurance Commissioner Lacks Authority to Regulate Formula for Estimating Replacement Cost Value

    Connecticut Supreme Court Finds Faulty Work By Subcontractor Constitutes "Occurrence"
    Corporate Profile


    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. Drawing 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

    Court Narrowly Interprets “Faulty Workmanship” Provision

    March 28, 2018 —
    In a recent victory in their home state of Connecticut, Saxe Doernberger & Vita partners, Jeffrey Vita and Theresa Guertin, representing owner-developer 777 Main Street, LLC, overcame a summary judgment motion filed by Liberty Mutual Fire Insurance Company. The Connecticut Superior court refused to adopt the insurer’s broad interpretation of the “faulty workmanship” exclusion in an all-risk builders’ risk insurance policy. In 2014, 777 Main Street, LLC began renovations on the 27-story former Hartford National Bank building in downtown Hartford, converting the property from an office building to a mixed residential and commercial space. During the renovation, a subcontractor hired to perform the cleaning the concrete façade of the building accidentally over-sprayed the cleaning material onto the property’s windows. The subcontractor’s attempts to clean the overspray further damaged the structural integrity and cosmetic look of the windows. As a result, the owner was forced to replace over 1,800 windows, costing millions. Mr. Vita may be contacted at Ms. Guertin may be contacted at Read the court decision
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    Reprinted courtesy of

    WCC and BHA Raised Thousands for Children’s Cancer Research at 25th West Coast Casualty CD Seminar

    May 24, 2018 —
    This year’s annual West Coast Casualty Construction Defect Seminar was once again, a huge success. On May 16-18, 2018 attendees from the legal, insurance, builder, contractor, subcontractor and numerous other industries came from across the United States and several foreign countries to discuss current trends, learn about new laws and regulations affecting the construction defect industry, and meet up with colleagues. Bert L. Howe & Associates, Inc.’s (BHA) Has a Nice Swing Golf Challenge raised $3,500.00 split evenly between the three deserving charities supported by West Coast Casualty: Hawaii’s Children’s Cancer Foundation , St. Jude Children’s Research Hospital, and Shriners Hospital for Children. The West Coast Casualty Construction Defect Seminar has been promoting charitable work for the past twenty-five years. Each year, they promote different charities, and provide multiple ways for individuals and companies to contribute. Whether it’s Buy a Banner, Tennis Shoe Thursday, or Flip Flop Friday, industry members are given opportunities to support worthwhile causes. WCC also supports charitable organizations through every award that they present each year. Donations are made in the winner’s name: For Jerrold S. Oliver Award of Excellence awardees, Habitat for Humanity as well as a local California and Nevada charity; For Legend of an Era Award, the designated charity of West Coast Casualty’s Construction Defect Seminar; and for The Larry Syhre Commitment to Service Award, a donation to The Larry Syhre Foundation. BHA hopes to see you at the next West Coast Casualty Construction Defect Seminar in 2019! Read the court decision
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    Reprinted courtesy of

    "Is the Defective Work Covered by Insurance?"

    January 04, 2018 —
    Originally Published by CDJ on March 16, 2017 I have been asked this question quite a bit from owners, in particular: “The contractor committed defective work, but it has insurance. Doesn’t the insurance cover this defective work?” Ugh, NO! There is this misconception that liability insurance, specifically, is the be-all-and-end-all when it comes to defective work. This could not be further from the truth. Don’t get me wrong – liability insurance is important; it is very, very important. However, liability insurance does not cover the risk of an insured’s defective work. Rather, liability insurance is designed to cover the risk of resulting damage: damage resulting from defective work. This is a significant distinction and one that is often overlooked. This is also why anyone encountering defective work should be working with an attorney to maximize insurance coverage or realize that the issue is not covered by insurance. Reprinted courtesy of David Adelstein, Florida Construction Legal Updates Read the court decision
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    Reprinted courtesy of David Adelstein, Florida Construction Legal Updates
    Mr. Adelstein may be contacted at

    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
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    Reprinted courtesy of John Belanger, Bremer Whyte Brown & O'Meara LLP
    Mr. Belanger may be contacted at

    Does Arbitration Apply to Contemporaneously Executed Contracts (When One of the Contracts Does Not Have an Arbitration Provision)?

    January 10, 2018 —

    Binding arbitration is an alternative to litigation. Instead of having your dispute decided by a judge and/or jury, it is decided by an arbitrator through an arbitration process. Arbitration, however, is a creature of contract, meaning there needs to be a contractual arbitration provision requiring the parties to arbitrate, and not litigate, their dispute. Just like litigation, there are pros and cons to the arbitration process, oftentimes dictated by the specific facts and legal issues in the case.

    What happens when a person executes two (or more) contemporaneous contracts, one with an arbitration provision and one without? Are the parties required to arbitrate the dispute arising out of the contract that does not contain the arbitration provision?

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

    Properly Trigger the Performance Bond

    January 04, 2018 —
    Originally Published by CDJ on January 5, 2017 A performance bond is a valuable tool designed to guarantee the performance of the principal of the contract made part of the bond. But, it is only a valuable tool if the obligee (entity the bond is designed to benefit) understands that it needs to properly trigger the performance bond if it is looking to the bond (surety) to remedy and pay for a contractual default. If the performance bond is not properly triggered and a suit is brought upon the bond then the obligee could be the one materially breaching the terms of the bond. This means the obligee has no recourse under the performance bond. This is a huge downside when the obligee wanted the security of the performance bond, and reimbursed the bond principal for the premium of the bond, in order to address and remediate a default under the underlying contract. A recent example of this downside can be found in the Southern District of Florida’s decision in Arch Ins. Co. v. John Moriarty & Associates of Florida, Inc., 2016 WL 7324144 (S.D.Fla. 2016). Here, a general contractor sued a subcontractor’s performance bond surety for an approximate $1M cost overrun associated with the performance of the subcontractor’s subcontract (the contract made part of the subcontractor’s performance bond). The surety moved for summary judgment arguing that the general contractor failed to property trigger the performance bond and, therefore, materially breached the bond. The trial court granted the summary judgment in favor of the performance bond surety. Why? Read the court decision
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    Reprinted courtesy of David Adelstein, Florida Construction Legal Updates
    Mr. Adelstein may be contacted at

    Court Holds That Property Insurance Does Not Cover Economic Loss From Purchasing Counterfeit Vintage Wine

    March 22, 2018 —
    In Doyle v. Fireman's Fund Insurance Co. (No. G054197, filed 3/7/18), a California appeals court held that financial loss from purchasing counterfeit vintage wine was not direct and accidental loss or damage to covered property within the coverage of a valuable possessions property policy. In Doyle, the insured was a collector of rare, vintage wine that was housed in a wine storage facility. He had purchased nearly $18 million of purportedly rare, vintage wine from a dealer, and insured the collection under a valuable possessions policy. But a law enforcement investigation revealed that the dealer had been filling empty wine bottles with his own wine blend and affixing counterfeit labels. The dealer was convicted of fraud and was sent to prison for 10 years. Reprinted courtesy of Christopher Kendrick, Haight Brown & Bonesteel LLP and Valerie Moore, Haight Brown & Bonesteel LLP Mr. Kendrick may be contacted at Ms. Moore may be contacted at Read the court decision
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    Reprinted courtesy of

    The Contract Disputes Act: What Every Federal Government Contractor Should Know

    February 07, 2018 —
    Claims on construction projects are unpleasant, but sometimes unavoidable. Contract with the federal government and you are by statute and by contract required to resolve any and all disputes under the Contract Disputes Act. So what is the Contract Disputes Act? This article sets forth basic information all federal government contractors should know when faced with the necessity of making or defending a claim on a federal project. What Is the Contract Disputes Act? The Contract Disputes Act of 1978 (CDA or Act) was enacted by Congress to implement a comprehensive statutory scheme for the resolution of government contract claims. The CDA provides a framework for asserting and handling claims by either the government or a contractor. All disputes under the CDA must be submitted to either the U.S Court of Federal Claims or to an administrative board of contract appeals. The vast majority of board cases are handled by either the Armed Services Board of Contract Appeals or the Civilian Board of Contract Appeals. The ASBCA is generally responsible for deciding appeals from decisions of contracting officers in the Department of Defense, the Department of the Army, the Department of the Navy, NASA, and when specified, the CIA. The CBCA hears disputes from all other executive agencies except the United States Postal Service (USPS), the Postal Rate Commission, and the Tennessee Valley Authority. The USPS is served by the Postal Service BCA. In addition, the Government Accountability Office Contract Appeals Board handles contract disputes arising in the legislative branch, and the Office of Dispute Resolution for Acquisition handles contract disputes and bid protests arising out of Federal Aviation Administration procurements. Read the court decision
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    Reprinted courtesy of Sarah K. Carpenter, Smith Currie