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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

    How is Negotiating a Construction Contract Like Buying a Car?

    District Court's Ruling Affirmed in TCD v American Family Mutual Insurance Co.

    Monitoring Building Moisture with RFID – Interview with Jarmo Tuppurainen

    When Does a Contractor Legally Abandon a Construction Project?

    Ohio Court Finds No Coverage for Construction Defect Claims

    U.S. Government Bans Use of Mandatory Arbitration Agreements between Nursing Homes and Residents, Effective November 28, 2016

    Another Smart Home Innovation: Remote HVAC Diagnostics

    New York Converting Unlikely Buildings into Condominiums

    Basement Foundation Systems’ Getting an Overhaul

    Commonwealth Court Strikes Blow to Philly Window and Door Ordinance

    Zillow Topping Realogy Shows Web Surge for Housing Market

    Endorsements Do Not Exclude Coverage for Wrongful Death Claim

    California Supreme Court Shifts Gears on “Reverse CEQA”

    Tenth Circuit Finds Insurer Must Defend Unintentional Faulty Workmanship

    Insurer Must Defend and Indemnify Construction Defect Claims Under Iowa Law

    Builders Beware: A New Class Of Defendants In Asbestos Lawsuits

    2018 Spending Plan Boosts Funding for Affordable Housing

    Balcony Collapses Killing Six People

    NYC Luxury-Condo Buyers Await New Towers as Sales Slow

    Florida’s Construction Defect Statute of Repose

    Don’t Miss the 2015 West Coast Casualty Construction Defect Seminar

    Direct Contractors In California Should Take Steps Now To Reduce Exposure For Unpaid Wages By Subcontractors

    Axa Unveils Plans to Transform ‘Stump’ Into London Skyscraper

    Contractual Assumption of Liability Does Not Bar Coverage

    Colorado Adopts Twombly-Iqbal “Plausibility” Standard

    Appraisal Process Analyzed

    Just When You Thought General Contractors Were Necessary Parties. . .

    Certificate of Merit to Sue Architects or Engineers Bill Proposed

    California Governor Signs SB 496 Amending California’s Anti-Indemnity Statute

    NYC Building Explosion Kills Two After Neighbor Reports Gas Leak

    Jet Crash Blamed on Runway Construction Defect

    Manhattan to Get Tall, Skinny Tower

    U.S. Navy Sailors Sue Tokyo Utility Company Over Radiation Poisoning

    Job Gains a Positive for Housing

    Home Prices in U.S. Rose 0.3% in August From July, FHFA Says

    Negligent Misrepresentation Claim Does Not Allege Property Damage, Barring Coverage

    Appraiser Declarations Inadmissible When Offered to Challenge the Merits of an Appraisal Award

    The Death of Retail and Legal Issues

    Miller Act and “Public Work of the Federal Government”

    How Many Homes have Energy-Efficient Appliances?

    Home Construction Slows in Las Vegas

    Home Prices in 20 U.S. Cities Increase at Slower Pace

    Defective Sprinklers Not Cause of Library Flooding

    New Jersey Firm’s Fee Action Tossed for not Filing Substitution of Counsel

    Court of Appeal Opens Pandora’s Box on Definition of “Contractor” for Forum Selection Clauses

    Focusing on Design Elements of the 2014 World Cup Stadiums

    Bad Faith and a Partial Summary Judgment in Seattle Construction Defect Case

    Man Pleads Guilty in Construction Kickback Scheme

    Additional Insured Not Entitled to Coverage for Post-Completion Defects

    Repair of Part May Necessitate Replacement of Whole
    Corporate Profile


    Leveraging from more than 5500 construction defect and claims related expert witness designations, the Ashburn, Virginia Construction Expert Witness Group provides a wide range of trial support and consulting services to Ashburn's most acknowledged construction practice groups, CGL carriers, builders, owners, and public agencies. Drawing from a diverse pool of construction and design professionals, BHA is able to simultaneously analyze complex claims from the perspective of design, engineering, cost, or standard of care.

    Construction Expert Witness News & Info
    Ashburn, Virginia

    Broker Not Negligent When Insured Rejects Additional Coverage

    January 31, 2018 —

    The broker was not negligent when it proposed additional coverage that was rejected by the insured. Cromer v. Rosenzweig Ins. Agency Inc., 2017 N.Y. App Div. LEXIS 8969 (N.Y. App. Div. Dec. 21, 2017).

    Plaintiff was injured while employed as a painter at property owned by Allen Skriloff. Coverage was denied because injuries to employees, contractors and employees of contractors were excluded. Plaintiff sued Skriloff and obtained a jury verdict of $6.1 million. Skirloff assigned to plaintiff all rights and claims held against the insurer and insurance brokers.

    Read the court decision
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    Reprinted courtesy of Tred Eyerly, Insurance Law Hawaii

    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

    Slavin Doctrine and Defense from Patent Defects

    June 13, 2018 —
    The Slavin doctrine is an affirmative defense primarily geared to the personal injury context designed to protect contractors from third-party negligence-type claims when an owner accepts a patent defect. The Slavin doctrine protects contractors from liability for injuries to third parties by presuming that the owner has made a “reasonably careful inspection” of the contractor’s work prior to accepting it as completed; if the owner accepts the contractor’s work as complete and an alleged defect is patent, then the owner “accepts the defects and the negligence that caused them as his own,” and the contractor will no longer be liable for the patent defect. Read the court decision
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    Reprinted courtesy of David Adelstein, Florida Construction Legal Updates
    Mr. Adelstein may be contacted at

    William Lyon to Acquire RSI Communities

    February 22, 2018 —
    According to the article “William Lyon Agrees to Buy RSI Communities $460 million deal plants Lyon in Texas and adds to Inland Empire land holdings” published on the website Builder, the Newport Beach home builder is purchasing the Southern California and Texas home builder. This will be Lyon Homes’ first venture in the state of Texas. RSI Communities works within both San Antonio and Austin, Texas as well as Southern California and the Inland Empire. It was founded by Todd Palmaer, a home building expert and Ron Simon, a building products expert and Newport Beach businessman. First time home buyers have been RSI’s main target. President and CEO of RSI, Tod Palmaer is optimistic about the acquisition “We are delighted to have our company join the William Lyon Homes organization. We have a great deal of confidence in the William Lyon Homes platform and its executive management team, and believe that its acquisition of RSI Communities will add to Lyon’s continued success in its current and new markets.” Pat Donahue who has almost 30 years of experience in home building, will serve as President to the Inland Empire Division. John Bohnen, RSI’s present Chief Operating Officer, will be the regional president in Texas. Mr. Bohnen has previously held executive positions with numerous home builders. William Lyon’s president and CEO Mark R. Zaist is excited about adding RSI’s key players to their team, and had this to say about the purchase. “The acquisition of RSI represents our most significant acquisition since our entry into Portland and Seattle with the Polygon Northwest Homes acquisition in 2014 and furthers our strategy of building in the strongest markets in the Western U.S., while also strengthening our pipeline in Southern California, as we continue our mission of being the premier Western Regional home builder.” Read the court decision
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    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
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    Reprinted courtesy of David Adelstein, Florida Construction Legal Updates
    Mr. Adelstein may be contacted at

    First-Time Homebuyers Make Biggest Share of Deals in 17 Years

    February 22, 2018 —
    Millennials are playing homeownership catch-up. First-time buyers rushed into the market last year, making 38 percent of all U.S. single-family home purchases, the biggest share since 2000, data released Thursday by Genworth Mortgage Insurance show. The 2.07 million new or existing homes bought by first-timers was 7 percent more than in 2016, according to the insurer, part of Genworth Financial Inc. Read the court decision
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    Reprinted courtesy of Prashant Gopal, Bloomberg

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

    May 16, 2018 —
    In Rodriguez v. Department of Transportation, Case No. F074027 (March 27, 2018), the Court of Appeals for the Fifth District considered the following mind-twister: Can you knowingly approve something (which does not include something else) if you never considered the absence of that “something else?” Think about that for a moment . . . or, better yet, just read on. Rodriguez v. Department of Transportation In 2013, a pickup truck traveling westbound on State Route 152 toward Los Banos, California, ran off the road injuring Erik Rodriguez and the driver and killing another passenger. Rodriguez sued the California Department of Transportation (Caltrans) on the ground that the accident was caused by a dangerous condition on public property. Read the court decision
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    Reprinted courtesy of Garret Murai, Wendel Rosen Black & Dean LLP
    Mr. Murai may be contacted at

    Colorado Supreme Court Issues Decisions on Statute of Limitations for Statutory Bad Faith Claims and the Implied Waiver of Attorney-Client Privilege

    July 11, 2018 —
    The Colorado Supreme Court has been busy the past two weeks, issuing a couple rulings that should be of interest to the insurance industry:
    Statute of Limitations for Bad Faith Statute: In Rooftop Restoration, Inc. v. American Family Mutual Insurance Co., 2018 CO 44 (May 29, 2018), the Colorado Supreme Court held that the one-year statute of limitations that applies to penalties, does not apply to claims brought under C.R.S. 10-3-1116, Colorado’s statutory cause of action for unreasonable delay or denial of benefits. Section 10-3-1116 provides that a first-party claimant whose claim for payment of benefits has been unreasonably delayed or denied may seek to recover attorney fees, costs, and two times the covered benefit, in addition to the covered benefit. A separate Colorado statute, CRS 13-80-103(1)(d) provides a one-year statute of limitations for “any penalty or forfeiture of any penal statutes.” To arrive at the conclusion that the double damages available under section 10-3-1116 is not a penalty, the Court looked at yet another statutory provision, governing accrual of causes of action for penalties, which provides that a penalty cause of action accrues when “the determination of overpayment or delinquency . . . is no longer subject to appeal.” The Court stated that because a cause of action under 10-3-1116 “never leads to a determination of overpayment or delinquency . . . the claim would never accrue, and the statute of limitations would be rendered meaningless.” Para. 15. Presumably, the default two-year statute of limitations, provided by CRS 13-80-102(1)(i), will now be found to apply to causes of action seeking damages for undue delay or denial of insurance benefits.
    Read the court decision
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    Reprinted courtesy of Jennifer Arnett-Roehrich, Gordon & Rees Scully Mansukhani
    Ms. Arnett-Roehrich may be contacted at