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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 Gets First Crowdfunded Condos

    Time Limits on Hidden Construction Defects

    Addenda to Construction Contracts Can Be an Issue

    Taylor Morrison v. Terracon and the Homeowner Protection Act of 2007

    When Does a Claim Against an Insurance Carrier for Failing to Defend Accrue?

    Millennium’s Englander Buys $71.3 Million Manhattan Co-Op

    Reconciling Prompt Payments and Withholding of Retention Payments

    Better Building Rules Would Help U.K.'s Flooding Woes, CEP Says

    Depreciation of Labor in Calculating Actual Cash Value Against Public Policy

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

    Commonwealth Court Strikes Blow to Philly Window and Door Ordinance

    California Court of Appeal Clarifies Intent of Faulty Workmanship Exclusions

    BHA Sponsors 28th Annual Construction Law Conference in San Antonio, TX

    A Call to Washington: Online Permitting Saves Money and the Environment

    Who Says You Can’t Choose between Liquidated Damages or Actual Damages?

    Illinois Court Determines Insurer Must Defend Property Damage Caused by Faulty Workmanship

    2017 Legislative Changes Affecting the Construction Industry

    No Retrofit without Repurposing in Los Angeles

    Insurance Client Alert: Mere Mailing of Policy and Renewals Into California is Not Sufficient Basis for Jurisdiction Over Bad Faith Lawsuit

    Insurers Refuse Indemnification of Subcontractors in Construction Defect Suit

    Court Holds That Trimming of Neighbor’s Trees is Not an Insured Accident or Occurrence

    NYC Developer Embraces Religion in Search for Condo Sites

    Brief Overview of Rights of Unlicensed Contractors in California

    Texas exclusions j(5) and j(6).

    Federal Defend Trade Secrets Act Enacted

    U.S. Codes for Deck Attachment

    Insurer Must Produce Documents After Failing To Show They Are Confidential

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

    How SmartThings Wants to Automate Your Home

    Mortgage Bonds Stare Down End of Fed Easing as Gains Persist

    Formaldehyde-Free Products for Homes

    West Coast Casualty Promises Exciting Line Up at the Nineteenth Annual Conference

    Attorney Writing Series on Misconceptions over Construction Defects

    Housing Inventory Might be Distorted by Pocket Listings

    Flood Sublimit Applies, Seawater Corrosion to Amtrak's Equipment Not Ensuing Loss

    New Jersey’s Proposed Construction Defect Law May Not Cover Everything

    Wheaton to Require Sprinklers in New Homes

    Subprime Bonds Are Back With Different Name Seven Years After U.S. Crisis

    Hotel Claims Construction Defect Could Have Caused Collapse

    Ceiling Collapse Attributed to Construction Defect

    Lakewood First City in Colorado to Pass Ordinance Limiting State Construction Defect Law

    Failure to Comply with Contract Leaves No Additional Insured Coverage

    Crumbling Roadways Add Costs to Economy, White House Says

    U.S. Housing Starts Exceed Estimates After a Stronger December

    Washington State Updates the Contractor Registration Statute

    Construction Firm Sues Town over Claims of Building Code Violations

    New Households Moving to Apartments

    New Green Standards; Same Green Warnings for Architects & Engineers (law note)

    Home Prices in 20 U.S. Cities Rose in June at a Slower Pace

    Illinois Attorney General Warns of Home Repair Scams
    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

    Insurer Defends Denial in Property Coverage Dispute Involving Marijuana Growing Operations

    March 14, 2018 —
    Last month, we reported on the ongoing insurance coverage dispute between commercial landlord KVP Properties, Inc. and its property insurer, Westfield Insurance Company. The dispute arises from an October 2015 DEA raid on KVG-owned rental units in Novi, Michigan, which uncovered damage to the units related to the tenants’ marijuana growing operations. The arguments raised by KVG on appeal highlight a number of important marijuana-related coverage issues, which Westfield has now addressed in opposition. Reprinted courtesy of Michael Levine, Hunton & Williams LLP and Geoffrey Fehling, Hunton & Williams LLP Mr. Levine may be contacted at Mr. Fehling may be contacted at Read the court decision
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    Reprinted courtesy of

    Insurer Must Defend Contractor Against Claims of Faulty Workmanship

    May 30, 2018 —
    The magistrate judge recommended that the insurer's motion for summary judgment seeking to determine there was no coverage for claims of faulty workmanship be denied. Greystone Multi-Family Builders v. Gemini Ins. Co., 2018 U.S. Dist. LEXIS 56770 (S.D. Tex. Feb. 26, 2018). TPG (Post Oak) purchased an OCIP policy to cover construction of an apartment complex. TPG was sued by the contractor, Greystone, after TPG cancelled the construction contract. TPG filed a counterclaim against the contractor, alleging that Greystone had failed to properly perform in building a luxury apartment complex which resulted in monetary damages to TPG. The complaint further alleged that the project was nine months behind its substantial completion date, far from complete, and over budget when TPG cancelled the contract. The cost to fix the mismanagement caused by Greystone was $18.9 million. Read the court decision
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    Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii
    Mr. Eyerly may be contacted at

    West Coast Casualty’s Quarter Century of Service

    May 03, 2018 —
    West Coast Casualty's 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. This year, West Coast Casualty is supporting Hawaii’s Children’s Cancer Foundation , St. Jude Children’s Research Hospital, and Shriners Hospital for Children. 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. Read the court decision
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    Reprinted courtesy of

    California Supreme Court Protects California Policyholders for Intentional Acts of Employees

    July 02, 2018 —
    Recently, the California Supreme Court ruled that liability insurers are obligated to cover negligent supervision, hiring, and retention claims against employers resulting from the intentional acts of their employees. The case, Liberty Surplus Insurance v. Ledesma & Meyer Construction, case no. S236765 (2018), involved an insurance coverage dispute between a construction company, Ledesma & Meyer Construction (“L&M”), and its insurers, Liberty Insurance Underwriters, Inc. (“Liberty”) and Liberty Surplus Insurance Corp (“Liberty Surplus”). Liberty was L&M’s primary insurer, while Liberty Surplus had the excess policy. L&M had contracted with the San Bernardino Unified School District to renovate a school building while the school was still in session. In a separate action, another court found that an L&M employee sexually assaulted a 13-year-old student while working at the project. Read the court decision
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    Reprinted courtesy of William S. Bennett, Saxe Doernberger & Vita P.C.
    Mr. Bennett may be contacted at

    Misread of Other Insurance Clause Becomes Costly for Insurer

    February 22, 2018 —

    One insurer's refusal to defend based upon its "other insurance" provision ultimately meant the insurer had to pay all of the insured's defense costs. Steadfast Ins. Co. v. Greenwich Ins. Co., 2018 Wis. App. LEXIS 51 (Wis. Ct. App. Jan. 17, 2018).

    Milwaukee Metropolitan Sewerage District (MMSD) was a government agency that provided water reclamation and flood management services to the city. From March 1, 1998 to February 20, 2008, MMSD contracted with United Water Services Milwaukee LLC to operate the sewerage system. From March 1, 2008 on, MMSD contracted with Veolia Water North America-Central, LLC to operate the system.

    Through agreements, both companies were obligated to indemnify MMSD for claims arising out of the operations and maintenance of the system and to obtain insurance to cover their indemnity obligations. Both companies complied.

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

    How to Challenge a Project Labor Agreement

    May 24, 2018 —
    Building and Construction Trades Council of Metropolitan District v. Associated Builders and Contractors of Massachusetts Rhode Island, Inc Massachusetts Water Resources Authority v. Associated Builders and Contractors of Massachusetts Rhode Island, Inc, 507 U.S. 218, 113 S.Ct. 1190, 122 L.Ed.2d 565 (1993) , affectionately knows as Boston Harbor, is the seminal Supreme Court decision that held that the National Labor Relations Act (“NLRA”) does not preempt government mandated project labor agreements (“PLAs”) if the government entity is acting as a market participant rather than a market regulator. Boston Harbor has led to many believing that virtually all PLAs are legal when the government agency is a project owner or if the PLA involves a private project. However, does Boston Harbor really cut that far? In short, no. The primary issue in Boston Harbor was one of preemption. The Supreme Court addressed whether the NLRA preempted state and local laws and ordinances mandating PLAs. On that narrow issue, the Supreme Court said there is no preemption if the government is acting as a market participant. What the Court did not address is whether other federal statutes invalidate PLAs. Specifically, whether PLA’s can run afoul of Section 8(e), the so called “hot cargo” provisions, of the NLRA. Read the court decision
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    Reprinted courtesy of Wally Zimolong, Zimolong LLC
    Mr. Zimolong may be contacted at

    Disputed Facts on Cause of Collapse Results in Denied Cross-Motions for Summary Judgment

    January 31, 2018 —

    Although the court concluded that the policy covered a loss caused by the weight of snow, disputed facts as to the cause of the collapse led to the denial of cross-motions for summary judgment. Freeway Drive Inv., LLC v Employers Mut. Cas. Co., 2017 U.S Dist. LEXIS 207165 (E.D Mich. Dec. 18, 2017).

    Freeway Drive owned a single story commercial building insured by Employers Mutual Casualty Company (EMCC). The building sustained damage when trusses within the roof shifted and dropped, causing visible sagging. EMCC denied Freeway Drive's claim.

    Freeway Drive hired structural engineer Abdul Brinjikji to inspect the damage. He visited the building three times. On the first visit, he saw snow on the roof but could not estimate how much. Nevertheless, he opined that the collapse was caused by an overload of snow. He developed a plan to shore up the roof and repairs commenced.

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

    Important Environmental Insurance Ruling Issued In Protracted Insurance-Coverage Dispute

    May 16, 2018 —
    The latest ruling in the long-running environmental insurance case, Olin Corporation v. Lamorak Ins. Co., was released on April 18, 2018, by Judge Rakoff of the U.S. District Court of the Northern District of New York. Judge Rakoff granted motions for summary judgment filed by Olin Corporation (Olin) and The London Market Insurers, and awarded Olin $55M for its claims against Lamorak Insurance Company (Lamorak). As Judge Rakoff notes, “the overall litigation, having already outlived two federal judges, is now before the unlucky undersigned.” This ruling is in response to the Second Circuit’s most recent decision in Olin Corp. v. OneBeacon Americans Ins. Co. Read the court decision
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    Reprinted courtesy of Anthony B. Cavender, Pillsbury Winthrop Shaw Pittman LLP
    Mr. Cavender may be contacted at