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    New Washington, Pennsylvania

    Pennsylvania Builders Right To Repair Current Law Summary:

    Current Law Summary: HB 1875 stipulates that “no later than 90 days before filing an action, serve written notice of claim on the contractor. Upon receipt of notice, builder has 15 days to forward the claim to any subcontractor/supplier and 30 days after service of notice to offer to compromise and settle the claim by monetary payment without inspection, propose to inspect the dwelling that is the subject of the claim; or reject the claim. Contractor has 14 days after inspection to provide written notice of intention.”

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    No state license required. For public works projects, see General Services website.

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    Home Builders Association of Adams County
    Local # 3920
    PO Box 3321
    Gettysburg, PA 17325
    New Washington Pennsylvania Construction Expert Witness 10/ 10

    Builders Association of Fayette County
    Local # 3961
    PO Box 1323
    Uniontown, PA 15401
    New Washington Pennsylvania Construction Expert Witness 10/ 10

    Somerset Co Builders Association
    Local # 3958
    PO Box 221
    Berlin, PA 15530

    New Washington Pennsylvania Construction Expert Witness 10/ 10

    Franklin County Builders Association
    Local # 3912
    1102 Sheller Ave Ste C
    Chambersburg, PA 17201

    New Washington Pennsylvania Construction Expert Witness 10/ 10

    Building Industry Association of Philadelphia
    Local # 3946
    1735 Market St Ste A432
    Philadelphia, PA 19103

    New Washington Pennsylvania Construction Expert Witness 10/ 10

    Home Builders Association of Chester & Delaware Co
    Local # 3941
    1502 McDaniel Dr
    West Chester, PA 19380

    New Washington Pennsylvania Construction Expert Witness 10/ 10

    York County Builders Assn
    Local # 3972
    540 Greebriar Road
    York, PA 17404

    New Washington Pennsylvania Construction Expert Witness 10/ 10

    Construction Expert Witness News and Information
    For New Washington Pennsylvania

    Official Tried to Influence Judge against Shortchanged Subcontractor

    Counterpoint: Washington Supreme Court to Rule on Resulting Losses in Insurance Disputes

    Empire State Building Owners Sue Photographer for Topless Photo Shoot

    Wisconsin “property damage” caused by an “occurrence.”

    Nevada Supreme Court Declares Subcontractor Not Required to Provide Pre-Litigation Notice to Supplier

    Notice of Claim Sufficient to Invoke Coverage

    Defining Construction Defects

    S&P 500 Little Changed on Home Sales Amid Quarterly Rally

    2011 West Coast Casualty Construction Defect Seminar – Recap

    Subcontractor Exception to Your Work Exclusion Paves the Way for Coverage

    Alleged Defective Water Pump Leads to 900K in Damages

    Mortgage Battle Flares as U.K. Homebuying Loses Allure

    Sellers of South Florida Mansion Failed to Disclose Construction Defects

    Google’s Floating Mystery Boxes Solved?

    Anti-Assignment Provision Unenforceable in Kentucky

    Domtar Update

    Miller Wagers Gundlach’s Bearish Housing Position Loses

    Houses Can Still Make Cents: Illinois’ Implied Warranty of Habitability

    Massachusetts Lawyers Weekly Honors Construction Attorney

    Condos Down in Denver Due to Construction Defect Litigation

    Alabama “occurrence” and subcontractor work exception to the “your completed work” exclusion

    Mark Van Wonterghem To Serve as Senior Forensic Consultant in the Sacramento Offices of Bert L. Howe & Associates, Inc.

    Hanover, Germany Apple Store Delayed by Construction Defects

    Defense Victory in Breach of Fiduciary Action

    City Drops Impact Fees to Encourage Commercial Development

    What to Know Before Building a Guesthouse

    Former Hoboken, New Jersey Mayor Disbarred for Taking Bribes

    “Other Insurance” and Indemnity Provisions Determine Which Insurer Must Cover

    Renovate or Demolish Milwaukee’s Historic City Hall?

    Another Colorado City Passes Construction Defects Ordinance

    Chinese Drywall Manufacturer Claims Product Was Not for American Market

    Construction Down in Twin Cities Area

    Manufacturer of Asbestos-Free Product May Still Be Liable for Asbestos Related Injuries

    Falling Crime Rates Make Dangerous Neighborhoods Safe for Bidding Wars

    Senate’s Fannie Mae Wind-Down Plan Faces High Hurdles

    Commercial Construction Lenders Rejoice: The Pennsylvania Legislature Provides a Statutory fix for the “Kessler” Decision

    NEW DEFECT WARRANTY LAWS – Now Applicable to Condominiums and HOAs transitioning from Developer to Homeowner Control. Is Your Community Aware of its Rights Under the New Laws?

    Implied Warranties for Infrastructure in Florida Construction Defect Claims

    Efficient Proximate Cause Doctrine Bars Coverage for Collapse of Building

    Construction Industry Survey Says Optimism Hits All-Time High

    In Florida, Exculpatory Clauses Do Not Need Express Language Referring to the Exculpated Party's Negligence

    Virginia General Assembly Helps Construction Contractors

    Panama Weighs Another Canal Expansion at Centennial Mark

    State Farm to Build Multi-Use Complex in Dallas Area

    Preparing for the 2015 Colorado Legislative Session

    CRH to Buy Building-Products Firm Laurence for $1.3 Billion

    Ohio “property damage” caused by an “occurrence.”

    Hawaii Construction Defect Law Increased Confusion

    Loss Caused by Subcontractor's Faulty Work Covered in Georgia

    New EPA Regulation for Phase I Environmental Site Assessments
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    The New Washington, Pennsylvania Construction Expert Witness Group at BHA, leverages from the experience gained through more than 4,500 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 New Washington'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
    New Washington, Pennsylvania

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

    October 15, 2014 —
    The Denver Post reported that the Lakewood City Council passed an ordinance “designed to soften the effects of Colorado's controversial construction-defects law.” Specifically, the ordinance “gives developers and builders a ‘right to repair’ defects before facing litigation and would require condominium association boards to get consent from a majority of homeowners — rather than just the majority of the board — before filing suit.” Not all residents are in favor of the ordinance. "It protects builders and big business at the expense of homeowners," Chad Otto, former president of the Grant Ranch homeowners association, told the crowd, as quoted by the Denver Post. "Does Lakewood want to be known as the mecca of poorly built condos?" Proponents of the measure, including Lakewood Mayor Bob Murphy, claim that “Colorado's defects law…has forced up insurance premiums on new condo projects to the point where they are no longer feasible to build.” Furthermore, according to the Denver Post, “Condos represented only 4.6 percent of total new home starts in metro Denver in the second quarter of 2014, versus more than 26 percent in 2008, according to Metrostudy.” Read the full story...

    Building Growth Raises Safety Concerns

    November 20, 2013 —
    With the resurgence of the construction industry, another trend is going up and it’s not good. The workplace fatality rate for the construction industry has increased for the first time since 2006, according to a new report from Marsh Risk Consulting, based on data from the U.S. Bureau of Labor Statistics. The increase to 9.5 deaths per 100,000 workers is attributed to “an influx of new, inexperienced workers” and that “some contractors are stretching their hiring standards to meet project demands.” Read the full story...

    Fracking Fears Grow as Oklahoma Hit by More Earthquakes Than California

    July 09, 2014 —
    Squinting into a laptop perched on the back of his pickup, Austin Holland searches for a signal from a coffee-can-sized sensor buried under the grassy prairie. Holland, Oklahoma’s seismology chief, is determined to find the cause of an unprecedented earthquake epidemic in the state. And he suspects pumping wastewater from oil and gas drilling back into the Earth has a lot to do with it. “If my research takes me to the point where we determine the safest thing to do is to shut down injection -- and consequently production -- in large portions of the state, then that’s what we have to do,” Holland said. “That’s for the politicians and the regulators to work out.” So far this year, Oklahoma has had more than twice the number of earthquakes as California, making it the most seismically active state in the continental U.S. As recently as 2003, Oklahoma was ranked 17th for earthquakes. That shift has given rise to concern among communities and environmentalists that injecting vast amounts of wastewater back into the ground is contributing to the rise in Oklahoma’s quakes. The state pumps about 350,000 barrels of oil a day, making it the fifth largest producer in the U.S. Read the full story...
    Reprinted courtesy of Zain Shauk, Bloomberg
    Mr. Shauk may be contacted at

    Florida Courts Say that Developers Are Responsible for Flooding

    July 31, 2013 —
    The Florida Supreme Court recently handed down a decision that developers can be held responsible if problems with infrastructure lead to damage to homes. Aaron Kase, writing on, reviews the case, noting that the court said that “habitability of a home is impacted by stagnant standing water and the erosion of soil upon which the home is constructed. One need not wait until floodwaters inundate the home or the erosion swallows the residential structure to find protection.” Kase notes that a trial court “sided with the developers’ argument that because the water infrastructure didn’t immediately support the houses, implied warranties of fitness and habitability shouldn’t apply and they shouldn’t be liable.” This was overturned at the district court, with the Supreme Court upholding the district court decision. Lisa Wilcox of Wilcox Law notes that “the Supreme Court determined that the warranty of habitability should be applied to protect home buyers from defects in the construction of these essential services even though they are not part of a home’s completed structure.” Read the full story...

    Irene May Benefit Construction Industry

    September 01, 2011 —

    Noting that while it wasn’t the $15 billion disaster some predicted, Hurricane Irene still caused quite a bit of damage on its path up the Eastern Seaboard. Martha White, reporting for MSNBC cites Kinetc Analysis Corp. with an estimate of $7 billion in damage. Carl Van Horn, a professor of public policy at Rutgers University expected an initial decline in construction jobs, due to projects delayed due to the storm’s arrival, but he said, “a few weeks later, employment picks up as people rebuild.”

    Kinetic says that one unknown is how much of the damage is insured. They expect only $3 billion of damage will be covered by insurance. This would likely put a drag on consumer spending, as homeowners would have to dig into their own pockets to pay for repairs, according to Karl Smith, associate professor of economics and government at the University of North Carolina at Chapel Hill.

    Read the full story…

    More Broad-Based Expansion for Construction Industry Expected in 2015

    January 07, 2015 —
    It’s a short week for most of us this week. Christmas is over and New Year’s is approaching. So, what will 2015 bring us? According Dodge Data & Analytics’s 2015 Dodge Construction Outlook: Continuing expansion of the construction sector, but one that is more broad-based than in recent years. “The economic environment going forward carries several positives that will help to further lift total construction starts,” said Robert Murray, Chief Economist and Vice President at Dodge Data & Analytics. “Financing for construction projects is becoming more available, reflecting some easing of bank lending standards, a greater focus on real estate development by the investment community, and more construction bond measures getting passed. While federal funding for construction programs is still constrained, states are now picking up some of the slack. Interest rates for the near term should stay low, and market fundamentals (occupancies and rents) for commercial building and multifamily housing continue to strengthen.” Read the full story...
    Reprinted courtesy of Garret Murai, Wendel Rosen Black & Dean LLP
    Mr. Murai may be contacted at

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

    January 28, 2015 —
    Over the past two weeks here at Construction Law Musings, I’ve discussed the first two stages of a typical construction dispute (if such a thing exists): the claim, and how to bring heat short of litigation/arbitration. As promised, this week I’ll be discussing the next step or “last straw” in a construction dispute, namely, arbitration or litigation to enforce all of those rights that you preserved in the first two stages. Construction litigation is expensive, time consuming, and, quite frankly, a pain in the neck. Because of this fact, I almost always recommend that my construction clients exhaust all of the non-litigation methods (including mediation of course) of resolving their disputes prior to “going nuclear” and filing suit. Unfortunately, even the most diligent attempts at less formal resolution means can be unfruitful and more formal means become necessary. Read the full story...
    Reprinted courtesy of Christopher G. Hill, Law Office of Christopher G. Hill, PC
    Mr. Hill may be contacted at

    Hawaii Building Codes to Stay in State Control

    March 01, 2012 —

    The Hawaii State Senate voted down Senate Bill 2692. Had it been passed, the State Building Code Council would have been abolished and building codes would have become the responsibility of county governments. The bill was opposed by the Insurance Institute for Business and Home Safety. Their director of code development, Wanda Edwards said that the bill “would have undermined key components that are essential to an effective state building code regime.”

    Read the full story…