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    Construction Expert Witness Builders Information
    Palmer, Alaska

    Alaska Builders Right To Repair Current Law Summary:

    Current Law Summary: HB151 limits the damages that can be awarded in a construction defect lawsuit to the actual cost of fixing the defect and other closely related costs such as reasonable temporary housing expenses during the repair of the defect, any reduction in market value cause by the defect, and reasonable and necessary attorney fees.


    Construction Expert Witness Contractors Licensing
    Guidelines Palmer Alaska

    Commercial and Residential Contractors License Required


    Construction Expert Witness Contractors Building Industry
    Association Directory
    Mat-Su Home Builders Association
    Local # 0230
    609 S KNIK GOOSE BAY RD STE G
    Wasilla, AK 99654

    Palmer Alaska Construction Expert Witness 10/ 10

    Home Builders Association of Alaska
    Local # 0200
    8301 Schoon St Ste 200
    Anchorage, AK 99518

    Palmer Alaska Construction Expert Witness 10/ 10

    Home Builders Association of Anchorage
    Local # 0215
    8301 Schoon St Ste 200
    Anchorage, AK 99518

    Palmer Alaska Construction Expert Witness 10/ 10

    Kenai Peninsula Builders Association
    Local # 0233
    PO Box 1753
    Kenai, AK 99611

    Palmer Alaska Construction Expert Witness 10/ 10

    Interior Alaska Builders Association
    Local # 0235
    938 Aspen Street
    Fairbanks, AK 99709

    Palmer Alaska Construction Expert Witness 10/ 10

    Northern Southeast Alaska Building Industry Association
    Local # 0225
    9085 Glacier Highway Ste 202
    Juneau, AK 99801

    Palmer Alaska Construction Expert Witness 10/ 10

    Southern Southeast Alaska Building Industry Association
    Local # 0240
    PO Box 6291
    Ketchikan, AK 99901

    Palmer Alaska Construction Expert Witness 10/ 10


    Construction Expert Witness News and Information
    For Palmer Alaska


    Coverage Denied for Faulty Blasting and Improper Fill

    The Burden of Betterment

    Forcible Entry and Detainer Actions: Courts May Not Consider Tenant’s Hardship

    California Construction Bill Dies in Committee

    Biden Unveils $2.3 Trillion American Jobs Plan

    Todd Seelman Recognized as Fellow of Wisconsin Law Foundation

    Another Reason to Always Respond (or Hensel Phelps Wins One!)

    Attorneys' Fee Clauses are Engraved Invitations to Sue

    Vincent Alexander Named to Florida Trend’s Legal Elite

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    2017 Colorado Construction Defect Recap: Colorado Legislature and Judiciary Make Favorable Advances for Development Community

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    Award Doubled in Retrial of New Jersey Elevator Injury Case

    Empire State Building Owners Sue Photographer for Topless Photo Shoot

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    Nevada Bill Aims to Reduce Legal Fees For Construction Defect Practitioners

    Falling Crime Rates Make Dangerous Neighborhoods Safe for Bidding Wars

    Reasonableness of Denial of Requests for Admission Based Upon Expert’s Opinions Depends On Factors Within Party’s Understanding

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    Dispute Resolution Provision in Subcontract that Says Owner, Architect or Engineer’s Decision Is Final

    Seventh Circuit Remands “Waters of the United States” Case to Corps of Engineers to Determine Whether there is a “Significant Nexus”

    Traub Lieberman Partner Bradley T. Guldalian Wins Summary Judgment

    New York Converting Unlikely Buildings into Condominiums

    Miller Act Claim for Unsigned Change Orders

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    Your “Independent Contractor” Clause Just Got a Little Less Relevant

    Locating Construction Equipment with IoT and Mobile Technology

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    Tenants Who Negligently Cause Fires in Florida Beware: You May Be Liable to the Landlord’s Insurer

    Fourth Circuit Questions EPA 2020 Clean Water Act 401 Certification Rule Tolling Prohibition

    Five-Year Statute of Limitations on Performance-Type Surety Bonds

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    ASBCA Validates New Type of Claim Related to Unfavorable CPARS Review [i]

    Funding the Self-Insured Retention (SIR)

    Third Circuit Limits Pennsylvania’s Kvaerner Decision; Unexpected and Unintended Injury May Constitute an “Occurrence” Under Pennsylvania Law
    Corporate Profile

    PALMER ALASKA CONSTRUCTION EXPERT WITNESS
    DIRECTORY AND CAPABILITIES

    Leveraging from more than 7,000 construction defect and claims related expert witness designations, the Palmer, Alaska Construction Expert Witness Group provides a wide range of trial support and consulting services to Palmer'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
    Palmer, Alaska

    Expert Can be Questioned on a Construction Standard, Even if Not Relied Upon

    August 07, 2022 —
    It’s not uncommon in construction defect litigation for each side retain one or more experts to give their opinion as to whether something was constructed in accordance with the standard of care. This usually results in what we legal practitioners call a “battle of the experts.” The California Code of Civil Procedure and Evidence Code include specific provisions applicable to experts including when they must be disclosed, when and how they can be deposed, and what opinions they can render. When attempting to challenge an expert it is not uncommon for one side to argue that the other side’s expert did not consider a certain fact or certain standard in reaching his or her opinion, therefore, allowing that party to argue at trial that the expert’s opinion is somehow flawed. However, there are also certain limitations, including a limitation restricting a party from cross-examining an expert on any scientific, technical, or professional test, treatise, journal or similar publication if the witness did not rely on such publication in arriving at or forming his or her opinion. The next case, Paige v. Safeway, Inc. (2021) 74 Cal.App.5th 1108, involved a case of first impression: Namely, whether an expert who did not rely on a publication in forming his or her opinion can nevertheless be questioned on a publication (in this case an ASTM standard) because the publication is a “reliable authority.” Read the full story...
    Reprinted courtesy of Garret Murai, Nomos LLP
    Mr. Murai may be contacted at gmurai@nomosllp.com

    Gene Witkin Celebrates First Anniversary as Member of Ross Hart’s Mediation Team

    May 23, 2022 —
    LOS ANGELES, California, May 18, 2022 – With a near perfect record of resolving cases, Gene is particularly passionate about helping parties get closure and minimize the significant costs of civil discovery and trial. He attributes the high success rate to empathy for all sides from his diverse prior experience representing both plaintiffs and defendants in civil litigation, as well as his extensive past experience as insurance coverage counsel for both insureds and insurers. In recent months, two cases in particular were at an impasse due to insurance issues. The parties were able to bridge the gap and resolve the disputes, with mediator help on subtle coverage issues in one case (working through technical policy provisions together) and a creative settlement structure in the other (involving allocation of payments under the insurance policy). Gene also credits the successful resolutions in part to pre-mediation calls with the parties to better define the obstacles to resolution. Gene, along with Ross Hart and several AMCC neutrals were thrilled to see many of their colleagues and construction defect stakeholders earlier this month at the West Coast Casualty seminar, which certainly heralded a successful return to in person events. For more information or to schedule a mediation, please contact case administrator Stephanie Felton at admin@amccenter.com. About AMCC For more than 30 years the principals of AMCC have been serving the construction, real estate and insurance industries as a full service ADR firm. In addition to administering multiple terms of the CSLB contract for the state, AMCC is the recognized leader in California for administering insurance appraisals under Insurance Code 2071, as well as numerous other related ADR services such as partnering and dispute review boards. For more information please visit www.amccenter.com.

    The Impact of the IIJA and Amended Buy American Act on the Construction Industry

    May 23, 2022 —
    Contractors working on federally funded construction projects need to be aware of the new Infrastructure Investment and Jobs Act (IIJA) and amendments to the Buy American Act (BAA) which have expanded the requirement that contractors use domestic goods and materials on their projects. Failure to consider these requirements could have far-reaching impacts. Overview of Domestic-Procurement Laws and Regulations A number of domestic-preference laws exist today, which generally require that certain goods purchased with federal funds must be produced primarily in the United States. Projects affected include Department of Transportation (DOT)-funded highways, public transportation, airports, aviation, and rail, and Environmental Protection Agency (EPA)-funded water infrastructure initiatives, among others. Reprinted courtesy of Chad Theriot, Jones Walker (ConsensusDocs) and Stan Millan, Jones Walker (ConsensusDocs) Mr. Theriot may be contacted at ctheriot@joneswalker.com Mr. Millan may be contacted at smillan@joneswalker.com Read the full story...

    Ex-Engineered Products Firm Executive Convicted of Bid Rigging

    March 06, 2022 —
    A federal jury convicted a former executive at an engineered construction products firm Feb. 1 for his role in a bid-rigging scheme that targeted the North Carolina Dept. of Transportation. Reprinted courtesy of James Leggate, Engineering News-Record Mr. Leggate may be contacted at leggatej@enr.com Read the full story...

    New York Court of Appeals Takes Narrow View of Labor Law Provisions in Recent Cases

    July 03, 2022 —
    Since the end of March, the New York State Court of Appeals has issued decisions in favor of the defense concerning New York Labor Law §240 and §241. These pro-defendant decisions take a narrow view of the scope of the Labor Law provisions. However, while it remains to be seen how the Court’s below will apply the Court of Appeal’s reasoning, these recent decisions are beneficial for the defense bar going forward. In Toussaint v Port Auth. of N.Y. & N.J March 22, 2022 N.Y. LEXIS 391 | 2022 NY Slip Op 01955 | 2022 WL 837579, the Court held that 12 NYCRR 23-9.9 (a), does not set forth a concrete specification sufficient to give rise to a non-delegable duty under Labor Law § 241 (6). In Toussaint Plaintiff, who was an employee of Skanska USA Civil Northeast, Inc., brought the lawsuit against the Port Authority asserting claims under Labor Law § 200 (1) and Labor Law § 241 (6) after he was struck by a power buggy while operating a rebar-bending machine at the World Trade Center Transportation Hub construction site owned by the Port Authority of New York and New Jersey. Power buggies are small, self-operated vehicles used to move materials on construction sites. On the day of the accident, a trained and properly designated operator drove the buggy into the area near the plaintiff's workstation. That vehicle operator got off the vehicle, but short time thereafter, another worker—who was not designated or trained to do so—drove the buggy a short while prior to losing control and striking plaintiff. Plaintiff relied upon 12 NYCRR 23-9.9(a) which states that “[no person other than a trained and competent operator designated by the employer shall operate a power buggy.” In rejecting plaintiff’s argument the Court held that the "trained and competent operator" requirement is general, as it lacks a specific requirement or standard of conduct. Reprinted courtesy of Lisa M. Rolle, Traub Lieberman and Matthew Feinberg, Traub Lieberman Ms. Rolle may be contacted at lrolle@tlsslaw.com Mr. Feinberg may be contacted at mfeinberg@tlsslaw.com Read the full story...

    Substitutions On a Construction Project — A Specification Writer Responds

    July 03, 2022 —
    In response to the post about Substitute Materials on a construction project, Phil Kabza explains how his company, SpecGuy, handles tracking of all such materials on a project. Phil writes: Excellent and important topic, about which there is much confusion among design professionals and contractors. We try to maintain definitions for:
    • Pre-bid requests for prior approval of proposed comparable products where products are named in the specifications
    • True pre-bid substitution requests that present an alternate type of product from that specified (ie., not “comparable” but perhaps suitable)
    • Read the full story...
      Reprinted courtesy of Melissa Dewey Brumback, Ragsdale Liggett
      Ms. Brumback may be contacted at mbrumback@rl-law.com

      Endorsement to Insurance Policy Controls

      March 28, 2022 —
      I’ve said this before, and I’ll say it again: an insurance policy is a complicated reading and this reading gets compounded with endorsements that modify aspects of the policy. What you think may be covered may in fact not be covered by virtue of an endorsement to the insurance policy. This is why when you request an insurance policy you want to see the policy PLUS all endorsements to the policy. And when you analyze a policy, you need to do so with a full reading of the endorsements. An endorsement to an insurance policy will control over conflicting language in the policy. Geovera Speciality Ins. Co. v. Glasser, 47 Fla.L.Weekly D436a (Fla. 4th DCA 2022) (citation omitted). The homeowner’s insurance coverage dispute in Glasser illustrates this point. Here, the policy had a water loss exclusion. There was an exception to the exclusion for an accidental discharge or overflow of water from a plumbing system on the premises. But there was an endorsement. The endorsement modified the water loss exclusion to clarify that the policy excluded water damage “in any form, including but not limited to….” Examples were then given which did not include the accidental discharge or overflow of water from a plumbing system. Read the full story...
      Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
      Mr. Adelstein may be contacted at dma@kirwinnorris.com

      ASCE Report Calls for Sweeping Changes to Texas Grid Infrastructure

      March 28, 2022 —
      A just-released detailed analysis of the catastrophic 2021 Texas winter storm finds systemic flaws in the state's electric sector contributed to a “cascade of failures” that overwhelmed its power grid and left millions freezing in the dark. Reprinted courtesy of C.J. Schexnayder, Engineering News-Record ENR may be contacted at enr@enr.com Read the full story...