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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


    Coverage for Faulty Workmanship Denied

    New American Home Construction Nears Completion Despite Obstacles

    Homeowners Not Compelled to Arbitration in Construction Defect Lawsuit

    2019’s Biggest Labor and Employment Moves Affecting Construction

    Construction in Indian Country – What You Need To Know About Sovereign Immunity

    Bert L. Howe & Associates Returns as a Sponsor at the 30th Annual Construction Law Conference in San Antonio

    Just Because I May Be An “Expert” Does Not Mean I Am Giving Expert Testimony

    Noncumulation Clause Limits Coverage to One Occurrence

    Ohio subcontractor work exception to the “your work” exclusion

    Roadway Contractor Owed Duty of Care to Driver Injured Outside of Construction Zone

    BHA Has a Nice Swing: Firm Supports NCHV and Final Salute at 2017 WCC Seminar

    Wilke Fleury Attorneys Recognized in “The Best Lawyers in America” & “Best Lawyers: One’s to Watch” 2024 Editions

    Anatomy of a Construction Dispute- A Wrap Up

    Skanska Found Negligent for Damages From Breakaway Barges

    Hydrogen Powers Its Way from Proof of Concept to Reality in Real Estate

    Insurer’s Attempt to Shift Cost of Defense to Another Insurer Found Void as to Public Policy

    New 2021 ALTA/NSPS Land Title Survey Standards Effective February 23, 2021

    Traub Lieberman Elects New Partners for 2020

    Another Smart Home Innovation: Remote HVAC Diagnostics

    US Secretary of Labor Withdraws Guidance Regarding Independent Contractors

    Florida’s Citizens Property Insurance May Be Immune From Bad Faith, But Is Not Immune From Consequential Damages

    A Court-Side Seat: Clean Air, Clean Water, Endangered Species and Deliberative Process Privilege

    Top 10 Hurricane Preparedness Practices for Construction Sites

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

    How to Mitigate Lien Release Bond Premiums with Disappearing Lien Claimants

    Designers Face Fatal Pedestrian Bridge Collapse Fallout

    Condo Building Increasing in Washington D.C.

    Safe Harbors- not just for Sailors anymore (or, why advance planning can prevent claims of defective plans & specs) (law note)

    If Passed, New Bill AB 2320 Will Mandate Cyber Insurance For State Government Contractors

    Pay Loss Provision Does Not Preclude Assignment of Post-Loss Claim

    Tarriffs, a Pandemic and War: Construction Contracts Must Withstand the Unforeseeable

    Adjuster's Report No Substitute for Proof of Loss Under Flood Policy

    Design and Construction Defects Not a Breach of Contract

    Sustainable, Versatile and Resilient: How Mass Timber Construction Can Shake Up the Building Industry

    Reference to "Man Made" Movement of Earth Corrects Ambiguity

    Coverage Exists for Landlord as Additional Insured

    NTSB Cites Design Errors in Fatal Bridge Collapse

    Haight’s Sacramento Office Has Moved

    Inside New York’s Newest Architectural Masterpiece for the Mega-Rich

    Disaster Remediation Contracts: Understanding the Law to Avoid a Second Disaster

    Title II under ADA Applicable to Public Rights-of-Way, Parks and Other Recreation Areas

    Is Ohio’s Buckeye Lake Dam Safe?

    Plehat Brings Natural Environments into Design Tools

    Insurer Cannot Abandon Defense Agreement on Underlying Asbestos Claims Against Insured

    ASCE Statement on Calls to Suspend the Federal Gas Tax

    New York: The "Loss Transfer" Opportunity to Recover Otherwise Non-Recoverable First-Party Benefits

    Federal District Court Finds Coverage Barred Because of Lack of Allegations of Damage During the Policy Period and Because of Late Notice

    Certain Private Projects Now Fall Under Prevailing Wage Laws. Is Yours One of Them?

    Property Owner’s Defense Goes Up in Smoke in Careless Smoking Case

    Insurer's Failure to Settle Does Not Justify Multiple Damages under Unfair Claims Settlement Law
    Corporate Profile

    ASHBURN VIRGINIA CONSTRUCTION EXPERT WITNESS
    DIRECTORY AND CAPABILITIES

    The Ashburn, Virginia Construction Expert Witness Group is comprised from a number of credentialed construction professionals possessing extensive trial support experience relevant to construction defect and claims matters. Leveraging from more than 25 years experience, BHA provides construction related trial support and expert services to the nation's most recognized construction litigation practitioners, Fortune 500 builders, commercial general liability carriers, owners, construction practice groups, and a variety of state and local government agencies.

    Construction Expert Witness News & Info
    Ashburn, Virginia

    Construction Litigation Roundup: “Apparently, It’s Not Always Who You Know”

    December 16, 2023 —
    A respondent party in a pair of international arbitrations on the losing end of roughly $285,000,000 in adverse awards attacked the awards based upon arbitrator bias. “If there is one bedrock rule in the law of arbitration, it is that a federal court can vacate an arbitral award only in exceptional circumstances. … The presumption against vacatur applies with even greater force when a federal court reviews an award rendered during an international arbitration.” Applying the Federal Arbitration Act (according to the court, the international arbitrations were “seated” in the United States and fell under the New York Convention, such that the FAA is required to be the basis for vacatur efforts), the court examined assertions that certain alleged non-disclosures by the panel “concealed information related to the arbitrators’ possible biases and thereby ‘deprived [respondent] of [its] fundamental right to a fair and consensual dispute resolution process.’” The aggrieved party urged that one arbitrator’s undisclosed nomination of another arbitrator to serve as president of another arbitral panel – “a position that sometimes pays hundreds of thousands of dollars” – possibly influenced the second arbitrator to side with the first. Assertions were also levied that the arbitrators’ undisclosed work with the attorneys for the claimant in other arbitrations “allowed them to become familiar with each other, creating a potential conflict of interest.” Read the full story...
    Reprinted courtesy of Daniel Lund III, Phelps
    Mr. Lund may be contacted at daniel.lund@phelps.com

    Construction Contract Basics: Venue and Choice of Law

    February 19, 2024 —
    Previously in this on-again-off-again series of posts on construction contract basics, I discussed attorney fees provisions and indemnification. In this installment, the topic at hand is venue and choice of law. As construction professionals (outside of us construction attorneys), you are likely to be focused on things like the scope of work in a construction contract, the price terms, payment, delays, change orders, and the like. However, the venue (where any lawsuit or arbitration will have to happen) and the choice of law (what state’s law applies) can be equally important. You need to know where you will have to enforce your rights under the contract and also what law will apply. Will you need to go to another state to enforce your rights? Even if not, will your local attorney have to learn the law of another jurisdiction? These are important questions when reading and negotiating your prime contract (if with the owner) or subcontract (if with the general contractor). Read the full story...
    Reprinted courtesy of The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at chrisghill@constructionlawva.com

    Jersey Shore Town Trying Not to Lose the Man vs. Nature Fight on its Eroded Beaches

    February 26, 2024 —
    NORTH WILDWOOD, N.J. (AP) — A New Jersey shore town locked in a legal battle with the state over tens of millions of dollars it has spent trying -- mostly in vain -- to hold back the ocean now is more vulnerable than ever. A recent winter storm destroyed part of the sand dunes in North Wildwood, leaving tiny piles about the size of a child’s sand castle to protect a popular resort town with $2.5 billion worth of private property, and at least that much in government buildings and infrastructure. New Jersey has fined the town $12 million for unauthorized beach repairs that it says could worsen erosion, while the city is suing to recoup the $30 million it has spent trucking sand to the site for over a decade. Read the full story...
    Reprinted courtesy of Bloomberg

    Restoring the USS Alabama: Surety Lessons From an 80-Year-Old Battleship

    November 13, 2023 —
    It’s not every day that a construction company gets to renovate an 80-year-old battleship. Yet that’s exactly where Youngblood-Barrett Construction & Engineering workers found themselves when they began restoring the main deck of the USS Alabama, a storied World War II battleship. The USS Alabama has a remarkable past. One of four South Dakota–class battleships, the “Mighty A” was commissioned in 1942. It deployed first to the Atlantic and then to the Pacific, where it earned nine battle stars for meritorious service. At 680 feet long and 108 feet wide, the “Heroine of the Pacific” had a wartime crew of 2,500 men. By 1962, though, the Navy was ready to scrap it. That’s when the state of Alabama decided to acquire the ship and preserve it as a museum. The USS Alabama was moved to Mobile and opened to the public in January 1965. Reprinted courtesy of Richard Sghiatti, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

    Appellate Court Lacks Jurisdiction Over Order Compelling Appraisal

    January 16, 2024 —
    The Eleventh Circuit recently held that the district court's order compelling appraisal and staying the proceedings pending appraisal was an interlocutory order that was not immediately appealable under 28 U.S.C. 1292 (a) (1). Positano Place at Naples Condominium Association, Inc. v. Empire Indem. Ins. Co., 2023 U.S. App. LEXIS 27961 (11th Cir. Oct. 20, 2023). Postiano Condominium Association suffered damage from Hurricane Irma. Pastiano notified its insurer, Empire, seven months later. Empire investigated the claim and inspected the property. Positano sent a written request for appraisal. Empire did not respond and Pastiano filed suit, alleging that the parties' dispute was not a coverage dispute but a dispute over the amount of the loss. Postiano moved to compel appraisal and to stay the proceedings pending completion of the appraisal. Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    Real Estate & Construction News Roundup (10/18/23) – Zillow’s New Pilot Program, Production Begins at Solar Panel Plant in Georgia, and More Diversity on Contracts for Buffalo Bills Stadium

    November 27, 2023 —
    In our latest roundup, Netflix announces plans to open brick-and-mortar locations, NYU develops a way to examine buildings using drones, robots and AI, distressed U.S. commercial real estate hits a 10-year high, and more! Read the full story...
    Reprinted courtesy of Pillsbury's Construction & Real Estate Law Team

    Insurer’s Broad Duty to Defend in Oregon, and the Recent Ruling in State of Oregon v. Pacific Indemnity Company

    January 02, 2024 —
    Oregon law mandates a broad duty to defend, requiring insurers to provide legal representation to their policyholders whenever there is a potential for coverage under the policy. The significance of this broad interpretation means that an insurer has a duty to defend an insured even in situations where the alleged facts only imply a covered claim, and even in situations where the underlying claim is ultimately not covered by the policy. The insurer’s duty to defend is triggered if the allegations of the complaint, reasonably interpreted, could result in the insured being held liable for damages covered by the policy. This is referred to as the “four-corners” rule; it is also sometimes referred to as the eight-corners rule (for the four corners of the complaint plus the four corners of the policy). Oregon’s adoption of a broad interpretation of the duty to defend affirmatively places the onus on insurers to err on the side of coverage. This broad duty to defend is based on the principle that an insured should not have to bear the expense of defending a lawsuit that the insurer may ultimately have to pay for. The duty to defend is also important because it helps ensure that insureds have access to legal representation when faced with a lawsuit. Read the full story...
    Reprinted courtesy of Keith Sparks, Ahlers Cressman & Sleight PLLC
    Mr. Sparks may be contacted at keith.sparks@acslawyers.com

    Meet the Forum's ADR Neutrals: LESLIE KING O'NEAL

    January 29, 2024 —
    Company: JAMS Office Location: Orlando, FL Email: lkoneal1117@gmail.com Website: https://www.jamsadr.com/oneal/ Law School: University of Florida, J.D. (1977) Types of ADR services offered: Mediation, arbitration, neutral evaluation Geographic area served: Nationwide Q: Describe the path you took to becoming an ADR neutral. A: Florida was one of the first states to allow judges to send civil cases to mediation. When I was an advocate, nearly all my cases went to mediation at least once—sometimes more than once! I became a firm believer in the value of mediation and other ADR methods. I became a Florida certified circuit court mediator in 2021 and I joined JAMS in 2022, after retiring as in-house counsel with Brasfield & Gorrie, a large commercial general contractor. I am also an adjunct professor at Pepperdine Law School, teaching arbitration theory and practice in its master of dispute resolution and master of laws programs. Read the full story...
    Reprinted courtesy of Marissa L. Downs, Laurie & Brennan, LLP
    Ms. Downs may be contacted at mdowns@lauriebrennan.com