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    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".

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    Guidelines Ashburn Virginia

    A contractor's license is required for all trades. Separate boards license plumbing, electrical, HVAC, gas fitting, and asbestos trades.

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    Association Directory
    Northern Virginia Building Industry Association
    Local # 4840
    3901 Centerview Dr Suite E
    Chantilly, VA 20151

    Ashburn Virginia Expert Witness Engineer 10/ 10

    The Top of Virginia Builders Association
    Local # 4883
    1182 Martinsburg Pike
    Winchester, VA 22603

    Ashburn Virginia Expert Witness Engineer 10/ 10

    Shenandoah Valley Builders Association
    Local # 4848
    PO Box 1286
    Harrisonburg, VA 22803

    Ashburn Virginia Expert Witness Engineer 10/ 10

    Piedmont Virginia Building Industry Association
    Local # 4890
    PO Box 897
    Culpeper, VA 22701

    Ashburn Virginia Expert Witness Engineer 10/ 10

    Fredericksburg Area Builders Association
    Local # 4830
    3006 Lafayette Blvd
    Fredericksburg, VA 22408

    Ashburn Virginia Expert Witness Engineer 10/ 10

    Augusta Home Builders Association Inc
    Local # 4804
    PO Box 36
    Waynesboro, VA 22980

    Ashburn Virginia Expert Witness Engineer 10/ 10

    Blue Ridge Home Builders Association
    Local # 4809
    PO Box 7743
    Charlottesville, VA 22906

    Ashburn Virginia Expert Witness Engineer 10/ 10

    Expert Witness Engineer News and Information
    For Ashburn Virginia

    The Miller Act Explained

    Ownership is Not a Conclusive Factor for Ongoing Operations Additional Insured Coverage

    US-Mexico Border Wall Bids Include Tourist Attraction, Solar Panels

    Deducting 2018 Real Property Taxes Prepaid in 2017 Comes with Caveats

    Construction Lien Needs to Be Recorded Within 90 Days from Lienor’s Final Furnishing

    Court Narrowly Interprets “Faulty Workmanship” Provision

    Lumber Liquidators’ Home-Testing Methods Get EPA Scrutiny

    Panel Declares Colorado Construction Defect Laws Reason for Lack of Multifamily Developments

    “Rip and Tear” Damage Remains Covered Under CGL Policy as “Accident”—for Now.

    Appraisal Process Analyzed

    Statutory Bad Faith and an Insured’s 60 Day Notice to Cure

    Firm Seeks to Squash Subpoena in Coverage CD Case

    Sales of New U.S. Homes Slump to Lowest Level Since November

    Home Builder Doesn’t See Long Impact from Hurricane

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    Chinese Billionaire Sues Local Governments Over Project Payment

    New Home Permits Surge in Wisconsin

    Safety Data: Noon Presents the Hour of Greatest Danger

    Court Finds No Occurrence for Installation of Defective flooring and Explains Coverage for Attorney Fee Awards

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    Pennsylvania’s Supreme Court Clarifies Pennsylvania’s Strict Liability Standard

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    Manhattan Home Sales Rise at Slower Pace as Prices Jump

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    Sobering Facts for Construction Safety Day

    Purely “Compensatory” Debts Owed by Attorneys to Clients (Which Are Not Disciplinary or Punitive Fees Imposed by the State Bar) Are Dischargeable In Bankruptcy

    Condominium Association Wins $5 Million Judgment against Developer

    Loss Caused by Theft, Continuous Water Discharge Not Covered

    Lightstone Committing $2 Billion to Hotel Projects

    Be Careful When Requiring Fitness for Duty Examinations

    CSLB Joint Venture Licenses – Providing Contractors With The Means To Expand Their Businesses

    Anti-Concurrent Causation Clause Bars Coverage for Pool Damage

    Assembly Bill 1701 Contemplates Broader Duty to Subcontractor’s Employees by General Contractor

    School District Practice Bulletin: Loose Lips Can Sink More Than Ships

    Nevada’s Construction Defect Law

    Construction Contracts Fall in Denver

    Subcontractor Not Estopped from Enforcing Lien Not Listed In Bankruptcy Petition

    Georgia Court Clarifies Landlord Liability for Construction Defects

    Liability Coverage for Claims of Publishing Secret Data Does Not Require Access by Others

    Florida High-Rise for Sale, Construction Defects Possibly Included

    Contract Change #9: Owner’s Right to Carry Out the Work (law note)

    Manhattan’s Property Boom Pushes Landlords to Sell Early

    Fla. Researchers Probe 'Mother of All Sinkholes'

    Home Prices Expected to Increase All Over the U.S.

    How BIM Can Serve Building Owners

    Another Guilty Plea In Nevada Construction Defect Fraud Case

    TV Kitchen Remodelers Sued for Shoddy Work

    School for Building Trades Helps Fill Need for Skilled Workers

    David M. McLain named Law Week Colorado’s 2015 Barrister’s Best Construction Defects Lawyer for Defendants

    Mediation Confidentiality Bars Malpractice Claim but for How Long?
    Corporate Profile


    The Ashburn, Virginia Expert Witness Engineer 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. Leveraging 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.

    Expert Witness Engineer News & Info
    Ashburn, Virginia

    The “Unavailability Exception” is Unavailable to Policyholders, According to New York Court of Appeals

    September 10, 2018 —
    The New York Court of Appeals recently upheld a prior appellate division decision finding that policyholders facing environmental claims, spanning multiple years, cannot force their insurers partially on the risk to provide coverage for years where the insurers did not issue policies, even though pollution insurance was unavailable in the marketplace. In Keyspan Gas E. Corp. v. Munich Reins. Am., Keyspan Gas East Corporation (“Keyspan”) argued other insurers should cover the period when pollution property insurance was unavailable in the marketplace, according to their pro-rata share of coverage. 31 N.Y.3d 51 (2018). In a unanimous decision, the Court emphasized the Appellate Division’s prior ruling that stated, “spreading risk should not by itself serve as a legal basis for providing free insurance to an insured.” Read the court decision
    Read the full story...
    Reprinted courtesy of William S. Bennett, Saxe Doernberger & Vita, P.C.
    Mr. Bennett may be contacted at

    New Rule Prohibits Use of Funds For Certain DoD Construction and Infrastructure Programs and Projects

    May 30, 2018 —
    Recently, our colleagues Glenn Sweatt and Alex Ginsberg published their Client Alert titled DFARS Clause Blocks Funding for Unsafe Projects in Afghanistan, Recently published regulation implements the FY17 NDAA to prohibit use of funds for DoD construction and infrastructure programs and projects in Afghanistan that cannot be safely accessed by U.S. Government personnel. Takeaways include:
    New rule prevents Government contracting officers from funding projects that are not able to be safely accessed by Government civilian or military personnel, as these may pose an increased risk of fraud, corruption or waste, or lack efficient oversight.
    Read the court decision
    Read the full story...
    Reprinted courtesy of Pillsbury's Construction & Real Estate Law Team

    Duuers: Better Proposals with Less Work

    July 21, 2018 —
    Small contractors, consultants, and design professionals have a love–hate relationship with responding to RFPs. Duuers, a Finnish startup, wants to turn this struggle into an inspiring experience. “We followed a day in the life of a hand-picked group of entrepreneurs,” says Paula Viinamäki, co-founder of Duuers. “We were flies on the wall, observing how small business owners wrestle with their daily tasks. Proposal-writing seemed to be an especially painful and time-consuming, yet vital, job.” Defining the Scope through Experiments After discovering this poorly supported but essential job that had to be done, Viinamäki and Jussi Paanajärvi, the other co-founder of Duuers, realized that they might be onto something. Consequently, they decided to start working on a prototype app for proposal-writing in the spring of 2017. Read the court decision
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    Reprinted courtesy of Aarni Heiskanen, AEC Business
    Mr. Heiskanen may be contacted at

    Changes and Extra Work – Is There a Limit?

    October 09, 2018 —
    Design and construction changes can be a challenge for everyone involved in a construction project. Designers and contractors endeavor to deliver a project that meets the owner’s needs, budget, and aesthetic considerations. As a project comes to fruition, the project frequently changes, and the parties must address and resolve the financial considerations of those changes and implement the changes at the project level. Often times the most critical aspect of a contractor’s financial success or failure of a construction project is its ability to manage changes. Contractors are sometimes faced with changes that are beyond the reasonable expectation of the original undertaking and have significant planning, scheduling, and cost implications that may not be considered or addressed in the contract’s changes clause. Changes of this magnitude may be considered “cardinal changes” and provide the contractor with recourse beyond restrictions imposed by the contract’s changes clause. But cardinal change is a risky basis for a contractor to refuse to perform additional or changed work. Even major changes can probably be more safely handled within the terms of the contract’s changes clause. Read the court decision
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    Reprinted courtesy of Joseph R. Young, Smith Currie
    Mr. Young may be contacted at

    OH Supreme Court Rules Against General Contractor in Construction Defect Coverage Dispute

    October 30, 2018 —
    On October 9, 2018, the Ohio Supreme Court issued a decision in Ohio Northern University v. Charles Construction Services, Inc., Slip Op. 2018-Ohio-4057, finding that a general contractor was not entitled to defense or indemnity from its CGL insurer in a construction defect suit brought by a project owner post-project completion. With this decision, Ohio has solidified its place amongst a diminishing number of states, including Pennsylvania and Kentucky, which hold that there is no coverage for defective construction claims because those losses do not present the level of fortuity required to trigger CGL coverage. This places Ohio amongst the worst in the country on this issue at a time when numerous states have abandoned old precedent and moved towards a policyholder friendly analysis. Ohio Northern University (“ONU”) hired Charles Construction Services, Inc. (“CCS”) to construct the University Inn and Conference Center, a new hotel and conference center on their campus in Ada, Ohio. CCS purchased CGL insurance from Cincinnati Insurance Company (“CIC”) insuring the project. Following completion of the project, ONU sued CCS alleging defects in the construction of the completed project, including allegations that windows improperly installed by one subcontractor led to damage to walls built by another subcontractor. CIC agreed to defend CCS under a reservation of rights but intervened in the action between ONU and CCS to pursue a declaratory judgment that it had no obligation to defend or indemnify its insured for the alleged losses. Read the court decision
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    Reprinted courtesy of Theresa A. Guertin, Saxe Doernberger & Vita, P.C.
    Ms. Guertin may be contacted at

    What is a Civil Dispute?

    August 07, 2018 —
    Broadly speaking, all lawsuits can be put into one of two categories: criminal or civil. Criminal cases are brought by the government against a private person and/or organization for committing an act that is considered harmful to society as a whole; whereas civil cases involve private disputes between individuals and/or organizations. Civil litigation begins when one person or organization claims that another person or organization has failed to carry out a legal duty owed to the claimant. Legal duties are those prescribed either by contract between the parties, or by the law. In order for a claimant to commence legal action against another party, the claimant must file a summons and complaint with the court and serve a copy of the summons and complaint on the party against whom the lawsuit is being brought. The person who brings the lawsuit is called the “Plaintiff” and the person against whom the lawsuit is brought is called the “Defendant.” Read the court decision
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    Reprinted courtesy of Bremer Whyte Brown & O’Meara

    Bond Principal Necessary on a Mechanic’s Lien Claim

    October 23, 2018 —
    As anyone that reads this construction law blog knows, mechanic’s liens are a big part of the Virginia landscape for a construction attorney like me. One option for dealing with a mechanic’s lien here in Virginia that we have not discussed but so often is the ability to “bond off” a lien. In short, the Virginia statute allows a party to essentially substitute a bond valued at a court set multiple of the principal amount of the mechanic’s lien for the memorandum. In exchange, the lien is released of record. Any enforcement action can still proceed with security for the claimant and the property owner feeling better about things because there will be no lien on the title to the land. In many ways this process provides an easier path to resolution for both owner and claimant. First of all, the claimant does not have to deal with a bank or other interest holders in the property (though a recent case discussed below reminds us that certain other parties are necessary). Second of all, the owner does not have the cloud on the title of a mechanic’s lien that may have been filed by a subcontractor over which he has no control. Read the court decision
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    Reprinted courtesy of Christopher G. Hill, The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at

    Kushner Cos. Probed Over Harassment of Low-Income Tenants

    July 21, 2018 —
    Kushner Cos. is being investigated in New York over allegations the real-estate company used disruptive construction projects to harass rent-regulated tenants so they’d move out of their apartments. New York Governor Andrew Cuomo’s Tenant Protection Unit opened the probe after residents of Austin Nichols House in Brooklyn accused Kushner Cos. in a lawsuit of doing work "that released dangerous toxins into the air and created unlivable conditions for tenants, including vermin and excessive construction noise," the state said Monday in a statement. Read the court decision
    Read the full story...
    Reprinted courtesy of Erik Larson, Bloomberg