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    Expert Witness Engineer 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".

    Expert Witness Engineer 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.

    Expert Witness Engineer Contractors Building Industry
    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

    Bill to Include Coverage for Faulty Workmanship Introduced in New Jersey

    Construction Companies Can Be Liable for “Secondary Exposure” of Asbestos to Household Members

    Federal Court Finds Occurrence for Faulty Workmanship Under Virginia Law

    Ohio School Board and Contractor Meet to Discuss Alleged Defects

    Were Quake Standards Illegally Altered for PG&E Nuclear Power Plant?

    Contractor May Be Barred Until Construction Lawsuit Settled

    Surge in Home Completions Tamps Down Inflation as Fed Meets

    New Safety Standards Issued by ASSE and ANSI

    “You’re Out of Here!” -- CERCLA (Superfund) Federal Preemption of State Environmental Claims in State Courts

    Wake County Justice Center- a LEED Silver Project done right!

    Appropriation Bill Cuts Military Construction Spending

    How to Defend Stucco Allegations

    Duty to Defend Sorted Between Two Insurers Based Upon Lease and Policies

    Time to Reform Construction Defect Law in Nevada

    Port Authority Approves Subsidies for 2 World Trade Project

    Lien Law Unlikely To Change — Yet

    Feds Used Wire to Crack Las Vegas HOA Scam

    Builders Seek to Modify Scaffold Law

    Reminder: Always Order a Title Search for Your Mechanic’s Lien

    Confidence Among U.S. Homebuilders Declines to Eight-Month Low

    Connecticut Federal District Court Keeps Busy With Collapse Cases

    Illinois Town’s Bond Sale Halted Over Fraudulent Hotel Deals

    HOA Group Speaking Out Against Draft of Colorado’s Construction Defects Bill

    Reminder: A Little Pain Now Can Save a Lot of Pain Later

    Power Point Presentation on Nautilus v. Lexington Case

    Ackman Group Pays $91.5 Million for Condo at NYC’s One57

    Construction Defect Litigation in Nevada Called "Out of Control"

    Decline in Home Construction Brings Down Homebuilder Stocks

    U.S. Stocks Fluctuate Near Record After Housing Data

    Contractor Convicted of Additional Fraud

    Tishman Construction Admits Cheating Trade Center Clients

    Massachusetts Couple Seek to Recuse Judge in Construction Defect Case

    Notice of Claim Sufficient to Invoke Coverage

    Drafting the Bond Form, Particularly Performance Bond Form

    Self-Storage Magnates Cash In on the Surge in Real Estate

    Insurer Not Entitled to Summary Judgment on Construction Defect Claims

    Denver Council Committee Approves Construction Defects Ordinance

    Subsequent Owners of Homes Again Have Right to Sue Builders for Construction Defects

    Growing Optimism Among Home Builders

    Public Contract Code 9204 – A New Mandatory Claims Process for Contractors and Subcontractors – and a Possible Trap for the Unwary

    Contractor Sentenced to 7 Years for “Hail Damage” Fraud

    A Subcontractor’s Perspective On California’s Recent Changes to Indemnity Provisions

    Colorado Finally Corrects Thirty-Year Old Flaw in Construction Defect Statute of Repose

    Terminating the Notice of Commencement (with a Notice of Termination)

    Boyfriend Pleads Guilty in Las Vegas Construction Defect Scam Suicide

    The EPA’s Renovation, Repair, and Painting Rule: Are Contractors Aware of It?

    The Economic Loss Rule and the Disclosure of Latent Defects: In re the Estate of Carol S. Gattis

    Bank Window Lawsuit Settles Quietly

    Why 8 Out of 9 Californians Don't Buy Earthquake Insurance

    Waive Not, Want Not: Waivers and Releases on California Construction Projects
    Corporate Profile


    The Ashburn, Virginia Expert Witness Engineer Group is comprised from a number of credentialed construction professionals possessing extensive trial support experience relevant to construction defect and claims matters. Leveraging from this considerable body of 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.

    Expert Witness Engineer News & Info
    Ashburn, Virginia

    California Mediation Confidentiality May Apply to Third Party “Participants” Retained to Provide Analysis

    November 02, 2017 —
    California Evidence Code section 1119 governs the general admissibility of oral and written communications generated during the mediation process. Section 1119(a) provides that “[n]o evidence of anything said or any admission made for the purpose of, in the course of, or pursuant to, a mediation . . . is admissible or subject to discovery, and disclosure of the evidence shall not be compelled, in any . . . civil action . . . .” Cal. Evid. Code § 1119(a) (emphasis added). Similarly, section 1119(b) bars discovery or admission in evidence of any “writing . . . prepared for the purpose of, in the course of, or pursuant to, a mediation . . . .” Cal. Evid. Code § 1119(b) (emphasis added). Finally, section 1119(c) provides that “[a]ll communications, negotiations, or settlement discussions by and between participants in the course of a mediation . . . shall remain confidential.” Cal. Evid. Code § 1119(c) (emphasis added). Read the court decision
    Read the full story...
    Reprinted courtesy of Tony Carucci, Snell & Wilmer
    Mr. Carucci may be contacted at

    Condo Developers Buy in Washington despite Construction Defect Litigation

    October 22, 2014 —
    Marc Stiles writing for Puget Sound Business Journal stated that “[t]he belief that contractors have been scared off by the legal liabilities that come with [condo] projects doesn't seem to hold water.” He interviewed Suzi Morris, of Lowe Enterprises, who plans on building a new condo tower in Seattle this November. Morris stated that they didn’t have any problems getting construction bids for the 24-story tower. According to the Puget Sound Business Journal, “The development team is trying to head off construction defect claims by planning and documenting with photos their work.” Stiles did admit that an unnamed “source in Seattle who consults on condo projects knows of two large general contracting companies that won't bid on condo projects because of” potential construction defect litigation. Read the court decision
    Read the full story...
    Reprinted courtesy of

    A Relatively Small Exception to Fraud and Contract Don’t Mix

    April 01, 2015 —
    Remember all of my posts about how fraud and contract claims don’t usually play well in litigation? Well, as always with the law, there are exceptions. For instance, a well plead Virginia Consumer Protection Act claim will survive a dismissal challenge. A recent opinion out of the Alexandria division of the U. S. District Court for the Eastern District of Virginia sets out another exception, namely so called fraudulent inducement. In XL Specialty Ins. Co. v. Truland et al, the Court considered the question of whether both a tort and contract claim can coexist in the same lawsuit when the tort claim is based upon the information provided to the plaintiff when that information proves false. As the courts of Virginia have held for years, only certain information and statements made pre-contract can be the basis for a fraud claim in the face of a contractual duty to perform. One type of statement that is not properly the subject of a fraud in the inducement type claim is sales talk or opinion. Such sales talk (for example claiming that your company is the best for the job) is not the subject of a fraud claim because it is not meant to be relied upon and that such talk is an opinion about future performance, not a false statement of present fact or intent. Read the court decision
    Read the full story...
    Reprinted courtesy of Christopher G. Hill, Law Office of Christopher G. Hill, PC
    Mr. Hill may be contacted at

    New Households Moving to Apartments

    December 20, 2012 —
    The New York Times reports that multifamily construction—apartment buildings—is leading the recovery in construction. Construction of single-family homes is only a third of the way up from its fall from its earlier heights, while multifamily construction has recovered two-thirds of its peak. Young adults are moving out of their parents’ homes, but instead of buying homes, they’re renting apartments. Houston is adding thousands of new units, leading to a fear of overbuilding. Rents have been rising, but as the supply of apartment units rises, higher rents may be unsustainable. However, during the recession, young adults did not move out of their parents’ homes, leading to about two million doubled-up households. David Crowe, the chief economist of the National Association of Home Builders, noted that “all of the net addition to households since 2004 has been in rentals.” Read the court decision
    Read the full story...
    Reprinted courtesy of

    Insurance Policy Provides No Coverage For Slab Collapse in Vision One

    August 17, 2011 —

    This post will examine whether Division Two of the Washington Court of Appeals properly reversed and remanded several lower court decisions in the case of Vision One LLC v. Philadelphia Indemnity Insurance. In short, and from the perspective of an appellate attorney, the court of appeals got the decision right. Given the rules of contract interpretation and causation in tort claims, there was really no other way the court could have ruled. I understand that from a contractor’s perspective and insurance perspective, the decision seems odd. But from a purely legal standpoint, the decision is well-reasoned and well-supported. Let me explain.


    First, here are the facts in a nutshell. Vision One is a construction company that undertook to construct a condo complex in Tacoma. Vision then contracted with D&D Concrete to pour a concrete slab for a section of the foundation. To shore the concrete slab, D&D further contracted Berg Equipment to provide necessary equipment to stabilize the structure. Well, something down the line went wrong. The shoring failed and the slab collapsed, causing a great deal of damage.

    Read the full story…

    Read the court’s decision…

    Reprinted courtesy of Douglas Reiser of Reiser Legal LLC. Mr. Reiser can be contacted at

    Read the court decision
    Read the full story...
    Reprinted courtesy of

    Contractors and Force Majeure: Contractual Protection from Hurricanes and Severe Weather

    October 11, 2017 —
    This week’s Guest Post Friday here at Musings welcomes back Clay Olsen. Clay is is an attorney at Harper Whitwell PLLC. The firm is located in Mississippi and South Carolina where they routinely represent the interests of construction. This season is not special as hurricanes are a part of life on the east coast and gulf shores. From New York to Louisiana, just about every state has seen massive property loss from hurricanes during the past ten years. We often see harsh outcomes for those on the coast living in finished homes. What happens to the unfinished and current projects awaiting completion? If you’re building on the coast, take a look at all of the following risk aversion mechanisms:
    1. Builders Risk Insurance is necessary as is Coverage for named storms. Be sure to review the “excluded perils” or speak to your agent as hurricane coverage best not be omitted.
    Read the court decision
    Read the full story...
    Reprinted courtesy of Christopher G. Hill, Law Offices of Christopher G. Hill
    Mr. Hill may be contacted at

    Common Construction Contract Provisions: Indemnity Provisions

    January 19, 2017 —
    Upcoming blog posts will focus on common contract provisions found in construction contracts. Such provisions are not solely limited to construction contracts and can be found in many other types of business contracts as well. This post will highlight indemnity clauses. An indemnity clause is a common contract provision used to allocate risk between parties to a contract. The clause obligates one party (the Indemnitor) to protect the other party (the Indemnitee) from certain losses, typically arising from claims of third parties. It may require the Indemnitor to reimburse the Indemnitee for losses or expenses, or satisfy judgments, or even defend the Indemnitee in a lawsuit. Read the court decision
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    Reprinted courtesy of David R. Cook Jr., Autry, Hanrahan, Hall & Cook, LLP
    Mr. Cook may be contacted at

    Senate Bill 15-091 Passes Out of the Senate State, Veterans & Military Affairs Committee

    March 19, 2015 —
    As previously reported, Senator Scott's SB 91, as originally introduced, would have reduced Colorado's statute of repose for construction defect actions from eight years to four years. Yesterday, the Senate State, Veterans & Military Affairs Committee heard Senate Bill 91 and, before passing the bill on a party line vote sending it back to the full Senate for consideration, made two substantive amendments. By one amendment, the Committee excluded any multi-family developments. The second amendment was to reduce the statute of repose from six years, currently on the books, to five years plus one more if the defect becomes manifest in the fifth year. Read the court decision
    Read the full story...
    Reprinted courtesy of David M. McLain, Higgins, Hopkins, McLain & Roswell, LLC
    Mr. McLain may be contacted at