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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


    Wharf Holdings to Sell Entire Sino-Ocean Stake for $284 Million

    Modernist Houses Galore! [visual candy for architects]

    Construction on the Rise in Washington Town

    Additional Insured Coverage Confirmed

    District Court denies Carpenters Union Motion to Dismiss RICO case- What it Means

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

    Shaken? Stirred? A Primer on License Bond Claims in California

    Alleged Serious Defects at Hanford Nuclear Waste Treatment Plant

    Court Clarifies Sequence in California’s SB800

    Kahana & Feld P.C. Enhances Client Offerings, Expands Litigation Firm Leadership

    Home Prices in U.S. Rose 0.3% in August From July, FHFA Says

    Defective Concrete Blocks Spell Problems for Donegal Homeowners

    Home Buyers Lose as U.S. Bond Rally Skips Mortgage Rates

    Deductibles Limited to Number of Suits Filed Against Insured, Not Number of Actual Plaintiffs

    #12 CDJ Topic: Am. Home Assur. Co. v. SMG Stone Co., 2015 U.S. Dist. LEXIS 75910 (N. D. Cal. June 11, 2015)

    Coverage Found for Faulty Workmanship Damaging Other Property

    Illinois Town’s Bond Sale Halted Over Fraudulent Hotel Deals

    Philadelphia Court Rejects Expert Methodology for Detecting Asbestos

    Reminder: In Court (as in life) the Worst Thing You Can Do Is Not Show Up

    Virginia Chinese Drywall “property damage” caused by an “occurrence” and number of “occurrences”

    Architects and Engineers Added to Harmon Towers Lawsuit

    Should I Pull the Pin? Contractor and Subcontractor Termination for Cause

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    Hong Kong Buyers Queue for New Homes After Prices Plunge

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

    Property Damage, Occurrences, Delays, Offsets and Fees. California Decision is a Smorgasbord of Construction Insurance Issues

    South Carolina Supreme Court Finds that Consequential Damage Arise From "Occurrence"

    Manhattan’s Property Boom Pushes Landlords to Sell Early

    New Jersey Traffic Circle to be Eliminated after 12 Years of Discussion

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    Insurer Beware: Failure to Defend Ends with Hefty Verdict

    Interior Designer Licensure

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    GAO Sustains Unsupported Past Performance Evaluation and Unequal Discussion Bid Protest

    How is Negotiating a Construction Contract Like Buying a Car?

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    Two-Part Series on Condominium Construction Defect Issues

    Insolvency of Primary Carrier Does Not Invoke Excess Coverage

    Oregon Duty to Defend Triggered by Potential Timing of Damage

    Building Stagnant in Las Cruces Region

    Ohio School Board and Contractor Meet to Discuss Alleged Defects

    Insured's Testimony On Expectation of Coverage Deemed Harmless

    Maryland Contractor Documents its Illegal Deal and Pays $2.15 Million to Settle Fraud Claims

    Workers Hurt in Casino Floor Collapse

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    Legal Fallout Begins Over Delayed Edmonton Bridges

    Peru’s Former President and His Wife to Stay in Jail After Losing Appeal

    BHA has a Nice Swing Donates to CDCCF

    General Liability Alert: A Mixed Cause of Action with Protected and Non-Protected Activity Not Subject to Anti-SLAPP Motion
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    ASHBURN VIRGINIA EXPERT WITNESS ENGINEER
    DIRECTORY AND CAPABILITIES

    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

    Boston Water Main Break Floods Trench and Kills Two Workers

    October 27, 2016 —
    Two workers died in Boston on Friday afternoon after a water main break flooded the trench where they were working, according to the Boston Fire Dept. Read the court decision
    Read the full story...
    Reprinted courtesy of Justin Rice, Engineering News-Record
    Mr. Rice may be contacted at enrmidatlanticeditor@enr.com

    Construction Laborers Sue Contractors Over Wage Theft

    September 17, 2014 —
    Aspen Journalism reported that “[f]our laborers who worked on the Burlingame Phase II affordable housing project financed by the city of Aspen are suing three of the project’s contractors, alleging they weren’t paid for some of their work and were never paid overtime when they worked more than 40 hours per week.” Towards Justice, nonprofit legal services group, filed suit in August on behalf of Fernando Villalobos, Sergio Roman, Ramon Gonzalez and Hugo Esqueda, and against construction companies Haselden Construction, LLC of Centennial, Continental Constructors, LLC of Littleton, and JMS Building of Glenwood Springs. Both sides have agreed that “the men were paid for some, but not all, of their work,” but dispute “the value of the work done by the laborers.” Read the court decision
    Read the full story...
    Reprinted courtesy of

    Insurer’s Duty to Defend: When is it Triggered? When is it Not?

    February 18, 2015 —
    In Colorado it is well recognized that an insurer has a broad duty to defend its policyholder against pending claims. An insurer’s duty to defend is triggered when the underlying complaint against the insured alleges any set of facts that might fall within the coverage policy. Greystone Construction, Inc. v. National Fire & Marine Insurance, Co., 661 F.3d 1272, 1284 (10th Cir. 2011). Even if the insurer’s duty to defend is not clear from the pleadings filed against the insured, the insurer’s duty to defend is triggered if the claim is potentially or arguably within the policy coverage. Id. If there is any doubt as to whether a theory of recovery falls within the policy coverage, such doubt is decided in favor of the insured and the insurer’s duty to defend is triggered. Id. In order to avoid this duty to defend, an insurer must show that an exemption to the policy applies and that no other basis exists for coverage under the policy. In Cornella Brothers, Inc. v. Liberty Mutual Fire Insurance Company, 2014 WL 321335 (D. Colo. Jan. 29, 2015), the Court was to determine whether Liberty Mutual Fire Insurance Company (“Liberty Mutual”) had a duty to defend a lawsuit filed against its insured, Cornella Brothers, Inc. (“Cornella”). The underlying lawsuit alleged construction defects at a recharging facility. Upon being named a party to the underlying litigation, Cornella provided notice to Liberty Mutual and demanded that Liberty Mutual defend Cornella. Read the court decision
    Read the full story...
    Reprinted courtesy of Zach McLeroy, Higgins, Hopkins, McLain & Roswell, LLC
    Mr. McLeroy may be contacted at mcleroy@hhmrlaw.com

    Court Confirms No Duty to Reimburse for Prophylactic Repairs Prior to Actual Collapse

    October 28, 2015 —
    In Grebow v. Mercury Insurance Company (No. B261172, filed 10/21/15), a California appeals court held that coverage for collapse in a homeowners policy does not extend to prophylactic repairs undertaken to mitigate damage before actual collapse of the structure. In Grebow, the insureds had a general contractor inspect the rear deck of their house because of recurring watermarks. The contractor discovered severe decay in the steel beams and poles supporting the second floor of the house. He opined that they could not support the upper portion of the house, and that a large portion of the house would fall. A structural engineer agreed, blaming decay and corrosion. The insureds were advised not to enter the top part of the house, and they contracted for repairs. They also made a claim to Mercury, which denied coverage. The insureds ultimately spent $91,000 out of pocket having the home remediated. Reprinted courtesy of Christopher Kendrick, Haight Brown & Bonesteel LLP and Valerie A. Moore, Haight Brown & Bonesteel LLP Mr. Kendrick may be contacted at ckendrick@hbblaw.com Ms. Moore may be contacted at vmoore@hbblaw.com Read the court decision
    Read the full story...
    Reprinted courtesy of

    Singer Ordered to Deposition in Construction Defect Case

    December 30, 2013 —
    The pop singer Rihanna has sued the former owners of her Los Angeles home and the firm that inspected it before her purchase alleging water intrusion problems that were supposed to be fixed before close of escrow. The lawsuit was filed under the singer’s legal name, Robyn Fenty. According to Gregory Pyfrom, the attorney for LaRocca Inspection Associates, he has tried to depose her over the last two years, without success. He is seeking $7,500 in compensation to his clients for the singer’s failure to schedule a deposition. Rihanna’s attorney, Miles Cooley, described this as “a smear campaign,” and claims that the parties had agreed not to depose her “until after the matter was mediated.” Mr. Cooley says that mediation has been delayed by Mr. Pyfrom’s vacation plans. LaRocca Inspection Associates has countersued Rihanna, claiming that if she had alerted them earlier to problems they would have performed an additional inspection. The judge in the case has now ordered that the parties agree to a date on which to depose Ms. Fenty. Read the court decision
    Read the full story...
    Reprinted courtesy of

    Builder’s Be Wary of Insurance Policies that Provide No Coverage for Building: Mt. Hawley Ins. Co v. Creek Side at Parker HOA

    July 31, 2013 —
    On the heels of a recent order regarding coverage under a Comprehensive General Insurance policy issued by Mt. Hawley Insurance Company (“Mt. Hawley”), builders should be very wary of CGL policies providing no coverage for property damage. On January 8, 2013, District Court Judge R. Brooke Jackson granted a motion for declaratory judgment filed by Mt. Hawley. The order states that the subject insurance policies issued by Mt. Hawley to Mountain View Homes II, LLC (“MV Homes”), the builder developer of the Creek Side at Parker development (the “Project”), did not provide coverage for any of the work performed by MV Homes or its subcontractors on the Project. MV Homes originally began construction on the Project in 2002 and completed construction in 2005. MV Homes was insured by National Fire and Marine Insurance Company (“National Fire”) and Mt. Hawley. In December 2008, Creek Side at Parker Homeowners Association, Inc. (“the HOA”) served notice on MV Homes. The HOA then instituted a construction defect lawsuit on June 1, 2009 against MV Homes and others. MV Homes initially demanded a defense and indemnity from National Fire, which provided a defense. Then, after two years, MV Homes demanded a defense and indemnity from Mt. Hawley in July 2011. Mt. Hawley denied coverage and did not provide a defense. The case was settled soon after, and National Fire reserved or assigned claims against Mt. Hawley. Read the court decision
    Read the full story...
    Reprinted courtesy of Brady Iandiorio
    Brady Iandiorio can be contacted at Iandiorio@hhmrlaw.com

    Construction Contract Clauses Which Go Bump in the Night – Part 1

    November 10, 2016 —
    Scope, time and cost provisions may be the most important clauses in your construction contract but they’re not the only ones which can impact your bottom line. The first in a multi-part series, here are some other important construction contract clauses you may (or may not realize you should) be losing sleep over.
      Provision: Incorporation and Flow-Down Provisions
    • Typical Provision: “The term ‘Contract Documents’ shall include, without limitation, the Prime Contract, drawings, specifications and other agreements between Contractor and Owner, insofar as they relate in any way, directly or indirectly, to Subcontractor’s Work under this Agreement, and are hereby incorporated by reference. Subcontractor agrees to be bound to Contractor in the same manner and to the same extent as Contractor is bound to Owner under the Contract Documents. Where, in the Contract Documents, reference is made to Contractor, and the work and specifications therein pertain to Subcontractor’s trade, craft, or type of work, such work or specifications shall be interpreted to apply to Subcontractor rather than Contractor.”
    • What it Means: An incorporation provision literally “incorporates” another document or documents into a contract by merely referring to them by title or description and it is not uncommon for a lower-tiered contractor to never see those documents. A flow-down provision requires a lower-tiered contractor to comply with all obligations which a higher-tiered contractor, typically a direct contractor, owes to a higher-tiered party, typically, the owner. The intent of the provision to ensure that a lower-tiered subcontractor has no greater rights against a direct contractor has against the owner.
    • What You Can Do: Lower-tiered contractors should obtain a copy of all documents to be incorporated into their contract and review them to ensure that they understand the obligations and any limitations to their rights. Lower-tiered contractors should also seek to include language requiring that a higher-tiered contractor assume toward the lower-tiered contractor all obligations and limitations on their rights that the owner assumes toward or is subject to with respect of the general contractor.
    Read the court decision
    Read the full story...
    Reprinted courtesy of Garret Murai, Wendel Rosen Black & Dean LLP
    Mr. Murai may be contacted at gmurai@wendel.com

    Can a Non-Signatory Invoke an Arbitration Provision?

    February 02, 2017 —
    As you know from prior postings, arbitration is a creature of contract. Hence, if you want your disputes to be resolved through arbitration, as opposed to litigation, make sure to include an arbitration provision in your agreement that covers all disputes arising out of or relating to the agreement. Under certain circumstances, a non-signatory to an agreement wants to invoke an arbitration clause in the agreement. The non-signatory will move to compel a signatory to the agreement (with an arbitration provision) to arbitrate a dispute with the non-signatory. Can a non-signatory do this? Yes, under certain circumstances. Read the court decision
    Read the full story...
    Reprinted courtesy of David Adelstein, Florida Construction Legal Updates
    Mr. Adelstein may be contacted at dadelstein@gmail.com