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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

    House Passes Bill to Delay EPA Ozone Rule

    "Occurrence" May Include Intentional Acts In Montana

    Communicate with the Field to Nip Issues in the Bud

    Contractor Sues Supplier over Defective Products

    Congress to be Discussing Housing

    Landmark San Diego Hotel Settles Defects Suit for $6.4 Million

    Construction Law Client Alert: California’s Right to Repair Act (SB 800) Takes Another Hit, Then Fights Back

    Maximizing Contractual Indemnity Rights: Problems with Common Law

    Coverage Article - To Settle or Not To Settle?

    The General Assembly Seems Ready to Provide Some Consistency in Mechanic’s Lien Waiver

    Hawaii Bill Preserves Insurance Coverage in Lava Zones

    The Project “Completion” Paradox in California

    How Long Does a Civil Lawsuit Take?

    CSLB’s Military Application Assistance Program

    Chinese Drywall Manufacturer Claims Product Was Not for American Market

    One World Trade Center Tallest Building in US

    Illinois Appellate Court Finds Insurer Estopped From Denying Coverage Where Declaratory Judgment Suit Filed Too Late

    Tacoma Construction Site Uncovers Gravestones

    Thieves Stole Backhoe for Use in Bank Heist

    The Multigenerational Housing Trend

    Burden of Proof Under All-Risk Property Insurance Policy

    The Evolution of Construction Defect Trends at West Coast Casualty Seminar

    Settlement Ends Construction Defect Lawsuit for School

    New York Appeals Court Rekindles the Spark

    New Jersey Construction Company Owner and Employees Arrested for Fraud

    Negligence Against a Construction Manager Agent

    New York Court of Appeals Addresses Choice of Law Challenges

    NYPD Investigating Two White Flags on Brooklyn Bridge

    Suppliers of Inherently Dangerous Raw Materials Remain Excluded from the Protections of the Component Parts Doctrine

    Allegations that Carrier Failed to Adequately Investigate Survive Demurrer

    Citigroup Pays Record $697 Million for Hong Kong Office Tower

    CSLB Releases New Forms and Announces New Fees!

    Insurer Able to Refuse Coverage for Failed Retaining Wall

    Job Gains a Positive for Housing

    Construction Defect or Just Punch List?

    Award Doubled in Retrial of New Jersey Elevator Injury Case

    CSLB Reminds California Public Works Contractors to Renew Their Public Works Registration

    General Contractors Can Be Sued by a Subcontractor’s Injured Employee

    Diggin’ Ain’t Easy: Remember to Give Notice Before You Excavate in California

    Virginia Decision Emphasizes Importance of Naming All Necessary Parties

    Janus v. AFSCME

    No Coverage for Foundation Collapse

    A Look Back at the Ollies

    ADA Lawsuits Spur Renovation Work in Fresno Area

    Montrose Language Interpreted: How Many Policies Are Implicated By A Construction Defect That Later Causes a Flood?

    Background Owner of Property Cannot Be Compelled to Arbitrate Construction Defects

    Seattle Council May Take a New Look at Micro-Housing

    Will Colorado Pass a Construction Defect Reform Bill in 2016?

    Colorado’s New Construction Defect Law Takes Effect in September: What You Need to Know

    California Court of Appeal Adopts Horizontal Exhaustion Rule
    Corporate Profile


    Leveraging from more than 5500 construction defect and claims related expert witness designations, the Ashburn, Virginia Expert Witness Engineer Group provides a wide range of trial support and consulting services to Ashburn'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.

    Expert Witness Engineer News & Info
    Ashburn, Virginia

    Insurer Must Defend Contractor Against Claims of Faulty Workmanship

    May 30, 2018 —
    The magistrate judge recommended that the insurer's motion for summary judgment seeking to determine there was no coverage for claims of faulty workmanship be denied. Greystone Multi-Family Builders v. Gemini Ins. Co., 2018 U.S. Dist. LEXIS 56770 (S.D. Tex. Feb. 26, 2018). TPG (Post Oak) purchased an OCIP policy to cover construction of an apartment complex. TPG was sued by the contractor, Greystone, after TPG cancelled the construction contract. TPG filed a counterclaim against the contractor, alleging that Greystone had failed to properly perform in building a luxury apartment complex which resulted in monetary damages to TPG. The complaint further alleged that the project was nine months behind its substantial completion date, far from complete, and over budget when TPG cancelled the contract. The cost to fix the mismanagement caused by Greystone was $18.9 million. Read the court decision
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    Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii
    Mr. Eyerly may be contacted at

    Insurer Must Defend Claims of Negligence and Private Nuisance

    July 10, 2018 —
    The court determined there was a duty to defend negligence and private nuisance claims for dumping materials on the plaintiffs' property. Peters Heavy Construction, Inc. v. X-Pert One Tracking Corp., 2018 Wisc. App. LEXIS 358 (Wis. Ct. App. March 29, 2018). Peters Heavy Construction sued X-Pert One for negligently depositing shingle materials, tires, and other solid materials on Peters' property, causing damage to Peters, including loss of use of portions of the property. Peters also alleged that X-Pert One's actions negligently created a private nuisance causing harm to Peters' property. X-Pert One's insurer, Northfield Insurance Company, was also sued. Read the court decision
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    Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii
    Mr. Eyerly may be contacted at

    Jinx: Third Circuit Rules in Favor of Teamsters in Withdrawal Case

    July 28, 2018 —
    Bad omen. Last week, I wrote about a Appeals Court decision that affirmed a contractor’s escape from an over $600,000 withdrawal liability assessment from the Laborers Union. The next day the Third Circuit (which covers PA, NJ, and DE) handed down a decision affirming a federal court’s decision to assess withdraw liability. This one shows the dark side of not reading and understanding your CBA. The belligerents in the litigation were, Penn Jersey, a construction material supplier, and Teamsters Local 676. Their collective bargaining agreement contained a clause purportedly covering withdrawal liability. Specifically, the clause stated “should the Employer withdraw from the Agreement in the future, there will be no withdrawal liability. The CBA expired and Penn Jersey did not renew its agreement with the Teamsters. Read the court decision
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    Reprinted courtesy of Wally Zimolong, Zimolong LLC
    Mr. Zimolong may be contacted at

    Sometimes You Get Away with Unwritten Contracts. . .

    July 28, 2018 —
    I have spoken often regarding the need for a well written construction contract that sets out the “terms of engagement” for your construction project. A written construction contract sets expectations and allows the parties to the contract to determine the “law” of their project. An unwritten “gentleman’s agreement” can lead to confusion, faulty memories, and more money paid to construction counsel than you would like as we lawyers play around in the grey areas. One other area where the written versus unwritten distinction makes a difference is in the calculation of the statute of limitations. In Virginia, a 5 year statute of limitations applies to written contracts while a 3 year statute of limitations applies to unwritten contracts. This distinction came into stark relief in the case of M&C Hauling & Constr. Inc. v. Wilbur Hale in the Fairfax, Virginia Circuit Court. In M&C Hauling, M&C provided hauling services to the defendant through a subcontract with Hauling Unlimited in 2014, the last of which was in July. M&C provided over 2000 hours of hauling and provided time tickets (that were passed to Mr. Hale on Hauling Unlimited letterhead and signed by Mr. Hale or his agent) and an invoice stating the price term of $75.00 per hour. No separate written contract between M&C and Hauling Unlimited or Mr. Hale existed. 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

    Connecticut Court Holds Unresolved Coverage Issues Makes Appraisal Premature

    July 18, 2018 —
    A Connecticut court recently denied a motion to compel appraisal of a claim for coverage of a commercial property damage claim, holding that, where the insurance policy at issue provides for appraisal of disputes related to the value or quantum or a loss suffered—not the rights and liabilities of the parties under the policy—appraisal is premature. The decision relied on law that equates insurance appraisal to arbitration and follows a number of decisions holding that parties cannot expand the scope of appraisal clauses to resolve questions of coverage or liability where, as in this case, those issues are not supported by the applicable policy language. Reprinted courtesy of Hunton Andrews Kurth attorneys Michael S. Levine, Lorelie S. Masters and Geoffrey B. Fehling Mr. Levine may be contacted at Ms. Masters may be contacted at Mr. Fehling may be contacted at Read the court decision
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    Reprinted courtesy of

    California Supreme Court Clarifies Deadline to File Anti-SLAPP Motions in Light of Amended Pleadings

    July 02, 2018 —
    California’s “anti-SLAPP” (“SLAPP” is an acronym for strategic lawsuit against public participation) statute—codified at California Code of Civil Procedure section 425.16 et seq.—is the primary vehicle for defending against any action involving petitioning or free speech. The statute was designed to provide an early and fast summary judgment-like procedure to allow defendants and cross-defendants to file a motion to dismiss either an entire complaint, specific causes of action, or even just portions of a cause of action, and to require the plaintiff to respond before conducting discovery. By facilitating an early challenge to a plaintiff or cross-complainant’s claims, the anti-SLAPP statute allows the responding party to avoid the costs and delay that chill the exercise of constitutionally protected rights. Under California Code of Civil Procedure section 425.16(f), an anti-SLAPP motion must be filed “within 60 days of the service of the complaint . . . .” But what if the plaintiff files an ameded complaint? In Newport Harbor Ventures, LLC v. Morris Cerullo World Evangelism (2018) 4 Cal.5th 637, the California Supreme Court held that the 60-day timeline runs from the date a complaint is filed with the cause(s) of action challenged in the anti-SLAPP motion. Read the court decision
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    Reprinted courtesy of Tony Carucci, Snell & Wilmer
    Mr. Carucci may be contacted at

    No Coverage for Contractor's Faulty Workmanship

    July 10, 2018 —
    The Kentucky Supreme Court determined there was no coverage for the contractor's faulty workmanship in digging the existing basement of a building to make it deeper. Martin v. Acuity, 2018 Ky. LEXIS 188 (Ky. April 26, 2018). Martin Elias/Properties, LLC (MEP) purchased an older home to renovate and resell for profit. MEP hired Tony Gosney to renovate and expand the basement. Gosney agreed to dig the existing basement deeper, pour new footers and pour a new concrete floor. While performing his work, Gosney failed to support the existing foundation adequately before digging around it. Within days, the old foundation began to crack and eventually the entire structure began to sag. Gosney stopped work and notified his insurer, Acuity. Read the court decision
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    Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii
    Mr. Eyerly may be contacted at

    How Long Does a Civil Lawsuit Take?

    August 14, 2018 —
    How long does a civil lawsuit take? One common question among parties to a civil lawsuit, whether a plaintiff or defendant, is how long will it take to reach a resolution? The answer is tricky. The time it takes to resolve a civil lawsuit is highly dependent on various factors including the complexity of the matter and the parties’ willingness to settle. At the outset, parties to a civil case may resolve the matter at any time by mutual agreement (i.e., settlement). In that case, the parties draft a Stipulation and Order outlining the terms of the agreed settlement and submit the document to the judge for approval. Absent of any glaring inequity in the terms of the Stipulation, the judge will typically approve of the parties’ settlement, and the matter will be deemed resolved (either in whole or in part, depending on the case, the terms of the settlement and indemnity agreement). Read the court decision
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    Reprinted courtesy of Bremer Whyte Brown & O’Meara