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    Cowarts, Alabama

    Alabama Builders Right To Repair Current Law Summary:

    Current Law Summary: Although there is case law precedent for right to repair, Title 6 Article 13A states action must be commenced within 2 years after cause and not more than 13 years after completion of construction.

    Construction Expert Witness Contractors Licensing
    Guidelines Cowarts Alabama

    Commercial and Residential Contractors License Required.

    Construction Expert Witness Contractors Building Industry
    Association Directory
    Home Builders Association of Dothan & Wiregrass Area
    Local # 0132
    PO Box 9791
    Dothan, AL 36304
    Cowarts Alabama Construction Expert Witness 10/ 10

    Enterprise Home Builders Association
    Local # 0133
    PO Box 310861
    Enterprise, AL 36331
    Cowarts Alabama Construction Expert Witness 10/ 10

    South Alabama Home Builders Association
    Local # 0102
    PO Box 190
    Greenville, AL 36037
    Cowarts Alabama Construction Expert Witness 10/ 10

    Home Builders Association of Metro Mobile Inc
    Local # 0156
    1613 University Blvd S
    Mobile, AL 36609

    Cowarts Alabama Construction Expert Witness 10/ 10

    Baldwin County Home Builders Association
    Local # 0184
    916 PLantation Blvd
    Fairhope, AL 36532

    Cowarts Alabama Construction Expert Witness 10/ 10

    Home Builders Association of Alabama
    Local # 0100
    PO Box 241305
    Montgomery, AL 36124

    Cowarts Alabama Construction Expert Witness 10/ 10

    Greater Montgomery Home Builders Association
    Local # 0164
    6336 Woodmere Blvd
    Montgomery, AL 36117

    Cowarts Alabama Construction Expert Witness 10/ 10

    Construction Expert Witness News and Information
    For Cowarts Alabama

    Recommendations for Property Owners After A Hurricane: Submit a Claim

    Another Defect Found on the Bay Bridge: Water Leakage

    Low Interest Rates Encourages Homeowners to become Landlords

    Reminder: Know Your Contractor Licensing Rules

    Five Actions Construction and Energy Risk Managers Can Take to Avoid the Catastrophic Consequences of a Cyber Attack

    Bremer Whyte Brown & O’Meara LLP Attorneys to Speak at the 2016 National Construction Claims Conference

    Congratulations 2016 DE, NJ, and PA Super Lawyers and Rising Stars

    PFAS and the Challenge of Cleaning Up “Forever”

    Nevada’s Changing Liability Insurance Landscape—State Insurance Regulator Issues Emergency Regulation and Guidance Addressing Controversial “Defense-Within-Limits” Legislation

    London Shard Developer Wins Approval for Tower Nearby

    Texas Federal District Court Dismisses COVID-19 Claim

    Uniformity in Florida’s Construction Bond Laws Brings About Fairness for the Industry

    Cerberus, Blackstone Loosening Credit for U.S. Landlords

    Lenders and Post-Foreclosure Purchasers Have Standing to Make Construction Defect Claims for After-Discovered Conditions

    As Single-Family Homes Get Larger, Lots Get Smaller

    Manhattan Condos at Half Price Reshape New York’s Harlem

    Construction Defects Are Not An Occurrence Under New York, New Jersey Law

    Proposed Changes to Federal Lease Accounting Standards

    Six Inducted into California Homebuilding Hall of Fame

    Colorado Court of Appeals holds that insurance companies owe duty of prompt and effective communication to claimants and repair subcontractors

    Washington, DC’s COVID-19 Eviction Moratorium Expires

    Cities' Answer to Sprawl? Go Wild.

    Alabama Federal Magistrate Recommends Dismissal of Construction Defect Declaratory Judgment Action Due to Expanded Duty to Defend Standard

    The Pitfalls of Oral Agreements in the Construction Industry

    Prefabrication Contract Considerations

    Water Damage Sub-Limit Includes Tear-Out Costs

    Architect Named Grand Custom Home Winner for Triangular Design

    New York Court Narrowly Interprets “Expected or Intended Injury” Exclusion in Win for Policyholder

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

    Harmon Tower Case Settled Prior to Start of Trial

    Stormy Skies Ahead? Important News Regarding a Hard Construction Insurance Market

    Wilke Fleury Secures Bid Protest Denial

    Miller Act Statute of Limitations and Equitable Tolling

    Connecting IoT Data to BIM

    The Right to Repair Act (Civ.C §895 et seq.) Applies and is the Exclusive Remedy for a Homeowner Alleging Construction Defects

    No Retrofit without Repurposing in Los Angeles

    California Supreme Court Holds that Prevailing Wages are Not Required for Mobilization Work, for Now

    Sometimes You Get Away with Unwritten Contracts. . .

    Eastern District of Pennsylvania Denies Bad Faith Claim in HO Policy Dispute

    Blurred Lines: New York Supreme Court Clarifies Scope of Privileged Documents in Connection with Pre-Denial Communications Prepared by Insurer's Coverage Counsel

    Newmeyer Dillion Secures Victory For Crown Castle In Years-Long Litigation With City Council Of Piedmont Over Small Cell Wireless Telecommunications Sites

    MDL Panel Grants Consolidation for One Group of COVID-19 Claims

    Construction Defects Not Occurrences under Ohio Law

    Temecula Office Secures Approval for Development of 972-Acre Community on Behalf of Pulte Homes

    Court Rules that Collapse Coverage for Damage Caused “Only By” Specified Perils Violates Efficient Proximate Cause Rule and is Unenforceable

    VOSH Jumps Into the Employee Misclassification Pool

    Texas Plans a Texas-Sized Response to Rising Seas

    Construction Trust Fund Statutes: Know What’s Required in the State Where Your Project Is Underway

    Using the Prevention Doctrine

    North Carolina Court Rules In Favor Of All Sums
    Corporate Profile


    The Cowarts, Alabama 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
    Cowarts, Alabama

    Anthony Luckie Speaks With Columbia University On Receiving Graduate Degree in Construction Administration Alongside His Father

    October 02, 2023 —
    New York, N.Y. (September 7, 2023) – New York Partner Anthony P. Luckie recently spoke with the Columbia University School of Professional Studies' Alumni publication regarding earning a Master of Science in Construction Administration alongside his father, as well as how the degree will benefit his law practice and clients. As the article explains, Mr. Luckie and his father completed Columbia’s Construction Administration Program last year – only one week before the birth of Mr. Luckie’s own son. Mr. Luckie described that being accepted into the program at Columbia – a school from which “some of the most important figures in American history” have graduated – “was a really big thrill . . . .” He further explained that although he felt a sense of pride in earning the degree, the fact that he and his father shared the experience held even greater meaning for him. He noted, “[W]hile it’s an incredible achievement for both of us to graduate from an Ivy League school, for me, that day was a culmination of a father raising his son. Standing there with him onstage . . . I made sure I took time to feel grateful.” Read the full story...
    Reprinted courtesy of Lewis Brisbois

    Compliance with Contractual and Jurisdictional Pre-Suit Requirements is Essential to Maximizing Recovery

    November 27, 2023 —
    Timely notice is an important first step in a successful insurance recovery. But insurance policies are not always straightforward in identifying how, when, and to whom notice must be provided. Some states may also impose additional procedural hurdles, including requiring policyholders to contact their insurers before filing suit (the idea behind this requirement is that it may avoid litigation). Failing to comply with pre-suit requirements can hurt the policyholder’s recovery, as illustrated in a recent decision from the Northern District of Texas. In NewcrestImage Holdings, LLC v. The Travelers Lloyds Insurance Company, No. 2:23-cv-039-BR (N.D. Tex. Oct. 17, 2023), the court considered whether NewcrestImage had forfeited its right to recover attorneys’ fees by failing to give Travelers pre-suit notice. NewcrestImage had filed suit against Travelers to obtain coverage for damage to its hotel property arising out of Winter Storm Uri. In its answer, Travelers asserted that NewcrestImage failed to provide the insurer with pre-suit notice as required under the Texas Insurance Code, and that if NewcrestImage successfully proved it was entitled to coverage, NewcrestImage’s failure to provide pre-suit notice precluded it from recovering attorneys’ fees. Travelers later moved to strike the claim for attorneys’ fees on that basis. Reprinted courtesy of Michael S. Levine, Hunton Andrews Kurth, Geoffrey B. Fehling, Hunton Andrews Kurth and Charlotte Leszinske, Hunton Andrews Kurth Mr. Levine may be contacted at Mr. Fehling may be contacted at Ms. Leszinske may be contacted at Read the full story...

    Extreme Flooding Overwhelms New York Roadways, Killing 1 Person

    July 24, 2023 —
    NEW YORK (AP) — Heavy rain spawned extreme flooding in New York’s Hudson Valley that killed at least one person, swamped roadways and forced road closures on Sunday night, as much of the rest of the Northeast U.S. braced Monday for potentially punishing rains. As the storm moved east, the National Weather Service extended flash flood warnings into Connecticut, including the cities of Stamford and Greenwich, before creeping into Massachusetts. Forecasters said some areas could get as much as 5 inches (12 centimeters) of rain. In New York's Hudson Valley, rescue teams found the body of a woman in her 30s who drowned after being swept away while trying to evacuate her home, Orange County Executive Steven Neuhaus told WABC-TV. Officials were waiting for the medical examiner's office to arrive, he said. Read the full story...
    Reprinted courtesy of Bloomberg

    Building a Strong ESG Program Can Fuel Growth and Reduce Company Risk

    June 19, 2023 —
    Companies are addressing today’s evolving ESG (Environmental, Social and Governance) issues like they never have before. From climate change to diversity, equity and inclusion, these topics are at the forefront of discussion for businesses, with many seeking to understand stakeholder concerns and implement strategies to improve their ESG efforts. Stakeholders – consumers, investors and employees alike – have recently become more vocal and united in their demand for sustainable corporate behavior. In fact, 83% of consumers think companies should be actively working on Environmental, Social and Governance (ESG) program best practices and 86% of employees prefer to support or work for companies that care about the same issues they do.1 In turn, companies are addressing these issues like they never have before, in recognition of their importance as indicators of long-term value. Read the full story...
    Reprinted courtesy of The Hartford Staff, The Hartford Insights

    First Circuit Rejects Insurer’s “Insupportable” Duty-to-Cooperate Defense in Arson Coverage Suit

    October 24, 2023 —
    In Philadelphia Indemnity Insurance Co. v. BAS Holding Corp., the Court of Appeals for the First Circuit rejected an insurer’s “insupportable” defense that the insured company had breached its duty to cooperate by refusing the insurer’s request for an examination under oath of the company’s president. The decision is a reminder that, while examinations under oath can be effective tools to allow the insurer to properly investigate a claim, an insured’s duty to cooperate is not boundless and does not demand attendance at examinations that are not reasonably requested. Background BAS Holding involves the destruction of a landmark building in Boston by an arsonist. The owner, BAS Holding Corporation, submitted an insurance claim to its property insurer to recover insurance proceeds for the damage to the building. The insurer investigated the claim to determine whether the damage to the building was covered and issued a reservation of rights letter suggesting that the policy may not provide coverage for the fire. As part of its investigation, the insurer requested an examination under oath as a condition to coverage under the policy, which led to BAS presenting the property’s operations coordinator for an interview. Shortly after examining the operations coordinator, the insurer sought another examination of BAS’s president and owner, as well as five other employees. In response, BAS questioned whether the additional examinations were “reasonably required” and said that it would consider the requests if the insurer could explain why they were necessary. Reprinted courtesy of Geoffrey B. Fehling, Hunton Andrews Kurth and Yaniel Abreu, Hunton Andrews Kurth Mr. Fehling may be contacted at Mr. Abreu may be contacted at Read the full story...

    Nevada Legislature Burns Insurers' Rights to Offer Eroding Limits

    August 28, 2023 —
    Nevada’s legislature recently passed a groundbreaking law imposing two prohibitions on insurers. First, the law prohibits insurers from issuing or renewing any liability insurance policy with an “eroding limits” provision. While the first section of the law will have the most immediate effects, the statute goes further, generally prohibiting insurers from limiting the availability of coverage for the costs of defense, legal costs and fees, and other claim expenses. This second section leaves a great deal to interpretation, with the potential to massively expand policyholder rights, and may throw the traditional structure of liability insurance policies into question. Nevada Statute §679a provides as follows: Notwithstanding any other provision of law, an insurer, including, without limitation, an insurer listed in NRS 679A.160, shall not issue or renew a policy of liability insurance that contains a provision that:
    1. Reduces the limit of liability stated in the policy by the costs of defense, legal costs and fees and other expenses for claims; or
    2. Otherwise limits the availability of coverage for the costs of defense, legal costs and fees and other expenses for claims.
    Read the full story...
    Reprinted courtesy of William S. Bennett, Saxe Doernberger & Vita, P.C.
    Mr. Bennett may be contacted at

    PFAS and the Challenge of Cleaning Up “Forever”

    July 31, 2023 —
    From a stream of legal challenges, to ever-expanding regulations on things like cosmetics and drinking water, PFAS are the “forever chemicals” keeping companies and consumers on high alert. While industries scramble to remove the synthetic compounds from products, scientists are researching new techniques for scrubbing PFAS from the environment. There is money to be had for those who can find a more streamlined method of purging the substances—the U.S. Army Corps of Engineers has an $800 million contract on the table for the handling, destruction and replacement of PFAS-laden fire-fighting foam—leaving technology companies racing to create solutions. The three main PFAS cleaning techniques currently relied upon can be very effective but are also costly and may leave questionable byproducts in their wake. The established approaches include:
    • Granular Activated Carbon. As one of the most studied treatments for PFAS removal, granular activated carbon is often used in water treatment plants. Large beds of carbon essentially soak up the unwanted chemicals. After the Sweeney Water Plant in North Carolina, whose water source is downstream from a fluorochemical-producing Chemours plant, was found to be contaminated with PFAS, the plant invested around $46 million into upgraded activated carbon systems. Once installed, these systems cost roughly $2.9 million to operate yearly, as the carbon needs to be replaced each time it reaches capacity. Though pricey, the plant says that the process now clears close to 100% of PFAS.
    Read the full story...
    Reprinted courtesy of PFAS Team, Pillsbury

    Beyond Inverse Condemnation in Wildfire Litigation: An Oregon Jury Finds Utility Liable for Negligence, Trespass and Nuisance

    July 10, 2023 —
    On June 10, 2023, a jury in Portland, Oregon found PacifiCorp and Pacific Power (collectively, “PacifiCorp”) liable for negligence, trespass, and nuisance based on a series of four wildfires that occurred during Labor Day weekend in 2020. PacifiCorp prevailed against the plaintiffs on the claim of inverse condemnation. With respect to the tort-based claims, the jury awarded approximately $72 million in compensatory damages to 17 plaintiffs. The jury later found PacifiCorp liable for $18 million in punitive damages, or one quarter of the compensatory damages that the jury awarded to the 17 plaintiffs. The jury’s liability findings apply to a broader class of owners, whose damages will need to be individually proven in a yet-to-be defined second phase of proceedings. Post-verdict motion practice and appeals may affect the jury’s findings. Reprinted courtesy of Marisa Miller, Sheppard Mullin, John Yacovelle, Sheppard Mullin and Kazim Naqvi, Sheppard Mullin Ms. Miller may be contacted at Mr. Yacovelle may be contacted at Mr. Naqvi may be contacted at Read the full story...