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    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.


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    Commercial and Residential Contractors License Required.


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    Tallapoosa Co Home Builders Association
    Local # 0186
    714 Commerce Drive
    Alexander City, AL 35010
    Cowarts Alabama expert witness commercial buildings construction litigation support Alabama Construction Expert Witness 10/ 10

    Home Builders Association of Tuscaloosa
    Local # 0188
    2009 Paul W Bryant Dr
    Tuscaloosa, AL 35401

    Cowarts Alabama expert witness commercial buildings construction litigation support Alabama Construction Expert Witness 10/ 10

    Chilton County Home Builders Association
    Local # 0117
    209 Parliament Parkway
    Maylene, AL 35114
    Cowarts Alabama expert witness commercial buildings construction litigation support Alabama Construction Expert Witness 10/ 10

    Lee Co Home Builders Association
    Local # 0136
    528 Lafayette Pl
    Auburn, AL 36830
    Cowarts Alabama expert witness commercial buildings construction litigation support Alabama Construction Expert Witness 10/ 10

    Home Builders Association of Phenix City
    Local # 0172
    1808 Opelika Road
    Phenix City, AL 36867
    Cowarts Alabama expert witness commercial buildings construction litigation support Alabama Construction Expert Witness 10/ 10

    Associated Home Builders of Greater Birmingham
    Local # 0116
    5000 Grantswood Road Ste 240
    Irondale, AL 35210

    Cowarts Alabama expert witness commercial buildings construction litigation support Alabama Construction Expert Witness 10/ 10

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

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    Lakewood Introduced City Ordinance to Battle Colorado’s CD Law

    Application of Set-Off When Determining Prevailing Party for Purposes of Attorney’s Fees

    General Contractors Must Plan to Limit Liability for Subcontractor Injury

    Congratulations to Haight Attorneys Selected to the 2020 Southern California Super Lawyers List

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    Coverage for Construction Defects Barred By Exclusion j (5)

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    Nine Gibbs Giden Partners Listed in Southern California Super Lawyers 2022

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    COWARTS ALABAMA EXPERT WITNESS COMMERCIAL BUILDINGS CONSTRUCTION LITIGATION SUPPORT ALABAMA CONSTRUCTION EXPERT WITNESS
    DIRECTORY AND CAPABILITIES

    The Cowarts Alabama expert witness commercial buildings construction litigation support, 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.

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    Cowarts Alabama expert witness commercial buildings construction litigation support, Alabama

    The Top 3 Trends That Will Impact the Construction Industry in 2024

    December 04, 2023 —
    As more than 40% of the current U.S. construction workforce will retire in the next decade, industry leaders need to equip themselves with the necessary resources to combat the shifting work environment.1 “Trends in the construction industry will fluctuate in the coming years, which can lead to additional risks for industry leaders. It will be important to think about how they can address any potential risk factors. A lot of leaders have been increasing their planning efforts and looking into technology solutions to combat the ongoing labor shortage,” said David DeSilva, head of construction at The Hartford. Here, he outlines the top three top trends for business leaders to watch in 2024. 1. Ongoing Labor Shortages Construction is an industry that traditionally has a high labor turnover rate, which means companies needs to hire more frequently. This only increases during labor shortages. The construction workforce is up against several factors, including an aging workforce and recruitment struggles. Read the full story...
    Reprinted courtesy of The Hartford Staff, The Hartford Insights

    Washington Court Denies Subcontractor’s Claim Based on Contractual Change and Notice Provisions

    January 29, 2024 —
    The recent unpublished case, Cascade Civil Construction, LLC v. Jackson Dean Construction, Inc., et al.,[1] provides a legal justification for contractors to require a directive or change order in advance of performing changed work—thereby preventing the party who requested the changed work from later arguing that notice provisions were not complied with. In the case, Jackson Dean, the prime contractor, hired Cascade to perform excavation work on a project to build a new Costco Corporate headquarters. Due to the Covid-19 pandemic and other issues, Jackson Dean directed resequencing, which required Cascade to perform excavation concurrent to dewatering. Jackson Dean also required deeper-than-planned excavation under one of the buildings. Read the full story...
    Reprinted courtesy of Wendy Rosenstein, Ahlers Cressman & Sleight PLLC
    Ms. Rosenstein may be contacted at wendy.rosenstein@acslawyers.com

    Nevada Update: Nevada Commissioner of Insurance Updates Burning Limits Statute with Emergency Regulation

    September 06, 2023 —
    Following significant backlash in reaction to its enactment of legislation prohibiting enforcement of any provisions in liability insurance policies dictating that defense costs are included within the limits of insurance, the Nevada Division of Insurance issued an emergency regulation further clarifying the law.1 The regulation modifies two key aspects of the original law:
    1. The term “policy of liability insurance,” as used in the statute, shall only mean those casualty insurance policies offered by insurers authorized under NRS 680A.060 and NRS 694C.230 to issue third-party liability insurance. In other words, the statute’s restrictions on eroding limits will no longer apply to “non-admitted” insurers.
    Read the full story...
    Reprinted courtesy of William S. Bennett, Saxe Doernberger & Vita, P.C.
    Mr. Bennett may be contacted at wsb@sdvlaw.com

    Nomos LLP Partner Garret Murai Recognized by Best Lawyers®

    September 18, 2023 —
    Nomos LLP Partner Garret Murai has been recognized by Best Lawyers® in its 30th edition of The Best Lawyers in America® in the area of Construction Law for 2024. This is the the first year Garret has been recognized by Best Lawyers®. Reprinted courtesy of Garret Murai, Nomos LLP Mr. Murai may be contacted at gmurai@nomosllp.com Read the full story...

    Traub Lieberman Senior Trial Counsel Timothy McNamara Wins Affirmation of Summary Judgment Denial

    August 28, 2023 —
    In this appeal brought before the State of New York Appellate Division, Second Judicial Department, the court ruled in favor of Traub Lieberman’s client, a housing complex owner, affirming the denial of co-defendant landscaping company’s summary judgment motion seeking dismissal of the cross-claims asserted by the complex owner against the co-defendant. In the underlying case, the plaintiff was allegedly injured when she slipped and fell on ice on the exterior stairs of the housing complex where she lived. The complex owner had contracted with the co-defendant to provide snow removal services for the complex. The plaintiff commenced action against both the complex owner and the landscaping company to recover damages for personal injuries. The complex owner asserted cross-claims against the landscaping company for contribution, common-law indemnification, and contractual indemnification. The landscaping company sought summary judgment dismissing the complaint and all cross-claims asserted against it, but the branch of the motion seeking dismissal of the cross-claims was denied. In the appeal brought before the Appellate Division, the court ruled in favor of Traub Lieberman’s client, the complex owner, affirming the denial of summary judgment for the cross-claims. Read the full story...
    Reprinted courtesy of Timothy G. McNamara, Traub Lieberman
    Mr. McNamara may be contacted at tmcnamara@tlsslaw.com

    Construction Litigation Roundup: “Apparently, It’s Not Always Who You Know”

    December 16, 2023 —
    A respondent party in a pair of international arbitrations on the losing end of roughly $285,000,000 in adverse awards attacked the awards based upon arbitrator bias. “If there is one bedrock rule in the law of arbitration, it is that a federal court can vacate an arbitral award only in exceptional circumstances. … The presumption against vacatur applies with even greater force when a federal court reviews an award rendered during an international arbitration.” Applying the Federal Arbitration Act (according to the court, the international arbitrations were “seated” in the United States and fell under the New York Convention, such that the FAA is required to be the basis for vacatur efforts), the court examined assertions that certain alleged non-disclosures by the panel “concealed information related to the arbitrators’ possible biases and thereby ‘deprived [respondent] of [its] fundamental right to a fair and consensual dispute resolution process.’” The aggrieved party urged that one arbitrator’s undisclosed nomination of another arbitrator to serve as president of another arbitral panel – “a position that sometimes pays hundreds of thousands of dollars” – possibly influenced the second arbitrator to side with the first. Assertions were also levied that the arbitrators’ undisclosed work with the attorneys for the claimant in other arbitrations “allowed them to become familiar with each other, creating a potential conflict of interest.” Read the full story...
    Reprinted courtesy of Daniel Lund III, Phelps
    Mr. Lund may be contacted at daniel.lund@phelps.com

    9th Circuit Plumbs Through the Federal and State False Claims Acts

    January 16, 2024 —
    You may have heard of the False Claims Act and know that it penalizes companies and individuals in contract with the government who present false claims. The federal False Claims Act was signed into law by President Abraham Lincoln in 1863 to penalize profiteers during the Civil War who were selling the Union Army moth eaten blankets, boxes of sawdust instead of guns, and sometimes re-selling the Army calvary horses several times over. Since then, many states, including California, as well as municipalities, have enacted their own false claim statutes. As currently written, the federal False Claims Act provides for statutory penalties against any person who:
    1. “[K]nowingly presents, or causes to be presented, a false or fraudulent claim for payment or approval”;
    2. “[K]nowingly makes, uses or causes to be made or used, a false record or statement material to a false or fraudulent claim”;
    3. “[H]as possession, custody, or control of property or money used, or to be used, by the Government an knowingly delivers, or causes to be delivered, less than all of that money or property”;
    Read the full story...
    Reprinted courtesy of Garret Murai, Nomos LLP
    Mr. Murai may be contacted at gmurai@nomosllp.com

    Gibbs Giden is Pleased to Announce Four New Partners and Two New Associates

    January 08, 2024 —
    We take great pleasure in announcing that Richard Marks and Kyle Marks have joined the firm. They bring a combined 60 years of real property law experience to Gibbs Giden. Well known Title Insurance and seasoned real estate attorneys they have both served as chair of the Title Insurance Subsection of the Los Angeles County Bar Association and are adjunct professors at Southwestern University School of Law. We are excited to welcome these two exceptional partners and their commitment to representing clients with honesty, integrity, and excellence. You can find them in our firm’s Westlake office. Talented attorneys Samantha Riggen and Christopher Trembley have been named partners. Samantha represents clients in all areas of business and commercial matters with an emphasis on construction litigation on both public and private projects. Christopher’s practice also focuses on construction litigation on behalf of a wide spectrum of industry-stakeholder clients, including suppliers, contractors, and owners. Both work in our firm’s Westlake Village office. We are also pleased to announce we’ve hired two new associates. Sarah La Mendola and Madison Wedderspoon. Sarah has developed an expertise in a wide range of real estate, business, and corporate matters. She received her JD from the University of Pavia, one of the top universities in Italy, in 2012 and her LLM from UCLA in 2015. You can find Sarah in our Westlake Village office. Madison recently graduated from the Boyd School of Law cum laude, is based in our Las Vegas office and works in the areas of business law, contracts, healthcare law, construction, real estate, and common interest community transactional and litigation work. Read the full story...
    Reprinted courtesy of Gibbs Giden