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    Gambell, Alaska

    Alaska Builders Right To Repair Current Law Summary:

    Current Law Summary: HB151 limits the damages that can be awarded in a construction defect lawsuit to the actual cost of fixing the defect and other closely related costs such as reasonable temporary housing expenses during the repair of the defect, any reduction in market value cause by the defect, and reasonable and necessary attorney fees.

    Construction Expert Witness Contractors Licensing
    Guidelines Gambell Alaska

    Commercial and Residential Contractors License Required

    Construction Expert Witness Contractors Building Industry
    Association Directory
    Interior Alaska Builders Association
    Local # 0235
    938 Aspen Street
    Fairbanks, AK 99709

    Gambell Alaska Construction Expert Witness 10/ 10

    Mat-Su Home Builders Association
    Local # 0230
    Wasilla, AK 99654

    Gambell Alaska Construction Expert Witness 10/ 10

    Home Builders Association of Alaska
    Local # 0200
    8301 Schoon St Ste 200
    Anchorage, AK 99518

    Gambell Alaska Construction Expert Witness 10/ 10

    Home Builders Association of Anchorage
    Local # 0215
    8301 Schoon St Ste 200
    Anchorage, AK 99518

    Gambell Alaska Construction Expert Witness 10/ 10

    Kenai Peninsula Builders Association
    Local # 0233
    PO Box 1753
    Kenai, AK 99611

    Gambell Alaska Construction Expert Witness 10/ 10

    Northern Southeast Alaska Building Industry Association
    Local # 0225
    9085 Glacier Highway Ste 202
    Juneau, AK 99801

    Gambell Alaska Construction Expert Witness 10/ 10

    Southern Southeast Alaska Building Industry Association
    Local # 0240
    PO Box 6291
    Ketchikan, AK 99901

    Gambell Alaska Construction Expert Witness 10/ 10

    Construction Expert Witness News and Information
    For Gambell Alaska

    Enforceability Of Subcontract “Pay-When-Paid” Provisions – An Important Update

    An Interesting Look at Mechanic’s Lien Priority and Necessary Parties

    Will a Notice of Non-Responsibility Prevent Enforcement of a California Mechanics Lien?

    Condo Association Settles with Pulte Homes over Construction Defect Claims

    Supreme Court Set to Alter Law on Key Project, Workforce Issues

    Flood Sublimits Do Not Apply to Loss Caused by Named Windstorm

    Land Planners Not Held to Professional Standard of Care

    Trade Contract Revisions to Address COVID-19

    Coverage Denied for Faulty Blasting and Improper Fill

    Where Standing, Mechanic’s Liens, and Bankruptcy Collide

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

    Indictments Issued in Las Vegas HOA Scam

    Arizona Supreme Court Confirms Eight-Year Limit on Construction Defect Lawsuits

    Domtar Update

    Power to the Office Worker

    SB800 Is Now Optional to the Homeowner?

    Louisiana Court Applies Manifestation Trigger to Affirm Denial of Coverage

    The Road to Hell is Paved with Good Intentions: A.B. 1701’s Requirement that General Contractors Pay Subcontractor Employee Wages Will Do More Harm Than Good

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

    The Uncertain Future of the IECC

    The United States Court of Appeals, Fourth Circuit, Finds Wrap-Up Exclusion Does Not Bar Coverage of Additional Insureds

    Policy's Limitation Period for Seeking Replacement Costs Not Enforced Where Unreasonable

    New York’s Highest Court Gives Insurers “an Incentive to Defend”

    Brown Paint Doesn’t Cover Up Construction Defects

    Developer Sues TVA After It Halts Nuke Site Sale

    Housing Starts Plunge by the Most in Four Years

    Underpowered AC Not a Construction Defect

    TV Kitchen Remodelers Sued for Shoddy Work

    Social Engineering Scams Are On the Rise – Do I Have Insurance Coverage for That?

    The 2021 Top 50 Construction Law Firms™

    After 60 Years, I-95 Is Complete

    Insurance Measures Passed by 2015 Hawaii Legislature

    Contractors Prepare for a Strong 2021 Despite Unpredictability

    Mexico’s Construction Industry Posts First Expansion Since 2012

    New Stormwater Climate Change Tool

    Assessing Defective Design Liability on Federal Design-Build Projects

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

    Court Finds No Occurrence for Installation of Defective flooring and Explains Coverage for Attorney Fee Awards

    Contract Terms Can Impact the Accrual Date For Florida’s Statute of Repose

    Plaintiff’s Mere Presence in Area Where Asbestos is Present Insufficient to Establish Bystander Exposure

    Distinguishing Hawaii Law, New Jersey Finds Anti-Assignment Clause Ineffective

    No Coverage for Co-Restaurant Owners Who Are Not Named In Policy

    Design-Assist Collaboration/Follow-up Post

    The Rubber Hits the Ramp: A Maryland Personal Injury Case

    Janeen Thomas Installed as State Director of WWBA, Receives First Ever President’s Award

    Are Proprietary Specifications Illegal?

    New York Federal Court Enforces Construction Exclusion, Rejects Reimbursement Claim

    The U.S. Flooded One of Houston’s Richest Neighborhoods to Save Everyone Else

    Bond Principal Necessary on a Mechanic’s Lien Claim

    Window Installer's Alleged Faulty Workmanship On Many Projects Constitutes Multiple Occurrences
    Corporate Profile


    Leveraging from more than 7,000 construction defect and claims related expert witness designations, the Gambell, Alaska Construction Expert Witness Group provides a wide range of trial support and consulting services to Gambell'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.

    Construction Expert Witness News & Info
    Gambell, Alaska

    Dispute Resolution Provision in Subcontract that Says Owner, Architect or Engineer’s Decision Is Final

    March 29, 2021 —
    In subcontracts, it is not uncommon to see a provision that says something to the effect: Should any dispute arise between the parties respecting the true construction or interpretation of the Plans, Specifications and/or the Contract Requirements, the decision of the Owner or the Owner’s designated representative as set forth in the General Contract shall be final. This is a provision in a subcontract dealing with dispute resolution, typically when there is a dispute as to whether the subcontractor is performing extra-contractual or base contract work regarding an “interpretation of the Plans, Specifications, and/or the Contract Requirements.” It is not uncommon for there to be a dispute as to whether certain work is within the subcontractor’s scope of work or outside the subcontractor’s scope of work and subject to a change order. Read the court decision
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    Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
    Mr. Adelstein may be contacted at

    Massachusetts Supreme Judicial Court Strikes a Deathblow to Substantial Factor Causation in Most Cases; Is Asbestos Litigation Next?

    March 22, 2021 —
    In Doull v. Foster, the Massachusetts Supreme Judicial Court (SJC) addressed the proper causation standard in a medical malpractice case. In reaching this issue, the SJC reached far beyond the medical malpractice case before it. The SJC concluded that the substantial factor test for causation, which had been regularly employed in the Commonwealth for decades, was “unnecessarily confusing.” In doing so, the SJC effectively ended the use of the substantial factor test in all negligence cases going forward, except in toxic tort litigation. However, the SJC openly questioned its usefulness in toxic tort litigation and all but welcomed a direct challenge to its use there. Reprinted courtesy of Christian J. Singewald, White and Williams LLP, Rochelle Gumapac, White and Williams LLP and Timothy J. Keough, White and Williams LLP Mr. Singewald may be contacted at Ms. Gumapac may be contacted at Mr. Keough may be contacted at Read the court decision
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    Reprinted courtesy of

    Amada Family Limited Partnership v. Pomeroy: Colorado Court of Appeals Expressly Affirms the Continuing Viability of the Common-Law After-Acquired Title Doctrine and Expressly Recognizes Utility Easements by Necessity

    June 28, 2021 —
    On May 27, 2021, a division of the Colorado Court of Appeals issued its opinion in Amada Family Limited Partnership v. Pomeroy, 2021 COA 73. In that case, the court decided two significant issues that apparently had never been expressly ruled on by a Colorado appellate court before: (1) that Colorado’s common-law after-acquired title doctrine was not abrogated by adoption of the after-acquired interest statute; and (2) that utility easements may be implied by necessity. As is often the case in matters involving access and implied property rights, the facts and history underlying Amada are complicated, but the case’s two most significant rulings are not. Instead, the basic legal principles established (or confirmed) in Amada appear to be broadly applicable, and real property practitioners should take note of these significant developments (or clarifications) in the law. Read the court decision
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    Reprinted courtesy of Luke Mecklenburg, Snell & Wilmer
    Mr. Mecklenburg may be contacted at

    Cross-Motions for Partial Judgment on the Pleadings for COVID-19 Claim Denied

    May 24, 2021 —
    The court denied both parties' motions for partial judgment on the pleadings seeking clarification of the policy's contamination exclusion. Thor Equities, LLC v. Factory Mut. Ins. Co., 2021 U.S. Dist. LEXIS 62967 (S.D. N.Y. March 31, 2021). Thor was a commercial landlord, renting properties across the country to hundreds of tenants, for use in a variety of businesses, including office space, retail stores, restaurants, and bars. When state governments began shutting down businesses and issuing stay-at-home orders in March 2020, many of Thor's tenants had to close shop and sought abatements or other accommodations. Thor alleged it suffered significant business interruption as a result of the pandemic. Read the court decision
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    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at

    Not All Design-Build Projects are Created Equal

    June 28, 2021 —
    As the need for faster and more efficient construction increases, design-build agreements are growing in popularity. Design-build projects may account for 44% of nonresidential building in the United States this year. However, contractors who venture into a “design builder” role may unexpectedly become liable for design errors/omissions that are not covered by their insurance policies. In turn, they may expose themselves to liability and insurance risks that are neither insured nor managed. In this article, we’ll discuss how the contractor who becomes a design-builder, or performs design-related work through subcontractors, faces potentially unmanaged risk. We will also explore indemnity, warranty, and insurance traps by paying attention to contract language in both traditional design-build and design-assist scenarios. Reprinted courtesy of Nicole Markowitz, Peckar & Abramson, P.C. and Richard Robinson, Peckar & Abramson, P.C. Ms. Markowitz may be contacted at Mr. Robinson may be contacted at Read the court decision
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    Reprinted courtesy of

    Workers Compensation Insurance: Dangers of the Audit Process

    April 12, 2021 —
    If your business obtains workers compensation insurance, it is important you take steps to protect the business and yourself from excessive premiums to the insurance company as a result of misclassification of workers. After applying for and being accepted by an insurance company for workers compensation insurance, your business will receive a Workers Compensation and Employers Liability Insurance Policy. It is important that you or an advisor reviews this document. Generally, this document will explain what the insurance company can do, steps it can take to determine the premium, and the responsibilities of your business. The document will also provide the estimated premium. A premium is the amount you will pay for the coverage provided by the insurance company. The premium is determined by many factors, including the classification of each employee. It is important that when your company applies for insurance, the correct classifications are provided. If those are not provided, or provided in error, the insurance company will assign classifications and the associated rates, based on its assumptions and conclusions. The insurance company will assess the payroll and multiply it by an established rate based on the revised classification. The rates are different for the distinct work being done by each employee, with higher-risk jobs receiving a higher rate. For instance, a roofer or framer will have a higher rate than clerical staff. The rate is generally higher for those with riskier jobs. Read the court decision
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    Reprinted courtesy of Jason M. Gropper, Autry, Hall & Cook, LLP
    Mr. Gropper may be contacted at

    Key Legal Considerations for Modular Construction Contracts

    April 19, 2021 —
    Modular construction is literally on the rise. It is rapidly displacing traditional stick-built construction for new commercial, industrial and residential buildings. Over the past decade, an increasing number of health care, education facilities and apartment buildings have been built using modular construction. As the need for housing, and especially affordable housing, has grown as a result of the COVID-19 pandemic, modular construction is becoming increasingly popular. Recently, the Canadian government, through the Canadian Mortgage Housing Corporation, launched a “Rapid Housing Initiative,” a $1 billion program utilizing only modular construction to rapidly construct affordable housing for its citizens. Similarly, the city of Toronto (which last year approved a plan to build 250 modular homes in response to homelessness) plans to build 1,000 modular homes by 2030. The pandemic also has resulted in an urgent demand for modules for medical facilities and schools. Modular construction allows contractors to build “leaner” and “greener” buildings while increasing quality control and improving site safety and potentially saving valuable time and money. Reprinted courtesy of Frederick E. Hedberg, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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    Florida Death Toll Rises by Three, Reaching 27 as Search Resumes

    July 05, 2021 —
    Surfside, Fla. (AP) -- Rescuers searched through fresh rubble Monday after the last of the collapsed Florida condo building was demolished, which allowed crews into previously inaccessible places, including bedrooms where people were believed to be sleeping at the time of the disaster, officials said. But they faced a new challenge from thunderstorms that hit the area as Tropical Storm Elsa approached the state. Four more victims were discovered in the new pile, Miami-Dade Assistant Fire Chief Raide Jadallah told family members, raising the death toll to 28 people. Another 117 people remain unaccounted for. The demolition late Sunday was crucial to the search-and-rescue effort, officials said, and raised the prospect that crews could increase both the pace of their work and the number of searchers at the site, although the chance of finding survivors 12 days after the June 24 collapse has diminished. Read the court decision
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    Reprinted courtesy of The Associated Press, Bloomberg