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    Kachemak, 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 Kachemak Alaska

    Commercial and Residential Contractors License Required

    Construction Expert Witness Contractors Building Industry
    Association Directory
    Southern Southeast Alaska Building Industry Association
    Local # 0240
    PO Box 6291
    Ketchikan, AK 99901

    Kachemak Alaska Construction Expert Witness 10/ 10

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

    Kachemak Alaska Construction Expert Witness 10/ 10

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

    Kachemak Alaska Construction Expert Witness 10/ 10

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

    Kachemak Alaska Construction Expert Witness 10/ 10

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

    Kachemak Alaska Construction Expert Witness 10/ 10

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

    Kachemak Alaska Construction Expert Witness 10/ 10

    Interior Alaska Builders Association
    Local # 0235
    938 Aspen Street
    Fairbanks, AK 99709

    Kachemak Alaska Construction Expert Witness 10/ 10

    Construction Expert Witness News and Information
    For Kachemak Alaska

    Proposed Legislation for Losses from COVID-19 and Limitations on the Retroactive Impairment of Contracts

    Construction Defect Bill Introduced in California

    When is Construction Put to Its “Intended Use”?

    Senate’s Fannie Mae Wind-Down Plan Faces High Hurdles

    The Evolution of Construction Defect Trends at West Coast Casualty Seminar

    The Law Clinic Paves Way to the Digitalization of Built Environment Processes

    Are Contracting Parties Treated the Same When it Comes to Notice Obligations?

    No Global MDL for COVID Business Interruption Claims, but Panel Will Consider Separate Consolidated Proceedings for Lloyds, Cincinnati, Hartford, Society

    Homeowners Sue Over Sinkholes, Use Cash for Other Things

    SB800 Is Now Optional to the Homeowner?

    After Breaching its Duty to Defend, Insurer Must Indemnify

    Architectural Democracy – Interview with Pedro Aibéo

    Touchdown! – The Construction Industry’s Winning Audible to the COVID Blitz

    Difficult Task for Court to Analyze Delay and Disorder on Construction Project

    No Coverage for Faulty Workmanship Causing Property Damage to Insured's Product Only

    U.S. Tornadoes, Hail Cost Insurers $1 Billion in June

    Failure to Comply with Sprinkler Endorsement Bars Coverage for Fire Damage

    The Anatomy of a Construction Dispute Stage 2- Increase the Heat

    SEC Recommendations to Protect Against Cybersecurity Threats

    What Do I Do With This Stuff? Dealing With Abandoned Property After Foreclosure

    The Contingency Fee Multiplier (For Insurance Coverage Disputes)

    The Great Skyscraper Comeback Skips North America

    New York vs. Miami: The $50 Million Penthouse Battle From Zaha Hadid

    Record Keeping—the Devil’s in the Details

    Digitalizing the Hospital Design Requirements Process

    The Cheapest Place to Buy a House in the Hamptons

    Buy a House or Pay Off College? $1.2 Trillion Student Debt Heats Up in Capital

    Federal District Court Continues to Find Construction Defects do Not Arise From An Occurrence

    San Diego: Compromise Reached in Fee Increases for Affordable Housing

    No Coverage for Hurricane Sandy Damage

    COVID-19 Response: Recent Executive Orders Present Opportunities for Businesses Seeking Regulatory and Enforcement Relief and Expedited Project Development

    Miller Wagers Gundlach’s Bearish Housing Position Loses

    Homebuilder Confidence Takes a Beating

    The Ghosts of Baha Mar: How a $3.5 Billion Paradise Went Bust

    Mitsubishi Estate to Rebuild Apartments After Defects Found

    Ruling Closes the Loop on Restrictive Additional Insured Endorsement – Reasonable Expectations of Insured Builder Prevails Over Intent of Insurer

    Lead Paint: The EPA’s Renovation, Repair and Painting Rule

    California Department of Corrections Gets Hit With the Prison Bid Protest Blues

    Defining a Property Management Agreement

    Construction Reaches Half-Way Point on San Diego's $2.1 Billion Mid-Coast Trolley

    Wilke Fleury Attorneys Awarded Sacramento Business Journal’s Best of the Bar

    Evacuations in Santa Barbara County as more Mudslides are Predicted

    Condo Developers Buy in Washington despite Construction Defect Litigation

    Duty to Defend Construction Defect Case Triggered by Complaint's Allegations

    Indiana Court of Appeals Rules Against Contractor and Performance Bond Surety on Contractor's Differing Site Conditions Claim

    After Restoring Power in North Carolina, Contractor Faces Many Claims

    What You Don’t Know About Construction Law Can Hurt Your Engineering Firm (Law Note)

    Implied Warranties for Infrastructure in Florida Construction Defect Claims

    Suit Limitation Provision Upheld

    Uniform Rules Governing New York’s Supreme and County Courts Get An Overhaul
    Corporate Profile


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

    The Best Laid Plans: Contingency in a Construction Contract

    September 13, 2021 —
    This article is the first of a three-part series on contingencies in construction contracts. This series will explain:
    • what a construction contingency is;
    • the two primary schools of thought regarding how a construction contingency fund should be used and managed; and
    • construction contract drafting considerations for contingency clauses.
    Armed with this information, owners and contractors will be better equipped to tackle the inevitable project surprises. Life is full of surprises, some good and some not too good. Surprises during construction are seldom welcome events. However, experienced owners and contractors know to expect the unexpected and plan accordingly by including contingency funds in their budgets. For them, the question is not whether or not to include a contingency, but how much to set aside and how to structure and manage the fund. Reprinted courtesy of Josh Levy, Katesha Long & Samantha Schacht, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Ms. Schacht may be contacted at Ms. Long may be contacted at Read the court decision
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    Reprinted courtesy of

    Project-Specific Policies and Products-Completed Operations Hazard Extensions

    May 31, 2021 —
    1. Understanding the “Products-Completed Operations Hazard” ISO commercial general liability (“CGL”) policies use the term “products-completed operations hazard” (“PCOH”) to define a category of risk which is treated specially by certain exclusions within the policy and often subject to separate limits of insurance. In construction, we think about PCOH as being about coverage for completed work. Bodily injury and property damage arising out of completed work is a significant construction risk. Most construction contracts include warranty and indemnity obligations for completed work. All states allow lawsuits to be brought alleging bodily injury or property damage because of completed work based on common law. Contract and common law claims are subject to statutes of limitation – laws which define the time in which suits must be brought. Most states provide exceptions to their statutes of limitation for common law claims – the most common example is an extension to file a lawsuit based on a latent defect until the defect is discovered. Most states also have “statutes of repose” – laws that set a date after which suit may no longer be brought, no matter what the circumstances are. A construction contractor, therefore, has potential liability until the statute of repose period has expired. Thus, a contractor looks to ensure that it has coverage for the PCOH for its full statute of repose liability period. Read the court decision
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    Reprinted courtesy of Jeremiah M. Welch, Saxe Doernberger & Vita
    Mr. Welch may be contacted at

    Injured Subcontractor Employee Asserts Premise Liability Claim Against General Contractor

    March 22, 2021 —
    In an interesting opinion, an injured employee of an electrical subcontractor sued the general contractor of a parking garage project under a premise liability theory after being injured when stepping on an uncovered floor drain at the project site. There is no discussion in the opinion as to workers compensation immunity. Rather, the discussion centers on the injured employee’s premise liability claim as to whether the general contractor “breached its duty to maintain the premises in a reasonably safe condition by leaving the drain uncovered and failing to warn of the danger of the uncovered drain.” Pratus v. Marzucco’s Construction & Coatings, Inc., 46 Fla.L.Weekly D186a (Fla. 2d DCA 2021) The trial court granted summary judgment in favor of the general contractor finding that the drain was open and obvious on the site. The Second District Court of Appeal reversed the summary judgment with a discussion as to premise liability claims, particularly as it pertains to a business invitee, which is what the injured employee of the electrical subcontractor was. Read the court decision
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    Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
    Mr. Adelstein may be contacted at

    Replacing Coal Plants with Renewables Is Cheaper 80% of the Time

    May 31, 2021 —
    About 80% of U.S. coal plants are now more expensive to keep running than to swap out for new wind and solar capacity, according to a report from Energy Innovation, a non-partisan climate and energy think tank. While renewables cost more than fossil energy for much of the last century, prices for new wind and solar have dropped so quickly in recent years that they were already cheaper than new coal. This report shows that the price differential holds true for a growing amount of existing coal, as well. “This is becoming true for more and more plants moving forward—and at an accelerating pace,” said Eric Gimon, a senior fellow with Energy Innovation and a co-author of the report. Coal has been steadily declining as a fixture of the U.S. energy mix for more than a decade due to combined pressure from activists and market forces. The Sierra Club, which runs the Beyond Coal campaign aimed at eliminating coal power in the U.S., says that 339 plants have either been retired or are on their way to retirement since 2010, leaving just 191 still operating indefinitely. (Michael R. Bloomberg, the founder and majority owner of Bloomberg LP, the parent company of Bloomberg News, has committed $500 million to launch Beyond Carbon, a campaign aimed at closing the remaining coal-powered plants in the U.S. by 2030 and slowing the construction of new gas plants.) Read the court decision
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    Reprinted courtesy of Leslie Kaufman, Bloomberg

    Don’t Believe Everything You Hear: Liability of Asbestos Pipe Manufacturer Upheld Despite Exculpatory Testimony of Plaintiff

    May 24, 2021 —
    In the next case, Morgan v. J-M Manufacturing Company, Inc. 60 Cal.App.5th 1078 (2021), the 2nd District Court of Appeal upheld a $7 million personal injury verdict against an asbestos-cement pipe manufacturer despite exculpatory testimony from the plaintiff, holding that the testimony was an issue of witness credibility rather than sufficiency of the evidence, and holding that the trial court’s denial of a jury instruction requested by the pipe manufacturer was appropriate because, while the requested jury instruction was a recitation of undisputed facts, the purpose of jury instructions is to recite the law rather than facts, even undisputed ones. The Morgan Case Norris Morgan was exposed to asbestos at construction sites where he worked in the 1970s and 80s. After he was diagnosed with mesothelioma in December 2017, Morgan and his wife sued a number of defendants, including J-M Manufacturing for personal injuries and loss of consortium. Read the court decision
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    Reprinted courtesy of Garret Murai, Nomos LLP
    Mr. Murai may be contacted at

    Defining Constructive Acceleration

    March 22, 2021 —
    When it comes to the definition of “constructive acceleration,” the case of Fraser Const. Co. v. U.S., 384 F.3d 1354 (Fed.Cir. 2004) is a cited case and contains an instructive definition, quoted below, for proving a constructive acceleration claim. In a nutshell, a constructive acceleration claim is when the contractor incurs added costs for trying to complete the contract on time when it should be provided extensions of time to perform based on excusable delay (i.e., delay not caused by the contractor). These added costs could be bringing in additional supervision to manage the work, adding manpower to perform the work, working overtime, working weekends, adding more shift work, stacking trades, etc. However, just because a contractor claims they have been constructively accelerated does not make it so. The contractor has to actually ask for an extension of time based on an excusable delay and the owner either denied the extension or unreasonably sat on the request for an extension of time; thus, the contractor incurred significant costs to accelerate in order to finish the project on time because it was deprived of a requested time extension for excusable delay. Read the court decision
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    Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
    Mr. Adelstein may be contacted at

    Legal Risks of Green Building

    March 22, 2021 —
    All construction projects involve elements of legal risk. Insurance and indemnity claims, delay claims and professional negligence claims are simply accepted risks when involved in construction. Green building projects are no exception to this rule, and often involve unique issues that are not present in typical construction projects. Green building projects commonly employ new or untested construction materials, require construction methods that lack significant track records, and ultimate building performance often fails to meet design expectations. As such, green building projects may give rise to entirely new types of legal risk that should be considered and allocated early in the process. In the past 15 years, the number of buildings for which green certifications have been sought has grown exponentially, and the growth rate of green building and sustainable construction has far outpaced the growth rate of the construction industry as a whole. As green building projects become increasingly common (and often increasingly required by the federal, as well as state and local governments), the unique legal risks presented by green building projects take on an increase importance. Reprinted courtesy of Mark D. Shifton, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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    Reprinted courtesy of
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    Structural Health Check-Ups Needed but Are Too Infrequent

    August 16, 2021 —
    Knowing when a building is structurally deteriorating, and actually doing something about it can be very different things, as the collapse in Surfside, Fla., has shown this month. And while onsite visual inspections are still the common kind of structural assessment, other methods can assess the health of a building or piece of infrastructure and determine its soundness (see p. 69). Reprinted courtesy of Jeff Rubenstone, Engineering News-Record Mr. Rubenstone may be contacted at Read the full story... Read the court decision
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    Reprinted courtesy of