BERT HOWE
  • Nationwide: (800) 482-1822    
    office building expert witness Kenai Alaska structural steel construction expert witness Kenai Alaska industrial building expert witness Kenai Alaska mid-rise construction expert witness Kenai Alaska multi family housing expert witness Kenai Alaska townhome construction expert witness Kenai Alaska parking structure expert witness Kenai Alaska hospital construction expert witness Kenai Alaska institutional building expert witness Kenai Alaska retail construction expert witness Kenai Alaska condominiums expert witness Kenai Alaska Medical building expert witness Kenai Alaska housing expert witness Kenai Alaska casino resort expert witness Kenai Alaska landscaping construction expert witness Kenai Alaska custom home expert witness Kenai Alaska condominium expert witness Kenai Alaska production housing expert witness Kenai Alaska concrete tilt-up expert witness Kenai Alaska tract home expert witness Kenai Alaska high-rise construction expert witness Kenai Alaska Subterranean parking expert witness Kenai Alaska
    Kenai Alaska construction expert witness consultantKenai Alaska construction safety expertKenai Alaska construction expert witnessKenai Alaska construction expert testimonyKenai Alaska construction scheduling expert witnessKenai Alaska construction defect expert witnessKenai Alaska construction claims expert witness
    Arrange No Cost Consultation
    Construction Expert Witness Builders Information
    Kenai, 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 Kenai Alaska

    Commercial and Residential Contractors License Required


    Construction Expert Witness Contractors Building Industry
    Association Directory
    Kenai Peninsula Builders Association
    Local # 0233
    PO Box 1753
    Kenai, AK 99611

    Kenai Alaska Construction Expert Witness 10/ 10

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

    Kenai Alaska Construction Expert Witness 10/ 10

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

    Kenai Alaska Construction Expert Witness 10/ 10

    Mat-Su Home Builders Association
    Local # 0230
    609 S KNIK GOOSE BAY RD STE G
    Wasilla, AK 99654

    Kenai Alaska Construction Expert Witness 10/ 10

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

    Kenai Alaska Construction Expert Witness 10/ 10

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

    Kenai Alaska Construction Expert Witness 10/ 10

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

    Kenai Alaska Construction Expert Witness 10/ 10


    Construction Expert Witness News and Information
    For Kenai Alaska


    Don’t Sign a Contract that Doesn’t Address Covid-19 (Or Pandemics and Epidemics)

    Quick Note: Independent Third-Party Spoliation Of Evidence Claim

    How the Cumulative Impact Theory has been Defined

    Does Stricter Decertification Mean More “Leedigation?”

    There's No Place Like Home

    Partner Bradley T. Guldalian Secures Summary Judgment Win for National Hotel Chain

    Court Upholds Denial of Collapse Coverage Where Building Still Stands

    Court Concludes That COVID-19 Losses Can Qualify as “Direct Physical Loss”

    U.K. Broadens Crackdown on Archaic Property Leasehold System

    California’s One-Action Rule May Apply to Federal Lenders

    BIOHM Seeks to Turn Plastic Waste into Insulation Material with Mushrooms

    Court Addresses HOA Attempt to Restrict Short Term Rentals

    Homebuilder Immunity Act Dies in Committee. What's Next?

    Burden Supporting Termination for Default

    Remote Depositions in the Post-Covid-19 World

    When Your “Private” Project Suddenly Turns into a “Public” Project. Hint: It Doesn’t Necessary Turn on Public Financing or Construction

    Mortgagors Seek Coverage Under Mortgagee's Policy

    Sales of New Homes in U.S. Increased 5.4% in July to 507,000

    Insurer Defends Denial in Property Coverage Dispute Involving Marijuana Growing Operations

    Clearly Determining in Contract Who Determines Arbitrability of Dispute

    Prevailing HOAs Not Entitled to Attorneys’ Fees in Enforcement Actions Brought Under Davis-Stirling

    Economist Predicts Housing Starts to Rise in 2014

    Design and Construction Defects Not a Breach of Contract

    Settlement Agreement? It Ain’t Over ‘Til it’s . . . Final, in Writing, Fully Executed, and Admissible

    Indemnity Provision Prevails Over "Other Insurance" Clause

    Options When there is a Construction Lien on Your Property

    Complying With Data Breach Regulations in the Construction Industry

    What to Expect From the New Self-Retracting Devices Standard

    Drones Used Despite Uncertain Legal Consequences

    EPA Coal Ash Cleanup Rule Changes Send Utilities, Agencies Back to Drawing Board

    No Friday Night Lights at $60 Million Texas Stadium: Muni Credit

    Las Vegas, Back From the Bust, Revives Dead Projects

    Tick Tock: Don’t Let the Statute of Repose or Limitations Time Periods Run on Your Construction Claims

    OIRA Best Practices for Administrative Enforcement and Adjudicative Actions

    US Appeals Court Slams FERC on Long-Muddled State Environmental Permits

    Breach of a Construction Contract & An Equitable Remedy?

    Beam Fracture on Closed Mississippi River Bridge Is at Least Two Years Old

    10 Year Anniversary – Congratulations Greg Podolak

    Who Will Pay for San Francisco's $750 Million Tilting Tower?

    Bill to Include Coverage for Faulty Workmanship Introduced in New Jersey

    Triple Points to the English Court of Appeal for Clarifying the Law on LDs

    Pollution Exclusion Prevents Coverage for Injury Caused by Insulation

    Insurer Rejecting Construction Defect Claim Must Share in Defense Costs

    No Coverage for Faulty Workmanship Based Upon Exclusion for Contractual Assumption of Liability

    Safety Guidance for the Prevention of the Coronavirus on Construction Sites

    You Are Not A “Liar” Simply Because You Amend Your Complaint

    Congress Considers Pandemic Risk Insurance Act to Address COVID-19 Business Interruptions Losses

    Legislative Update: Bid Protest Law Changes to Benefit Contractors

    Balfour Taps Qinetiq’s Quinn as new CEO to Revamp Builder

    Sixth Circuit Affirms Liability Insurer's Broad Duty to Defend and Binds Insurer to Judgment Against Landlord
    Corporate Profile

    KENAI ALASKA CONSTRUCTION EXPERT WITNESS
    DIRECTORY AND CAPABILITIES

    The Kenai, Alaska 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
    Kenai, Alaska

    A Lawyer's Perspective on Current Issues Dominating the Construction Industry

    March 28, 2022 —
    Some of the hot topics dominating the construction industry today include the impacts of COVID-19, government testing and vaccine mandates, cyber security, and the evolving role of general counsel. This article provides a summary review of those topics. a. The Economic Impact of COVID-19 for Project Owners Project owners have been placed in a precarious position because courts across the country have almost unanimously ruled that insurance carriers are not liable for COVID-19-related business income losses.1 While project owners have sought alternative ways to mitigate losses resulting from COVID-19, many of these efforts have been negated by the exponential increase in materials costs.2 Thus, it remains unclear what, if any, solutions project owners have at their disposal. Read the full story...
    Reprinted courtesy of Melanie A. McDonald, Saxe Doernberger & Vita
    Ms. McDonald may be contacted at MMcDonald@sdvlaw.com

    Appraisal Ordered After Carrier Finds Loss Even if Cause Disputed

    April 04, 2022 —
    The court ordered an appraisal when the parties differed on the amount of loss to the dwelling even when the carrier contended the dispute was over the cause of the loss. Khaleel v Amguard Ins. Co., No. 21 C 992, Memorandum Opinion and Order (N.D. Ill. Feb. 11, 2022). The order is here. Plaintiffs home was damaged by wind and hail. A claim was submitted to Amguard for damage to the roof. Amguard found there was hail damage to the soft metal vents on the roof and estimated repair costs to be $3,815.16. Amguard found no damage to the roof itself. Plaintiffs contended there was additional damage to the roof. Plaintiffs demanded an appraisal. Amguard rejected the appraisal demand, claiming that the damage to the roof was due to wear and tear, and therefore constituted an excluded cause under the Policy. Plaintiff filed suit. After Amguard answered, plaintiffs moved for judgment on the pleadings. Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    Real Estate & Construction News Round-Up 01/26/22

    February 07, 2022 —
    The future of traditional real estate skills for virtual land buys is questioned, China’s property sector might experience policy easing, U.S. commercial real estate sales set records in 2021, and more.
    • As the platforms and business case for virtual land buys mature, the future of traditional real estate skills remains unclear when it comes to managing virtual ownership and development. (Patrick Sisson, Bisnow)
    • China’s real estate sector is likely to see “significant easing” in the policies that govern it after stricter financing rules for property development set in 2020 were met with debt, causing a contraction in the market. (Reuters)
    Read the full story...
    Reprinted courtesy of Pillsbury's Construction & Real Estate Law Team

    The Colorado Supreme Court affirms Woodbridge II’s “Adverse Use” Distinction

    December 20, 2021 —
    Last year, I posted regarding the Colorado Court of Appeals’ decision in Woodbridge II, which concluded that the “adverse use” element for prescriptive easement claims only requires the claimant to “show a nonpermissive or otherwise unauthorized use of property that interfered with the owner’s property interests.” Viento Blanco, LLC, 2020 COA 34 (Woodbridge II), ¶ 2. Thus, Woodbridge II concluded, the claimants acknowledgement or recognition of an owner’s title alone is insufficient to defeat “adverse use” in the prescriptive easement context. Id. That decision was up for review by the Colorado Supreme Court at the time of my prior post. It has now been affirmed, thereby settling an arguable appellate decision split created by Woodbridge II. See Lo Viento Blanco, LLC v. Woodbridge Condo. Ass’n, Inc., 2021 CO 56 (“Woodbridge”). “Like the division below, and for much the same reasons,” the Colorado Supreme Court affirmed in Woodbridge “that under Colorado law, a claimant’s acknowledgement or recognition of the owner’s title during the claimant’s asserted prescriptive period does not interrupt the prescriptive use or undermine the claimant’s adverse use.” Woodbridge, ¶ 2. Writing for a unanimous court, Justice Gabriel’s opinion agreed with the Court of Appeals’ reasoning “that although Woodbridge recognized that it did not hold title, no evidence indicated that it had acted in subordination to the owner’s title.” Id. ¶ at 13. The Court further agreed with Woodbridge II’srejection of Lo Viento’s “permissive use” argument because “the permission offered … was conditional and Woodbridge never agreed to any of the conditions set forth therein.” Id. On that basis, Woodbridge confirmed that “a claimant seeking to establish a prescriptive easement need not show that it asserted exclusive ownership of the property during the prescriptive period,” but only “that its use was without permission or otherwise unauthorized and that it interfered with the owner’s property interests.” Id. at ¶ 23. Read the full story...
    Reprinted courtesy of Luke Mecklenburg, Snell & Wilmer
    Mr. Mecklenburg may be contacted at lmecklenburg@swlaw.com

    Know Whether Your Course of Business Operations Are Covered Or Excluded By Your Insurance

    December 27, 2021 —
    It is a good idea to know what your insurance covers and does not cover. This way, if your course of business has you performing a certain (risky) operation, you know whether that operation is covered or excluded under your policy. If you are not sure, discuss with your insurance broker — this is important. There is little value performing an operation that is NOT covered by your insurance policy, as you are now performing a risk that is not covered by insurance. If you know it is not covered by insurance you may elect to change your operations or see if there is insurance to cover the risk. Below is a case study of this occurrence dealing with a commercial automobile liability policy where an insured’s operations using a crane mounted to a super duty truck was not covered under their automobile liability policy. In People’s Trust Ins. Co. v. Progressive Express Ins. Co., 46 Fla. L. Weekly D262a (Fla. 3d DCA 2021), homeowners hired a company to install a shed. The company hired another company to deliver and install the shed using a crane; the company used a crane mounted to a Ford F-750 super duty truck. This company improperly operated the crane resulting in the shed falling and damaging the homeowner’s roof. The homeowners submitted a claim to their property insurer and their property insurer subrogated to their rights and sued. The company operating the crane’s commercial automobile liability insurer denied coverage, and thus, denied the duty to defend. As a result, a Coblentz-type agreement was entered into where the company operating the crane consented to a judgment in favor of the property insurer (subrogee) and assigned its rights under its commercial automobile liability policy to the property insurer. The property insurer then sued the automobile liability carrier for coverage. The trial court granted summary judgment in favor of the automobile liability insurer finding there was no coverage and this was affirmed on appeal. Why? Read the full story...
    Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
    Mr. Adelstein may be contacted at dma@kirwinnorris.com

    Dot I’s and Cross T’s When It Comes to Construction Licensure Requirements

    February 21, 2022 —
    It should serve as no surprise that making sure you are appropriately licensed is important. This includes complying with any state requirement that requires licensure, as well as complying with any local licensure requirement. Not doing so can result in the dispute centered on the lack of licensure, as opposed to leading facts relating to the substance of the dispute. In other words, you are dealing with a technicality that could have harsh implications. This lack of licensure issue recently played out in a dispute with a contractor and subcontractor in ABA Interior, Inc. v. The Owen Corp., 2022 WL 386103 (Fla. 4th DCA 2022), dealing with a local licensure requirement. In this case, a subcontractor was hired by the general contractor for a commercial project in Palm Beach County. The subcontract contained the standard provision that the subcontractor would comply with all federal, state, and local laws and ordinances. Read the full story...
    Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
    Mr. Adelstein may be contacted at dma@kirwinnorris.com

    Candis Jones Named to Atlanta Magazine’s 2022 “Atlanta 500” List

    February 14, 2022 —
    Atlanta, Ga. (February 11, 2022) - Atlanta Partner Candis R. Jones has been named to Atlanta Magazine’s 2022 “Atlanta 500” list of the most powerful business leaders in Atlanta. This is the second year in a row she has received this recognition. To compile this list, the publication reviewed nominations from the public and consulted experts across various sectors. The magazine’s editors and writers considered not only the status of the nominees within their respective organizations, but also whether the nominees were visionary by, for example, leading programs for their communities or creating opportunities for employees. Read the full story...
    Reprinted courtesy of Candis Jones, Lewis Brisbois
    Ms. Jones may be contacted at Candis.Jones@lewisbrisbois.com

    One More Statutory Tweak of Interest to VA Construction Pros

    April 25, 2022 —
    While I have focused on the recent “pay if paid” legislation in recent posts, the Virginia General Assembly has taken other action that is of interest to those of us that represent construction professionals in Virginia. One such action is yet another tweak to the so-called “wage theft” statute that essentially made a general contractor the guarantor of all wage payments of its downstream construction partners. The first of the tweaks to the statute passed in 2020 was to create a defense for a general contractor if it obtained a written certification of wage payment from its immediate downstream subcontractor. This year, the General Assembly expanded the protection provided by such certification to all subcontractors. In other words, any contractor or subcontractor can now protect itself from wage theft claims by the use of a certification that all wages were paid from its immediate downstream partner. The text of the changes can be found here. [note that the Governor has sent suggested grammatical amendments that did not affect the substance] Read the full story...
    Reprinted courtesy of The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at chrisghill@constructionlawva.com