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    Palmer, 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 Palmer Alaska

    Commercial and Residential Contractors License Required

    Construction Expert Witness Contractors Building Industry
    Association Directory
    Mat-Su Home Builders Association
    Local # 0230
    Wasilla, AK 99654

    Palmer Alaska Construction Expert Witness 10/ 10

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

    Palmer Alaska Construction Expert Witness 10/ 10

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

    Palmer Alaska Construction Expert Witness 10/ 10

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

    Palmer Alaska Construction Expert Witness 10/ 10

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

    Palmer Alaska Construction Expert Witness 10/ 10

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

    Palmer Alaska Construction Expert Witness 10/ 10

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

    Palmer Alaska Construction Expert Witness 10/ 10

    Construction Expert Witness News and Information
    For Palmer Alaska

    EPC Contractors Procuring from Foreign Companies need to Reconsider their Contracts

    Quick Note: Don’t Forget To Serve The Contractor Final Payment Affidavit

    Umbrella Policy Must Drop Down to Assist with Defense

    Dreyer v. Am. Natl. Prop. & Cas. Co. Or: Do Not Enter into Nunn-Agreements for Injuries that Occurred After Expiration of the Subject Insurance Policy

    Notice of Claim Sufficient to Invoke Coverage

    Construction Company Head Pleads Guilty to Insurance and Tax Fraud

    #11 CDJ Topic: Cortez Blu Community Association, Inc. v. K. Hovnanian at Cortez Hill, LLC, et al.

    Missouri Construction Company Sues Carpenter Union for Threatening Behavior

    California Posts Nation’s Largest Gain in Construction Jobs

    American Council of Engineering Companies of California Selects New Director

    Netherlands’ Developer Presents Modular Homes for Young Professionals

    Haight Proudly Supports JDC's 11th Annual Bike-A-Thon Benefitting Pro Bono Legal Services

    DIR Reminds Public Works Contractors to Renew Registrations Before January 1, 2016 to Avoid Hefty Penalty

    Hawaii Federal District Court Rejects Bad Faith Claim

    Settlement Ends Construction Defect Lawsuit for School

    It Has Started: Supply-Chain, Warehouse and Retail Workers of Essential Businesses Are Filing Suit

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    Patriarch Partners Decision Confirms Government Subpoenas May Constitute a “Claim” Under D&O Policy; Warns Policyholders to Think Broadly When Representing Facts and Circumstances to Insurers

    Can’t Get a Written Change Order? Document, Document, Document

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    Unit Owners Have No Standing to Sue under Condominium Association’s Policy

    Conn. Appellate Court Overturns Jury Verdict, Holding Plaintiff’s Sole Remedy for Injuries Arising From Open Manhole Was State’s Highway Defect Statute

    Haight has been named a Metropolitan Los Angeles Tier 1 “Best Law Firm” in four practice areas and Tier 2 in one practice area by U.S. News – Best Lawyers® “Best Law Firms” in 2021

    Design Professional Liens: A Blueprint

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    What Are The Most Commonly Claimed Issues In Construction Defect Litigation?

    Federal Court Ruling Bolsters the “Your Work” Exclusion in Standard CGL Policies

    Traub Lieberman Attorneys Burks Smith and Katie Keller Win Daubert Motion Excluding Plaintiff’s Expert’s Testimony in the Middle District of Florida

    High-Rise Condominium Construction Design Defects, A Maryland Construction Lawyer’s Perspective

    Congratulations to Haight’s 2019 Northern California Super Lawyers

    Patrick Haggerty Promoted to Counsel

    New California Construction Law for 2019

    Texas Supreme Court Holds that Invoking Appraisal Provision and Paying Appraisal Amount Does Not Insulate an Insurer from Damages Under the Texas Prompt Payment of Claims Act

    General Contractor’s Ability to Supplement Subcontractor Per Subcontract

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    FAA Seeks Largest Fine Yet on Drones in Near-Miss Crackdown

    Don MacGregor To Speak at 2011 West Coast Casualty Construction Defect Seminar

    Crumbling Roadways Add Costs to Economy, White House Says

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    Federal Judge Dismisses Insurance Coverage Lawsuit In Construction Defect Case

    Supreme Court Overrules Longstanding Decision Supporting Collection of Union Agency Fees
    Corporate Profile


    The Palmer, Alaska Construction Expert Witness Group at BHA, leverages from the experience gained through more than 7,000 construction related expert witness designations encompassing a wide spectrum of construction related disputes. Drawing from this considerable body of experience, BHA provides construction related trial support and expert services to Palmer's most recognized construction litigation practitioners, commercial general liability carriers, owners, construction practice groups, as well as a variety of state and local government agencies.

    Construction Expert Witness News & Info
    Palmer, Alaska

    Presidential Executive Order 14008: The Climate Crisis Order

    August 16, 2021 —
    Presidential Executive Order 14008, “Tackling the Climate Crisis,” a long and unusually detailed Executive Order published in the Federal Register on February 1, 2021 (see 86 FR 7619), has generated considerable discussion and commentary. Below, I briefly outline its provisions. This EO describes the “climate crisis” in existential terms:
    “There is little time left to avoid setting the world on a dangerous, potentially catastrophic climate trajectory.” Confronting and combating climate change will be an important component of American foreign policy and national security, and domestically, the federal government’s resources will be mobilized to deploy a “govern-wide approach to the climate crisis.”
    Read the full story...
    Reprinted courtesy of Anthony B. Cavender, Pillsbury
    Mr. Cavender may be contacted at

    What Is the Best Way to Avoid Rezoning Disputes?

    August 30, 2021 —
    Construction companies and developers are accelerating projects in the southeast and throughout the country as the economy rebounds from the worst of the COVID-19 pandemic. Whether they are building commercial, industrial or residential projects, these developments often require rezoning to maximize an investment. But rezoning disputes can add significant delays and costs to a project and can even defeat the project altogether. There are proactive steps construction companies can take to avoid disputes as they are working to secure rezoning approval, as well after the rezoning is complete. During the initial rezoning process, before a final municipal decision, one of the best practices is to anticipate opposition and address it head-on. As for post-approval disputes, those often come down to how carefully a company followed the local procedures and, where applicable, the local evidentiary requirements. Reprinted courtesy of Collier Marsh, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...
    Mr. Marsh may be contacted at

    New York Court Rejects Owner’s Bid for Additional Insured Coverage

    September 06, 2021 —
    Tenders for additional insured coverage in construction accidents are frequently litigated in New York courts. Although the past few years have seen changes in the law regarding the causal nexus between the named insured’s work and coverage for the purported additional insured, courts often find there is at least a duty to defend the additional insured where there are allegations of the employer/subcontractor’s presence at the site. An exception is the recent decision in Gemini Insurance Company v. Certain Underwriters at Lloyd’s, London, Index No. 652669/20 in the Supreme Court of the State of New York, County of New York (Lebovits, J.). In that case, Gemini insured the owner and general contractor of a construction project, and Lloyd’s insured the injured claimant’s employer under a policy endorsed to provide additional insured coverage to entities who “have agreed in writing in a contract or agreement” with the named insured that they must be “added as additional insured.” Although the court found that the contracts here satisfied this requirement for additional insured coverage, the court’s analysis did not end there. Noting that even where such contract exists, the Lloyd’s policy would not provide additional insured coverage “in all circumstances” (emphasis in original), the court next considered whether the underlying injury was “caused in whole or in part by: 1. [The named insured’s] acts or omissions, or 2. The acts or omissions of those acting on [the named insured’s] behalf,” as required under the endorsement’s wording. Read the full story...
    Reprinted courtesy of Eric D. Suben, Traub Lieberman
    Mr. Suben may be contacted at

    Register and Watch Partner John Toohey Present on the CLM Webinar Series!

    October 11, 2021 —
    Bremer Whyte Brown & O’Meara is proud to announce that Partner John Toohey was invited to speak on a panel for the CLM Webinar Series alongside Attorney Rembold Hirschman, and Senior Claims Examiner Brett Reuter. John and his industry peers recently presented on the topic Handling Construction Defect Cases in Arbitration: The Good and the Bad. About the webinar: Unfortunately, many construction projects end in dispute and the parties frequently find themselves in the middle of uncharted territory – arbitration! Subscribe and watch as they explore the pitfalls, debunk the myths, and discuss the benefits of arbitration in construction disputes. About John Toohey: John H. Toohey is a Partner for Bremer Whyte Brown & O’Meara, LLP. Mr. Toohey is an A.V. Preeminent rated attorney with a practice focused on contract negotiation and litigation, complex product liability, and construction. He has successfully represented hundreds of clients in alternative dispute resolution and trial, including multiple cases to jury verdict. Read the full story...
    Reprinted courtesy of Dolores Montoya, Bremer Whyte Brown & O'Meara LLP

    New York Climate Mobilization Act Update: Reducing Carbon Emissions and Funding Solutions

    August 30, 2021 —
    In our June 16 CMA Update, we discussed how the New York City Climate Mobilization Act (CMA) will affect building owners and the market for CMBS mortgage loans (loans pooled and resold as commercial mortgage-backed securities). (For more information on C-PACE financing, see Sustainable Buildings and Development: Carbon Emissions and the Recent Climate Mobilization Act of New York City.) In this update, we will outline some of the funding solutions that are available to New York City building owners looking to retrofit their buildings in order to comply with the CMA’s requirements. Funding Solutions for Covered Building Owners The cost of retrofitting buildings to incorporate energy efficient features and to achieve compliance with the CMA can be daunting. Read the full story...
    Reprinted courtesy of Caroline A. Harcourt, Pillsbury
    Ms. Harcourt may be contacted at

    Asserting Non-Disclosure Claim Involving Residential Real Property and Whether Facts Are “Readily Observable”

    September 29, 2021 —
    Under Florida law, there is a claim dealing with the purchase and sale of residential real property known as a Johnson v. Davis or a non-disclosure claim: “[W]here the seller of a home knows of facts materially affecting the value of the property which are not readily observable and are not known to the buyer, the seller is under a duty to disclose them to the buyer.” Lorber v. Passick, 46 Fla.L.Weekly D1952a (Fla. 4th DCA 2021). A seller’s duty to disclose extends to a seller’s real estate agent/broker. Id. A non-disclosure claim is asserted by the buyer of residential real property when the buyer discovers defects or damages with the real property that he believes materially affects the value of the property. While there may be the sentiment these are easy claims to prove, they are not. Remember, a non-disclosure claim deals with facts that materially affect the value of residential real property and are NOT readily observable. The use of the language “readily observable” has been found to mean:
    “[I]nformation [that] is within the diligent attention of any buyer. To exercise diligent attention…a buyer would be required to investigate any information furnished by the seller that a reasonable person in the buyer’s position would investigate and take reasonable steps to ascertain the material facts relating to the property and to discovery them—if, of course, they are reasonably ascertainable.”
    Read the full story...
    Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
    Mr. Adelstein may be contacted at

    Construction Industry Outlook: Building a Better Tomorrow

    July 25, 2021 —
    COVID-19 plunged the business world into one of the most challenging times not seen since the Great Depression. The construction industry, deemed an essential business, had to quickly innovate to find new ways of working to weather this storm. Several of these seemingly temporary solutions have spawned positive trends that are here to stay. Not Just Green, But Healthy Too The safety culture that exists on today’s jobsites helped contractors stay productive through the pandemic. However, because of the pandemic, project owners and construction firms are evaluating their sites from a new perspective. In a recent meeting, the construction head for a healthcare system stated he knows a safe jobsite but doesn’t know what he doesn’t know about a healthy site. Reprinted courtesy of Michael Alberico, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...
    Mr. Alberico may be contacted at

    Trade Contract Revisions to Address COVID-19

    August 23, 2021 —
    Many trade contracts contain a clause that may protect trade contractors from catastrophic events like pandemics. These clauses are known as force-majeure clauses (covering acts of God). They basically say if these unavoidable events happen, the contractor is relieved of its obligations to the extent of the impact. However, many common industry forms have not been updated to specifically address COVID-19. (They may be waiting to see how the courts treat their existing language first.) So to ensure impacts from COVID-19 are covered, a trade contractor should consider expressly adding it to the force-majeure clause. See the example below. Notably, typical force-majeure clauses do not say the trade contractor gets more money. So an escalation clause could be added to the force-majeure clause. Read the full story...
    Reprinted courtesy of David R. Cook, Autry, Hall & Cook, LLP
    Mr. Cook may be contacted at