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    Grayling, 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 Grayling 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

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

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

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

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

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

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

    Construction Expert Witness News and Information
    For Grayling Alaska

    Tenth Circuit Finds Appraisal Can Decide Causation of Loss Under Colorado Law

    Buyer's Demolishing of Insured's Home Not Barred by Faulty Construction Exclusion

    Documentation Important for Defending Construction Defect Claims

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

    Weslaco, Texas Investigating Possible Fraudulent Contractor Invoices

    Texas School District Accepts Settlement Agreement in Construction Defect Case

    Coverage Doomed for Failing Obtain Insurer's Consent for Settlement

    MDL for Claims Against Manufacturers and Distributors of PFAS-Containing AFFFs Focuses Attention on Key Issues

    West Coast Casualty’s Construction Defect Seminar Returns to Anaheim May 15th & 16th

    Battle of “Other Insurance” Clauses

    Is the Obsession With Recordable Injury Rates a Deadly Safety Distraction?

    Chattanooga Bridge Collapse Likely Resulted From Impact

    Improperly Installed Flanges Are Impaired Property

    Conditional Judgment On Replacement Costs Awarded

    Insurer’s Consent Not Needed for Settlement

    Factor the Factor in Factoring

    Construction Law Alert: Concrete Supplier Botches Concrete Mix, Gets Thrashed By Court of Appeal for Trying to Blame Third Party

    VOSH Jumps Into the Employee Misclassification Pool

    Monitoring Building Moisture with RFID – Interview with Jarmo Tuppurainen

    “Bee” Careful: Unique Considerations When Negotiating a Bee Storage Lease Agreement

    The Golden State Commits to Going Green – Why Contractors Will be in High Demand to Build the State’s Infrastructure

    Nebraska’s Prompt Pay Act for 2015

    Newmeyer & Dillion Ranked Fourth Among Medium Sized Companies in 2016 OCBJ Best Places to Work List

    Colorado Senate Bill 13-052: The “Transit-Oriented Development Claims Act of 2013.”

    Back to Basics: What is a Changes Clause?

    Naughty or Nice. Contractor Receives Two Lumps of Coal in Administrative Dispute

    EPA Threatens Cut in California's Federal Highway Funds

    Alleged Serious Defects at Hanford Nuclear Waste Treatment Plant

    Kumagai Drops Most in 4 Months on Building Defect: Tokyo Mover

    Buy Clean California Act Takes Effect on July 1, 2022

    Investigators Eye Fiber Optic Work in Deadly Wisconsin Explosion

    How is Negotiating a Construction Contract Like Buying a Car?

    2011 Worst Year Ever for Home Sales

    Supply Chain Delay Recommendations

    KF-103 v. American Family Mutual Insurance: Tenth Circuit Upholds the “Complaint Rule”

    Don’t Kick the Claim Until the End of the Project: Timely Give Notice and Preserve Your Claims on Construction Projects

    $24 Million Verdict Against Material Supplier Overturned Where Plaintiff Failed to Prove Supplier’s Negligence or Breach of Contract Caused an SB800 Violation

    Be Aware of Two New Statutes that Became Effective May 1, 2021

    Gen Xers Choose to Rent rather than Buy

    The Regulations on the Trump Administration's Chopping Block

    Second Circuit Upholds Constitutionality of NY’s Zero Emissions Credit Program

    Lessons from the Sept. 19 Mexico Earthquake

    Judge Tells DOL to Cork its Pistol as New Overtime Rule is Blocked

    First Circuit Rules Excess Insurer Must Provide Coverage for Fuel Spill

    Construction Attorneys Tell DBR that Business is on the Rise

    Used French Fry Oil Fuels London Offices as Buildings Go Green

    Agree to Use your “Professional Best"? You may Lose Insurance Coverage! (Law Note)

    Future Environmental Rulemaking Proceedings Listed in the Spring 2019 Unified Federal Agenda

    Insurer Not Required to Show Prejudice from an Insured’s Late Notice When the Parties Contract for a Specific Reporting Period

    Serving the 558 Notice of Construction Defect Letter in Light of the Statute of Repose
    Corporate Profile


    Drawing from more than four thousand building and construction related expert designations, the Grayling, Alaska Construction Expert Directory delivers a comprehensive construction and design expert support solution to construction claims professionals concerned with construction defect and claims litigation. BHA provides building claims investigation and expert services to the building industry's most recognizable companies, insurers, risk managers, and a variety of municipalities. Utilizing captive assets which comprise registered architects, professional engineers, licensed general and specialty contractors, the organization brings national experience and local capabilities to Grayling and the surrounding areas.

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    Construction Expert Witness News & Info
    Grayling, Alaska

    Mega-Consulate Ties U.S. to Convicted Billionaire in Nigeria

    May 30, 2022 —
    On March 31, billionaire Gilbert Chagoury stood atop the plot of land he’d dredged from the sea around Lagos, beaming in the sweltering heat alongside U.S. Consul-General to Nigeria Claire Pierangelo, as they broke ground for America’s largest consulate in the world. As a cool spring rain fell on Washington that day, Republican Congressman Jeff Fortenberry, of Nebraska, resigned from the House of Representatives after a conviction announced a week earlier. His crime: lying to the Federal Bureau of Investigation about illegal campaign contributions he’d received from Chagoury. The pageantry in Lagos obscured the uncomfortable fact that by placing its $537 million consulate on Chagoury’s Eko Atlantic development, the U.S. government was becoming the anchor tenant for a project run by a man who was once convicted of laundering money for a Nigerian dictator and who’s admitted to making illegal campaign contributions in the U.S. Ethics groups and Nigeria experts aren’t pleased with the choice. Reprinted courtesy of Neil Munshi, Bloomberg and William Clowes, Bloomberg Read the full story...

    Biden Administration Issues Buy America Guidance for Federal Infrastructure Funds

    April 25, 2022 —
    As you know, late this past year Congress passed and President Biden signed the largest infrastructure bill since President Franklin D. Roosevelt’s “New Deal” in 1933. The infrastructure bill provides $1.2 trillion in spending on the nations’ infrastructure over the next five years. On Monday, the Biden Administration issued Initial Implementation Guidance requiring that, beginning May 14, 2022, materials paid for with infrastructure bill funds be made in America. The Guidance, which implements the “Buy America” provisions of the infrastructure bill requires that: 1. All iron and steel used in a project be produced in the United States; Read the full story...
    Reprinted courtesy of Garret Murai, Nomos LLP
    Mr. Murai may be contacted at

    John Boyden, Alison Kertis Named “Top Rank Attorneys” by Nevada Business Magazine

    July 25, 2022 —
    Reno, Nev. (June 16, 2022) – Reno Partner John Boyden and Associate Alison Kertis were recently named to Nevada Business Magazine's 2022 list of "Top Rank Attorneys." Formerly known as "Legal Elite," this annual list represents the top talent in the legal industry across the State of Nevada. According to Nevada Business Magazine, thousands of attorneys are nominated for the list and then scored based on the number and type of votes they receive, with votes from outside an attorney's firm receiving more weight. Finally, before being added to the list, the attorneys, and the votes they receive, go through several levels of verification and scrutiny, with each ballot individually reviewed for eligibility and every voting attorney verified with the State Bar of Nevada. The magazine has published this list for the past 15 years. Reprinted courtesy of John Boyden, Lewis Brisbois and Alison Kertis, Lewis Brisbois Mr. Boyden may be contacted at Ms. Kertis may be contacted at Read the full story...

    Texas Federal Court Delivers Another Big Win for Policyholders on CGL Coverage for Construction-Defect Claims and “Rip-and-Tear” Damages

    March 14, 2022 —
    Insurers regularly argue that commercial general liability (“CGL”) policies are not performance bonds and therefore there is no coverage for claims seeking damages for defective or faulty workmanship. Insurers also argue there is no coverage for so-called “tear-out” or “rip-and-tear” damages, where fixing property damage requires replacing defective work that has not itself been damaged. Fortunately, in a newly decided case, a Texas federal district court rejected both arguments by an insurer. Amerisure Mutual Insurance Company v. McMillin Texas Homes, LLC, No. SA-20-CV-01332-XR, 2022 WL 686727 (W.D. Tex. Mar. 8, 2022). As with most construction-defect claims, this case involved homeowner claims against a residential developer, McMillin Texas Homes (“McMillin”). After the homes were completed, homeowners complained about defects in the artificial stucco exterior finish and filed suit. McMillin tendered to its insurer, Amerisure Mutual Insurance Company (“Amerisure”). Amerisure then sued McMillin for declaratory relief, arguing that it had no duty to defend or indemnify the homeowner claims. McMillin filed a counterclaim alleging Amerisure breached its policies by refusing to defend or indemnify McMillin. Reprinted courtesy of Blake A. Dillion, Payne & Fears, Jared De Jong, Payne & Fears and Scott S. Thomas, Payne & Fears Mr. Dillion may be contacted at Mr. De Jong may be contacted at Mr. Thomas may be contacted at Read the full story...

    Flint Water Suits Against Engineers Will Go to Trial, Judge Says

    March 14, 2022 —
    A federal judge in Michigan declined on Feb. 7 to accept the contention of engineer Lockwood, Andrews and Newnam Inc. that claims against it for professional negligence in its advisory role to Flint, Mich. ahead of the city's drinking water crisis should not go to trial. The civil case, set for trial on Feb. 15, was brought on behalf of four children who say they suffered neurocognitive harm from exposure to lead in the water supply. Reprinted courtesy of James Leggate, Engineering News-Record Mr. Leggate may be contacted at Read the full story...

    Burden to Prove Exception to Exclusion Falls on Insured

    April 19, 2022 —
    In a dispute between two insurers, the Ninth Circuit relied upon Nevada law in finding that the burden of proving that an exception to the exclusion applies was on the insured. Zurich Am. Ins. Co. v. Ironshore Specialty Ins. Co., 2022 U.S. App. LEXIS 1626 (9th Cir. Jan. 20, 2022). Ironshore insured seven subcontractors. The policy included an exclusion providing there was no coverage for any property damage for the subcontractors' for "work performed prior to the policy inception." An exception to the exclusion provided that the exclusion did not apply to property damage that was "sudden and accidental and takes place within the policy period." The seven subcontractors were sued for work they had performed. Zurich defended and indemnified the subcontractors. Zurich then sued Ironshore seeking contribution and indemnification for defense and settlement costs. The parties stipulated that all construction work at issue had been completed before the inception of Ironshore's policy and that none of the complaints against the subcontractors alleged that sudden and accidental damage had occurred after the inception of Ironshore's policy. Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at

    Express Warranty Trumping Spearin’s Implied Warranty

    March 06, 2022 —
    Be mindful of that express warranty provision in your contract. It could result in an outcome that you did not consider or factor when submitting your proposal or agreeing to your contract amount. An express warranty could have the effect of eviscerating the argument that you performed your scope of work pursuant to the plans and specifications. In other words, the applicability of the Spearin doctrine could be rendered moot based on express warranty language in your contract that is fully within your control because you do not have to agree to that language. Under the Spearin doctrine:
    [W]hen a ‘contractor is bound to build according to plans and specifications prepared by the owner, the contractor will not be responsible for the consequences of defects in the plans and specification.’ Spearin and its progeny set forth a default rule of fundamental fairness that when a general contractor requires a subcontractor to follow certain plans and specifications, the general contractor impliedly warrants that those plans and specifications are ‘free from design defects.’ Put simply, Spearin protects subcontractors from liability for simply following the general contractor’s direction and requirements. However, the implied warranty set forth in Spearin and its progeny may be overcome by express agreement. Where a general contractor and subcontractor expressly agree to allocate the risk of a defective product to the subcontractor, that express agreement must prevail over Spearin’s implied warranty. Lighting Retrofit International, LLC v. Consellation NewEnergy, Inc., 2022 WL 541156 (D. Md. 2022) (internal citations omitted).
    Read the full story...
    Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
    Mr. Adelstein may be contacted at

    Fatal Boston Garage Demolition Leaves Long Road to Recovery

    April 04, 2022 —
    Massachusetts' officials are bracing for a lengthy recovery process following the March 26 fatal collapse during demolition of a section of a hulking Brutalist-era parking garage in Boston. JDC Demolition was razing the Government Center structure to make way for a 410,000-sq-ft life-sciences complex, when a multistory portion near the top failed, killing 51-year-old operating engineer Peter Monsini. Reprinted courtesy of Scott Van Voorhis, Engineering News-Record ENR may be contacted at Read the full story...