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    Grayling Alaska engineering expert witness supporting builders California fenestration expert witness construction litigation support, 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 engineering expert witness supporting builders California fenestration expert witness construction litigation support 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
    http://www.sealaskabuilders.com

    Northern Southeast Alaska Building Industry Association
    Local # 0225
    9085 Glacier Highway Ste 202
    Juneau, AK 99801
    http://www.seabia.com

    Kenai Peninsula Builders Association
    Local # 0233
    PO Box 1753
    Kenai, AK 99611
    http://www.kenaipeninsulabuilders.com

    Home Builders Association of Alaska
    Local # 0200
    8301 Schoon St Ste 200
    Anchorage, AK 99518
    http://www.buildersofalaska.com

    Home Builders Association of Anchorage
    Local # 0215
    8301 Schoon St Ste 200
    Anchorage, AK 99518
    http://www.buildersofalaska.com

    Mat-Su Home Builders Association
    Local # 0230
    609 S KNIK GOOSE BAY RD STE G
    Wasilla, AK 99654
    http://www.matsuhomebuilders.com

    Interior Alaska Builders Association
    Local # 0235
    938 Aspen Street
    Fairbanks, AK 99709
    http://www.InteriorABA.com


    Construction Expert Witness News and Information
    For Grayling Alaska engineering expert witness supporting builders California fenestration expert witness construction litigation support Alaska

    No Coverage for Defects in Subcontrator's Own Work

    $5 Million Construction Defect Lawsuit over Oregon Townhomes

    Up in Smoke - 5th Circuit Finds No Coverage for Hydrochloric Acid Spill Based on Pollution Exclusion

    HHMR is pleased to announce that David McLain has been selected as a 2020 Super Lawyer

    Architect Not Responsible for Injuries to Guests

    Ten-Year Statute Of Repose To Sue For Latent Construction Defects

    There Was No Housing Bubble in 2008 and There Isn’t One Now

    Attorneys' Fees Awarded as Part of "Damages Because of Property Damage"

    Appeals Court Reverses Summary Judgment over Defective Archway Construction

    Georgia Super Lawyers Recognized Two Lawyers from Hunton’s Insurance Recovery Group

    Real-Estate Pros Fight NYC Tax on Wealthy Absentee Owners

    ConsensusDOCS Hits the Cloud

    Florida Chinese drywall, pollution exclusion, “your work” exclusion, and “sistership” exclusion.

    Best Lawyers Recognizes Twelve White and Williams Lawyers

    Caterpillar Forecast Tops Estimates as Construction Recovers

    New York Public Library’s “Most Comprehensive Renovation” In Its History

    Lumber Drops to Nine-Month Low, Extending Retreat From Record

    Pennsylvania Considers Changes to Construction Code Review

    CDJ’s #9 Topic of the Year: Nevada Supreme Court Denies Class Action Status in Construction Defect Case

    Boots on the Ground- A Great Way to Learn and Help Construction Clients

    Georgia State and Local Governments Receive Expanded Authority for Conservation Projects

    Automating Your Home? There’s an App for That

    New York Assembly Reconsiders ‘Bad Faith’ Bill

    Questions of Fact Regarding Collapse of Basement Walls Prevent Insurer's Motion for Summary Judgment

    Architect Searches for Lost Identity in a City Ravaged by War

    Waive Not, Want Not: Waivers and Releases on California Construction Projects

    City of Pawtucket Considering Forensic Investigation of Tower

    Brazil World Cup Soccer Crisis Deepens With Eighth Worker Death

    Approaches to Managing Job Site Inventory

    Terminating the Notice of Commencement (with a Notice of Termination)

    One Nation, Under Renovation

    A Homeowner’s Subsequent Action is Barred as a Matter of Law by way of a Prior “Right to Repair Act” Claim Resolved by Cash Settlement for Waiver of all Known or Unknown Claims

    California Case Adds Difficulties for Contractors & Material Suppliers

    Newmeyer & Dillion Partner Aaron Lovaas & Casey Quinn Recognized by Super Lawyers

    Additional Insurance Coverage Determined for General Contractor

    Chairman of the Senate Committee on Banking, Housing and Urban Affairs Calls for CFPB Investigation into Tenant Screening Businesses

    Washington School District Sues Construction Company Over Water Pipe Damage

    Supreme Court Finds Insurance Coverage for Intentional (and Despicable) Act of Contractor’s Employee

    Construction Lien Does Not Include Late Fees Separate From Interest

    Not All Design-Build Projects are Created Equal

    Foreign Entry into the United States Construction, Infrastructure and PPP Markets

    Harborside Condo Construction Defect Settlement Moves Forward

    Greystone on Remand Denies Insurer's Motion for Summary Judgment To Bar Coverage For Construction Defects

    Did the Court of Appeals Just Raise the Bar for California Contractors to Self-Report Construction-Related Judgments?

    Charges in Kansas Water Park Death

    Las Vegas HOA Conspiracy & Fraud Case Delayed Again

    Property Damage to Insured's Own Work is Not Covered

    A New Study: Unexpected Overtime is Predictable and Controllable

    Texas Supreme Court to Review Eight-Corners Duty-to-Defend Rule

    Intentional Mining Neighbor's Property is Not an Occurrence
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    GRAYLING ALASKA ENGINEERING EXPERT WITNESS SUPPORTING BUILDERS CALIFORNIA FENESTRATION EXPERT WITNESS CONSTRUCTION LITIGATION SUPPORT ALASKA CONSTRUCTION EXPERT WITNESS
    DIRECTORY AND CAPABILITIES

    Drawing from more than 4500 construction defect and claims related expert witness designations, the Grayling Alaska engineering expert witness supporting builders California fenestration expert witness construction litigation support, Alaska Construction Expert Directory delivers a comprehensive construction and design expert support solution to builders, risk managers, and construction practice groups concerned with construction defect, scheduling, and delay claims. BHA provides construction claims evaluation, testimony, and support services to the construction industry's leading builders and developers, legal professionals, and owners, as well as a variety of state and local government agencies. Employing in house assets which comprise building envelope experts, forensic architects, professional engineers, credentialed construction standard of care consultants, the firm brings specialized expertise and local capabilities to the Grayling Alaska engineering expert witness supporting builders California fenestration expert witness construction litigation support region.

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    Construction Expert Witness News & Info
    Grayling Alaska engineering expert witness supporting builders California fenestration expert witness construction litigation support, Alaska

    The Prolonged Effects on Commercial Property From Extreme Weather

    January 29, 2024 —
    As evidenced by the extraordinary heat in the Southwest, a string of tornadoes in South and Midwest, and heavy rains in California and Florida, 2023 was a banner year for extreme weather. However, 2024 may be no different, which means now is the time for businesses to rethink the way they approach volatile weather, as well as the frequency and severity of storms and natural disasters. The risks and challenges that businesses face as extreme weather becomes stronger and causes more property damage, requires innovative technology with specialized insurance solutions. Through updated building codes, advancements in technology and meaningful infrastructure improvements, businesses can make a difference in protecting their property and reducing losses. Stronger Building Codes To Withstand Storms It is not uncommon to see the destruction that a hurricane or tornado leaves behind. However, stronger building codes are one of the best ways to make sure property can withstand catastrophes. Florida for example implemented changes to its building codes after Hurricane Andrew, and then again in 2007 after the Hurricanes of 2004 and 2005. New construction since then has made houses and buildings significantly more hurricane proof. Buildings constructed 30 years ago were likely built with codes that may have neglected the impact of strong winds from an extreme hurricane or significant rainfall that a storm can bring, especially along the Atlantic and Gulf coasts. Read the full story...
    Reprinted courtesy of The Hartford Staff, The Hartford Insights

    Las Vegas Sphere Lawsuits Roll On in Nevada Courtrooms

    October 02, 2023 —
    Big concerts have yet to start at Las Vegas’ distinctive new ball-shaped entertainment venue, but the legal noise over its construction has been heard in Clark County courtrooms for more than two years. Reprinted courtesy of Richard Korman, Engineering News-Record Mr. Korman may be contacted at kormanr@enr.com Read the full story...

    Real Estate & Construction News Roundup (08/08/23) – Buy and Sell With AI, Urban Real Estate Demand and Increasing Energy Costs

    September 18, 2023 —
    In our latest roundup, we look at AI’s ability to buy and sell real estate, good news from the Labor Department for federally contracted construction workers, the continued promise of proptech, and more!
    • With economic hardships for urban commercial real estate, the suburbs may be where the next opportunities lie. (Larry Goodman, Forbes)
    • Being able to better meet tenant needs and alleviating the redundant, time-consuming tasks continue to drive interest in, and use of, proptech in the real estate sector. (Kerri Davis, Forbes)
    • Imagine using AI to determine which real estate properties to buy and sell. A former real-estate analyst has built a tool for this exact task. (Kelsey Neubauer, Business Insider)
    Read the full story...
    Reprinted courtesy of Pillsbury's Construction & Real Estate Law Team

    Construction Litigation Roundup: “Apparently, It’s Not Always Who You Know”

    December 16, 2023 —
    A respondent party in a pair of international arbitrations on the losing end of roughly $285,000,000 in adverse awards attacked the awards based upon arbitrator bias. “If there is one bedrock rule in the law of arbitration, it is that a federal court can vacate an arbitral award only in exceptional circumstances. … The presumption against vacatur applies with even greater force when a federal court reviews an award rendered during an international arbitration.” Applying the Federal Arbitration Act (according to the court, the international arbitrations were “seated” in the United States and fell under the New York Convention, such that the FAA is required to be the basis for vacatur efforts), the court examined assertions that certain alleged non-disclosures by the panel “concealed information related to the arbitrators’ possible biases and thereby ‘deprived [respondent] of [its] fundamental right to a fair and consensual dispute resolution process.’” The aggrieved party urged that one arbitrator’s undisclosed nomination of another arbitrator to serve as president of another arbitral panel – “a position that sometimes pays hundreds of thousands of dollars” – possibly influenced the second arbitrator to side with the first. Assertions were also levied that the arbitrators’ undisclosed work with the attorneys for the claimant in other arbitrations “allowed them to become familiar with each other, creating a potential conflict of interest.” Read the full story...
    Reprinted courtesy of Daniel Lund III, Phelps
    Mr. Lund may be contacted at daniel.lund@phelps.com

    Keeping Detailed Records: The Best Defense to Constructive Eviction

    October 24, 2023 —
    Inevitably, commercial property owners and managers will be faced with a claim by a tenant of constructive eviction. This article is intended to describe what constructive eviction is and to suggest what owners and managers can do to prepare for, and ward off, such claims. Constructive eviction occurs where a tenant’s “right of possession and enjoyment” of the leasehold is disrupted by the landlord in a manner that renders the premises “unsuitable for the purposes intended.”i Put another way, it is interference that is so “substantial nature and so injurious as to deprive the tenant of the beneficial enjoyment of a part or the whole of the demised premises.”ii Although easy to describe in theory, constructive eviction can be devilishly difficult to determine in the real world. In litigation, determining when interference crosses over the line to constructive eviction is intensely fact-sensitive and resists sweeping generalizations.iii For instance, Utah courts have held that tenants have been constructively evicted when they have been subjected to continual harassment or insults by the landlord or the landlord’s agent,iv prevented or impaired in their access to the leased premises during operating hours,v or when a landlord fails to provide an operable elevator (or other essential commercial amenities) necessary for a tenant’s business operations.vi By contrast, claims of “discomfort” or “inconvenience” have been rejected as a basis for constructive eviction.vii The same goes for claims that a landlord wrongfully served a three-day notice to pay or quit.viii Generally, constructive eviction is an affirmative defense made in response to a landlord’s lawsuit for nonpayment of rent.ix It is not, as is commonly supposed, a basis for a tenant’s premature abandonment of the premises. In other words, the defense is raised after the tenant has vacated as a result of being effectively “evicted.”x Further, the defense requires the tenant to actually abandon the premises and do so within a “reasonable time” after the alleged interference.xi A tenant cannot stay in possession and simply refuse to pay rent on the basis of constructive eviction.xii The key consideration in preparing for, and responding to, a claim of constructive eviction is keeping good records. A tenant claiming constructive evicting likely must prove that the issue was raised in a timely manner and, despite multiple entreaties, was never resolved.xiii As such, it is critical that landlords acknowledge tenant complaints as well as document in writing their efforts to ameliorate those complaints. While a landlord does not carry the burden of proof for constructive eviction, detailed documentation can thwart a tenant’s claim that a landlord has been inattentive or unwilling to address the tenant’s concerns. Detailed records are also useful in disputes where a tenant claims substantial interference. “The whole point of constructive eviction is that the landlord basically drove the tenant out through the landlord’s action or inaction.”xiv As such, a landlord that is unable to document the steps taken in response to complaints will be grossly disadvantaged whereas the tenant, which had control and knowledge of the premises, will have a much easier time describing how the alleged interference deprived them of enjoying the premises. Even with meticulous records, however, owners and managers may still face claims of construction eviction. In such instances, counsel should be retained to properly advise on compiling, preserving, and employing the evidence necessary to refute the tenant’s claims. i Gray v. Oxford Worldwide Grp., Inc., 139 P.3d 267, 269 (Utah Ct. App. 2006). ii Gray, 139 P.3d at 270 (citing Neslen, 254 P.2d at 850) (internal formatting omitted). iii See Gray, 139 P.3d at 269–70 (citing Thirteenth & Washington Sts. Corp. v. Neslen, 254 P.2d 847, 850 (Utah 1953)); Brugger v. Fonoti, 645 P.2d 647, 648 (Utah 1982). iv See Gray, 139 P.3d at 270–71. v Thirteenth & Washington Sts. Corp. v. Neslen, 254 P.2d 847 (Utah 1953). vi See Richard Barton Enterprises, Inc. v. Tsern, 928 P.2d 368, 375, 378 (Utah 1996) (citing Union City Union Suit Co. v. Miller, 162 A.D.2d 101, 556 N.Y.S.2d 864 (1990)). vii See Myrah v. Campbell, 163 P.3d 679, 682–84 (Utah Ct. App. 2007). viii Barton v. MTB Enterprises, 889 P.2d 476, 477 (Utah Ct. App. 1995); see also Brugger, 645 P.2d at 648 (stating that the tenant’s complaints revolved around standard problems commonly associated with building maintenance and did not rise to the level of substantial interference); viv Reid v. Mutual of Omaha Ins. Co., 776 P.2d 896, 898–900 (Utah 1989) (upholding trial court’s findings of fact concerning insufficiency of disruption so as to justify claim for constructive eviction). ix See Kenyon v. Regan, 826 P.2d 140, 142 (Utah Ct. App. 1992). x See Kenyon, 826 P.2d at 142. xi See Kenyon, 826 P.2d at 142; see also Barton v. MTB Enterprises, Inc., 889 P.2d 476, 477 (Utah Ct. App. 1995); Brugger, 645 P.2d at 648. xii See Kenyon, 826 P.2d at 142 (citing Fernandez v. Purdue, 518 P.2d 684, 686 (Utah 1974)). xiii See Brugger, 645 P.2d at 648 (noting that while the tenant had raised legitimate issues concerning state of the premises, the landorld had taken steps to remedy the problems within a reasonable time) (citing 49 Am.Jur.2d, Landlord and Tenant, § 617). xiv Barton, 889 P.2d at 477. Reprinted courtesy of Ben T. Welch, Snell & Wilmer and Ken Brown, Snell & Wilmer Mr. Welch may be contacted at bwelch@swlaw.com

    Congratulations to Partners Nicole Whyte, Keith Bremer, Vik Nagpal, and Devin Gifford, and Associates Shelly Mosallaei and Melissa Youngpeter on Their Inclusion in 2024 Best Lawyers in America!

    October 24, 2023 —
    Bremer Whyte Brown & O’Meara, LLP is proud to announce Partners Nicole Whyte, Keith Bremer, and Vik Nagpal have been selected by their peers for inclusion in the 2024 Edition of The Best Lawyers in America, and Partner Devin Gifford, and Associates Shelly Mosallaei and Melissa Youngpeter, are included in the Fourth Edition of Best Lawyers: Ones to Watch. Each person is being recognized for their diligent work in the areas of Family Law, Construction, and Real Estate Litigation. Best Lawyers is 100% based on peer evaluations and is the most respected peer-review publication in the history of the legal profession. Acknowledgment in both The Best Lawyers in America and Best Lawyers: Ones to Watch edition is widely regarded by both clients and legal professionals as a significant honor, bestowed on a lawyer by his or her peers. Read the full story...
    Reprinted courtesy of Bremer Whyte Brown & O’Meara, LLP

    Arizona Is Smart About Water. It Should Stay That Way.

    February 19, 2024 —
    You really have to hand it to Arizona: Even as its population has doubled and it has suffered through a decades long megadrought, the state uses less water today than it did 40 years ago. This success story is the result of what may be the smartest, most conservative approach to water in the country. But homebuilders want to scrap some key elements of this careful system. It’s a bad idea, especially as the climate changes, making the state’s water supply less reliable. And it’s a cautionary tale for the rest of us as we try to adapt to a warming world. In 1980, alarmed at watching its precious groundwater disappear amid rapid development, Arizona passed the Groundwater Management Act. The law established the Arizona Department of Water Resources, set up water-management zones around cities and required new housing developments to prove they had access to 100 years’ worth of clean water, among other things. Read the full story...
    Reprinted courtesy of Mark Gongloff, Bloomberg

    Understanding California’s Pure Comparative Negligence Law

    November 13, 2023 —
    In order for a plaintiff to prove a defendant is negligent, the plaintiff must prove the defendant (1) owed a duty to plaintiff, (2) breached that duty, (3) the breach was the actual and proximate cause of plaintiff’s injury, and (4) the resulting monetary damage. However, for both plaintiffs and defendants it is not an all or nothing game in California. This is because California is a pure Comparative Negligence state. California’s Comparative Negligence law provides that even if a plaintiff is deemed 99% at fault, the plaintiff can still recover 1% in damages from a defendant. Thus, even if a plaintiff is deemed to be more than 50% (or even 99%) at fault for the incident, the plaintiff could still recover some monetary amount, or the defendant will still have to pay plaintiff, depending on how you see it. In most instances, a jury decides what percentage of fault to assign to each party. Just as a plaintiff must prove he/she/its negligence case against a defendant, if the defendant claims plaintiff was partially responsible for the incident, the defendant must prove plaintiff was also negligent and said negligence contributed to plaintiff’s injuries. The total amount of monetary responsibility distributed among all defendants and plaintiffs must equal 100%. As crazy as it may sound, a plaintiff found to be 99.9% at fault, is still entitled to recover 0.01% from a defendant in California. Read the full story...
    Reprinted courtesy of Yaron Shaham, Kahana Feld
    Mr. Shaham may be contacted at yshaham@kahanafeld.com