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    Construction expert witness Grayling Alaska, 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 Construction expert witness Grayling Alaska 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 Construction expert witness Grayling Alaska Alaska

    The Brexit Effect on the Construction Industry

    Delaware State Court Holds that Defective Workmanship Claims do not Trigger Coverage by a Builder’s Commercial General Liability Policy

    Proposed Bill Provides a New Federal Tax Credit for the Conversion of Office Buildings

    Examining Construction Defect as Occurrence in Recent Case Law and Litigation

    High Court Case Review Frees Jailed Buffalo Billions Contractor CEO

    New Jersey Senate Advances Bad Faith Legislation

    Best Lawyers Honors 43 Lewis Brisbois Attorneys, Recognizes Three Partners as 'Lawyers of The Year'

    Client Alert: Restaurant Owed Duty of Care to Driver Killed by Third-Party on Street Adjacent to Restaurant Parking Lot

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    Infrared Photography Illuminates Construction Defects and Patent Trolling

    Home Construction Slows in Las Vegas

    California to Build ‘Total Disaster City’ for Training

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    Insured's Expert Qualified, Judgment for Coverage Affirmed

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    Insurer's Motion to Dismiss Allegations of Collapse Rejected

    ASCE Statement on The Partial Building Collapse in Surfside, Florida

    KB Home Names New President of its D.C. Metro Division

    Nebraska Joins the Ranks—No CGL Coverage for Faulty Work

    New Jersey Supreme Court Rules that Subcontractor Work with Resultant Damage is both an “Occurrence” and “Property Damage” under a Standard Form CGL Policy

    Emergency Paid Sick Leave and FMLA Leave Updates in Response to COVID-19

    Dispute Resolution Provision in Subcontract that Says Owner, Architect or Engineer’s Decision Is Final

    Congratulations to BWB&O Partner John Toohey and His Fellow Panel Members on Their Inclusion in West Coast Casualty’s 2022 Program!

    Filling Out the Contractor’s Final Payment Affidavit

    Senate Bill 15-091 Passes Out of the Senate State, Veterans & Military Affairs Committee

    Why Construction Law- An Update

    General Liability Alert: ADA Requirements Pertaining to Wall Space Adjacent to Interior Doors Clarified

    Determining the Cause of the Loss from a Named Windstorm when there is Water Damage - New Jersey

    BHA has a Nice Swing Donates to CDCCF

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    Traub Lieberman Attorneys Recognized as 2022 Illinois Super Lawyers® and Rising Stars

    Court Agrees to Stay Coverage Matter While Underlying State Action is Pending

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    What to do When the Worst Happens: Responding to a Cybersecurity Breach

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    Quick Note: Submitting Civil Remedy Notice

    Claim for Vandalism Loss Survives Motion to Dismiss

    Utah Supreme Court Allows Citizens to Block Real Estate Development Project by Voter Referendum

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    Texas EIFS Case May Have Future Implications for Construction Defects

    New Nafta Could Settle Canada-U.S. Lumber War, Resolute CEO Says

    Insurer's Daubert Challenge to Insured's Expert Partially Successful

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    Nevada Senate Bill 435 is Now in Effect

    New York Court Temporarily Enjoins UCC Foreclosure Sale

    U.S. District Court for Hawaii Again Determines Construction Defect Claims Do Not Arise From An Occurrence

    Congratulations to Partner John O’Meara for Being Named as One of America’s Top 100 Civil Defense Litigators for Three Consecutive Years!

    Massachusetts Couple Seek to Recuse Judge in Construction Defect Case
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    CONSTRUCTION EXPERT WITNESS GRAYLING ALASKA ALASKA CONSTRUCTION EXPERT WITNESS
    DIRECTORY AND CAPABILITIES

    With over four thousand construction defect and claims related expert witness designations, the Construction expert witness Grayling Alaska, Alaska Construction Expert Directory provides a streamlined multi-disciplinary expert retention and support solution to legal professionals and construction practice groups seeking meaningful resolution of construction defect and claims matters. BHA provides building claims investigation, testimony, and support services to the industry's leading construction practice groups, Fortune 500 builders, real estate investment trusts, risk managers, owners, as well as a variety of municipalities and government offices. Utilizing captive assets which comprise construction cost and scheduling experts, registered design professionals, forensic engineers, certified professional estimators, the firm brings national experience and local capabilities to Construction expert witness Grayling Alaska and the surrounding areas.

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    Construction Expert Witness News & Info
    Construction expert witness Grayling Alaska, Alaska

    Are We Having Fun Yet? Construction In a Post-COVID World (Law Note)

    June 20, 2022 —
    Remember how I said to never assume? Yeah, about that…… even when you plan for failures, mistakes, and other problems, sometimes things get so outside the realm of what you considered that it can leave your construction project spinning. Take, as a random example, a world-wide pandemic that shuts down supply chains, shuts down job sites, and limits the labor pool. Just as an example. What does construction law say about pandemics? They fall under an “Act of God” that you may have read about in your contracts, or in the contracts of the contractors working your projects. An “Act of God” is an event that is not foreseeable, and as such not something the parties could have anticipated when they drafted the contract. Acts of God generally excuse a party’s failure– for example, a contractor’s failure to complete the project on time can be excused when an “act of God” has occurred. By now, you’ve dealt with the practical fall out, one way or another. Many projects no longer made financial sense for your clients. Others may have been modified, reduced in scope, or had substitute materials put in place. Read the full story...
    Reprinted courtesy of Melissa Dewey Brumback, Ragsdale Liggett
    Ms. Brumback may be contacted at mbrumback@rl-law.com

    LA Lakers Partially Survive Motion to Dismiss COVID-19 Claims

    June 13, 2022 —
    While the appellate court affirmed dismissal of a majority of the claims submitted by the Los Angeles Lakers for closure of the Staples Center and other properties due to COVID-19, a portion of their claims survived. L.A. Lakers v. Fed Ins. Co., 2022 U.S. Dist. LEXIS 31503 (C.D. Calif. March 17, 2022). Government orders closed the Staples Center in March 2020. The Lakers alleged they lost tens of millions of dollars in revenue. They further alleged that the presence of coronavirus particles on fixtures and building systems caused physical alterations to the covered properties. The Lakers had to upgrade their properties to include new air filters, touchless light switches, toilets and sinks; sleeves or coatings for high-touch surfaces; and plexiglass dividers. The Lakers also alleged that five Metro stations within a mile of the Staples Center, that was used to get to games, were closed by civil authorities due to the presence of COVID-19. The Lakers submitted a claim for property damage and business interruption to Federal. The claim was denied and the Lakers filed suit. In February 2021, the court granted Federal's motion to dismiss without prejudice, after concluding that the Lakers' allegations of direct physical loss or damage were mere legal conclusions and not sufficient to state a claim. Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    What is Bad Faith?

    April 04, 2022 —
    As a policyholder, you may have heard the term “bad faith” in the context of litigation against your insurer. Bad faith in the insurance context is a catch-all term for a broad category of claims that can be brought against your insurer. Bad faith claims are common in insurance coverage litigation, and they can be a powerful tool in a policyholder’s arsenal. This post will serve as an introduction to some basic concepts surrounding bad faith litigation.
      Table of Contents
    • Bad Faith Defined:
      • Statutory vs. Common Law Bad Faith Claims
      • Breach of Contract vs. Tort Bad Faith Claims
      • Substantive vs. Procedural Bad Faith Claims
    • Best Practices Throughout the Claims Process:
    • Involve an Experienced Coverage Attorney
    • Conclusion
    Read the full story...
    Reprinted courtesy of Stacy M. Manobianca, Saxe Doernberger & Vita, P.C.
    Ms. Manobianca may be contacted at SManobianca@sdvlaw.com

    Filing Lien Foreclosure Lawsuit After Serving Contractor’s Final Payment Affidavit

    June 06, 2022 —
    If you are an unpaid contractor in direct contract with the owner of real property, you should be serving a Contractor’s Final Payment Affidavit prior to foreclosing on your construction lien. This should extend to any trade contractor hired directly by the owner. As a matter of course, I recommend any lienor hired directly by the owner that wants to foreclose its lien to serve a Contractor’s Final Payment Affidavit. For example, if you are a plumbing contractor hired by the owner and want to foreclose your lien, serve the Affidavit. If you are a swimming pool contractor hired by the owner and want to foreclose your lien, serve the Affidavit. You get the point. (If you are not in direct contract with the owner, you do not need to serve the Affidavit, but you need to make sure you timely served your Notice to Owner; when you are in direct contract with the owner, you do not need to serve the Notice to Owner because the owner already knows you exist.) The Contractor’s Final Payment Affidavit is a statutory form. I suggest working with counsel to help execute to avoid any doubts with the information to include. The unpaid amount listed should correspond with the amount in your lien and you want to identify all unpaid lienors (your subcontractors and suppliers) and amounts you believe they are owed. Read the full story...
    Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
    Mr. Adelstein may be contacted at dma@kirwinnorris.com

    UPDATE: ACS Obtains Additional $13.6 Million for General Contractor Client After $19.2 Million Jury Trial Victory

    June 27, 2022 —
    In March 2022, ACS obtained a $19.2 million jury verdict in favor of its general contractor client after a lengthy trial against the project owner. Since that time, ACS has successfully obtained awards through post-trial motion practice for an additional $13.6 million in favor of the general contractor. These awards increased to total judgment to more than $32 million. When moving to enter judgment on the jury verdict, ACS successfully argued for and obtained more than $5 million in prejudgment interest on the jury verdict to compensate the general contractor for having to go years without payment for work performed. ACS also successfully obtained a decree of foreclosure on its construction lien and incorporated language in the judgment requiring the owner to pay an additional $1.9 million in Washington State sales tax on the jury award. Finally, under the authority of the Washington construction lien statute (RCW 60.04.181), ACS sought to recover the attorneys’ fees, costs, and expenses incurred by the general contractor client during the course of litigation. ACS succeeded in obtaining an award for more than $6.6 million for various expenses and costs including ACS’s attorney fees, all the costs of hiring expert witnesses, costs and expenses related to subcontractors’ presentation of pass-through claims against the owner, and other litigation costs and expenses. Read the full story...
    Reprinted courtesy of Kristina Southwell, Ahlers Cressman & Sleight PLLC
    Ms. Southwell may be contacted at wendy.wheatmccoy@acslawyers.com

    U.K. Developer Pledges Building Safety in Wake of Grenfell

    April 19, 2022 —
    Crest Nicholson Plc intends to sign the building safety pledge set up in the aftermath of the Grenfell fire in 2017 to improve standards that may cost the U.K. developer as much as 120 million pounds ($157 million). The company’s best estimate of further liability as a result of the pledge would be 80 million pounds to 120 million pounds, according to a statement Tuesday. Since 2019, Crest Nicholson has recorded 47.8 million pounds of net charges from obligations imposed after the fire at Grenfell Tower in London in which flammable cladding materials contributed to the deaths of 72 people. The Secretary of State for the Department for Levelling Up, Housing and Communities announced in January the government’s intention to increase the legal obligation on developers to fix potentially dangerous buildings. Since then, Crest Nicholson has engaged in “intensive dialogue” with the government about the new guidelines, resulting in the decision to sign the pledge, the firm said in the statement. The new restrictions will be enacted in law through proposed amendments to the Building Safety Bill that is currently passing through parliament. Crest Nicholson is currently considering whether any further regulatory approvals are required in respect of the proposed laws, according to the statement. Read the full story...
    Reprinted courtesy of Ryan Hesketh, Bloomberg

    Investing in Metaverse Real Estate: Mind the Gap Between Recognized and Realized Potential

    May 10, 2022 —
    The Metaverse is an immersive world combining virtual reality and augmented reality, where users are represented by avatars and roam virtual spaces. It comprises a variety of platforms and environments that can be explored, experienced, and developed. Online social games like Second Life, Fortnite and Minecraft are among the first wave of successful Metaverse games. Now, Meta and Microsoft see the Metaverse as a place to play, live, and work. A JP Morgan white paper stated that opportunities in the Metaverse seem “limitless.” The bank predicted that virtual worlds will “infiltrate every sector in some ways in the coming years.” A March 31 report by Citi concluded that the Metaverse has the potential to become a $13 trillion opportunity by 2030, with total global users of between one and five billion. According to Citi, the Metaverse will become a significant part of the next iteration of the internet (referred to as Web3) enabled by a variety of existing and emerging technologies, including 5G connectivity, secure blockchain and payment platforms, crypto assets, cloud computing, artificial intelligence, 3D modeling tools and headset devices. A Land Rush, Virtually Speaking Not surprisingly, investors are speculating regarding the value and potential of “virtual land” within the Metaverse, where land sales in 2021 exceeded $500 million and attracted a lot of attention and hype. The Sandbox, Decentraland, Somnium Space and CryptoVoxels are the most active platforms and owners can build almost anything on their virtual parcels. The open-source Ethereum blockchain, with self-executing smart contract functionality, operates as the foundational layer for most platforms. Parcels of land in The Sandbox and Decentraland are purchased with cryptocurrencies (called SAND and MANA, respectively) on their platforms and can also be sold and purchased on secondary marketplaces like OpenSea. Reprinted courtesy of Robert G. Howard, Pillsbury, David W. Wright, Pillsbury and Craig A. de Ridder, Pillsbury Mr. Howard may be contacted at robert.howard@pillsburylaw.com Mr. Wright may be contacted at david.w.wright@pillsburylaw.com Mr. Deridder may be contacted at craig.deridder@pillsburylaw.com Read the full story...

    Summary Judgment for Insurer Reversed Based on Expert Opinion

    May 30, 2022 —
    After the trial court discounted the insured's expert witness and granted summary judgment to the insurer, the Florida District Court of Appeal reversed. Morales v. Citizens Prop. Ins. Corp., 2022 Fla. App. LEXIS 1831 (Fla. Ct. App. March 15, 2022). The insureds' property was allegedly damaged by Hurricane Irma in 2017. They filed a claim with Citizens. Citizens sent its adjuster and eventually denied the claim because the policy did not cover damages caused by wear and tear. Further, there was no coverage for loss caused by "rain . . . unless a covered peril first damages the building causing an opening in a roof or wall and the rain . . . enters through this opening." The insureds sued and Citizens moved for summary judgment. At the hearing, Citizens' expert, a civil engineer, concluded that there were no storm-created openings in the roof. The insureds engaged a licensed contractor, Steven Delgado, who stated that he found significant damage to the roofing system and water intrusion through the roof. He observed loose shingles which were most likely damaged during Hurricane Irma, allowing for high winds and airborne debris to create small openings permitting water intrusion. Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at te@hawaiilawyer.com