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    Construction Expert Witness Builders Information
    Alberta, Virginia

    Virginia Builders Right To Repair Current Law Summary:

    Current Law Summary: (HB558; H 150; §55-70.1) Warranty extension applicable to single-family but not HOAs: in addition to any other express or implied warranties; It requires registered or certified mail notice to "vendor" stating nature of claim; reasonable time not to exceed six months to "cure the defect".


    Construction Expert Witness Contractors Licensing
    Guidelines Alberta Virginia

    A contractor's license is required for all trades. Separate boards license plumbing, electrical, HVAC, gas fitting, and asbestos trades.


    Construction Expert Witness Contractors Building Industry
    Association Directory
    Tidewater Builders Association
    Local # 4854
    2117 Smith Ave
    Chesapeake, VA 23320
    http://www.tbaonline.org

    Peninsula Housing & Builders Association
    Local # 4844
    760 McGuire Pl
    Newport News, VA 23601
    http://peninsulahousing.org/

    Home Builders Association of Southside VA
    Local # 4863
    10300 Corporate Road
    Petersburg, VA 23805
    http://www.hbaofsouthside.com

    New River Valley Home Builders Association
    Local # 4837
    PO Box 2010
    Christiansburg, VA 24068
    http://www.nrvhba.com

    Builders & Associates of Southern VA
    Local # 4829
    PO Box 10178 Ste 28
    Danville, VA 24543


    Roanoke Regional Home Builders Association
    Local # 4881
    1626 Apperson Dr
    Salem, VA 24153
    http://www.rrhba.com

    Home Builders Association of Central VA
    Local # 4827
    20334 Timberlake Rd Ste 3
    Lynchburg, VA 24502
    http://www.HBACV.org


    Construction Expert Witness News and Information
    For Alberta Virginia

    'Perfect Storm' Caused Fractures at San Francisco Transit Hub

    Retaining Wall Contractor Not Responsible for Building Damage

    No Additional Insured Coverage for Subcontractor's Work Outside Policy Period

    California Precludes Surety from Asserting Pay-When-Paid Provision as Defense to Payment Bond Claim

    Texas Walks the Line on When the Duty to Preserve Evidence at a Fire Scene Arises

    The Latest News on Fannie Mae and Freddie Mac

    Blurred Lines: New York Supreme Court Clarifies Scope of Privileged Documents in Connection with Pre-Denial Communications Prepared by Insurer's Coverage Counsel

    Chambers USA 2021 Ranks White and Williams as a Leading Law Firm

    2015-2016 California Labor & Employment Laws Affecting Construction Industry

    Civility Is Key in Construction Defect Mediation

    Construction Defect Leads to Death, Jury Awards $39 Million

    Proving & Defending Lost Profit Damages

    The Real Estate Crisis in North Dakota's Man Camps

    Facebook Posts “Not Relevant” Rules Florida Appeals Court

    Some Work Cannot be Included in a Miller Act Claim

    What Happens When a Secured Creditor Files a Late Claim in an Equity Receivership?

    Ben L. Aderholt Joins Coats Rose Construction Litigation Group

    Smart Cities Offer New Ideas for Connectivity

    South Carolina School District Investigated by IRS and FBI

    OSHA: What to Expect in 2022

    Wonder How 2021 May Differ From 2020? Federal Data Privacy May Be Enacted - Be Prepared

    Missouri Legislature Passes Bill to Drastically Change Missouri’s “Consent Judgment” Statute

    Home Prices Beat Estimates With 0.8% Gain in November

    Tetra Tech-U.S. Cleanup Dispute in San Francisco Grows

    Under the Hood of U.S. Construction Spending Is Revised Data

    Blackstone to Buy Apartments From Greystar in $2 Billion Deal

    Pennsylvania’s Supreme Court Limits The Scope Of A Builder’s Implied Warranty Of Habitability

    Starting July 1, 2020 General Contractors are “Employers” for All Workers on Their Jobsite

    Jersey City, New Jersey, to Get 95-Story Condo Tower

    Patti Santelle Honored by Rutgers School of Law with Arthur E. Armitage Sr. Distinguished Alumni Award

    Power Point Presentation on Nautilus v. Lexington Case

    Deterioration Known To Insured Forecloses Collapse Coverage

    New Green Standards; Same Green Warnings for Architects & Engineers (law note)

    Avoid Delay or Get Ready to Pay: The Risks of “Time-Is-of-The-Essence” Clauses

    Panel Declares Colorado Construction Defect Laws Reason for Lack of Multifamily Developments

    Terminating A Subcontractor Or Sub-Tier Contractor—Not So Fast—Read Your Contract!

    M&A Representation and Warranty Insurance Considerations in the Wake of the Coronavirus Pandemic

    EPA Will Soon Issue the Latest Revision to the Risk Management Program (RMP) Chemical Release Rules

    Accounting for Payments on Projects Became Even More Crucial This Year

    Phoenix Flood Victims Can’t Catch a Break as Storm Nears

    Do Not Pass Go! Duty to Defend in a Professional Services Agreement (law note)

    The Moving Finish Line: Statutes of Limitation and Repose Are Not Always What They Seem

    Standard of Care

    A Primer on Insurance for Construction Projects

    New Hampshire Applies Crete/Sutton Doctrine to Bar Subrogation Against College Dormitory Residents

    "Is the Defective Work Covered by Insurance?"

    Georgia House Bill Addresses Construction Statute of Repose

    Poor Record Keeping = Going to the Poor House (or, why project documentation matters)

    Between Scylla and Charybids: The Mediation Privilege and Legal Malpractice Claims

    COVID-19 Response: Recent Executive Orders Present Opportunities for Businesses Seeking Regulatory and Enforcement Relief and Expedited Project Development
    Corporate Profile

    ALBERTA VIRGINIA CONSTRUCTION EXPERT WITNESS
    DIRECTORY AND CAPABILITIES

    With over 4500 construction and design related expert designations, the Alberta, Virginia Construction Expert Directory delivers a wide range of trial support and consulting services to legal professionals and construction practice groups seeking effective resolution of construction defect and claims litigation. BHA provides building claims investigation and expert 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. Utilizing in house resources which comprise testifying architects, design engineers, construction cost and standard of care experts, licensed general and specialty contractors, the firm brings a wealth of experience and local capabilities to Alberta and the surrounding areas.

    Alberta Virginia window expert witnessAlberta Virginia structural engineering expert witnessesAlberta Virginia construction expert witnessesAlberta Virginia construction forensic expert witnessAlberta Virginia building consultant expertAlberta Virginia defective construction expertAlberta Virginia eifs expert witness
    Construction Expert Witness News & Info
    Alberta, Virginia

    Developer Pre-Conditions in CC&Rs Limiting Ability of HOA to Make Construction Defect Claims, Found Unenforceable

    August 16, 2021 —
    The Davis-Stirling Common Interest Development Act (Civ. Code §4000, et seq.), also known simply as “Davis-Stirling,” is a statute that applies to condominium, cooperative and planned unit development communities in California. The statute, which governs the formation and management of homeowners associations or HOAs, also governs lawsuits filed by HOAs for construction defects. In the next case, Smart Corners Owner Association v. CJUF Smart Corner LLC, Case No. D076775 (May 20, 2021), the 4th District Court of Appeal addressed the pre-litigation voting requirements of Davis-Stirling and the impact of recent amendments to the Act. The Smart Corners Case In 2004, CJUF Smart Corner LLC contracted with Hensel Phelps Construction Company for the construction of the Smart Corner condominium project, a 19-story mixed-use development with 301 residential units and common areas, in San Diego, California. As part of the development an HOA was formed, the Smart Corner Owner Association. Read the full story...
    Reprinted courtesy of Garret Murai, Nomos LLP
    Mr. Murai may be contacted at gmurai@nomosllp.com

    Agreement Authorizing Party’s Own Engineer to Determine Substantial Compliance Found Binding on Adverse Party

    August 30, 2021 —
    When it comes to resolving construction disputes it’s a bit like the “31 Flavors” of Baskin Robins. There’s a flavor for nearly everyone. From mediation, to arbitration, to litigation, to dispute resolution boards (DRBs), to the architect as the “initial decision maker” under AIA contracts, parties and their counsel have developed numerous ways to resolve disputes on construction projects, including by expert review. But if you’re going to agree to a dispute resolution procedure, make sure it’s one you can live with, because if you don’t, it’s often going to be too late to go back to the proverbial drawing board as the parties in the next case discovered. The Coral Farms Case In December 2010, a mudslide impacted three properties in San Juan Capistrano, California. One of the properties was owned by Coral Farms, L.P., another by Paul and Susan Mikos, and the third by Thomas and Sonya Mahony. Read the full story...
    Reprinted courtesy of Garret Murai, Nomos LLP
    Mr. Murai may be contacted at gmurai@nomosllp.com

    How Does Weather Impact a Foundation?

    December 27, 2021 —
    When it comes to commercial properties, it pays to be prepared. However, there are few things as unpredictable as the weather. With there being several weeks left in hurricane season, the weather can have quite an impact on the foundations of different properties. Whether it’s a new home or a century-old commercial property, preserving the integrity and safety of the structure is paramount. For those in construction looking to learn more about how the weather can sway a foundation, below are several examples along with tips on prevention. Rain, Rain Go Away! Hurricanes are known for bringing strong winds and plenty of rain. This can spell disaster for buildings with weak foundations. Torrential downpours can cause wet and weak soil. Too much rain—whether generated by hurricanes or frequent storms—can negatively impact the foundations of commercial properties and homes as well. It can also cause the soil to weaken, which can lead to a foundation sinking into the ground. For those that may have crawl spaces underneath their properties, heavy rains may cause water to seep under and into it. Water will sit in the crawl space, and it could take days or even weeks to dry out, causing moisture and possible mold damage. Reprinted courtesy of Brent Pearson, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

    HHMR Lawyers Recognized by Best Lawyers

    December 27, 2021 —
    For over twenty years, Higgins, Hopkins, McLain & Roswell has embodied and exemplified the principles of service and stewardship. In everything we do, we focus on serving our clients selflessly and to the best of our ability. In doing so, we always have in the forefront of our minds our obligation to act as the stewards of our clients’ trust, confidences, and resources. The firm itself, along with Carin Ramirez (in the area of Litigation - Insurance), and Dave McLain (in the area of Construction) were all recognized in this year's edition of the U.S. News Best Lawyers Journal. We could not be more proud of the firm we have created, or the service we are able to provide to Colorado's construction industry and its insurers. Reprinted courtesy of David McLain, Higgins, Hopkins, McLain & Roswell Mr. McLain may be contacted at mclain@hhmrlaw.com Read the full story...

    Unjust Enrichment and Express Contract Don’t Mix

    August 23, 2021 —
    I am a huge fan of clearly written construction contracts. Virginia state and federal courts will interpret contract provisions as written and will seek to enforce all of those terms where possible. Where the contract is ambiguous, we construction attorneys make money and the courts are forced to make decisions that the parties may not like. A recent case out of the Eastern District of Virginia federal court highlights the ways in which a clear contract affects the claims that can be brought and limits the scope of possible litigation. In First Call Environmental LLC v. Murphy Oil USA LLC, the Court looked at a relatively typical Owner, Contractor, Subcontractor set of agreements. In this matter, Murphy Oil entered a contract with National Rapid Response, Inc. (“NRR”) whereby NRR would provide emergency and environmental management and waste disposal services to Murphy Oil. NRR then subcontracted with the Plaintiff First Call to perform the services for Murphy Oil. First Call filed suit against Murphy Oil alleging two counts: breach of contract (based on a third-party beneficiary theory), and unjust enrichment. Read the full story...
    Reprinted courtesy of The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at chrisghill@constructionlawva.com

    Drill Rig Accident Kills Engineering Manager, Injures Operator in Philadelphia

    August 10, 2021 —
    Philadelphia officials and engineering firm Langan have confirmed that a company project manager and geotechnical engineer died July 6 in a nighttime drill rig accident while he was on site to inspect foundation work for a pedestrian bridge project. Reprinted courtesy of Stephanie Loder, Engineering News-Record ENR may be contacted at ENR.com@bnpmedia.com Read the full story...

    So a Lawsuit Is on the Horizon…

    August 10, 2021 —
    As certain as death and taxes, documents will need to be exchanged in the event of a lawsuit. Here is what to expect and a few tips for reducing costs and protecting the case. What Needs to Be Produced? Discovery is broad, but proportional to the needs (i.e., usually the dollar value) of the case. Cost reports, bid back up and scheduling information are often at the heart of damages issues in construction disputes. Thus, while it will depend on the nature of the dispute, these items will generally need to be produced. It is no secret that electronically stored information (ESI) can be a big part of discovery in litigation, particularly in a document intensive industry like construction. In addition to electronically stored project files, expect that the inboxes of employees who are close to the dispute will need to be searched. How many will depend on the size of the dispute and the number of players involved. Hard-drives and text messages of those employees may also be discoverable. Reprinted courtesy of Sean Donoghue, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...
    Mr. Donoghue may be contacted at sdonoghue@eckertseamans.com

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

    September 20, 2021 —
    Traub Lieberman Partner, Burks Smith, and Associate, Katie Keller, represented a national property insurer in a breach of contract action brought by a homeowner in the Middle District of Florida for substantial property damage alleged to have been caused by hail and wind. Throughout the course of litigation, the homeowner disclosed his expert, which is the same individual that prepared the homeowner’s estimate of damages and causation report. The expert’s credentials list that he is a general contractor, independent adjuster, and inspector. Mr. Smith and Ms. Keller moved under Daubert v. Merrell Dow Pharm., Inc., 509 U.S. 579 (1993) and Federal Rule of Evidence 702 to exclude testimony and introduction of any evidence prepared by the homeowner’s expert. Mr. Smith and Ms. Keller argued that the homeowner’s expert was not qualified to render expert testimony in this case, as he did not have the requisite qualifications to render an expert opinion, the methodology utilized by the expert to form his opinion was not sufficiently reliable, and his anticipated testimony was not helpful in the case, as it is imprecise and unspecific. Therefore, the expert’s opinions did not meet the standards for admission of expert testimony as set forth in Daubert v. Merrell Dow Pharm., Inc., 509 U.S. 579 (1993), and should not be admitted as expert testimony at trial. Reprinted courtesy of Burks A. Smith, III, Traub Lieberman and Kathryn Keller, Traub Lieberman Mr. Smith may be contacted at bsmith@tlsslaw.com Ms. Keller may be contacted at kkeller@tlsslaw.com Read the full story...