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    Atqasuk, 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 Atqasuk 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 Atqasuk Alaska

    When is Construction Put to Its “Intended Use”?

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

    Rather Than Limit Decision to "That Particular Part" of Developer's Policy Necessary to Bar Coverage, 10th Circuit Renders Questionable Decision on Exclusion j(6)

    Court Extends Insurer Rights to Equitable Contribution

    Clean Water Act Cases: Of Irrigation and Navigability

    Submitting Claims on Government Projects Can Be Tricky

    Home Prices in 20 U.S. Cities Rise Most Since February 2006

    United States Supreme Court Limits Class Arbitration

    Indiana Court of Appeals Rules Against Contractor and Performance Bond Surety on Contractor's Differing Site Conditions Claim

    Design & Construction Case Expands Florida’s Slavin Doctrine

    Just When You Thought General Contractors Were Necessary Parties. . .

    Insurance Law Client Alert: California FAIR Plan Limited to Coverage Provided by Statutory Fire Insurance Policy

    Court of Appeal Confirms Privette Doctrine as Applied to Passive Conduct of Property Owner

    Connecticut Gets Medieval All Over Construction Defects

    Warranty Reform Legislation for Condominiums – Unfair Practices used by Developers and Builders to avoid Warranty Responsibility for Construction Defects in Newly Constructed Condominiums

    Tips for Contractors Who Want to Help Rebuild After the California Wildfires

    Fifth Circuit Holds Insurer Owes Duty to Defend Latent Condition Claim That Caused Fire Damage to Property Years After Construction Work

    Alert: AAA Construction Industry Rules Update

    Homebuilder Predictions for Tallahassee

    Google’s Floating Mystery Boxes Solved?

    When “Substantially Similar” Means “Fundamentally Identical”: Delaware Court Enforces Related Claim Provision to Deny D&O Coverage for Securities Class Action

    Home Buyer May Be Third Party Beneficiary of Property Policy

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    Nevada’s Construction Defect Law

    Additional Insured Not Entitled to Indemnity Coverage For Damage Caused by Named Insured

    Presidential Memorandum Promotes Reliable Supply and Delivery of Water in the West

    Mitigation, Restructuring and Bankruptcy: Small Business Tools in the Era of COVID-19

    Federal Contractors Should Request Debriefings As A Matter Of Course

    Falling Crime Rates Make Dangerous Neighborhoods Safe for Bidding Wars

    Haight Expands California Reach – Opens Office in Sacramento

    Colorado Mayors Should Not Sacrifice Homeowners to Lure Condo Developers

    Who Is To Blame For Defective — And Still LEED Certified — Courthouse Square?

    With an Eye Already in the Sky, Crane Camera Goes Big Data

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    DOD Contractors Receive Reprieve on Implementation of Chinese Telecommunications Ban

    Construction Firm Sues City and Engineers over Reservoir Project

    Australians Back U.S. Renewables While Opportunities at Home Ebb

    Construction Spending Highest Since April 2009

    Oregon agreement to procure insurance, anti-indemnity statute, and self-insured retention

    Washington, DC’s COVID-19 Eviction Moratorium Expires

    Skipping Depositions does not Constitute Failure to Cooperate in New York

    Building Group Has Successful 2012, Looks to 2013

    Leveraging the 50-State Initiative, Connecticut and Maine Team Secure Full Dismissal of Coverage Claim for Catastrophic Property Loss

    Haight Lawyers Recognized in The Best Lawyers in America© 2019

    Minneapolis Condo Shortage Blamed on Construction Defect Law

    U.K. Construction Resumes Growth Amid Resurgent Housing Activity

    Las Vegas HOA Conspiracy & Fraud Case Delayed Again

    Denver’s Mayor Addresses Housing and Modifying Construction Defect Law

    Conspirators Bilked Homeowners in Nevada Construction Defect Claims

    New York’s Lawsky Proposes Changes to Reduce Home Foreclosures
    Corporate Profile


    Drawing from more than 4500 engineering, construction, and builders standard of care related expert designations, the Atqasuk, Alaska Construction Expert Directory provides a wide range of trial support and construction consulting services to attorneys and construction practice groups concerned with construction defect and claims matters. BHA provides construction claims and trial support services to the industry's leading construction attorneys, Fortune 500 builders, insurers, owners, as well as a variety of public entities. Utilizing 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 Atqasuk region.

    Atqasuk Alaska construction project management expert witnessAtqasuk Alaska building code expert witnessAtqasuk Alaska structural engineering expert witnessesAtqasuk Alaska forensic architectAtqasuk Alaska eifs expert witnessAtqasuk Alaska architectural expert witnessAtqasuk Alaska expert witness structural engineer
    Construction Expert Witness News & Info
    Atqasuk, Alaska

    The Partial Building Collapse of the 12-Story Florida Condo

    June 28, 2021 —
    On Thursday, the Champlain Towers South Condo building in Surfside, Florida suffered a partial collapse. As of Monday morning, the official death toll stood at 10 with 151 persons unaccounted for, according to the Miami Herald. NPR uncovered minutes from a November 15th, 2018 Chaplain Tower South Condominium Association board meeting where the inspector made assurances that “the building was ‘in very good shape.’” However, “an engineering report from five weeks earlier” alleged “that failed waterproofing in a concrete structural slab needed to be replaced ‘in the near future.’” Daniella Levine Cava, the Miami-Dade County mayor, told reporters that “officials ‘knew nothing’ about the report.” The New York Times on Sunday reported that experts looking at video footage of the incident believe that the cause is centered on a location “in the lowest part of the condominium complex — possibly in or below the underground parking garage — where an initial failure could have set off a structural avalanche.” The cause of the incident remains unclear, however. This “progressive collapse” could have been caused by a number of different factors “including design flaws or the less robust construction allowed under the building codes of four decades ago.” A witness, according to the New York Times, saw a hole appear near the pool: “Michael Stratton said his wife, Cassie Stratton, who is missing, was on the phone with him and was looking out through the window of her fourth-floor unit when, she told him, the hole appeared. After that, the call cut off.” Possible reasons for the “initial failure at the bottom of the building could include a problem with the deep, reinforced concrete pilings on which the building sits — perhaps set off by an unknown void or a sinkhole below — which then compromised the lower columns. Or the steel reinforcing the columns in the parking garage or first few floors could have been so corroded that they somehow gave way on their own. Or the building itself could have been poorly designed, built with substandard concrete or steel — or simply with insufficient steel at critical points.” "It will take many months to complete the analysis necessary to understand the cause or causes of the collapse,” Eric Ruzicka, a partner at the international law firm Dorsey & Whitney and a commercial litigator who specializes in the area of construction and real estate litigation, stated in a media release. “Often, information that comes out early can be very misleading or misunderstood unless the full context of the information is known.” Ruzicka explained that Florida’s statues of limitations and repose may be relevant. “These statutes will likely eliminate the liability of those involved in the original development, design and construction of the building. Rather, victims and their families' recovery will be limited to those involved in the building's maintenance and those assessing the condition of the building over the past four years.” Miami and Sunny Isles Beach have announced they will audit older structures in their communities “ahead of the mandatory 40-year recertification,” the Miami Herald reported. Read the full story (Miami Herald)... Read the full story (NPR)... Read the full story (NY Times)... Read the court decision
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    No Duty to Defend Under Renter's Policy

    May 03, 2021 —
    The court agreed that the insurer had no potential liability under a policy where the insured allegedly concealed facts and made misrepresentations regarding the condition of the property it sold. State Farm Fire & Cas. Co. v. TFG Enterprises, LLC, 2021 Neb. LEXIS 27 (Neb. Feb. 19, 2021). TFG sold a house to Jeffrey Barkhurst. Thereafter, Barkhurst filed suit alleging that TFG failed to disclose and actively concealed several defects, including water intrusion, the presence of mold, substandard repairs and structural issues. State Farm agreed to TFG defend under a reservation of rights. State Farm then filed a declaratory judgment action to determine its obligations under the policy. State Farm relied upon various exclusions in the rental policy issued to TFG. The exclusions provided there would be no liability coverage for "property damage to property owned by an insured"; "property damage to property rented to, occupied or used by or in the care of the insured"; or "property damage to premises the insured sells. . . if the property damage arises out of these premises." Read the court decision
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    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at

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

    May 17, 2021 —
    Pursuant to the Sutton Doctrine, first announced in Sutton v. Jondahl, 532 P.2d 478 (Okla. Ct. App. 1975), some jurisdictions consider a tenant a coinsured of its landlord absent an express agreement to the contrary. In Ro v. Factory Mut. Ins. Co., No. 2019-0620, 2021 N.H. LEXIS 34 (Mar. 10, 2021), the Supreme Court of New Hampshire held that the Sutton Doctrine, adopted by New Hampshire in Cambridge Mut. Fire Ins. Co. v. Crete, 846 A.2d 521 (N.H. 2004), extends to resident students in a college dormitory. Thus, absent specific language to the contrary, a student is an implied coinsured under the fire insurance policy issued for his or her dormitory. In 2016, two students at Dartmouth College, Daniel Ro and Sebastian Lim, set up a charcoal grill on a platform outside of a fourth-floor window in the Morton Hall dormitory. The grill started a fire on the platform that ultimately spread to the roof of the dormitory. During fire suppression efforts, all four floors of the dormitory sustained significant water damage. Following the loss, the building’s insurer, Factory Mutual Insurance Company (Insurer), paid $4,544,313.55 to the Trustees of Dartmouth College for the damages. Read the court decision
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    Reprinted courtesy of Kyle Rice, White and Williams
    Mr. Rice may be contacted at

    South Caroline Holds Actual Cash Value Can Include Depreciation of Labor Costs

    July 05, 2021 —
    Answering a certified question, the South Carolina Supreme Court held that the insurer could calculate actual cash value (ACV) by including an estimate of the depreciation of embedded labor costs. Butler v. Travelers Home & Marine Ins. Co., 2021 S. C. LEXIS 51 (S.C. May 12, 2021). Two insureds had their homes damaged in separate fires. Each held homeowners' policies with Travelers. The policies provided replacement cost value coverage to repair or replace damaged portions of homes. In the event that the insures chose not to immediately repair or replace the damaged home, the policies afforded payment to the insured for the actual cash value instead of replacement cost value. Both insured elected not to immediately repair or replace their homes, thereby deciding to accept a cash payment for the ACV of the damaged property. Neither was satisfied with the payment and both filed suit in federal district court. Travelers determined the ACV payment by estimating the replacement cost value (RCV) of the damage and then subtracting depreciation. The certified question presented by the federal district court was whether Travelers could depreciate the labor component of the costs of repair or replacement when determining the ACV. Read the court decision
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    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at

    The Value of Photographic Evidence in Construction Litigation

    April 26, 2021 —
    If a picture is worth a thousand words, can it be worth a thousand dollars? Ten thousand? Maybe, if it provides key evidence in a construction dispute. Litigating a construction case involves each side telling their story. Details and visual context make a story compelling. Evidence and corroboration make a story persuasive. Photographs can help on both of these fronts. The Value of Photographic Evidence in Construction Litigation Consider the following examples:
    • A dispute relates to the timeliness of particular work. An employee has a memory of a load of materials arriving to the site later than it should have, but the records are incomplete or ambiguous about when it actually occurred. If the employee also took a photo of the materials, on the day they arrived, they could match up the date of the photo to their memory and build a clear timeline.
    • A dispute relates to the presence or absence of obstructions in drilled shafts. There are no available photographs or videos of the work due to site restrictions. Presentation of this type of case may be severely limited by not being able to show photos depicting the size, shape and type of material removed from the shafts, and by the lack of video depicting the work.
    Reprinted courtesy of Marie Mueller, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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    Wilke Fleury Attorneys Featured In Northern California Super Lawyers 2021!

    July 25, 2021 —
    Wilke Fleury is proud to announce that 15 of our astounding attorneys were featured in the Annual List of Top Attorneys in the 2021 Northern California Super Lawyers magazine. Super Lawyers rates attorneys in each state using a patented selection process; they also publish a yearly magazine issue that regularly produces award-winning features on selected attorneys. 1 of 15, Michael Polis, was also recognized on Page 9. Polis’ second job as a farmer was highlighted with a column and some neat photos. Read the court decision
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    Reprinted courtesy of Wilke Fleury LLP

    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 court decision
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    Reprinted courtesy of Eric D. Suben, Traub Lieberman
    Mr. Suben may be contacted at

    Amada Family Limited Partnership v. Pomeroy: Colorado Court of Appeals Expressly Affirms the Continuing Viability of the Common-Law After-Acquired Title Doctrine and Expressly Recognizes Utility Easements by Necessity

    June 28, 2021 —
    On May 27, 2021, a division of the Colorado Court of Appeals issued its opinion in Amada Family Limited Partnership v. Pomeroy, 2021 COA 73. In that case, the court decided two significant issues that apparently had never been expressly ruled on by a Colorado appellate court before: (1) that Colorado’s common-law after-acquired title doctrine was not abrogated by adoption of the after-acquired interest statute; and (2) that utility easements may be implied by necessity. As is often the case in matters involving access and implied property rights, the facts and history underlying Amada are complicated, but the case’s two most significant rulings are not. Instead, the basic legal principles established (or confirmed) in Amada appear to be broadly applicable, and real property practitioners should take note of these significant developments (or clarifications) in the law. Read the court decision
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    Reprinted courtesy of Luke Mecklenburg, Snell & Wilmer
    Mr. Mecklenburg may be contacted at