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    Construction Expert Witness Builders Information
    Pilot Station, 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 Pilot Station Alaska

    Commercial and Residential Contractors License Required


    Construction Expert Witness Contractors Building Industry
    Association Directory
    Mat-Su Home Builders Association
    Local # 0230
    609 S KNIK GOOSE BAY RD STE G
    Wasilla, AK 99654
    http://www.matsuhomebuilders.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

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

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

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

    Southern Southeast Alaska Building Industry Association
    Local # 0240
    PO Box 6291
    Ketchikan, AK 99901
    http://www.sealaskabuilders.com


    Construction Expert Witness News and Information
    For Pilot Station Alaska

    Billionaire Row Condo Board Sues Developers Over 1,500 Building Defects

    Flow-Down Clauses Can Drown Your Project

    Wendel Rosen Attorneys Named as Fellows of the Construction Lawyers Society of America

    State Audit Questions College Construction Spending in LA

    The Secret to Success Is Doing Things a Little Bit Differently

    Changes in the Law on Lien Waivers

    Allegations of Actual Property Damage Necessary to Invoke Duty to Defend

    Coyness is Nice. Just Not When Seeking a Default Judgment

    Guidance for Construction Leaders: How Is the Americans With Disabilities Act Applied During the Pandemic?

    Construction Cybercrime Is On the Rise

    Measure of Damages in Negligent Procurement of Surety Bonds / Insurance

    General Release of Contractor Upheld Despite Knowledge of Construction Defects

    After 60 Years, I-95 Is Complete

    Be Proactive, Not Reactive, To Preserve Force Majeure Rights Regarding The Coronavirus

    Courts Will Not Rewrite Your Post-Loss Property Insurance Obligations

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    The Colorado Court of Appeals Rules that a Statutory Notice of Claim Triggers an Insurer’s Duty to Defend.

    Understand and Define Key Substantive Contract Provisions

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    U.S. State Adoption of the National Electrical Code

    Assert a Party’s Noncompliance of Conditions Precedent with Particularity

    Sewage Treatment Agency Sues Insurer and Contractor after Wall Failure and Sewage Leak

    Terms of Your Teaming Agreement Matter

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    The Air in There: Offices, and Issues, That Seem to Make Us Stupid

    Minnesota Addresses How Its Construction Statute of Repose Applies to Condominiums

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    Predicting Our Future with Andrew Weinreich

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    California’s Fifth Appellate District Declares the “Right to Repair Act” the Exclusive Remedy for Construction Defect Claims
    Corporate Profile

    PILOT STATION ALASKA CONSTRUCTION EXPERT WITNESS
    DIRECTORY AND CAPABILITIES

    Through more than four thousand construction claims related expert witness designations, the Pilot Station, Alaska Construction Expert Directory delivers a wide range of trial support and consulting services to construction claims professionals seeking effective resolution of construction defect and claims matters. BHA provides construction claims investigation and expert services to the nation's leading construction practice groups, Fortune 500 builders, general liability carriers, owners, as well as a variety of public entities. Employing in house resources which comprise construction standard of care consultants, registered architects, professional engineers, and credentialed building envelope experts, the construction experts group brings specialized experience and local capabilities to Pilot Station and the surrounding areas.

    Pilot Station Alaska delay claim expert witnessPilot Station Alaska construction forensic expert witnessPilot Station Alaska building consultant expertPilot Station Alaska construction project management expert witnessesPilot Station Alaska fenestration expert witnessPilot Station Alaska construction claims expert witnessPilot Station Alaska structural engineering expert witnesses
    Construction Expert Witness News & Info
    Pilot Station, Alaska

    Nomos LLP Partners Recognized in Super Lawyers and Rising Stars Lists

    August 16, 2021 —
    Nomos LLP partners Garret Murai and Jennifer Tang have been recognized in Thompson Reuter’s 2021 Northern California Super Lawyers and 2021 Northern California Rising Start lists in the area of Construction Litigation. This is the eighth consecutive year for Garret on the Super Lawyers list and the fifth consecutive year for Jennifer on the Rising Star list. The Super Lawyers list recognizes no more than 5 percent of attorneys in each state. The Rising Stars list recognizes no more than 2.5 percent of attorneys in each state. To be eligible for inclusion in Rising Stars, a candidate must be either 40 years old or younger, or in practice for 10 years or less. Read the court decision
    Read the full story...
    Reprinted courtesy of Garret Murai, Nomos LLP
    Mr. Murai may be contacted at gmurai@nomosllp.com

    New World to Demolish Luxury Hong Kong Towers in Major Setback

    August 04, 2021 —
    New World Development Co. will demolish two towers at Hong Kong’s most popular housing development in decades and compensate buyers after finding unexpected defects, in a major setback for the real estate company. The developer will pull down and rebuild the existing floors of Towers 1 and 8 at its Pavilia Farm III project near Tai Wai station after it found the concrete strength in some areas did not meet design requirements, the Hong Kong-based company said in a statement. Shares of New World fell as much as 4.8% Thursday in Hong Kong, the most in more than seven months, before recovering to close 3.9% lower. Read the court decision
    Read the full story...
    Reprinted courtesy of Shawna Kwan, Bloomberg

    Measure Of Damages for Breach of Construction Contract

    October 18, 2021 —
    How do you determine damages for a breach of a construction contract? If you are interested in pursing a breach of a construction contract action, this is something you NEED TO KNOW! The recent Fourth District Court of Appeal’s decision in Cano, Inc. v. Judet, 46 Fla. L. Weekly D2083b (Fla. 4th DCA 201) explains:
    Where a contractor breaches a construction contract, and the owner sues for breach of contract and the cost to complete, the measure of damages is the difference between the contract price and the reasonable cost to perform the contract. See Grossman Holdings Ltd. v. Hourihan, 414 So. 2d 1037, 1039-40 (Fla. 1982). In Grossman, the supreme court adopted subsection 346(1)(a) of the Restatement (First) of Contracts (1932), which it concluded was “designed to restore the injured party to the condition he would have been in if the contract had been performed.” Id. at 1039. In other words, the owner will obtain the benefit of his bargain [and this is known as benefit of the bargain damages]. But where there is a total breach of the contract as opposed to a partial breach, an injured party may elect to treat the contract as void and seek damages that will restore him to the position that he was in prior to entering into the contract or the party may seek the benefit of his bargain. See McCray v. Murray, 423 So. 2d 559, 561 (Fla. 1st DCA 1982).
    In Judet, an owner entered into a fixed price contract with a contractor to repair damage from a lightning strike. The contract amount was $300,000 payable in $30,000 installments. A few months after the contractor commenced performance, the owner terminated the contractor because the owner learned the contractor had not obtained required electrical and plumbing permits. At this time, the owner had paid the contractor $90,000. The contractor recorded a $40,000 lien for an amount it claimed it was owed and filed a lawsuit to foreclose its construction lien. The owner counter-sued the contractor to recover a claimed over-payment and a disgorgement of monies for unpermitted work. The owner was NOT claiming benefit of the bargain damages, but rather, damages for the contractor’s total breach “to restore him to the position that he was in prior to entering into the contract.” Read the court decision
    Read the full story...
    Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
    Mr. Adelstein may be contacted at dma@kirwinnorris.com

    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
    Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    Daniel Ferhat Receives Two Awards for Service to the Legal Community

    July 19, 2021 —
    Partner Daniel Ferhat was recently recognized by The Philadelphia Association of Defense Counsel (PADC) with the President’s Award at PADC’s Annual Meeting. This award was given in recognition of Dan’s leadership as President of PADC over the past year. Recognized as the oldest continuously operating local defense organization in the United States, PADC is comprised of over 300 attorneys and acts as a voice for its members and the clients they serve on emerging issues of interest. Dan also received the Exceptional Performance Award from the Defense Research Institute (DRI), which is the largest international membership organization of attorneys defending the interests of businesses and individuals in civil litigation. DRI’s Exceptional Performance Award is given annually to an individual who has supported and improved the standards and education of the defense bar, and for having contributed to the improvement of the administration of justice in the public interest. Read the court decision
    Read the full story...
    Reprinted courtesy of Daniel Ferhat, White and Williams LLP
    Mr. Ferhat may be contacted at ferhatd@whiteandwilliams.com

    From Singapore to Rio Green Buildings Keep Tropical Tenants Cool

    June 07, 2021 —
    On a typically hot and humid afternoon in Singapore, a fresh breeze blows beneath the canopy of the South Beach development, keeping temperatures several degrees cooler than on the surrounding streets. The rippling 280-meter (919 feet) wave of steel-and-aluminum runs the length of the Norman Foster-designed complex, funneling prevailing winds over outdoor patrons of restaurants and bars and saving on air conditioning for the mixed-use complex. The canopy is covered with solar panels and catches rainwater to irrigate the gardens. Offices and apartment blocks designed to be green are springing up all over the world as architects reverse almost a century of trying to insulate workers from nature and instead try to adapt structures to their natural surroundings. The change is being driven by stricter building codes, a desire to cut energy costs and, in particular, demands from corporations and startups that need to show shareholders and customers they are meeting environmental standards. Reprinted courtesy of Andrew Janes, Bloomberg and Shawna Kwan, Bloomberg Read the court decision
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    Reprinted courtesy of

    Washington State Supreme Court Issues Landmark Decision on Spearin Doctrine

    September 29, 2021 —
    The Washington State Supreme Court’s recent decision in Lake Hills Invs., LLC v. Rushforth Constr. Co. No. 99119-7, slip op. at 1 (Wash. Sept. 2, 2021) marks the first time in over 50 years that it has ruled on the Spearin doctrine. The Court’s opinion clarified the contractor’s burden when asserting a Spearin defense and affirmed the jury’s verdict in favor of contractor AP Rushforth Construction Company (AP). The decision is a major win for Ahlers Cressman & Sleight PLLC attorneys Scott Sleight, Brett Hill, and Nick Korst, who represented AP throughout its long-running dispute with Lake Hills Investments, LLC (LH), including the two-month jury trial and the appeal. Leonard Feldman of Peterson | Wampold | Rosato | Feldman | Luna and Stephanie Messplay of Van Siclen Stocks & Firkins also represented AP on appeal. At trial, the owner—Lake Hills Investments, LLC (LH)—asserted it was entitled to $3 million in liquidated damages and $12.3 million for defects it alleged were caused by AP’s deficient workmanship. AP denied responsibility for the delays and most of the defects and requested payment of $5 million. Regarding LH’s defect claims, AP argued as an affirmative defense that the defects were caused by deficiencies in the plans and specifications provided by LH. This affirmative defense was rooted in the Spearin doctrine, which states that when the contractor follows plans and specifications provided by the owner, the contractor is not responsible for defects caused by the plans and specifications. Read the court decision
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    Reprinted courtesy of Cameron Sheldon, Ahlers Cressman & Sleight PLLC
    Ms. Sheldon may be contacted at cameron.sheldon@acslawyers.com

    Eighth Circuit Affirms Finding of Bad Faith, Award of Costs and Prejudgment Interest

    October 25, 2021 —
    The Eighth Circuit affirmed the district court's finding of bad faith and award to the insured of taxable costs and prejudgment interest. Selective Ins. Co. v. Sela, 2021 U.S. App. LEXIS 26062 (8th Cir. Aug. 30, 2021). The insured suffered two hail storms that damaged his home. In 2010, the first storm caused over half a million dollars in loss. Before submitting a claim to his original insurer or beginning any repairs, the insured secured a new policy with Selective. The policy did not exclude pre-existing damage, it did preclude coverage if the insured "willfully and with intent to defraud, concealed or misrepresented any material fact or circumstance relating to the insurance." Before issuing the policy, Selective appraised the property and assigned a $1.6 million value to the home. The insured then filed a claim with his original insurer and received $510,787.23 for actual cash value of his loss. Neither the terms of this settlement nor this new policy with Selective required the insured to repair all of the 2010 damage. Read the court decision
    Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at te@hawaiilawyer.com