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    Ashburn, 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".

    Building Expert Contractors Licensing
    Guidelines Ashburn Virginia

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

    Building Expert Contractors Building Industry
    Association Directory
    Northern Virginia Building Industry Association
    Local # 4840
    3901 Centerview Dr Suite E
    Chantilly, VA 20151

    Ashburn Virginia Building Expert 10/ 10

    The Top of Virginia Builders Association
    Local # 4883
    1182 Martinsburg Pike
    Winchester, VA 22603

    Ashburn Virginia Building Expert 10/ 10

    Shenandoah Valley Builders Association
    Local # 4848
    PO Box 1286
    Harrisonburg, VA 22803

    Ashburn Virginia Building Expert 10/ 10

    Piedmont Virginia Building Industry Association
    Local # 4890
    PO Box 897
    Culpeper, VA 22701

    Ashburn Virginia Building Expert 10/ 10

    Fredericksburg Area Builders Association
    Local # 4830
    3006 Lafayette Blvd
    Fredericksburg, VA 22408

    Ashburn Virginia Building Expert 10/ 10

    Augusta Home Builders Association Inc
    Local # 4804
    PO Box 36
    Waynesboro, VA 22980

    Ashburn Virginia Building Expert 10/ 10

    Blue Ridge Home Builders Association
    Local # 4809
    PO Box 7743
    Charlottesville, VA 22906

    Ashburn Virginia Building Expert 10/ 10

    Building Expert News and Information
    For Ashburn Virginia

    Don’t Kick the Claim Until the End of the Project: Timely Give Notice and Preserve Your Claims on Construction Projects

    Catch 22: “If You’re Moving Dirt, You Need to Control Your Dust” (But Don’t Use Potable Water!)

    PATH Station Designed by Architect Known for Beautiful Structures, Defects, and Cost Overruns

    California Governor Signs SB 496 Amending California’s Anti-Indemnity Statute

    Texas “Loser Pays” Law May Benefit Construction Insurers

    Lease-Leaseback Battle Continues as First District Court of Appeals Sides with Contractor and School District

    Construction Defects Are Occurrences, Says South Carolina High Court

    White and Williams Lawyers Recognized by Best Lawyers

    District Court denies Carpenters Union Motion to Dismiss RICO case- What it Means

    Woman Files Suit for Property Damages

    Pending Sales of U.S. Existing Homes Increase 0.8% in November

    Cost of Materials Holding Back Housing Industry

    In Real Life the Bad Guy Sometimes Gets Away: Adding Judgment Debtors to a Judgment

    Haight Brown & Bonesteel Ranked on the 2017 "Best Law Firms" List by U.S. News - Best Lawyers

    Delaware Settlements with Minors and the Uniform Transfer to Minor Act

    Perovskite: The Super Solar Cells

    The Construction Project is Late—Allocation of Delay

    Texas LGI Homes Goes After First-Time Homeowners

    Reference to "Man Made" Movement of Earth Corrects Ambiguity

    Unpaid Subcontractor Walks Off the Job and Wins

    Builder’s Be Wary of Insurance Policies that Provide No Coverage for Building: Mt. Hawley Ins. Co v. Creek Side at Parker HOA

    City Drops Impact Fees to Encourage Commercial Development

    Condo Board Goes after Insurer for Construction Defect Settlement

    OSHA Investigating Bridge Accident Resulting in Construction Worker Fatality

    Top 10 Construction Contract Provisions – Changes and Claims

    TRI Pointe Merges with Weyerhaeuser’s Real Estate Company

    ISO Proposes New Designated Premises Endorsement in Response to Hawaii Decision

    Insurer’s Discovery Requests Ruled to be Overbroad in Construction Defect Suit

    No Hiring Surge by Homebuilders Says Industry Group

    NY Supreme Court Rules City Not Liable for Defective Sidewalk

    Housing Buoyed by 20-Year High for Vet’s Loans: Mortgages

    The Association of Southern California Defense Counsel (ASCDC) and the Construction Defect Claims Managers Association (CDMA) Annual Construction Defect Seminar

    Homebuilders Opposed to Potential Change to Interest on Construction Defect Expenses

    Newmeyer & Dillion Attorney Casey Quinn Selected to the 2017 Mountain States Super Lawyers Rising Stars List

    A Relatively Small Exception to Fraud and Contract Don’t Mix

    Hotel Owner Makes Construction Defect Claim

    Happenings in and around the 2015 West Coast Casualty Seminar

    Time to Reform Construction Defect Law in Nevada

    Florida Lien Law and Substantial Compliance vs. Strict Compliance

    Is the Manhattan Bank of America Tower a Green Success or Failure?

    Defense for Additional Insured Not Barred By Sole Negligence Provision

    Deadly Fire in Older Hawaii High-Rise Causes Sprinkler Law Discussion

    Drowning of Two Boys Constitutes One Occurrence

    Spearin Doctrine as an Affirmative Defense

    No Duty to Defend Additional Insured for Construction Defects

    Haight Welcomes Robert S. Rucci

    He's the Top U.S. Mortgage Salesman. His Daughter Isn't Buying It

    Subcontractors Aren’t Helpless

    President Trump’s Infrastructure Plan Requires a Viable Statutory Framework (PPP Statutes)[i]

    Homebuilding Continues to Recover in San Antonio Area
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    Leveraging from more than 5500 construction defect and claims related expert witness designations, the Ashburn, Virginia Building Expert Group provides a wide range of trial support and consulting services to Ashburn's most acknowledged construction practice groups, CGL carriers, builders, owners, and public agencies. Drawing from a diverse pool of construction and design professionals, BHA is able to simultaneously analyze complex claims from the perspective of design, engineering, cost, or standard of care.

    Building Expert News & Info
    Ashburn, Virginia

    Construction Workers Unearth Bones

    June 28, 2011 —

    While digging for a new steam line at Eastern Michigan University, workers unearthed some old bones. Experts have yet to determine if the bones are human or animal, however Walter Kraft, the EMU vice president of communications, noted that a handle also unearthed might have come from a casket. Cindy Heflin, reporting in notes that until 1900 a Catholic cemetery was located in the area. Although the bodies were relocated, these may have been left behind.

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    Reprinted courtesy of

    Former Sponsor of the Lenox Facing Suit in Supreme Court

    January 13, 2014 —
    Lewis Futterman, former sponsor of the Lenox condominium in Harlem, New York, is being sued by the condo board for alleged “building code violations, construction defects, and fraud” according to New York Curbed. The residents claim that Futterman filed for bankruptcy in 2010 to avoid paying for repairs. The Lenox condo board filed suit in the New York Supreme Court last December 31st. The Lenox’s condo board claims that the building has “fundamental structural flaws, a defective roof and pervasive leakage,” reports Rowley Amato of New York Curbed. The board also claims the original offering plans were not the same as the units purchased by residents in 2006. Residents paid an estimated two hundred and sixty thousand to repair defects within the condominium, and they are pursuing a minimum of four million in damages. Katherine Clarke of The Real Deal stated that Futterman would only “say that the issue was between the residents and the construction company which built the project.” Read the full story at New York Curbed... Read the full story at The Real Deal... Read the court decision
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    Reprinted courtesy of

    Pay Loss Provision Does Not Preclude Assignment of Post-Loss Claim

    July 30, 2015 —
    The court determined that a policy's loss payment provision did not bar a post-loss assignment. One Call Prop. Servs. v. Sec. First Ins. Co., 2015 Fl. App. LEXIS 7643 (Fla. Ct. App. May 20, 2015). After One Cell performed emergency water removal for the insured, the insured assigned his rights to policy proceeds as payment. One Cell alleged that Security First refused to reimburse the insured adequately for the services provided. One Cell filed suit, and Security First moved to dismiss. The trial court granted the motion based upon the policy's non-assignment provision. One Cell appealed. One Cell argued post-loss assignments were valid under Florida law even when the policy contained an anti-assignment provision, and the right to payment accrued on the date of the loss. Read the court decision
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    Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii
    Mr. Eyerly may be contacted at

    Can General Contractors Make Subcontractors Pay for OSHA Violations?

    March 05, 2015 —
    OSHA has long held the opinion that general contractors may be held liable for subcontractor’s OSHA violations and the Eighth Circuit Court of Appeals, overseeing the Midwest, has agreed since 2009. To combat this risk, general contractors would be well served to incorporate targeted indemnity provisions into their subcontracts that require subcontractors to pay for all claims and costs associated with subcontractor caused OSHA violations. OSHA’s Multi-Employer Policy OSHA’s Multi-Employer Policy, a/k/a OSHA Instruction CPL 02-00-124, allows OSHA to cite multiple employers at a single worksite for creating a hazard, or for failing to prevent or correct a hazard, even if their own workers are not exposed to the hazard. A ‘‘controlling’’ or ‘‘correcting’’ employer is liable for hazards that it did not take ‘‘reasonable care’’ to detect and prevent. Read the court decision
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    Reprinted courtesy of Craig Martin, Lamson, Dugan and Murray, LLP
    Mr. Martin may be contacted at

    HOA Group Speaking Out Against Draft of Colorado’s Construction Defects Bill

    April 30, 2014 —
    Ed Sealover of the Denver Business Journal reported on a homeowner association group that has spoken out against the recent draft of Colorado’s Construction Defects bill. According to Sealover’s article, Senator Jessie Ulibarri claimed that the “proposed bill…would mandate that homeowners alleging that owner-occupied multi-family structures have major construction defects go through mediation or arbitration before a lawsuit can be filed.” Furthermore, the bill would require “written consent from a majority of unit owners” before the “executive board of a homeowners association files such a lawsuit.” The bill originated due to findings that “[l]ess than 2 percent of new housing stock being built in Colorado is in the form of condos, an anomaly that developers attribute to state laws that allow condo owners to file multi-million-dollar class-action lawsuits even if only a few of them want to move forward with the legal action.” However, Molly Foley-Healy, chairwoman of the Community Associations Institute (CLAC), spoke out against the bill: “Senator Ulibarri’s stated goal is to create more affordable housing, but this bill has nothing to do with affordable housing. Instead, it hurts the very people he said he wanted to help. It effectively blocks homeowners from holding builders responsible for their shoddy construction and leaves homeowners living in HOAs to pick up the tab for repairing the defects.” Read the court decision
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    Reprinted courtesy of

    World Cup May Pull Out of Brazil because of Construction Delays

    January 28, 2014 —
    Back in October of last year, CNN reported that a judge suspended construction at one of the stadiums being built for this summer’s World Cup in Brazil. The judge stated that the dangers for construction workers included "being buried, run over, falling from heights and being hit by material, among other serious risks,” according to CNN. Recently, the Los Angeles Times reported that FIFA is threatening to pull out of Brazil because of construction delays: “We cannot organize a match without a stadium,” Jerome Valcke, FIFA’s secretary general, as quoted in the Los Angeles Times. “This has reached a critical point.” The deadline for completion of the 12 World Cup stadiums was January 1st, but various delays—including “fatal construction accidents at stadiums in Sao Paulo, Brasilia, and Manaus” as well as worker walk offs over pay—forced FIFA to “relax” the deadline. Read the full story at CNN... Read the full story at the Los Angeles Times... Read the court decision
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    Reprinted courtesy of

    Inside the Old Psych Hospital Reborn As a Home for Money Managers

    October 28, 2015 —
    It’s the most exclusive club for financiers in Dallas. With seven Jeffersonian-style buildings and manicured lawns, Old Parkland looks more like a college campus than a hive of private-equity firms, hedge funds, foundations and family offices. But the 9.5-acre site, where an abandoned hospital once stood, is now home to some of the city’s wealthiest investors. Old Parkland is the pet project of Harlan Crow, 66, a son of swashbuckling real estate developer Trammell Crow, whose empire was in tatters when he gave up control in the late 1980s. It’s also a symbol of a decades-long effort to rebuild the family’s legacy. Step inside any of the buildings and you might think you’re in a museum, with Rodin sculptures in the hallways, a 17th century antique sofa in a lobby and a piece of curtain Abraham Lincoln is said to have grabbed after being shot on display. Read the court decision
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    Reprinted courtesy of Simone Foxman, Bloomberg

    Texas “Loser Pays” Law May Benefit Construction Insurers

    June 07, 2011 —

    Under a new law, Texas HB 274, the Texas Supreme Court will be making rules for motions to dismiss and to expedite suits of less than $100,000. The law also contains two “loser pays” provisions. If a lawsuit is found dismissed for having “no basis in fact or law,” the losing side must pay attorney costs. The other provision caps award of attorney fees if plaintiffs reject settlement offers. Texas Lawyer quotes Houston attorney Mike Gallagher as saying this will affect “the practice of everyone who handles significant lawsuits.”

    Gregory Marcum, whose practice includes construction defect litigation, plans to contact insurance companies, as the new law may save them money. “It will definitely be a factor in the defense strategy for handling a case.” He notes that “any insurance carrier would want that done.”

    Marcum notes that the offer-of-settlement rules only apply when cases go to trial. “Almost all cases settle.”

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