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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

    Haight Welcomes Robert S. Rucci

    Massachusetts Roofer Killed in Nine-story Fall

    Does Arbitration Apply to Contemporaneously Executed Contracts (When One of the Contracts Does Not Have an Arbitration Provision)?

    Contract Change #1- Insurance in the A201 (law note)

    NEW DEFECT WARRANTY LAWS – Now Applicable to Condominiums and HOAs transitioning from Developer to Homeowner Control. Is Your Community Aware of its Rights Under the New Laws?

    Arbitration—No Opportunity for Appeal

    Massachusetts High Court to Decide if Insurers Can Recoup Defense Costs

    Faulty Workmanship Exclusion Does Not Bar Coverage

    The Comcast Project is Not Likely to Be Shut Down Too Long

    New Iowa Law Revises Construction Defects Statute of Repose

    Golf Resorts Offering Yoga, Hovercraft Rides to the Green

    New Hampshire Asbestos Abatement Firm Pleads Guilty in Federal Fraud Case

    Insurer Must Defend Contractor Against Claims of Faulty Workmanship

    OH Supreme Court Rules Against General Contractor in Construction Defect Coverage Dispute

    The Condominium Warranty Against Structural Defects in the District of Columbia

    Contractor’s Charge Of Improvements To Real Property Not Required For Laborers To Have Lien Rights

    Construction Defect Reform Dies in Nevada Senate

    Colorado House Bill 1279 Stalls over 120-day Unit Owner Election Period

    Do We Really Want Courts Deciding if Our Construction Contracts are Fair?

    City of Birmingham Countersues Contractor for Incomplete Work

    Hospital Inspection to Include Check for Construction Defects

    Chinese Billionaire Developer Convicted in UN Bribery Case

    Brooklyn’s Industry City to Get $1 Billion Modernization

    Blackstone Said to Sell Boston Buildings for $2.1 Billion

    Vallagio v. Metropolitan Homes: The Colorado Court of Appeals’ Decision Protecting a Declarant’s Right to Arbitration in Construction Defect Cases

    BHA Attending the Construction Law Conference in San Antonio, Texas

    National Demand Increases for Apartments, Refuting Calls for Construction Defect Immunity in Colorado

    Colorado Supreme Court Issues Decisions on Statute of Limitations for Statutory Bad Faith Claims and the Implied Waiver of Attorney-Client Privilege

    Claims for Bad Faith and Punitive Damages Survive Insurer's Motion for Summary Judgment

    Mandatory Arbitration Provision Upheld in Construction Defect Case

    Top 10 Construction Contract Provisions – Changes and Claims

    Misread of Other Insurance Clause Becomes Costly for Insurer

    Why You Should Consider “In House Counsel”

    Construction Up in Northern Ohio

    White and Williams Elects Four Lawyers to Partnership, Promotes Six Associates to Counsel

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

    Strategy for Enforcement of Dispute Resolution Rights

    Arbitrator May Use Own Discretion in Consolidating Construction Defect Cases

    An Expert’s Qualifications are Important

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

    Builder Must Respond To Homeowner’s Notice Of Claim Within 14 Days Even If Construction Defect Claim Is Not Alleged With The “Reasonable Detail”

    Colorado’s Federal District Court Finds Carriers Have Joint and Several Defense Duties

    Homeowner Sues Brick Manufacturer for Spalling Bricks

    Learning from Production Homes of the Past

    Late Filing Contractor Barred from Involving Subcontractors in Construction Defect Claim

    Lien Law Unlikely To Change — Yet

    Caterpillar Forecast Tops Estimates as Construction Recovers

    Considerations in Obtaining a Mechanic’s Lien in Maryland (Don’t try this at home)

    Granting Stay, Federal Court Reviews Construction Defect Coverage in Hawaii

    Contractor Sues Construction Defect Claimants for Defamation
    Corporate Profile


    The Ashburn, Virginia Building Expert Group at BHA, leverages from the experience gained through more than 5,500 construction related expert witness designations encompassing a wide spectrum of construction related disputes. Leveraging from this considerable body of experience, BHA provides construction related trial support and expert services to Ashburn's most recognized construction litigation practitioners, commercial general liability carriers, owners, construction practice groups, as well as a variety of state and local government agencies.

    Building Expert News & Info
    Ashburn, Virginia

    Hartford Stadium Controversy Still Unresolved

    September 22, 2016 —
    The Hartford Yard Goats and the city of Hartford, Conn., say Arch Insurance—the surety for the dual developer/prime contractor of the minor-league baseball team’s new, unfinished stadium—has committed to helping complete the project now that the team and its developer have acrimoniously split. Read the court decision
    Read the full story...
    Reprinted courtesy of Scott Van Voorhis, Engineering News-Record
    ENR may be contacted at

    California Department of Corrections Gets Hit With the Prison Bid Protest Blues

    October 16, 2018 —
    “I’m breakin’ rocks in the hot sun . . . I fought the law and the law won . . . I needed money ’cause I had none . . . I fought the law and the law won” – The Clash, I Fought the Law (1978) In the recent case, West Coast Air Conditioning Company, California Department of Corrections and Rehabilitation, Case No. D071106 (February 22, 2018), those lyrics could be aptly revised to, “the law fought the courts and the courts won.” West Coast Air Conditioning Company, Inc. v. California Department of Corrections In February 2015, the California Department of Corrections and Rehabilitation (CDCR) published an invitation for bids for a new central air conditioning plant for the Ironwood State Prison in Blythe, California. West Coast Air Conditioning Company, Inc., Hensel Phelps Construction Co., and four other companies submitted bids. Read the court decision
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    Reprinted courtesy of Garret Murai, Wendel, Rosen, Black & Dean LLP
    Mr. Murai may be contacted at

    The Great Fallacy: If Builders Would Just Build It Right There Would Be No Construction Defect Litigation

    January 21, 2015 —
    As the 2015 Colorado legislative session gets into full swing, there is a lot of anticipation and discussion regarding this year’s construction defect reform bill. It seems like every time a reporter broaches this issue in an article, there is a quote from a plaintiffs’ attorney stating that if builders would just build homes right, there would be no need for construction defect litigation. This is the sentiment expressed in the site The problem with this argument is that it assumes that the “construction defects” for which associations sue are those only that affect the performance of the homes, or are likely to affect the performance of the homes during the useful life of the component at issue. Unfortunately, this is simply not the case. Over the years, the plaintiffs’ bar has stacked the deck, so to speak, making actionable every technical building code violation, regardless of whether it has any impact, or will ever likely have any impact, on the performance of the homes involved. Read the court decision
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    Reprinted courtesy of David M. McLain, Higgins, Hopkins, McLain & Roswell, LLC
    Mr. McLain may be contacted at

    Dallas Condo Project to Expand

    November 20, 2013 —
    Cooper & Stebbins has announced that they are building additional units at Southlake Town Square. One set of additions will expand the Garden District Brownstones, which were built in 2006. There will additionally be a five-story building to be called The Residences. Southlake Town Square is a mixed-use development, combining retail and residences. Read the court decision
    Read the full story...
    Reprinted courtesy of

    Thank Your Founding Fathers for Mechanic’s Liens

    August 04, 2015 —
    Yep, our founding fathers, Thomas Jefferson and James Madison specifically, Craig Martin, Construction Attorney Lamson Dugan & Murray LLPwere responsible for proposing the first mechanic’s lien laws in the United States. Mechanic’s liens were not a new concept when the first law was passed in the United States; France, Spain and other countries already had them. But, in England, where landownership was limited to the upper classes, the concept of giving a tradesman an interest in the land for his labors was a truly foreign concept. The Early Years—Pre Mechanic Lien In the 1700s, there was no right to a mechanic’s lien. The possession of land was never deemed to be changed by its improvement and the laborer or material supplier was held to have acquired no right of lien in the property. The only remedy the laborer or material supplier had was to bring an action against the land owner. If the laborer or material supplier obtained a judgment, he would acquire the lien of a judgment creditor. A Treatise on the law of Mechanics’ Liens on Real and Person Property, 1893. Read the court decision
    Read the full story...
    Reprinted courtesy of Craig Martin, Lamson, Dugan and Murray, LLP
    Mr. Martin may be contacted at

    Florida County Suspends Impact Fees to Spur Development

    November 18, 2011 —

    Hernando County, just north of Tampa on Florida’s west coast, has suspended impact fees for a year, hoping to spur development. Hernando Today reports that the move drew applause from the audience at the county commissioners meeting. Many of those in attendance were builders or members of the Greater Hernando Chamber of Commerce.

    Not all were convinced. Frankie Burnett, the mayor of Brooksville, told the commissioners that his city council were not convinced that this would spur development. “Development should pay its fair share, even in slow economic times.” Burnett’s letter to the board warned that “if lowering impact fees succeeded in stimulating more residential overbuilding, it would only further depress the current real estate market.”

    Read the full story…

    Read the court decision
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    Reprinted courtesy of

    Vallagio v. Metropolitan Homes: Colorado Supreme Court Upholds Declarant Consent Provision to Amend Arbitration Out of Declarations

    June 15, 2017 —
    On June 5, 2017, the Colorado Supreme Court announced the Vallagio at Inverness Residential Con. Ass’n v. Metro. Homes, Inc., No. 15SC508, 2017 CO 69 (Colo. June 5, 2017) decision. In short, the Colorado Supreme Court upheld the validity of declarant “consent-to-amend” provisions and expressly held that claims under the Colorado Consumer Protection Act are arbitrable. By way of background, the Vallagio at Inverness Residential Condominiums were developed by Metro Inverness, LLC, (“Declarant”) which also served as the declarant for its homeowners association. Metropolitan Homes was Metro Inverness’ manager and the general contractor on the project. Greg Krause and Peter Kudla served as declarant-appointed members of the Association’s board during the period of declarant control. When it set up the Association, the Declarant included within the Association’s declaration a mandatory arbitration provision specifically for construction defect claims. This provision stated that it “shall not ever be amended without the written consent of Declarant and without regard to whether Declarant owns any portion of the Real Estate at the time of the amendment.” Read the court decision
    Read the full story...
    Reprinted courtesy of Jean Meyer, Higgins, Hopkins, McLain & Roswell, LLC
    Mr. Meyer may be contacted at

    Battle of Experts Cannot Be Decided on Summary Judgment

    June 13, 2018 —
    When two competing experts disagreed on the cause of the loss, the trial court erred in granting summary judgment to the insurer. Garcia v. Firs Community Ins. Co., Fla. App. LEXIS 4237 (Fla. Ct. App. March 28, 2018). Garcia, the homeowner, discovered water damage in his home, allegedly due to a roof leak. Garcia notified his insurer, First Community Insurance Company. A forensic engineer, Ivette Acosta, was retained by First Community to inspect the property. After the inspection, coverage was denied. The homeowner's policy covered direct loss to property only if the loss was a physical loss. Loss caused by ""rain snow, sleet, sand or dust to the interior of a building was excluded unless a covered peril first damaged the building causing an opening in a roof or wall and the rain, snow, sleet, sand or dust enters through this opening." Loss caused by wear and tear, marring, or deterioration was also excluded. Read the court decision
    Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii
    Mr. Eyerly may be contacted at