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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".

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

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    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

    Is Solar the Next Focus of Construction Defect Suits?

    Remodel Gets Pricey for Town

    Homebuyers Aren't Sweating the Fed

    Court of Appeal Opens Pandora’s Box on Definition of “Contractor” for Forum Selection Clauses

    Remodel Leads to Construction Defect Lawsuit

    Construction Firms Complain of Missed Payments on Redevelopment Project

    Almost Half of Homes in New York and D.C. Are Now Losing Value

    California Condo Architects Not Liable for Construction Defects?

    Is Arbitration Okay Under the Miller Act? It Is if You Don’t Object

    Resurgent Housing Seen Cushioning U.S. From World Woes: Economy

    Construction Slow to Begin in Superstorm Sandy Cases

    Bank Window Lawsuit Settles Quietly

    Sold Signs Fill Builder Lots as U.S. Confidence Rises: Economy

    Fannie Mae, Freddie Mac Shares Fall on Wind-Down Measure

    Fixing the Problem – Not the Blame

    Business Interruption, Food Spoilage Claims Resulting from Off Premise Power Failure Denied

    Stacking of Service Interruption and Contingent Business Interruption Coverages Permitted

    The Anatomy of a Construction Dispute- The Claim

    Harmon Tower Demolition on Hold Due to Insurer

    Brazil's Detained Industry Captain Says No Plea Deals Coming

    Eastern District of Pennsylvania Denies Bad Faith Claim in HO Policy Dispute

    Travelers v. Larimer County and the Concept of Covered Cause of Loss

    Colorado HB 13-1090: Concerning Payment of Amounts Due Under a Construction Agreement

    What Buyers Want in a Green Home—and What They Don’t

    No Coverage For Construction Defects When Complaint Alleges Contractual Damages

    Study Finds Mansion Tax Reduced Sales in New York and New Jersey

    Patent or Latent: An Important Question in Construction Defects

    Labor Code § 2708 Presumption of Employer Negligence is Not Applicable Against Homeowners Who Hired Unlicensed Painting Company

    Pollution Exclusion Prevents Coverage for Injury Caused by Insulation

    Changing Course Midstream Did Not Work in River Dredging Project

    The Hidden Dangers of Construction Defect Litigation

    Damages in First Trial Establishing Liability of Tortfeasor Binding in Bad Faith Trial Against Insurer

    One Insurer's Settlement with Insured Does Not Bar Contribution Claim by Other Insurers

    Follow Up on Continental Western v. Shay Construction

    Nevada Supreme Court Declares Subcontractor Not Required to Provide Pre-Litigation Notice to Supplier

    Zombie Foreclosures Plaguing Various Cities in the U.S.

    Seattle Condos, Close to Waterfront, Construction Defects Included

    New York Bridge to Be Largest Infrastructure Project in North America

    Renters Who Bought Cannot Sue for Construction Defects

    No Jail Time for Disbarred Construction Defect Lawyer

    Federal Court Predicts Coverage In Nevada for Damage Caused by Faulty Workmanship

    Pollution Exclusion Bars Coverage for Damage Caused by Tar Escaping From Roof

    Motion to Dismiss Denied Regarding Insureds' Claim For Collapse

    The Big Three: The 9th Circuit Joins The 6th Circuit and 7th Circuit in Holding That Sanctions For Bad-Faith Litigation Tactics Can Only Be Awarded Against Individual Lawyers and Not Law Firms

    Boston Building Boom Seems Sustainable

    What are the Potential Damages when a House is a Lemon?

    Insurance Company Prevails in “Chinese Drywall” Case

    Connecticut Court Clarifies Construction Coverage

    No Concrete Answers on Whether Construction Defects Are Occurrences

    Understanding Indiana’s New Home Construction Warranty Act
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    The Ashburn, Virginia Building Expert Group at BHA, leverages from the experience gained through more than 4,500 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

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

    June 09, 2016 —
    This article pertains to needed condominium construction defect warranty reform legislation that the Maryland Legislature has been reluctant to enact into law. Below is an explanation of the legislation and a list of practical steps CAI members can take to support the legislation during the upcoming 2017 legislative session. Background The warranty reform legislation was unsuccessfully introduced during the 2016 legislative session as “Senate Bill 250” (“SB 250”) and “House Bill 1170” (“HB 1170”). Both bills were identical, one being filed in the Senate and the other in the House of Delegates. Read the court decision
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    Reprinted courtesy of Nicholas D. Cowie, Cowie & Mott, P.A.
    Mr. Cowie may be contacted at

    Superior Court Of Pennsylvania Holds Curb Construction Falls Within The Scope Of CASPA

    September 17, 2014 —
    In Prieto Corp. v. Gambone Construction Co., the Superior Court of Pennsylvania recently considered three issues arising out of a construction dispute, including whether construction of a curb falls within the scope of the Contractor and Subcontractor Payment Act (CASPA), 73 P.S. §§ 501-516. CASPA is a Pennsylvania statute which is intended to protect contractors and subcontractors from abuses in the building industry and which establishes certain rules and deadlines for payments between owners, contractors, and subcontractors. Failure to abide by the act’s payment requirements subjects an owner or contractor to liability for interest, penalties and attorneys fees. In this case, Prieto was a subcontractor hired by Gambone to construct concrete or Belgian block curbs at Gambone’s property developments. Prieto sued Gambone under CASPA for failure to pay its invoices for four projects. After the trial court entered judgment for Prieto, Gambone appealed, arguing that CASPA did not encompass the work at issue, i.e. the construction of curbs, because curbs did not constitute an improvement to real property. Reprinted courtesy of Jerrold Anders, White and Williams LLP and Michael Jervis, White and Williams LLP Mr. Anders may be contacted at; Mr. Jervis may be contacted at Read the court decision
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    Reprinted courtesy of

    What Does It Mean When a House Sells for $50 Million?

    September 10, 2014 —
    One of the byproducts of the global financial crisis has been the creation of a new class of housing and buyers. Some of the strongest evidence is the rise in the number of residences sold for more than $50 million. A buyer recently paid a record $71.3 million for a Manhattan co-op, breaking the $70 million record set only a few months earlier. These sales seem modest compared with a $147 million sale in East Hampton, New York, and a $120 million sale in Greenwich, Connecticut, the two highest U.S. residential transactions in 2014. There have been six sales of more than $100 million in the past four years, with more likely to come. Wealthy investors have benefited from rising stock markets, while preserving capital by acquiring assets such as U.S. residential real estate. However, the high-end market isn't a proxy for the health of the broader U.S. housing market. Unlike the buyers in the market's upper strata, who often are foreign and all-cash purchasers, the majority of U.S. homebuyers remain dependent on access to credit. And today's tight lending conditions aren’t expected to ease anytime soon. According to the Federal Reserve, only a small number of banks have recently eased mortgage standards. Read the court decision
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    Reprinted courtesy of Jonathan J. Miller, Bloomberg
    Mr. Miller may be contacted at

    As Single-Family Homes Get Larger, Lots Get Smaller

    September 03, 2014 —
    The National Association of Home Builders’ (NAHB) Eye on Housing demonstrated that though the “single-family homes have been generally getting larger,” the average lot size has decreased over the years. For instance, from 1992-1995, “[t]he median lot size of a new single-family detached home sold was an even 10,000 square feet.” However, by 2004, lot size had decreased to 8,833 square feet. It bounced up to 9,000 and then came down again. In 2013, median lot size was 8,720 square feet. Read the court decision
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    Reprinted courtesy of

    Developer Boymelgreen Forced to Hand Over Financial Records for 15 Broad Street

    September 24, 2014 —
    The Manhattan Supreme Court “denied a last-ditch effort by Jeshayahu Boymelgreen to avoid handing over financial records as part of a state investigation into the development of 15 Broad Street in the Financial District,” according to The Real Deal. Attorney General Eric Schneiderman had ordered Boymelgreen to turn over the records. Futhermore, according to court records (as reported in The Real Deal), “the developer was also seeking to reduce the amount of money required to fund a $470,000 escrow account to make repairs at the condo — known as Downtown by Starck — which Boymelgreen jointly developed with Africa Israel.” “We’re glad to see that the courts are rejecting Boymelgreen’s arguments why he shouldn’t be required to maintain an escrow account as security for the sponsor to obtain a permanent certificate of occupancy for 15 Broad, as was set forth in the very offering he participated in with Africa Israel,” Steven Sladkus, attorney for unit owners at the condo, stated. “Accountability is one step closer to the light at the end of the tunnel.” Brian Itzkowitz, an attorney representing Boymelgreen, did not return The Real Deal’s calls or emails. Read the court decision
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    Reprinted courtesy of

    Green Buildings Could Lead to Liabilities

    March 28, 2012 —

    Attempts to build “green,” reducing energy costs and increasing the use of sustainable building materials, may lead to more lawsuits, according to a report issued by the British Columbia Construction Association. The report warned those who were going to build green look into the implications. The report looked at the result of green building practices and requirements adopted in the United States.

    The report warns that “the use of novel, less harmful building material or new construction techniques may give rise to liability due to: contractor inexperience with installation; lack of long-term evaluation of green materials; lack of understanding of how new building materials may impact existing traditional building systems; or warranties provided unintentionally about the durability or effectiveness of unproven materials or techniques.”

    Manley McLachlan, president of the BCAA noted that they are aware of “legal action around the performance of the buildings,” noting that while fast-growing trees help toward LEED certification, their wood is more prone to mold. He also felt that low-VOC paints needed more testing to prove their durability as exterior finishes.

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    The Harmon Hotel Construction Defect Trial to Begin

    October 29, 2014 —
    The trial involving the Las Vegas Harmon Hotel, which is currently being demolished piece by piece due to construction defects, is ready to begin six years after the defects were first discovered, reported the Las Vegas Review-Journal. It’s an unusual case for multiple reasons. The trial is expected to last a year, and the number of attorneys involved in the case required chairs to be removed from the galley to accommodate lawyer tables, which are wired with monitors and microphones. In addition, “two 80-inch monitors are being installed for the jury.” The Las Vegas Review-Journal further reported that “each party will have its own technology team to display the more than 3 million digitally stored pieces of evidence.” Michael Doan, the court’s information technology director, told the Las Vegas Review-Journal that the “paper list of that evidence fills more than 100 document-storage boxes.” The case “involves more than $400 million in damage claims.” Construction on the Harmon Tower was stopped after a “structural engineer hired by MGM Resorts determined the building was unsafe and could topple if an earthquake of a magnitude of 7.7 were to hit Las Vegas.” Read the court decision
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    Reprinted courtesy of

    The Activist Group Suing the Suburbs for Bigger Buildings

    December 10, 2015 —
    In a speech last month, Council of Economic Advisers Chairman Jason Furman blamed zoning restrictions—local land-use rules governing things like how tall buildings can grow—for the lack of affordable housing, lost economic productivity, and rising inequality across the U.S. On Tuesday, a San Francisco activist named Sonja Trauss took Furman's argument to the streets, filing a lawsuit in Contra Costa County (Calif.) to fight what she sees as a lost opportunity to build more housing. Trauss's organization, the San Francisco Bay Area Renters Federation (yes, SFBARF), is suing the City of Lafayette, a Bay Area suburb of about 25,000, to block plans to build 44 single-family homes on a plot of land once slated for a 315-unit apartment complex. Her argument relies on a three-decade-old California law intended to check local governments’ ability to reduce the density of certain construction projects. Called the Housing Accountability Act, the law has been used successfully by developers of affordable housing who have had their projects blocked, Trauss said, but never by an advocacy group advocating for greater density as a public good. Read the court decision
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    Reprinted courtesy of Patrick Clark, Bloomberg