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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


    Lay Testimony Sufficient to Prove Diminution in Value

    Texas Condo Construction Defect Code Amended

    Product Liability Alert: Evidence of Apportionment of Fault Admissible in Strict Products Liability Action

    No Occurrence Where Contract Provides for Delays

    Lessee Deemed Statutory Employer, Immune from Tort Liability by Pennsylvania Court

    Thousands of London Residents Evacuated due to Fire Hazards

    Condo Buyers Seek to Void Sale over Construction Defect Lawsuit

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

    Builders Beware: A New Class Of Defendants In Asbestos Lawsuits

    S&P Near $1 Billion Mortgage Ratings Settlement With U.S.

    How Long is Your Construction Warranty?

    Dallas Condo Project to Expand

    Prevailing HOAs Not Entitled to Attorneys’ Fees in Enforcement Actions Brought Under Davis-Stirling

    FAA Plans Final Regulation on Commercial Drone Use by Mid-2016

    California Home Sellers Have Duty to Disclose Construction Defect Lawsuits

    What to Know Before Building a Guesthouse

    Preserving Your Construction Claim

    Sacramento Army Corps District Projects Get $2.1 Billion in Supplemental Appropriation

    Century Communities Acquires Dunhill Homes Las Vegas Operations

    #6 CDJ Topic: Construction Defect Legislative Developments

    Harmon Towers to Be Demolished without Being Finished

    Court Holds That Trimming of Neighbor’s Trees is Not an Insured Accident or Occurrence

    Security on Large Construction Projects. The Payment Remedy You Probably Never Heard of

    New York’s Highest Court Reverses Lower Court Ruling That Imposed Erroneous Timeliness Requirement For Disclaimers of Coverage

    Massachusetts High Court to Decide if Insurers Can Recoup Defense Costs

    Over a Hundred Thousand Superstorm Sandy Cases Re-Opened

    Give Way or Yield? The Jurisdiction of Your Contract Does Matter! (Law note)

    OSHA Extends Temporary Fall Protection Rules

    Structural Problems May Cause Year-Long Delay Opening New Orleans School

    California Fears El Nino's Dark Side Will Bring More Trouble

    An Era of Legends

    New York Court Rules on Architect's Duty Under Contract and Tort Principles

    Your Contract is a Hodgepodge of Conflicting Proposals

    Number of Occurrences Depends on Who is Sued

    Tallest U.S. Skyscraper Dream Kept Alive by Irish Builder

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    Who Says You Can’t Choose between Liquidated Damages or Actual Damages?

    Shea Homes CEO Receives Hearthstone Builder Humanitarian Award

    Product Liability Alert: “Sophisticated User” Defense Not Available by Showing Existence of a “Sophisticated Intermediary”

    Ahead of the Storm: Preparing for Irma

    Construction Defects could become Issue in Governor’s Race

    A Homeowner’s Subsequent Action is Barred as a Matter of Law by way of a Prior “Right to Repair Act” Claim Resolved by Cash Settlement for Waiver of all Known or Unknown Claims

    Lien Waivers Should Be Fair — And Efficient

    Homebuilders Offer Hope for U.K. Economy

    Ruling Finds Builder and Owners at Fault in Construction Defect Case

    24th Annual West Coast Casualty Construction Defect Seminar A Success

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

    Pennsylvania Considers Changes to Construction Code Review

    California Supreme Court Finds that When it Comes to Intentional Interference Claims, Public Works Projects are Just Different, Special Even

    Testimony from Insureds' Expert Limited By Motion In Limine
    Corporate Profile

    ASHBURN VIRGINIA BUILDING EXPERT
    DIRECTORY AND CAPABILITIES

    The Ashburn, Virginia Building Expert Group is comprised from a number of credentialed construction professionals possessing extensive trial support experience relevant to construction defect and claims matters. Leveraging from this considerable body of experience, BHA provides construction related trial support and expert services to the nation's most recognized construction litigation practitioners, Fortune 500 builders, commercial general liability carriers, owners, construction practice groups, and a variety of state and local government agencies.

    Building Expert News & Info
    Ashburn, Virginia

    OSHA Penalties—What Happened with International Nutrition

    April 15, 2015 —
    For those of you in and around Omaha, you recall the tragic collapse of International Nutrition’s plant in early 2014, killing two workers and injuring several others. OSHA swept onto the scene and issued citations. Surprisingly, the penalties totaled only $120,000. While a large sum, one would think two deaths and a score of injuries would generate a larger fine. International Nutrition appealed the penalties and they have now been reduced to $78,000, about a 1/3 reduction. Below, I’ll set forth what happened. The Original Penalties International Nutrition was originally fined $120,650.00 for citations ranging from willful, serious, to other-than-serious. Read the court decision
    Read the full story...
    Reprinted courtesy of Craig Martin, Lamson, Dugan and Murray, LLP
    Mr. Martin may be contacted at cmartin@ldmlaw.com

    Contractor Sues Construction Defect Claimants for Defamation

    June 28, 2013 —
    Andrew Smith and Armando Delgado both own condos in the Willowbrook condominium complex in East Manatee, Florida, and they’ve both been dealing with structural problems with their homes. Now they’re together in another matter as the contractor who has been hired to do the repairs has sued them for defamation. The homeowners claim that the construction company is trying to intimidate them. KB Homes, which built the Willowbrook complex, hired Dueall Construction to repair the buildings. Anthony Robbins, one of the owners of Dueall, is currently on probation for cocaine trafficking. Smith put this information on a website associated with complaints about KB Homes, while Delgado put a banner on the back of his pickup truck. The lawsuit claims that Smith and Delgado “have initiated a campaign to smear and defame Dueall and its owners.” Read the court decision
    Read the full story...
    Reprinted courtesy of

    The Hidden Dangers of Construction Defect Litigation: A Redux

    January 17, 2013 —
    I previously wrote an article entitled “The Hidden Dangers of Construction Defect Litigation” for the Common Interests magazine, the monthly periodical of the Rocky Mountain Chapter of the Community Associations Institute. In that article, I discussed the potential negative effects of homeowners associations bringing construction defect suits as anything other than a last resort. The purpose of this post is to bring to light, by way of a real life example, the problems discussed in my previous article.
     
    I have recently seen a lawsuit filed by an individual homeowner within a common interest community against the homeowners association, its management company, and the attorneys retained by the association to represent it in a construction defect lawsuit against the original developer, general contractor, and one of the design professionals. In his suit, the homeowner complains that the association’s construction defect attorneys “neglected to amend [their] complaint to include only and specifically the claims for damages for those properties, those buildings or condominium units, either by owner or specific locations, which had sustained damages or had faulty construction for which damages were being sought.” As a result of claiming damages throughout the entire community, the homeowner alleged that the entire community was tarred “with the black brush of litigation.”
     
    As the homeowner explained in his complaint, he purchased a condominium for his daughter-in-law when she moved to Colorado to care for him after the death of his wife. 
    Read the court decision
    Read the full story...
    Reprinted courtesy of David McLain
    Mr. McLain can be contacted at mclain@hhmrlaw.com

    Chinese Hunt for Trophy Properties Boosts NYC, London Prices

    January 21, 2015 —
    What do New York’s most famous hotel, the Lloyd’s of London building and the headquarters of the U.K.’s top law firm have in common? They’re all owned by Chinese insurers. This new breed of buyers, who weren’t allowed to invest overseas before 2012, are flooding into the global market for prime commercial real estate after being given more freedom to deploy their $1.6 trillion of assets. That has meant good times for sellers of trophy real estate in major cities. Read the court decision
    Read the full story...
    Reprinted courtesy of Vinicy Chan, Bloomberg
    Ms. Chan may be contacted at vchan91@bloomberg.net

    Lis Pendens – Recordation and Dissolution

    July 28, 2016 —
    When you file a construction lien foreclosure lawsuit, you must also record a lis pendens in the official (public) records against the property. This lis pendens serves as written notice that there is a lawsuit concerning the real property, and more specifically, title relating to that real property. If the property is then sold or rented, the buyer or tenant will ultimately be bound by a final determination relating to the lawsuit concerning title to the property. This is the value in recording a lis pendens and why it is a MUST in any foreclosure lawsuit. (This is the same value in any mortgage foreclosure lawsuit and why lis pendens are recorded in these lawsuits too.) A lis pendens will show up in a title report. In most instances, title companies will not issue a title policy if there is a lis pendens or may require a certain amount of money escrowed as a result of the lis pendens and pending action in order to issue a title policy. Also, a buyer, in particular, and a tenant are not going to want to invest in property where the title to that property is at-issue in a lawsuit. Hence, the lis pendens impacts the sale and potential re-financing of the property. Read the court decision
    Read the full story...
    Reprinted courtesy of David Adelstein, Kirwin Norris
    Mr. Adelstein may be contacted at dma@kirwinnorris.com

    Appeals Court Explains Punitive Damages Awards For Extreme Reprehensibility Or Unusually Small, Hard-To-Detect Or Hard-To-Measure Compensatory Damages

    November 10, 2016 —
    In Nickerson v. Stonebridge Life Ins. Co. (No. B234271A, filed 11/3/16), (“Nickerson II”) a California appeals court outlined the requirements for complying with the single-digit multiplier annunciated as a Constitutional limitation on punitive damages by the United States Supreme Court in State Farm Mut. Automobile Ins. Co. v. Campbell (2003) 538 U.S. 408, for awards of punitive damages against insurers in cases of extreme reprehensibility or unusually small, hard-to-detect or hard-to-measure compensatory damages. Reprinted courtesy of Christopher Kendrick, Haight Brown & Bonesteel LLP and Valerie A. Moore, Haight Brown & Bonesteel LLP Mr. Kendrick may be contacted at ckendrick@hbblaw.com Ms. Moore may be contacted at vmoore@hbblaw.com Read the court decision
    Read the full story...
    Reprinted courtesy of

    Heathrow Tempts Runway Opponents With $1,200 Christmas Sweetener

    December 15, 2016 —
    Heathrow Airport Ltd. will offer hundreds of homeowners a 1,000-pound ($1,200) festive sweetener to participate in environmental studies vital to expediting planning for its controversial 16 billion-pound third runway. The owners of houses and farmland on which the new landing strip is due to be built will qualify for the payment in return for agreeing to a handful of visits over about two years, Heathrow Chief Executive Officer John Holland-Kaye said in an interview. The surveys are required to establish the site’s wildlife value. Read the court decision
    Read the full story...
    Reprinted courtesy of Christopher Jasper, Bloomberg

    Jury Instruction That Fails to Utilize Concurrent Cause for Property Loss is Erroneous

    March 22, 2018 —

    The Florida District Court reversed erroneous jury instructions that adopted the efficient proximate cause doctrine in determining whether the insurer was responsible for the insureds’ collapsed roof. Jones v. Federated National Ins. Co., 2018 Fla. App. LEXIS 561 (Fla. Ct. App. Jan. 17, 2018).

    The insureds filed a claim for their damaged roof, contending that the damage was caused by a hailstorm. Federal National Insurance Company denied the claim based upon exclusions for “wear and tear, marring, deterioration;” “faulty, inadequate or defective design;” “neglect;” “existing damage;” or “weather conditions.”

    Read the court decision
    Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii
    Mr. Eyerly may be contacted at te@hawaiilawyer.com