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    Alabama Builders Right To Repair Current Law Summary:

    Current Law Summary: Although there is case law precedent for right to repair, Title 6 Article 13A states action must be commenced within 2 years after cause and not more than 13 years after completion of construction.


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    Association Directory
    Home Builders Association of Dothan & Wiregrass Area
    Local # 0132
    PO Box 9791
    Dothan, AL 36304
    Cottonwood Alabama Building Expert 10/ 10

    Enterprise Home Builders Association
    Local # 0133
    PO Box 310861
    Enterprise, AL 36331
    Cottonwood Alabama Building Expert 10/ 10

    Home Builders Association of Metro Mobile Inc
    Local # 0156
    1613 University Blvd S
    Mobile, AL 36609

    Cottonwood Alabama Building Expert 10/ 10

    Baldwin County Home Builders Association
    Local # 0184
    916 PLantation Blvd
    Fairhope, AL 36532

    Cottonwood Alabama Building Expert 10/ 10

    South Alabama Home Builders Association
    Local # 0102
    PO Box 190
    Greenville, AL 36037
    Cottonwood Alabama Building Expert 10/ 10

    Home Builders Association of Alabama
    Local # 0100
    PO Box 241305
    Montgomery, AL 36124

    Cottonwood Alabama Building Expert 10/ 10

    Greater Montgomery Home Builders Association
    Local # 0164
    6336 Woodmere Blvd
    Montgomery, AL 36117

    Cottonwood Alabama Building Expert 10/ 10


    Building Expert News and Information
    For Cottonwood Alabama


    Massachusetts Couple Seek to Recuse Judge in Construction Defect Case

    Stacking of Service Interruption and Contingent Business Interruption Coverages Permitted

    Toll Brothers Report End of Year Results

    California Insurance Commissioner Lacks Authority to Regulate Formula for Estimating Replacement Cost Value

    Appraiser Declarations Inadmissible When Offered to Challenge the Merits of an Appraisal Award

    Do Construction Contracts and Fraud Mix After All?

    No Interlocutory Appeals of "Garden-Variety" Contract Disputes

    Repair of Part May Necessitate Replacement of Whole

    Fifth Circuit Rules that Settlements in Underlying Action Constitute "Other Insurance"

    Second Circuit Denies Petitions for Review of EPA’s Final Regulations to Establish Requirements for Cooling Water Intake Structures

    As Florence Eyes East Coast, Are You Looking At Your Insurance?

    Hong Kong Buyers Queue for New Homes After Prices Plunge

    Primer Debuts on Life-Cycle Assessments of Embodied Carbon in Buildings

    Partner Jonathan R. Harwood Obtained Summary Judgment in a Coverage Action Arising out of a Claim for Personal Injury

    Insurer Must Cover Construction Defects Claims under Actual Injury Rule

    Mediating is Eye Opening

    Broker Not Liable for Failure to Reveal Insurer's Insolvency After Policy Issued

    Duty To Defend Construction Defect Case Affirmed, Duty to Indemnify Reversed In Part

    Sales of New U.S. Homes Fell in February to Five-Month Low

    Construction Defect Scam Tied to Organized Crime?

    Trial Date Discussed for Las Vegas HOA Takeover Case

    Expert Medical Science Causation Testimony Improperly Excluded under Daubert; ID of Sole Cause of Medical Condition Not Required

    Architectural Firm, Fired by School District, Launches Lawsuit

    Meritage Acquires Legendary Communities

    Ambiguity in Insurance Policy will be Interpreted in Favor of Insurance Coverage

    Used French Fry Oil Fuels London Offices as Buildings Go Green

    “You’re Out of Here!” -- CERCLA (Superfund) Federal Preemption of State Environmental Claims in State Courts

    Privacy In Pandemic: Senators Announce Covid-19 Data Privacy Bill

    Berkeley Researchers Look to Ancient Rome for Greener Concrete

    Jobsite Safety, Workforce Shortage Drive Innovation in Machine Automation

    Changes to Arkansas Construction and Home Repair Laws

    Relying Upon Improper Exclusion to Deny Coverage Allows Bad Faith Claim to Survive Summary Judgment

    Attorneys’ Fees Are Available in Arizona Eviction Actions

    What is a Personal Injury?

    Florida Duty to Defend a Chapter 558 Right to Repair Notice

    Know What You’ve Built: An Interview with Timo Makkonen of Congrid

    Happy Thanksgiving from CDJ

    Interior Designer Licensure

    Bond Principal Necessary on a Mechanic’s Lien Claim

    No Coverage Where Cracks in Basement Walls Do Not Amount to Sudden Collapse

    Texas Supreme Court Holds Anadarko’s $100M Deepwater Horizon Defense Costs Are Not Subject To Joint Venture Liability Limits

    Ahead of the Storm: Preparing for Irma

    Parking Garage Collapse May Be Due to Construction Defect

    Court of Appeal Shines Light on Collusive Settlement Agreements

    Defense Owed for Product Liability Claims That Do Not Amount to Faulty Workmanship

    Significant Issues Test Applies to Fraudulent Claims to Determine Attorney’s Fees

    GIS and BIM Integration Will Transform Infrastructure Design and Construction

    New York Developers Facing Construction Defect Lawsuit

    Is Your Design Professional Construction Contract too Friendly? (Law Note)

    Contractor Given a Wake-Up Call for Using a "Sham" RMO/RME
    Corporate Profile

    COTTONWOOD ALABAMA BUILDING EXPERT
    DIRECTORY AND CAPABILITIES

    The Cottonwood, Alabama 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 Cottonwood'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
    Cottonwood, Alabama

    Repairs Could Destroy Evidence in Construction Defect Suit

    June 28, 2013 —
    Repair work is underway on the Palladium concert hall in Carmel, Indiana, a suburb of Indianapolis, a contractor for the project says that the repairs will destroy evidence that they need to defect against additional construction defect allegations. Work stopped in 2009 for three months of repairs after problems were found in the steel roof supports. Steel Supply & Engineering Co. has claimed that the column failures are due to errors in the design. They say that if the repair work continues, it “would result in the spoliation of evidence, and will irreparably harm the defendants, and ultimately adversely affect their ability to protect their rights in the action.” They have asked the court to bring repairs to a stop until they are able to inspect the steel. Read the court decision
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    Reprinted courtesy of

    U.S. Building Permits Soared to Their Highest Level in Nearly Eight Years

    June 17, 2015 —
    Through all its ups and downs, the U.S. homebuilding industry is making slow progress. While housing starts declined 11.1 percent in May to a 1.04 million annualized rate, it followed a revised 1.17 million pace the prior month to cap the best back-to-back readings since late 2007, Commerce Department data showed Tuesday in Washington. Permits for future projects climbed to the highest level in almost eight years. The stop-and-go nature of the rebound, which has been exacerbated by the inclement weather that brought construction to a near standstill at the start of the year, masks a steady recovery in the industry at the center of the past recession. While residential real estate has yet to fulfill its typical role as a pillar of this economic expansion, gains in hiring and bigger paychecks are brightening Americans’ moods and could lift home purchases in the second half of 2015. Read the court decision
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    Reprinted courtesy of Michelle Jamrisko, Bloomberg

    When it Comes to Trials, it’s Like a Box of Chocolates. Sometimes You Get the Icky Cream Filled One

    October 14, 2019 —
    According to the California Judicial Council you have about a one in three chance your case will go to trial. In 2018, of the 210,028 unlimited civil cases that were filed (i.e., cases with an amount at issue of more than $25,000) only 33 percent made it all the way to trial. The odds are even less if you’re involved in a limited civil case (i.e., cases with an amount at issue of less than $25,000) where only 15 percent make it all the way to trial. The reason: Lawyers are expensive. The other reason: Trials are risky. As well prepared as your counsel may be for trial, when it comes to trials, like boxes of chocolates, “Ya never know what you’re gonna get.” And sometimes you really, really don’t know what you’re going to get. I had a client involved in a trial once. The defendant’s representative at trial was a well-to-do young man and heir to a hotel fortune. He was young, athletic and had a confident, carefree way about himself that reminded me of “Dickie” Greenleaf from the Talented Mr. Ripley. And I wasn’t the only one who noticed. Read the court decision
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    Reprinted courtesy of Garret Murai, Wendel, Rosen, Black & Dean LLP
    Mr. Murai may be contacted at gmurai@wendel.com

    When Construction Contracts Go Sideways in Bankruptcy

    February 16, 2017 —
    The contractor on a project files a bankruptcy case. How should the property owner and subcontractors proceed? When a party to a contract files bankruptcy, the other party’s actions are constrained by the bankruptcy code. Types of Bankruptcies The typical bankruptcy case involves a chapter 7 complete liquidation, chapter 13 reorganization for an individual, or a chapter 11 reorganization or liquidation. In a chapter 7 the business ceases to operate and a panel trustee is appointed immediately upon the filing of the case. The chapter 7 trustee’s duties are to liquidate assets for the benefit of creditors and to prosecute litigation that can result in assets for the creditors. In a chapter 13, the individual debtor continues to operate, and there is a trustee, but the trustee’s roll is limited to reviewing the chapter 13 plan and making sure that the plan is performed. In a chapter 11, the debtor retains control of its assets and continues to operate its business until a plan is confirmed. During the chapter 11 period before a plan is approved, the debtor will decide which contracts it wants to assume or reject, all while operating the company and preparing a plan. Read the court decision
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    Reprinted courtesy of Tracy Green, Wendel Rosen Black & Dean LLP
    Ms. Green may be contacted at tgreen@wendel.com

    Insurance Client Alert: Denial of Summary Judgment Does Not Automatically Establish Duty to Defend

    January 28, 2015 —
    In McMillin Companies v. American Safety Indemnity (No. D063586, filed 1/20/15), a California appeals court ruled that an insurer's loss of a summary judgment motion on the duty to defend does not necessarily establish that a duty to defend existed. McMillin was the general contractor for a series of residential construction projects, sued in a construction defect action brought by 117 homeowners. McMillin tendered its defense to its subcontractors' insurers, including American Safety (ASIC), claiming status as an additional insured (AI). ASIC denied the tender. McMillin sued ASIC and other insurers alleging breach of contract and bad faith for the failure to defend McMillin as an additional insured. Eventually, all of the other insurers settled, leaving ASIC as the sole defendant. ASIC moved for summary judgment, but the trial court denied the motion, ruling that ASIC had failed to carry its burden of disproving coverage under a blanket additional insured endorsement in the policy. Reprinted courtesy of Valerie A. Moore, Haight Brown & Bonesteel LLP and Christopher Kendrick, Haight Brown & Bonesteel LLP Ms. Moore may be contacted at vmoore@hbblaw.com, Mr. Kendrick may be contacted at ckendrick@hbblaw.com Read the court decision
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    Reprinted courtesy of

    Remote Trials Can Control Prejudgment Risk

    September 07, 2020 —
    While courts across the country are largely unavailable to litigants demanding a jury trial, pre-judgment interest rules present an increasing penalty risk to a defendant wanting its day in court and may not always make a plaintiff whole. The COVID-19 pandemic has altered the manner in which people and industries operate across the board. In light of the need to maintain social distancing whenever possible, the use of technology to replace in-person appearances is becoming more commonplace. As more attorneys become comfortable with the remote platform, the willingness to consider a remote trial grows. With in-person jury trials suspended until further notice, it is important for attorneys and parties to consider the attendant consequences of the indefinite delay in waiting for a traditional jury trial. Aside from general inconvenience, continued delays may have a substantial financial impact, particularly with regard to the accumulation of pre-judgment interest. Reprinted courtesy of White and Williams LLP attorneys Robert G. Devine, Victor J. Zarrilli and Kimberly M. Collins Mr. Devine may be contacted at deviner@whiteandwilliams.com Mr. Zarrilli may be contacted at zarrilliv@whiteandwilliams.com Ms. Collins may be contacted at collinsk@whiteandwilliams.com Read the court decision
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    Reprinted courtesy of

    A Third of U.S. Homebuyers Are Bidding Sight Unseen

    February 28, 2018 —
    Thirty-five percent of homebuyers in the U.S. aren’t even visiting the property before they put in a bid, amid torrid competition in a tight market, according to the latest survey by Redfin Corp. Read the court decision
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    Reprinted courtesy of Noah Buhayar, Bloomberg

    Health Care Construction Requires Compassion, Attention to Detail and Flexibility

    July 01, 2019 —
    When it comes to renovating and expanding hospitals, there is one principle that everyone can agree on: patients, family and hospital staff must be placed at the forefront of every stage of the job, ultimately dictating the project’s timeline. For a health care project to be a success, a general contractor needs to have industry-specific experience, must emphasize communication and scheduling and—most importantly—have a passion for the industry. Capably and safely work in a health care environment Health care requires a level of detail and understanding of the industry that is not found in other construction sectors. Builders must focus on infection control and interim life safety measures to protect patients, visitors and staff. There is accountability involved that goes beyond completing a project right on schedule. For example, the expansion of The Studer Family Children’s Hospital at Sacred Heart in Pensacola, Fla., included a new 175,000-square-foot tower in addition to building out space above the Neonatal Intensive Care Unit. Anytime the contractor is building next to or over patients, especially those who are most vulnerable, it is on alert. It sets up containment areas, which help maintain the negative pressure in the construction area by pulling air in versus blowing dirty air out, as well as keep dust and other contaminants inside the construction area. There is no room for mistakes, which is why these techniques require more training and experience to properly execute. Reprinted courtesy of Coker Barton, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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    Reprinted courtesy of