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    London, Ohio

    Ohio Builders Right To Repair Current Law Summary:

    Current Law Summary: According to HB 175, Chptr 1312, for a homebuilder to qualify for right to repair protection, the contractor must notify consumers (in writing) of NOR laws at the time of sale; The law stipulates written notice of defects required itemizing and describing and including documentation prepared by inspector. A contractor has 21 days to respond in writing.

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    Licensing is done at the local level. Licenses required for plumbing, electrical, HVAC, heating, and hydronics trades.

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    Clark County Chapter
    Local # 3673
    PO Box 1047
    Springfield, OH 45501

    London Ohio Building Expert 10/ 10

    Ohio Home Builders Association (State)
    Local # 3600
    17 S High Street Ste 700
    Columbus, OH 43215

    London Ohio Building Expert 10/ 10

    Home Builders Association of Dayton
    Local # 3630
    One Chamber Plaza Ste 100 B
    Dayton, OH 45402

    London Ohio Building Expert 10/ 10

    Home Builders Association of Miami County
    Local # 3682
    1200 Archer Dr
    Troy, OH 45373

    London Ohio Building Expert 10/ 10

    Tri-County Home Builders Association
    Local # 3645
    PO Box 643
    Lancaster, OH 43130

    London Ohio Building Expert 10/ 10

    Buckeye Valley Building Industry Association
    Local # 3654
    12 W Main St
    Newark, OH 43055

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    Local # 3627
    495 Executive Campus Drive
    Westerville, OH 43082

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    Building Expert News and Information
    For London Ohio

    Insurance Law Alert: California Supreme Court Limits Advertising Injury Coverage for Disparagement

    Beyond the Disneyland Resort: World Class Shopping Experiences

    No Entitlement to Reimbursement of Pre-Tender Fees

    Brazil's Success at Hosting World Cup Bodes Well for Olympics

    Gehry-Designed Project Seen Bringing NYC Vibe to L.A.

    Administrative and Environmental Law Cases Decided During the U.S. Supreme Court’s 2017-2018 Term

    Colorado Supreme Court Weighs in on Timeliness of Claims Against Subcontractors in Construction Defect Actions

    No Indemnity After Insured Settles Breach of Implied Warranty of Habitability Claims

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

    How Construction Contracts are Made. Hint: It’s a Bit Like Making Sausage

    Construction Defects could become Issue in Governor’s Race

    White and Williams Defeats Policyholder’s Attempt to Invalidate Asbestos Exclusions

    Green Home Predictions That Are Best Poised to Come True in 2014 and Beyond (guest post)

    Additional Insured Not Entitled to Indemnity Coverage For Damage Caused by Named Insured

    Attorney Risks Disqualification If After Receiving Presumptively Privileged Communication Fails to Notify Privilege Holder and Uses Document Pending Privilege Determination by Court

    Ninth Circuit Finds No Coverage for Construction Defects Under California Law

    New Jersey Law Firm Sued for Malpractice in Construction Defect Litigation

    North Carolina Weakened Its Building Codes in 2013

    Hundreds of Snakes Discovered in Santa Ana Home

    Texas Public Procurements: What Changed on September 1, 2017? a/k/a: When is the Use of E-Verify Required?

    Indemnity Clauses That Conflict with Oregon Indemnity Statute Can Remain Partially Valid and Enforceable

    Florida Courts Say that Developers Are Responsible for Flooding

    Court Voids Settlement Agreement in Construction Defect Case

    Fourth Circuit Issues New Ruling on Point Sources Under the CWA

    Dusseldorf Evacuates About 4,000 as World War II Bomb Defused

    Alaska Supreme Court Dismisses Claims of Uncooperative Pro Se Litigant in Defect Case

    When is Construction Put to Its “Intended Use”?

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

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    Newmeyer & Dillion Welcomes Three Associates to Newport Beach Office

    Emotional Distress Damages Not Distinct from “Annoyance and Discomfort” Damages in Case Arising from 2007 California Wildfires

    More Charges Anticipated in Las Vegas HOA Scam

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    Under Colorado House Bill 17-1279, HOA Boards Now Must Get Members’ Informed Consent Before Bringing A Construction Defect Action

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    The Oregon Tort Claims Act (“OTCA”) Applies When a Duty Arises from Statute or Common Law and is Independent from The Terms of a Specific Contract. (OR)
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    The London, Ohio 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
    London, Ohio

    The Insurance Coverage Debate on Construction Defects Continues

    February 05, 2015 —
    New Hampshire is the first court of 2015 to weigh in on construction defect coverage issues. The case, Cogswell Farm Condominium Association v. Tower Group, involved a typical situation. Lemery Building Company was hired to build 24 residential condominium units. After construction, the condominium association sued the builder asserting that the weather barrier, including the water/ice shield, flashing, siding, and vapor barrier, was defectively constructed and resulted in damage to the units due to water leaks. The condominium association also sued Lemery’s insurer for a determination as to whether the builder’s Commercial General Liability (CGL) insurer had to provide coverage for the claim. The trial court ruled against the condominium association, finding that the “your work” exclusion applied. The exclusion in the builder’s CGL policy provided that there was no coverage for property damage to “[t]hat particular part of any property that must be restored, repaired or replaced because ‘your work’ was incorrectly performed on it.” Read the court decision
    Read the full story...
    Reprinted courtesy of Craig Martin, Lamson, Dugan and Murray, LLP
    Mr. Martin may be contacted at

    Duty to Defend Negligent Misrepresentation Claim

    April 15, 2014 —
    The Kansas Court of Appeals determined that the insurer must defend claims of negligent misrepresentation against its insured. Central Power Sys. & Servs. v. Universal Underwriters Ins. Co., 2014 Kan. App. LEXIS 9 (Kan. Ct. App. Feb. 21, 2014). Central Power contracted to furnish Eagle Well with 10 oil-rig engines and 10 oil-rig transmissions. Eagle Well alleged that Central Power informed them that the engines and transmissions would be operational without any additional components. As is turned out, the engines could not operate without a wiring harness. Eagle Well had to hire a third party to make wiring harnesses that would meet their needs and to install the wiring harnesses. Eagle Wells sued Central Power, alleging damages in the form of lost profits for the time it took to make the engines independently operational. Further, damages were incurred due to money needed for the costs of purchasing the wiring harnesses from the third party and attaching the harnesses to the engines. Claims asserted against Central Power included breach of contract, negligence and negligent misrepresentation. Read the court decision
    Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii
    Mr. Eyerly may be contacted at

    Following My Own Advice

    October 21, 2015 —
    I often advise clients on the use of E-Verify and the importance of getting policies and in place to ensure compliance. This is particularly true for clients that do federal and state work. Now it’s my turn to follow my own advice. I was recently appointed to represent the Nebraska Board of Engineers and Architects. As such, I am a contractor for the State of Nebraska. That means I have to use E-Verify. Here is a refresher of “our” E-Verify obligations as a contractor for the State. Nebraska adopted an E-Verify law in 2009. Nebraska statute section 4-114 requires all contractors that are awarded a contract by a state agency or political subdivision to register with ta federal immigration verification system. Although not explicit in the statute, the Department of Labor has indicated that the obligation to E-Verify applies only to new employees that will be working on the project. Read the court decision
    Read the full story...
    Reprinted courtesy of Craig Martin, Lamson, Dugan and Murray, LLP
    Mr. Martin may be contacted at

    Sixth Circuit Finds No Coverage for Property Damage Caused by Faulty Workmanship

    October 21, 2015 —
    The Sixth Circuit affirmed the lower court's order granting summary judgment to the insurer who denied a defense for a construction defect claim. Steel Supply & Eng'g Co. v. Illinois Nat'. Ins. Co., 2015 U.S. App. LEXIS 14363 (6th Cir. Aug. 13, 2015). Steel Supply contracted with the Carmel Redevelopment Corporation to fabricate and erect steel for a construction project in Carmel, Indiana. After the steel was erected, an iron worker at the site discovered defects in the steel. Subsequent investigations revealed additional defects. Carmel filed suit against Steel Supply for breach of contract. The complaint alleged that a critical connection that Steel Supply designed was inadequate to handle the forces coming onto it. Carmel claimed that the immediate need to remediate the steel damaged Carmel directly, and that other contractors sought damages from Carmel for harm caused by the delays. Read the court decision
    Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii
    Mr. Eyerly may be contacted at

    The Top 10 Changes to the AIA A201: What You Need to Know

    May 24, 2018 —
    For this week’s Guest Post Friday here at Musings, we welcome back Melissa Dewey Brumback. Melissa is a construction law attorney with Ragsdale Liggett in Raleigh, North Carolina. Aside from the fact that she is a UNC grad and fan, she’s okay! In 2017, as it does every ten years, the American Institute of Architects (AIA) updated most of its standard form contract documents, including the A201 General Conditions. This cycle, the contract changes are evolutionary in nature, not revolutionary. Even so, it is crucial to know the changes to avoid making a fatal mistake that could cost you money on a construction project. In reverse order, the top 10 changes you need to know include: # 10: Differing Site Conditions Prior editions of the A201 provided that upon encountering differing site conditions, the Contractor was to promptly provide notice to the Owner and Architect, before the conditions are disturbed, and in no event later than 21 days after the conditions were first observed. A201–2017 shortens the time for notice from 21 to 14 days. Read the court decision
    Read the full story...
    Reprinted courtesy of Christopher G. Hill, The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at

    No Duty to Indemnify When Discovery Shows Faulty Workmanship Damages Insured’s Own Work

    November 07, 2012 —
    Our post last week addressed the duty to defend when alleged faulty workmanship caused loss to property adjacent to where the insured was working. See Pamerin Rentals II, LLC v. R.G. Hendricks & Sons Constr., Inc., 2012 Wis. App. LEXIS 698 (Wis. Ct. App. Sept. 5, 2012) [post here]. Today, we report on recent developments in the same case where the court determined, despite earlier finding the insurer owed a defense, it had no duty to indemnify. Pamperin Rentals II, LLC v. R.G. Hendricks & Sons Constr., Inc., 2012 Wisc. App. LEXIS 793 (Wis. Ct. App. Oct. 10, 2012). Hendricks contracted to “prepare the site and supply and install concrete, tamped concrete, and colored concrete” at several service stations. The owner sued Hendricks, alleging the concrete “was defective and/or the work performed was not done in a workman-like manner and resulted in damages, and will require replacement.” Pekin Insurance Company agreed to defend Hendricks subject to a reservation of rights. Read the court decision
    Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii.
    Mr. Eyerly can be contacted at

    Risk Management for Condominium Conversions

    July 31, 2013 —
    One of the bright spots in the Colorado construction industry over the last few years has been the construction of for-rent apartments. It seems as though apartments are going up everywhere you look along the Front Range. As market forces change, it will be interesting to see whether these units will remain apartments or whether they will be converted into for-sale condominiums or townhouses. One of the risk management strategies we have recently discussed with our general contractor clients who have been asked to build apartments is to ensure that the project remains a for-rent apartment project through the applicable statute of repose, conservatively assumed to be eight years. Unfortunately this is not always feasible, usually because the owner and/or lender are not interested in encumbering the property for such a long period of time, and want to retain the ability to convert the project if and when market forces allow, even if that is before the running of the statute of repose. The purpose of this article is to discuss the insurance and risk management ramifications of converting a project too early. I have recently heard from several sources in the insurance industry that there are owners and contractors who are currently building apartments with the idea that they will be held as apartments for two to three years and then converted to for-sale condominiums or townhomes. While this strategy may have great appeal from a business point of view, it has a very serious risk management downside. Apparently, these owners and contractors are operating under the mistaken belief that they will have no liability exposure to the ultimate purchasers of the converted units or to the homeowners association for construction defects. This is an incorrect belief. Read the court decision
    Read the full story...
    Reprinted courtesy of David M. McLain
    David M. McLain can be contacted at

    L.A. Mixes Grit With Glitz in Downtown Revamp: Cities

    May 13, 2014 —
    Near streets so gritty they were used as the backdrop for a shootout in the next “Fast & Furious” movie, million-dollar condos and $38 racks of lamb beckon the urban pioneers of Los Angeles. The rehab of warehouses and factories in the Arts District is the latest wave in a revival transforming the core of the second-largest U.S. city. Since 2011, about $7 billion has been poured into downtown. A decade ago its most prominent residents were the homeless. Now condos sell for a median of $523.36 a square foot -- more than in Beverly Hills. Alma, Bon Appetit magazine’s best new U.S. restaurant in 2013, is a few blocks from the convention center the city plans to renovate. “All of a sudden, overnight, you have more cranes going up in downtown L.A. than any other neighborhood in Southern California, by far,” said Lew Horne, head of the regional CBRE Real Estate Group Inc. (CBG) office. Mr. Nash may be contacted at; Ms. Brandt may be contacted at Read the court decision
    Read the full story...
    Reprinted courtesy of James Nash and Nadja Brandt, Bloomberg