BERT HOWE
  • Nationwide: (800) 482-1822    
    retail construction building expert Columbus Ohio landscaping construction building expert Columbus Ohio structural steel construction building expert Columbus Ohio condominiums building expert Columbus Ohio high-rise construction building expert Columbus Ohio production housing building expert Columbus Ohio custom home building expert Columbus Ohio Subterranean parking building expert Columbus Ohio institutional building building expert Columbus Ohio hospital construction building expert Columbus Ohio concrete tilt-up building expert Columbus Ohio mid-rise construction building expert Columbus Ohio tract home building expert Columbus Ohio casino resort building expert Columbus Ohio low-income housing building expert Columbus Ohio custom homes building expert Columbus Ohio housing building expert Columbus Ohio townhome construction building expert Columbus Ohio industrial building building expert Columbus Ohio parking structure building expert Columbus Ohio condominium building expert Columbus Ohio office building building expert Columbus Ohio
    Columbus Ohio testifying construction expert witnessColumbus Ohio consulting general contractorColumbus Ohio construction defect expert witnessColumbus Ohio construction expert testimonyColumbus Ohio expert witness concrete failureColumbus Ohio consulting engineersColumbus Ohio ada design expert witness
    Arrange No Cost Consultation
    Building Expert Builders Information
    Columbus, 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.


    Building Expert Contractors Licensing
    Guidelines Columbus Ohio

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


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

    Columbus Ohio Building Expert 10/ 10

    Building Industry Association of Central Ohio
    Local # 3627
    495 Executive Campus Drive
    Westerville, OH 43082

    Columbus Ohio Building Expert 10/ 10

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

    Columbus Ohio Building Expert 10/ 10

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

    Columbus Ohio Building Expert 10/ 10

    Union County Chapter
    Local # 3684
    PO Box 525
    Marysville, OH 43040

    Columbus Ohio Building Expert 10/ 10

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

    Columbus Ohio Building Expert 10/ 10

    Shelby County Builders Association
    Local # 3670
    PO Box 534
    Sidney, OH 45365

    Columbus Ohio Building Expert 10/ 10


    Building Expert News and Information
    For Columbus Ohio


    South Carolina Legislature Defines "Occurrence" To Include Property Damage Arising From Faulty Workmanship

    Courts Favor Arbitration in Two Recent Construction Dispute Cases

    Woman Files Suit for Property Damages

    Quick Note: Remember to Timely Foreclose Lien Against Lien Transfer Bond

    With Trump's Tariff Talk, Time to Negotiate for Escalation Clauses in Construction Contracts

    Bay Area Counties Issue Less Restrictive “Shelter in Place” Orders, Including for Construction

    Supreme Court Upholds Prevailing Wage Statute

    Chambers USA 2021 Ranks White and Williams as a Leading Law Firm

    Brookfield Wins Disputed Bid to Manage Manhattan Marina

    Court Rules that Damage From Squatter’s Fire is Not Excluded as Vandalism or Malicious Mischief

    Personal Injury Claims – The Basics

    DoD Testing New Roofing System that Saves Energy and Water

    Tennessee Looks to Define Improvements to Real Property

    BWB&O’s Motion for Summary Judgment is Granted in a Premises Liability Matter

    A Few Things You Might Consider Doing Instead of Binging on Netflix

    Time is of the Essence, Even When the Contract Doesn’t Say So

    The Increasing Trend of Caps in Construction Contracts and Negotiating Them

    President Trump’s Infrastructure Plan Requires a Viable Statutory Framework (PPP Statutes)[i]

    Rikus Locati Selected to 2024 Northern California Rising Stars!

    Indicted Union Representatives Try Again to Revive Enmons

    Official Tried to Influence Judge against Shortchanged Subcontractor

    JPMorgan Blamed for ‘Zombie’ Properties in Miami Lawsuit

    Jersey City, New Jersey, to Get 95-Story Condo Tower

    California Court of Appeal Clarifies Intent of Faulty Workmanship Exclusions

    Deducting 2018 Real Property Taxes Prepaid in 2017 Comes with Caveats

    Construction Litigation Roundup: “It’s One, Two… Eight Strikes: You’re Out!”

    Mass. Gas Leak Follows NTSB Final Report, Call for Reforms

    Former NYC Condo Empire Executive Arrested for Larceny, Tax Fraud

    Embracing Generative Risk Mitigation in Construction

    Building in the Age of Technology: Improving Profitability and Jobsite Safety

    Repairs Could Destroy Evidence in Construction Defect Suit

    How the Pandemic Pushed the Construction Industry Five Years Into the Future

    California Judicial Council Votes to Rescind Prohibitions on Eviction and Foreclosure Proceedings

    ARUP, Rethinking Green Infrastructure

    New York Appellate Division: Second Department Contradicts First Department, Denying Insurer's Recoupment of Defense Costs for Uncovered Claims

    Feds Used Wire to Crack Las Vegas HOA Scam

    New OSHA Vaccination Requirements For Employers With 100 Or More Employees (And Additional Advice for California Employers)

    NTSB Outlines Pittsburgh Bridge Structure Specifics, Finding Collapse Cause Will Take Months

    Dangerous Condition, Dangerous Precedent: California Supreme Court Expands Scope of Dangerous Condition Liability Involving Third Party Negligent/Criminal Conduct

    Federal Courts Keep Chipping Away at the CDC Eviction Moratorium

    Bidder Be Thoughtful: The Impacts of Disclaimers in Pre-Bid Reports

    Safe and Safer

    Floating Crane on Job in NYC's East River Has a Storied Past of Cold War Intrigue

    DC Circuit Rejects Challenge to EPA’s CERCLA Decision Regarding Hardrock Mining Industry

    California Bullet Train Clears Federal Environmental Approval

    Demonstrating A Fraudulent Inducement Claim Or Defense

    The Future of Construction Defects in Utah Unclear

    Axa Unveils Plans to Transform ‘Stump’ Into London Skyscraper

    A Primer on Suspension and Debarment for Federal Construction Projects

    Real Estate & Construction News Round-Up (01/18/23) – Construction Inventory, 3D Printing, and Metaverse Replicas
    Corporate Profile

    COLUMBUS OHIO BUILDING EXPERT
    DIRECTORY AND CAPABILITIES

    The Columbus, Ohio Building Expert Group at BHA, leverages from the experience gained through more than 7,000 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 Columbus' 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
    Columbus, Ohio

    Alexus Williams Receives Missouri Lawyers Media 2021 Women’s Justice Pro Bono Award

    November 29, 2021 —
    St. Louis, Mo. (October 19, 2021) - St. Louis Associate Alexus Williams has received the Missouri Lawyers Media 2021 Women’s Justice Pro Bono Award, which honors women attorneys who have contributed significant effort and time to pro bono work. In connection with this honor, Ms. Williams was interviewed by Missouri Lawyers Media for its 2021 Women’s Justice Awards (WJA) supplement. In the article featuring Ms. Williams, the publication explained that she has “developed a reputation for helping others” and “has continually found ways to level disparities to make the system work for everyone.” For example, as a member of the Bar Association of Metropolitan St. Louis Executive Committee’s Young Lawyers Division, Ms. Williams co-chaired a committee on racial equity during the civil unrest of 2020. Ms. Williams told Missouri Lawyers Media, “When I was looking at grad programs, law school was one that seemed like it kind of aligned with what I was passionate about, which was helping people, counseling people, being able to be of assistance in different kinds of situations.” She further noted, “Everyone has to play their part but also everyone needs the opportunity to play their part.” Read the court decision
    Read the full story...
    Reprinted courtesy of Alexus Williams, Lewis Brisbois
    Ms. Williams may be contacted at Alexus.Williams@lewisbrisbois.com

    US Supreme Court Orders All Mountain Valley Gas Line Work to Proceed

    August 14, 2023 —
    In a ruling without explanation in response to an emergency appeal by the project developer, the U.S. Supreme Court on July 27 said work to complete the Mountain Valley gas pipeline can proceed. The decision follows an order earlier this month by the Richmond, Va., appeals court to halt restart of work on the much-litigated and delayed $6.6-billion, 303-mile natural gas pipeline in Virginia and West Virginia, after new lawsuits filed by opponent groups. Reprinted courtesy of Debra K. Rubin, Engineering News-Record Ms. Rubin may be contacted at rubind@enr.com Read the full story... Read the court decision
    Read the full story...
    Reprinted courtesy of

    Court Sharpens The “Sword” And Strengthens The “Shield” Of Contractors’ License Law

    July 24, 2023 —
    Performing construction work without the necessary license can have significant repercussions on a contractor’s business. California in particular has become known for its imposition of “strict and harsh” penalties for a contractor’s failure to maintain proper licensure. In the realm of public works projects, any contract with an unlicensed contractor is deemed void. See Business & Professions Code Section 7028.15(e). On private projects, California’s Contractors’ License Law prohibits contractors from maintaining any action to recover payment for their work, and more severe, may require a contractor to disgorge all funds paid to it for performing unlicensed work. See Business & Professions Code Section 7031). These methods of deterrence are referred to as the “shield” and “sword” of the Contractors’ State License Law. Loranger v. Jones, 184 Cal. App. 4th 847, 854 (2010). In any discussion surrounding licensure, it is important to review the language of the Business and Professions Code (“Bus. & Prof.”). Section 7031(a) states:
    Except as provided in subdivision (e), no person engaged in the business or acting in the capacity of a contractor, may bring or maintain any action, or recover in law or equity in any action, in any court of this state for compensation for the performance of any act or contract where a license is required by this chapter without alleging that they were a duly licensed contractor at all times during the performance of that act or contract regardless of the merits of the cause of action brought by the person…
    Read the court decision
    Read the full story...
    Reprinted courtesy of Kyle S. Case, Watt, Tieder, Hoffar & Fitzgerald LLP
    Mr. Case may be contacted at kcase@watttieder.com

    Congratulations Bryan Stofferahn, August Hotchkin, and Eileen Gaisford on Their Promotion to Partner!

    April 19, 2021 —
    Bryan Stofferahn has been with BWB&O’s Oakland office since 2016 and has been practicing law since 2002. Mr. Stofferahn focuses his practice on insurance defense matters and was lead counsel on the Millennium Tower construction defect case in San Francisco, which was the largest construction defect action in the country. Outside of work, Bryan is passionate about traveling the world with his wife Claire and has finished in last place in two separate chili cook-offs (pre-COVID, of course). August Hotchkin has been with BWB&O since 2013 and helped open the Reno office located in Northern Nevada in 2016. He is duly licensed in both Nevada and California, handling various legal matters, especially complex litigation, throughout Northern Nevada and Northern California. Mr. Hotchkin has taken several cases to trial, including a successful defense verdict on a wrongful death matter. He has also argued countless dispositive motions as well as having cases heard at the Appellate level. During his free time, Mr. Hotchkin enjoys golfing, snowboarding, and spending time with his family and friends, especially up at Lake Tahoe. Eileen Gaisford has been with BWB&O’s Woodland Hill’s office for almost a decade and is licensed to practice law in California. Read the court decision
    Read the full story...
    Reprinted courtesy of Bremer Whyte Brown & O'Meara LLP

    Water Drainage Case Lacks Standing

    March 28, 2012 —

    The Texas Court of Appeals has ruled in the case La Tierra de Simmons Familia Ltd. V. Main Event Entertainment, LP. The trial court had found for Main Event. On appeal, the court threw out some of the grounds on which the trial court had reached its decision.

    The case involved two commercial lots in northwest Austin, Texas. The uphill tract (Phase III of the Anderson Arbor development) diverts its runoff onto the lower tract (the “Ballard tract”). The owners of the Ballard tract claim that “the drainage system was designed or constructed in a manner that has damaged and continues to damage the Ballard tract.”

    Both tracts have undergone changes of ownership since the construction of the drainage system in 2004. At the time the drainage system was constructed, the parcel was owned by Sears Roebuck and Co. Sears later sold the property. Main Event Entertainment is the current tenant. Likewise, the Ballard tract was previously owned by the Ballard Estate which sold the property to La Tierra on an “as is” basis in 2007.

    After La Tierra bought the Ballard tract, La Tierra’s engineer “witnessed and videotaped what he described as ‘flooding’ on the Ballard tract caused by storm water discharge from the Anderson Arbor drainage system during a rainfall event.” La Tierra determined that an adequate drainage system would cost about $204,000. Development plans were put on hold.

    La Tierra sued Main Event and various other parties associated with the uphill tract, seeking “actual damages for (1) decrease and loss in rental income due to delay in obtaining the development permit, (2) interest on carrying costs during that time period, (3) the cost to build a water conveyance system on the Ballard tract, (4) engineering fees incurred to redesign the water conveyance system, (5) unspecified out-of-pocket real estate expenses, and (6) property devaluation occasioned by the need to construct an expensive water conveyance system.” The trial court never reached these claims, ruling instead that La Tierra lacked standing, that its claims were barred under the statute of limitations, and that there was no evidence of damage.

    La Tierra appealed, arguing that “(1) the summary-judgment evidence does not conclusively establish that property damage claims accrued or were discovered prior to September 11, 2007, which is within the limitations period and was after La Tierra purchased the property; (2) even if the property was damaged before La Tierra acquired ownership of the Ballard tract, standing exists based on the assignments of interest from the Ballard Estate heirs, and the discovery rule tolls limitations until the injury was discovered on September 11, 2007; (3) limitations does not bar La Tierra's request for injunctive relief; (4) La Tierra's water code claim against Main Event and M.E.E.P. is viable based on their control over the drainage system, which makes them necessary and indispensable parties for injunctive relief; (5) La Tierra presented more than a scintilla of evidence to raise a fact issue on damages, causation, and other essential elements of its causes of action; and (6) the trial court abused its discretion when it sustained the defendants' objections to La Tierra's summary-judgment evidence.”

    The appeals court concluded that La Tierra’s second claim was irrelevant to standing, as La Tierra “obtained assignments from the Ballard Estate heirs ? nearly one year after the lawsuit was initially filed.” Nor did the court accept their first point. The water system had been operating unaltered since January, 2004, with monthly maintenance and inspection to maintain its designed operation. Further, a feasibility report La Tierra received stated that “over sixteen acres drain into those ponds, and thus onto this site.” The court noted that “the underlying facts giving rise to a cause of action were known before La Tierra acquired ownership of the Ballard tract.”

    The court concluded that the drainage issue is a permanent injury, but that it “accrued before La Tierra acquired an ownership interest in the property.” As La Tierra has standing, the appeals court ruled that it was improper for the trial court to rule on the issues. The appeals court dismissed the questions of whether the case was barred under the statute of limitation and also the question of whether or not La Tierra had damages.

    As the issue of standing would not allow La Tierra to bring the suit, the appeals court found for the defendants, dismissing the case for this single reason, and otherwise affirming the ruling of the lower court.

    Read the court’s decision…

    Read the court decision
    Read the full story...
    Reprinted courtesy of

    Some Construction Contract Basics- Necessities and Pitfalls

    January 03, 2022 —
    Recently, I’ve been on an “advising” kick here at Construction Law Musings. My last two posts have been about communication and trusting your gut when it comes to a smooth construction project. This post will be the third in the trilogy (and who knows maybe I’ll have a 4th and 5th like the Hitchhiker’s Guide to the Galaxy “trilogy”). While all construction contractors should use their communication skills and instincts to assure a smooth and hopefully profitable project, all of the gut following and great communication will not help you if your contract is not up to snuff. In the spirit of giving you a few basics things to look at, here’s my list of three basics that you need in your contract and a three things to be on the lookout for in others’ contracts. First, the good stuff that needs to be there:
    1. Attorney Fees Clause– without it, a Virginia court (and most other courts) will not award you a judgment for any attorney fees spent to protect your rights.
    2. Dispute Resolution– whether the specified resolution is through the litigation process, ADR or some combination, such a clause or paragraph will only help define the parameters of what happens with a claim.
    3. Detailed scope of work– Without the proper detail in the scope of work, the parties cannot properly set expectations and know what happens when things change.
    Read the court decision
    Read the full story...
    Reprinted courtesy of The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at chrisghill@constructionlawva.com

    Congratulations to Partner Nicole Whyte on Receiving the Marcus M. Kaufman Jurisprudence Award

    September 30, 2024 —
    On Thursday, September 19th, BWB&O Partner Nicole Whyte and her fellow recipients Michael Ermer and Hon. Kirk Nakamura (Ret.) were honored at this year’s Jurisprudence Awards Dinner, a fundraiser benefitting the Anti-Defamation League! Thank you to BWB&O Co-Founder and Nicole’s longtime business partner and friend Keith Bremer for his thoughtful introduction and for presenting her with the award, and to BWB&O’s team who joined the event to support Nicole Whyte. Since 1993, the Anti-Defamation League has presented the Marcus M. Kaufman Jurisprudence Award to attorneys who make exceptional contributions to the legal profession and community. ADL’s mission is to stop defamation and secure justice and fair treatment for all people. To learn more about ADL, please visit adl.org Read the court decision
    Read the full story...
    Reprinted courtesy of Dolores Montoya, Bremer Whyte Brown & O'Meara LLP

    Utah Becomes First State to Enact the Uniform Commercial Real Estate Receivership Act

    March 29, 2017 —
    On March 25, Utah became the first state to enact the Uniform Commercial Real Estate Receivership Act (“UCRERA”) which was drafted by the National Conference of Commissioners on Uniform State Laws (the “Conference”) and adopted by the Conference at its annual meeting in July 2015. The Utah Uniform Commercial Real Estate Receivership Act, (the “Utah Act”) mirrors UCRERA and applies to all commercial real property receiverships that are filed in the Utah District Courts on and after May 9, 2017. The Utah Act provides both substantive and procedural guidance in an area of law that historically has been marked by inconsistency and uncertainty. This new law not only will provide judges, lenders and other receivership constituents with much needed instruction about their respective rights and responsibilities in commercial receivership proceedings, but it also is likely to reduce the cost and increase the predictability of these receiverships in Utah. Read the court decision
    Read the full story...
    Reprinted courtesy of David Leta, Snell & Wilmer
    Mr. Leta may be contacted at dleta@swlaw.com