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    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


    Despite Construction Gains, Cement Maker Sees Loss

    Building Down in November, Even While Home Sales Rise

    Navigating Construction Contracts in the Energy Sector – Insights from Sheppard Mullin’s Webinar Series

    Pennsylvania Superior Court Tightens Requirements for Co-Worker Affidavits in Asbestos Cases

    Investing in Metaverse Real Estate: Mind the Gap Between Recognized and Realized Potential

    Breach of an Oral Contract and Unjust Enrichment and Implied Covenant of Good Faith and Fair Dealing

    Insurance for Large Construction Equipment Such as a Crane

    Plehat Brings Natural Environments into Design Tools

    Nevada Supreme Court Rejects Class Action Status, Reducing Homes from 1000 to 71

    Housing Advocacy Group Moved to Dissolve New Jersey's Council on Affordable Housing

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    Practical Pointers for Change Orders on Commercial Construction Contracts

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    PAGA Right of Action Not Applicable to Construction Workers Under Collective Bargaining Agreement

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    Breach of Fiduciary Duty Claim Against Insurer Survives Motion to Dismiss

    California Contractors: New CSLB Procedure Requires Non-California Corporations to Associate All Officers with Their Contractor’s License

    Examining Construction Defect as Occurrence in Recent Case Law and Litigation

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    That’s Common Knowledge! Failure to Designate an Expert Witness in a Professional Negligence Case is Not Fatal Where “Common Knowledge” Exception Applies
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    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

    Enforcement Of Contractual Terms (E.G., Flow-Down, Field Verification, Shop Drawing Approval, And No-Damage-For-Delay Provisions)

    May 04, 2020 —
    What you contractually agree to matters, particularly when you are deemed a sophisticated entity. This means you can figuratively live or die by the terms and conditions agreed to. Don’t take it from me, but it take it from the Fourth Circuit’s decision in U.S. f/u/b/o Modern Mosaic, Ltd. v. Turner Construction Co., 2019 WL 7174550 (4th Cir. 2019), where the Court started off by stressing, “One of our country’s bedrock principles is the freedom of individuals and entities to enter into contracts and rely that their terms will be enforced.” Id. at *1. This case involved a dispute between a prime contractor and its precast concrete subcontractor on a federal project. The subcontractor filed a Miller Act payment bond lawsuit. The trial court ruled against the subcontractor based on…the subcontract’s terms! So, yes, what you contractually agree to matters. Example #1 – The subcontractor fabricated and installed precast concrete panels per engineering drawings. However, the parking garage was not built per dimensions meaning the panels it fabricated would not fit. The subcontractor had to perform remedial work on the panels to get them to fit. The subcontractor pursued the prime contractor for these costs arguing the prime contractor should have field verified the dimensions. The problem for the subcontractor, however, was that the subcontract required the subcontractor, not the prime contractor, to field verify the dimensions. Based on this language that required the subcontractor to field verify existing conditions and take field measurements, the subcontractor was not entitled to its remedial costs (and they were close to $1 Million). Furthermore, and of importance, the Court noted that the subcontract contained a flow down provision requiring the subcontractor to be bound by all of the terms and conditions of the prime contract and assume those duties and obligations that the prime contractor was to assume towards the owner. While this flow-down provision may often be overlooked, here it was not, as it meant the subcontractor was assuming the field verification duties that the prime contractor was responsible to perform for the owner. Read the court decision
    Read the full story...
    Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
    Mr. Adelstein may be contacted at dma@kirwinnorris.com

    Contract Construction Smarts: Helpful Provisions for Dispute Resolution

    June 03, 2019 —
    For this week’s Guest Post Friday, Musings welcomes back Doug Reiser (@douglasreiser), though from new digs. Doug is a construction attorney, LEED AP and the principal at Reiser Legal LLC in Seattle, WA. His office provides effective construction counsel for businesses in the construction industry. He also runs the Builders Counsel Blog, a blog focused on progressive issues in Washington construction law. Doug is a former partner/member at Wolfe Law Group LLC and former owner and director of Express Lien Inc. There are many types of attorneys out there, but there are certainly two styles: ones looking for the fight and ones trying to prevent the fight. I take the preventative approach. Client funds do not grow on trees. That old saying “an ounce of prevention is worth a pound of cure” should say a “ton of cure.” It’s that valuable. Sometimes the problem for prevention attorneys is trying to relay that message to a construction business. The cost of smart prevention is mainly thought of as just that – a cost. But when it buys you a cure for pennies on the dollar, it’s worth it. You will know it’s worth it when you finally become engaged in a costly three year long legal proceeding over a construction dispute. 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

    Effects of Amendment to Florida's Statute of Repose on the Products Completed Operations Hazard

    November 06, 2018 —
    Recent amendments to Florida’s Statute of Repose have resulted in concerns as to the scope of risk Florida homebuilders face as a result, and the availability of insurance coverage for such exposures. Previously, the statute provided for a strict, yet straightforward 10-year limitation for latent construction defect claims. Under that language, issues arose when suits were filed near expiration of the statute, because parties seeking to defend claims were given little time to effectively assert related claims. The amendment to the statute serves to lengthen the statute of repose to 11 years for certain cross-claims, compulsory counterclaims, and third-party claims, and in limited circumstances, potentially even longer. Most policies in the Florida marketplace serve to limit coverage under the products-completed operations hazard (“PCO”) to 10 years, and thus, in very limited circumstances, an insured contractor may be exposed to third-party claims under the revised statute. It is important to note, however, that coverage under most CGL policies is occurrence-based, meaning that the policy is triggered by property damage that occurs during the policy period, and therefore, any subsequent claims permitted under the amended statute will necessarily relate to the original property damage that occurred during the 10-year period, and thus, would be covered under the standard 10-year PCO extension. This paper will analyze the anticipated effect of the amendments upon coverage under a 10-year PCO extension. Reprinted courtesy of Richard W. Brown, Saxe Doernberger & Vita P.C. and Grace V. Hebbel, Saxe Doernberger & Vita P.C. Mr. Brown may be contacted at rwb@sdvlaw.com Ms. Hebbel may be contacted at gvh@sdvlaw.com Read the court decision
    Read the full story...
    Reprinted courtesy of

    New Home Construction Booming in Texas

    October 24, 2022 —

    With the rapid relocation trends of families moving to Texas, it was reported that new residential construction permits in Texas grew to a total value in excess of $2 billion and over 7,500 new construction permits in September 2022 alone. D.R. Horton lead the way with 1,139 new permits, while Lennar Homes clocked 696 new permits. Other leading homebuilders including KB Homes (239 permits) and Pulte Homes (253 permits) remained active heading into the 4th Quarter of 2022. The following is a breakdown of new permits and average home values in the 4 largest cities in Texas (Houston, Dallas, Austin and San Antonio) for September 2022:

    Houston

    Last month, there were approximately 340 home builders with new permits on record in the Houston area, and the following ranked as the top five total new permits:

    BuilderTotal PermitsAverage Value
    1-D.R. Horton 483 $ 129,812.00
    2-Camillo Properties 190 $ 147,790.00
    3-Lennar Homes 188 $ 195,503.00
    4-Meritage Homes 124 $ 248,597.00
    5-Wan Pacific Real Estate Development 117 $ 165,044.00

    Dallas

    In Dallas, there were more than 290 contractors with new residential construction activity on record with HBW last month, and the following ranked as the top five for total new permits:

    BuilderTotal PermitsAverage Value
    1-D.R. Horton 555 $ 179,430.00
    2-Lennar Homes 232 $ 202,318.00
    3-Trophy Signature Homes 111 $ 274,016.00
    4-Bloomfield Homes 97 $ 405,235.00
    5-Meritage Homes 92 $ 267,425.00

     Austin

    Last month, there were nearly 125 home builders with new construction activity on record in the Austin area, and the following ranked as the top five for total new permits for the one-month period:

    BuilderTotal PermitsAverage Value
    1-Lennar Homes 150 $ 154,390.00
    2-KB Homes 147 $ 253,606.00
    3-D.R. Horton 99 $ 200,416.00
    4-Taylor Morrison Homes 79 $ 365,183.00
    5-David Weekley Homes 64 $ 436,978.00

     San Antonio

    In San Antonio, there were nearly 120 contractors with new residential construction activity on record last month, and the following ranked as the top five for total new permits:

    BuilderTotal PermitsAverage Value
    1-Lennar Homes 126 $ 174,315.00
    2-KB Homes 55 $ 254,109.00
    3-Pulte Homes 52 $ 241,012.00
    4-M/I Homes 51 $ 237,283.00
    5-LGI Homes 30 $ 202,760.00

    The residential construction boom is Texas does not appear to be slowing down anytime soon. With new corporations relocating corporate offices to the Lone Star State each year, we expect this trend to continue for the foreseeable future. And with increased home production, we will closely monitor the increase in construction related litigation over the next five to ten years.

    The increase in market activity attracts new or inexperienced builders and tradesman, making the importance of a proactive approach to construction management all the more important. Given the labor shortages and supply chain issues. It is imperative that Texas homebuilders take extra precautions to ensure quality construction practices and oversight to minimize potential litigation.

    Reprinted courtesy of Jason Daniel Feld, Kahana Feld and Ron Raydon, Kahana Feld

    Mr. Feld may be contacted at jfeld@kahanafeld.com

    Mr. Raydon may be contacted at rraydon@kahanafeld.com

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

    California Supreme Court Finds Negligent Supervision Claim Alleges An Occurrence

    July 21, 2018 —
    Answering a question posed by the Ninth Circuit, the California Supreme Court found that a suit against a employer for negligent hiring, retention and supervision of a employee who intentionally injures a third party alleges an occurrence under a CGL policy. Liberty Surplus Co. Corp. v. Ledesma & Meyer Construction Co., 2018 Cal. LEXIS 4063 (Cal. June 4, 2018) Ledesma & Meyer Construction Company (L&M) contracted with the school district to manage a construction project at a middle school. L&M hired Darold Hecht as an assistant superintendent on the project. In 2010, Jane Doe, a 13-year-old student at the school, sued alleging that Hecht had sexually abused her. Doe’s claims included a cause of action against L&M for negligent hiring, retaining, and supervising Hecht. Read the court decision
    Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    VOSH Jumps Into the Employee Misclassification Pool

    February 23, 2016 —
    The proper classification of workers by construction companies has been on the radar of the Department of Labor for both the US and Virginia governments for quite a while. While most of the misclassification is innocent and not done to create issues, there have been enough instances of purposeful misclassification of certain workers as independent contractors (thus avoiding workers comp and other payroll expenses) that innocent contractors have born the brunt of these issues through increased payroll costs over those that misclassify (in the form of necessarily higher bids, higher overhead, etc.). As an additional deterrent to improper classification of workers, the Virginia Department of Labor and Industry has issued guidelines for what will occur in Virginia Department of Safety and Health (VOSH) cases. Read the court decision
    Read the full story...
    Reprinted courtesy of Christopher G. Hill, Law Office of Christopher G. Hill, PC
    Mr. Hill may be contacted at chrisghill@constructionlawva.com

    U.S. Stocks Fluctuate Near Record After Housing Data

    February 25, 2014 —
    U.S. stocks fluctuated near a record high after data showed slower growth in home prices and a drop in consumer confidence, while Macy’s Inc. and Home Depot Inc. reported higher-than-estimated earnings. Macy’s and Home Depot rose at least 3.1 percent. Tesla Motors Inc. climbed 16 percent as Morgan Stanley more than doubled its projected price for the stock. Office Depot Inc. slumped 11 percent after reporting an unexpected loss. Tenet Healthcare Corp. declined 11 percent as its forecast missed analysts’ estimates. The S&P 500 (SPX) gained 0.1 percent to 1,848.59 at 1:59 p.m. in New York, poised for the highest close ever. Earlier, the U.S. equity benchmark lost 0.4 percent. The Dow Jones Industrial Average advanced 14.05 points, or 0.1 percent, to 16,221.19. Trading in S&P 500 stocks was 7 percent below the 30-day average during this time of the day. Ms. Wang may be contacted at lwang8@bloomberg.net; Ms. Bost may be contacted at cbost2@bloomberg.net Read the court decision
    Read the full story...
    Reprinted courtesy of Lu Wang and Callie Bost, Bloomberg

    Tender the Defense of a Lawsuit to your Liability Carrier

    January 19, 2017 —
    Sometimes you come across a head scratcher. This would be a decision that does not seem to make a whole lot of sense. For instance, if you are sued and you maintain liability insurance that would potentially provide you a defense and indemnification, not notifying your insurance carrier is a head scratcher. You pay substantial dollars towards the premium of that policy. So, not then notifying your carrier about a lawsuit is a head scratcher, and I mean a head scratcher!! If you are sued, not only should the carrier be notified, but the defense of that lawsuit should be tendered to your liability carrier. Read the court decision
    Read the full story...
    Reprinted courtesy of David Adelstein, Florida Construction Legal Updates
    Mr. Adelstein may be contacted at dadelstein@gmail.com