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    Expert Witness Engineer Builders Information
    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".

    Expert Witness Engineer 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.

    Expert Witness Engineer Contractors Building Industry
    Association Directory
    Northern Virginia Building Industry Association
    Local # 4840
    3901 Centerview Dr Suite E
    Chantilly, VA 20151

    Ashburn Virginia Expert Witness Engineer 10/ 10

    The Top of Virginia Builders Association
    Local # 4883
    1182 Martinsburg Pike
    Winchester, VA 22603

    Ashburn Virginia Expert Witness Engineer 10/ 10

    Shenandoah Valley Builders Association
    Local # 4848
    PO Box 1286
    Harrisonburg, VA 22803

    Ashburn Virginia Expert Witness Engineer 10/ 10

    Piedmont Virginia Building Industry Association
    Local # 4890
    PO Box 897
    Culpeper, VA 22701

    Ashburn Virginia Expert Witness Engineer 10/ 10

    Fredericksburg Area Builders Association
    Local # 4830
    3006 Lafayette Blvd
    Fredericksburg, VA 22408

    Ashburn Virginia Expert Witness Engineer 10/ 10

    Augusta Home Builders Association Inc
    Local # 4804
    PO Box 36
    Waynesboro, VA 22980

    Ashburn Virginia Expert Witness Engineer 10/ 10

    Blue Ridge Home Builders Association
    Local # 4809
    PO Box 7743
    Charlottesville, VA 22906

    Ashburn Virginia Expert Witness Engineer 10/ 10

    Expert Witness Engineer News and Information
    For Ashburn Virginia

    New Zealand Using Plywood Banned Elsewhere

    Flooded Courtroom May be Due to Construction Defect

    Remembering Joseph H. Foster

    Construction Defects in Home a Breach of Contract

    Weyerhaeuser Leaving Home Building Business

    Building Recovery Comes to Las Vegas, Provides Relief

    Occurrence Found, Business Risk Exclusions Do Not Bar Coverage for Construction Defects

    Your Work Exclusion Applies to Damage to Tradesman's Property, Not Damage to Other Property

    Gloria Gaynor Sues Contractor over Defective Deck Construction

    Statute of Limitations Upheld in Construction Defect Case

    Pulled from the Swamp: EPA Wetland Determination Now Judicially Reviewable

    OSHA Issues New Rules on Injury Record Keeping

    CA Homeowners Challenging Alternate Pre-Litigation Procedures

    Structural Defects Lead Schools to Close off Areas

    Federal Court Again Confirms No Coverage For Construction Defects in Hawaii

    First-Time Buyers Shut Out of Expanding U.S. Home Supply

    South Carolina Supreme Court Finds that Consequential Damage Arise From "Occurrence"

    Williams v. Athletic Field: Hugely Important Lien Case Argued Before Supreme Court

    Previously Owned U.S. Home Sales Rise to Eight-Month High

    El Paso Increases Surety Bond Requirement on Contractors

    "My Bad, I Thought It Was in Good Faith" is Not Good Enough - Contractor Ordered to Pay Prompt Payment Penalties

    SunTrust Will Pay $968 Million to Resolve Mortgage Probes

    Should CGL Insurer have Duty to Defend Insured During Chapter 558 Notice of Construction Defects Process???

    Harmon Hotel Construction Defect Update

    Manhattan Home Prices Jump to a Record as Buyers Compete

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

    Federal Court Rejects Insurer's Argument that Wisconsin Has Adopted the Manifestation Trigger for Property Policy

    Virtual Reality for Construction

    Harmon Tower Opponents to Try Mediation

    Minnesota Senate Office Building Called Unconstitutional

    West Virginia Couple Claim Defects in Manufactured Home

    Loss Caused by Subcontractor's Faulty Work Covered in Georgia

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

    Diggerland, UK’s Construction Equipment Theme Park, is coming to the U.S.

    Housing Inventory Might be Distorted by Pocket Listings

    More Charges Anticipated in Las Vegas HOA Scam

    Conspirators Bilked Homeowners in Nevada Construction Defect Claims

    Manhattan Developer Breaks Ground on $520 Million Project

    The Prompt Payment Act Obligation is Not Triggered When the Owner Holds Less Retention from the General Contractor

    Banks Rejected by U.S. High Court on Mortgage Securities Suits

    Florida Law: Interplay of SIR and the Made-Whole Doctrine

    Construction Firm Sues City and Engineers over Reservoir Project

    Development in CBF Green Building Case in Maryland

    Is Construction Defect Litigation a Cause for Lack of Condos in Minneapolis?

    Duty to Defend Bodily Injury Evolving Over Many Policy Periods Prorated in Louisiana

    Insurer Sued for Altering Policies after Claim

    Ninth Circuit Affirms Duty to Defend CERCLA Section 104 (e) Letter

    Condominium Association Wins $5 Million Judgment against Developer

    EPA Rejects Most of N.Y.’s $511 Million Tappan Zee Loan

    Colorado Court of Appeals Finds Damages to Non-Defective Property Arising From Defective Construction Covered Under Commercial General Liability Policy
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    The Ashburn, Virginia Expert Witness Engineer Group at BHA, leverages from the experience gained through more than 4,500 construction related expert witness designations encompassing a wide spectrum of construction related disputes. Drawing from this considerable body of experience, BHA provides construction related trial support and expert services to Ashburn'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.

    Expert Witness Engineer News & Info
    Ashburn, Virginia

    Washington State May Allow Common Negligence Claims against Construction Professionals

    November 20, 2013 —
    Lane Powell, a law firm with offices in Washington, Oregon, Alaska, and London has issued a construction law update on a recent decision of the Washington Supreme Court. The case involved a development firm that sued its engineering firm. The developer had gained preliminary approval to develop two short plats, and after the approvals expired, sought the assistance of the engineering firm in regaining approval. Eventually, the developer lost the plats to foreclosure and sued the engineering firm. The Washington Supreme Court rejected most of the developer’s claims in the case, but sent the negligence claims back to the trial court. The Lane Powell construction law update notes that “the record didn’t adequately establish the scope of the professional obligations incorporated into the contract, the court refused to determine if any of the engineer’s duties to the plaintiffs arose independently of the contract.” Read the court decision
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    Reprinted courtesy of

    District Court's Ruling Affirmed in TCD v American Family Mutual Insurance Co.

    May 10, 2012 —

    In the case, TCD, Inc. v American Family Mutual Insurance Company, the district court’s summary judgment was in favor of the defendant. In response, the Plaintiff, TCD, appealed “on the ground that the insurance company had no duty to defend TCD under a commercial general liability (CGL) insurance policy.” The appeals court affirmed the decision.

    The appeals ruling provides a brief history of the case: “This case arises out of a construction project in Frisco, Colorado. The developer, Frisco Gateway Center, LLC (Gateway), entered into a contract with TCD, the general contractor, to construct a building. TCD entered into a subcontract with Petra Roofing and Remodeling Company (Petra) to install the roof on the building. The subcontract required Petra to "indemnify, hold harmless, and defend" TCD against claims arising out of or resulting from the performance of Petra’s work on the project. The subcontract also required Petra to name TCD as an additional insured on its CGL policy in connection with Petra’s work under the subcontract.”

    Furthermore, “TCD initiated this case against Petra and the insurance company, asserting claims for declaratory judgment, breach of insurance contract, breach of contract, and negligence. The district court entered a default judgment against Petra, and both the remaining parties moved for summary judgment. The court granted summary judgment on the entirety of the action, in favor of the insurance company, concluding that the counterclaims asserted by Gateway against TCD did not give rise to an obligation to defend or indemnify under the CGL policy.”

    The appeals court rejected each contention made by TCD in turn. First, “TCD contend[ed] that Gateway’s counterclaims constitute[d] an allegation of ‘property damage,’ which is covered under the CGL policy.” The appeals court disagreed. Next, “TCD argue[d] that [the court] should broaden or extend the complaint rule, also called the ‘four corners’ rule, and allow it to offer evidence outside of the counterclaims to determine the insurance company’s duty to defend in this case.” The appeals court was not persuaded by TCD’s argument.

    The judgment was affirmed. Judge Roman and Judge Miller concur.

    Read the court’s decision…

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    Reprinted courtesy of

    Louisiana 13th in List of Defective Bridges

    November 27, 2013 —
    About 1,800 bridges in the state of Louisiana have been rendered structurally deficient. According to a report by WAFB, that means “at least one of the three key parts of a bridge has a major defect.” Although the bridges need repair, they are not yet classified as unsafe, which would lead to the Louisiana Department of Transportation and Development closing the bridges. Over the last five years, the state has spent a billion dollars on repairing, maintaining, and replacing bridges, but the number keeps growing. The DOTD would not release a list of compromised bridges in the state, citing legal concerns. Read the court decision
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    Reprinted courtesy of

    Preparing for the 2015 Colorado Legislative Session

    November 26, 2014 —
    As Colorado starts to prepare for the 2015 legislative session, construction defect reform is shaping up to be another key issue under the Capitol dome. Once again, the Homeownership Opportunity Alliance (HOA) will be leading the charge. The HOA is a coalition of Coloradans working to open the doors to homeownership by: 1) protecting consumers from unknowingly entering into litigation and establishing solid processed through which homeowners and developers can work together to achieve a positive resolution to identified defects in construction, and 2) increasing the supply of attainable, affordable housing while protecting the rights of consumers to take legal action. Read the court decision
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    Reprinted courtesy of David M. McLain, Higgins, Hopkins, McLain & Roswell, LLC
    Mr. McLain may be contacted at

    Ninth Circuit Holds Efficient Proximate Cause Doctrine Applies Beyond All-Risk Policies

    April 20, 2016 —
    The Ninth Circuit held that the efficient proximate cause doctrine is not limited to all-risk policies. Olin Corp. v. Continental Cas. Co., 2016 U.S. App. LEXIS 4905 (9th Cir. March 17, 2016). Olin operated a plant that produced industrial chemicals. Continental issued a policy covering the plant's boilers and machinery. In late 2008, the machinery was damaged. Continental denied coverage for damage to Olin's diaphragm cells, which were tanks containing metal cathodes covered by asbestos diaphragms. Continental argued that the damage to the cells was not covered because it was not caused by an "accident." The jury returned a verdict in favor of Olin. Read the court decision
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    Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii
    Mr. Eyerly may be contacted at

    Proposition 65: OEHHA to Consider Adding and Delisting Certain Chemicals of Concern

    September 03, 2015 —
    The Office of Environmental Health Hazard Assessment (“OEHHA”), which is responsible for determining the chemicals that are included on its list of chemicals known to be carcinogenic or to cause reproductive harm, thereby requiring businesses to comply with the rules accorded under California’s Proposition 65, has announced the beginning of a 45-day public comment period on five chemicals:
    • Nickel
    • Pentachlorophenol
    • Perfluorooctanoic acid (PFOA)
    • Perfluorooctane sulfonate (PFOS)
    • Tetrachloroethylene
    • Reprinted courtesy of Lee Marshall, Haight Brown & Bonesteel LLP and Jeffrey A. Vinnick, Haight Brown & Bonesteel LLP Mr. Marshall may be contacted at Mr. Vinnick may be contacted at Read the court decision
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      Reprinted courtesy of

      Bank of America’s Countrywide Ordered to Pay $1.3 Billion

      July 30, 2014 —
      Bank of America Corp.’s Countrywide unit was ordered to pay $1.3 billion in penalties for defective mortgage loans it sold to Fannie Mae (FNMA) and Freddie Mac in the run-up to the 2008 financial crisis, a little more than half of what the U.S. had requested. U.S. District Judge Jed Rakoff in Manhattan issued the civil penalty against the Charlotte, North Carolina-based bank today in the first mortgage-fraud case brought by the federal government to go to trial. Countrywide and Rebecca Mairone, a former executive with the mortgage lender, were found liable in October for selling thousands of bad loans to the two government-sponsored enterprises. Mairone was ordered today to pay $1 million. Read the court decision
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      Reprinted courtesy of Patricia Hurtado, Bloomberg
      Ms. Hurtado may be contacted at

      How to Defend Stucco Allegations

      February 07, 2014 —
      Managing partner Paul McBride discusses how to defend stucco defect allegations in his article in Kring & Chung, LLP’s online publication. According to McBride, about “80% of construction defect lawsuits which [Kring & Chung] defend involve stucco-clad houses.” In the article, McBride addresses “improper building paper installation and stucco cracks.” “If you are defending the stucco subcontractor,” McBride advises to look “first, at the windows section of the plaintiffs’ defect report and cost of repair estimate.” He explains that “this is the section where the plaintiffs’ expert will allege water intrusion that will be allocation to your stucco subcontractor.” McBride declares that the “most important thing to understand about stucco cracks is that stucco cracking is common. This is both a common sense observation and a perfectly valid legal defense.” Read the court decision
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      Reprinted courtesy of