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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


    Notice of Claim Sufficient to Invoke Coverage

    Justice Didn’t Ensure Mortgage Fraud Was Priority, IG Says

    Flint Water Crisis Prompts Call for More Federal Oversight

    Builder Must Respond To Homeowner’s Notice Of Claim Within 14 Days Even If Construction Defect Claim Is Not Alleged With The “Reasonable Detail”

    Nobody Knows What Lies Beneath New York City

    California Enacts New Claims Resolution Process for Public Works Projects

    Potential Problems with Cases Involving One Owner and Multiple Contractors

    Retainage on Pennsylvania Public Contracts

    WCC and BHA Raised Thousands for Children’s Cancer Research at 25th West Coast Casualty CD Seminar

    Legislation Update: S-865 Public-Private Partnerships in New Jersey Passed by Both Houses-Awaiting Governor’s Signature

    CDJ’s #2 Topic of the Year: Ewing Constr. Co., Inc. v. Amerisure Ins. Co., 2014 Tex. LEXIS 39 (Tex. Jan.17, 2014)

    Manhattan Trophy Home Sellers Test Buyer Limits on Price

    Colorado Passes Construction Defect Reform Bill

    Hawaii Court of Appeals Remands Bad Faith Claim Against Title Insurer

    Edinburg School Inspections Uncovered Structural Construction Defects

    Venue for Suing Public Payment Bond

    Surge in Home Completions Tamps Down Inflation as Fed Meets

    Judge Rejects Extrapolation, Harmon Tower to Remain Standing

    Avoid Delay or Get Ready to Pay: The Risks of “Time-Is-of-The-Essence” Clauses

    Court Rules Planned Development of Banning Ranch May Proceed

    Construction Delays for China’s Bahamas Resort Project

    Back to Basics: What is a Changes Clause?

    Executing Documents with Powers of Attorney and Confessions of Judgment in PA Just Got Easier

    City Covered From Lawsuits Filed After Hurricane-Damaged Dwellings Demolished

    Nevada Provides Independant Counsel When Conflict Arises Between Insurer and Insured

    I-35W Bridge Collapse may be Due to “Inadequate Load Capacity”

    Colorado Adopts Twombly-Iqbal “Plausibility” Standard

    More Money Down Adds to U.S. First-Time Buyer Blues: Economy

    Preparing for the 2015 Colorado Legislative Session

    OSHA Begins Enforcement of its Respirable Crystalline Silica in Construction Standard. Try Saying That Five Times Real Fast

    Quick Note: Be Careful with Pay if Paid Clauses (Both Subcontractors and General Contractors)

    Home Builder Doesn’t See Long Impact from Hurricane

    Colorado Supreme Court Issues Decisions on Statute of Limitations for Statutory Bad Faith Claims and the Implied Waiver of Attorney-Client Privilege

    Flood Policy Does Not Cover Debris Removal from Property

    No Additional Insured Coverage for Subcontractor's Work Outside Policy Period

    California’s One-Action Rule May Apply to Federal Lenders

    Blog: Congress Strikes a Blow to President Obama’s “Fair Pay and Safe Workplaces” Executive Order 13673

    10 Answers to Those Nagging Mechanics Lien Questions Keeping You Up at Night. Kind of

    NJ Condo Construction Defect Case Dismissed over Statute of Limitations

    Virginia Decision Emphasizes Importance of Naming All Necessary Parties

    To Sea or Not to Sea: Fifth Circuit Applies Maritime Law to Offshore Service Contract, Spares Indemnity Provision from Louisiana Oilfield Indemnity Act

    Liability Insurer Precluded from Intervening in Insured’s Lawsuit

    Conflicting Exclusions Result in Duty to Defend

    Connecticut Supreme Court Again Asked to Determine the Meaning of Collapse

    Nine Firm Members Recognized as Super Lawyers and Rising Stars

    This New Indicator Shows There's No Bubble Forming in U.S. Housing

    Insurer's Failure to Settle Does Not Justify Multiple Damages under Unfair Claims Settlement Law

    Zombie Foreclosures Plaguing Various Cities in the U.S.

    Motion to Dismiss Insureds' Counterclaim on the Basis of Prior Knowledge Denied

    Connecticut Court Finds Anti-Concurrent Causation Clause Enforceable
    Corporate Profile

    ASHBURN VIRGINIA EXPERT WITNESS ENGINEER
    DIRECTORY AND CAPABILITIES

    Leveraging from more than 5500 construction defect and claims related expert witness designations, the Ashburn, Virginia Expert Witness Engineer Group provides a wide range of trial support and consulting services to Ashburn's most acknowledged construction practice groups, CGL carriers, builders, owners, and public agencies. Drawing from a diverse pool of construction and design professionals, BHA is able to simultaneously analyze complex claims from the perspective of design, engineering, cost, or standard of care.

    Expert Witness Engineer News & Info
    Ashburn, Virginia

    Where Standing, Mechanic’s Liens, and Bankruptcy Collide

    September 17, 2018 —
    I have spoken often about mechanic’s liens and the implications of such liens as they relate to bankruptcy here at Construction Law Musings. A recent case out of Loudoun County, Virginia added another wrinkle to this discussion, that of standing and what happens on conveyance of the property and what interest in the property is required to allow a party to seek removal of the mechanic’s lien. In Leesburg Bldg. P’rs LLC v. Mike Berger Inc. the Loudoun County Circuit Court faced the following scenario. Leesburg Building Partners developed certain condominiums and hired Lansdowne Construction to perform the work as general contractor and paid Landsdowne in full for the work. Lansdowne hired Mike Berger, Inc. (“MBI”) to perform concrete work for the project. Landsdowne didn’t pay MBI approximately $48,000.00 and subsequently filed for bankruptcy. MBI, seeking to protect it’s interest in the money it was owed, recorded a mechanic’s lien on the property. Leesburg Building Partners filed an action to declare the lien invalid and have it removed from the property based upon its “payment defense” and the fact that it had paid Landsdowne in full. A relatively simple scenario and one that has been discussed before here at Musings. Not so fast. . . 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 chrisghill@constructionlawva.com

    Jinx: Third Circuit Rules in Favor of Teamsters in Withdrawal Case

    July 28, 2018 —
    Bad omen. Last week, I wrote about a Appeals Court decision that affirmed a contractor’s escape from an over $600,000 withdrawal liability assessment from the Laborers Union. The next day the Third Circuit (which covers PA, NJ, and DE) handed down a decision affirming a federal court’s decision to assess withdraw liability. This one shows the dark side of not reading and understanding your CBA. The belligerents in the litigation were, Penn Jersey, a construction material supplier, and Teamsters Local 676. Their collective bargaining agreement contained a clause purportedly covering withdrawal liability. Specifically, the clause stated “should the Employer withdraw from the Agreement in the future, there will be no withdrawal liability. The CBA expired and Penn Jersey did not renew its agreement with the Teamsters. Read the court decision
    Read the full story...
    Reprinted courtesy of Wally Zimolong, Zimolong LLC
    Mr. Zimolong may be contacted at wally@zimolonglaw.com

    Does the Miller Act Trump Subcontract Dispute Provisions?

    May 16, 2018 —
    All general contractors performing public building or public works contracts with the federal government must be familiar with the Miller Act. It is a requirement for doing business with the federal government. Pursuant to the Miller Act, a general contractor entering into a public building or public works contract with the federal government must furnish a payment bond in an amount equal to the contract price, unless the contracting officer determines that it is impractical to obtain a bond in that amount and specifies an alternative bond amount. Miller Act payment bonds guarantee payment to certain subcontractors and suppliers supplying labor and materials to contractors or subcontractors engaged in the construction. As a result, subcontractors have an avenue of relief should they not get paid for work done on the project. Specifically, subcontractors have a right to bring an action against the surety within 90-days after the date on which the person did or performed the last labor or furnished or supplied the last of material for which the claim is made. Any such action must be brought no later than one year after the date on which the person did or performed the last labor or furnished or supplied the last of material. 40 United States Code § 3133. Read the court decision
    Read the full story...
    Reprinted courtesy of Christopher M. Horton, Smith Currie
    Mr. Horton may be contacted at cmhorton@smithcurrie.com

    The Contingency Fee Multiplier (For Insurance Coverage Disputes)

    September 10, 2018 —
    The contingency fee multiplier: a potential incentive for taking a case on contingency, such as an insurance coverage dispute, where the insured sues his/her/its insurer on a contingency fee basis. In a recent property insurance coverage dispute, Citizens Property Ins. Corp. v. Agosta, 43 Fla.L.Weekly, D1934b (Fla. 3d DCA 2018), the trial court awarded the insured’s counsel a contingency fee multiplier of two times the amount of reasonable attorney’s fees. The insurer appealed. The Third District affirmed the contingency fee multiplier. Read the court decision
    Read the full story...
    Reprinted courtesy of David Adelstein, Kirwin Norris
    Mr. Adelstein may be contacted at dma@kirwinnorris.com

    How Long Does a Civil Lawsuit Take?

    August 14, 2018 —
    How long does a civil lawsuit take? One common question among parties to a civil lawsuit, whether a plaintiff or defendant, is how long will it take to reach a resolution? The answer is tricky. The time it takes to resolve a civil lawsuit is highly dependent on various factors including the complexity of the matter and the parties’ willingness to settle. At the outset, parties to a civil case may resolve the matter at any time by mutual agreement (i.e., settlement). In that case, the parties draft a Stipulation and Order outlining the terms of the agreed settlement and submit the document to the judge for approval. Absent of any glaring inequity in the terms of the Stipulation, the judge will typically approve of the parties’ settlement, and the matter will be deemed resolved (either in whole or in part, depending on the case, the terms of the settlement and indemnity agreement). Read the court decision
    Read the full story...
    Reprinted courtesy of Bremer Whyte Brown & O’Meara

    Construction Defects Checklist

    July 18, 2018 —
    Construction defects have existed since humans first began building structures, and will continue to be an occurrence into the future. For builder developers, contractors, and subcontractors, the specter of construction defects is a constant worry. Construction defect litigation is commonplace and can occur years after the construction project has been completed. This opens up an ongoing channel of risk and liability for construction contractors and project managers that are at risk of litigation far after they have completed a project. In this article, we’ll provide a helpful construction defects checklist that outlines the key avenues of risk and areas where construction defects litigation is most often focused. This checklist can help project managers, contractors, and subcontractors anticipate areas of their projects that may need extra attention or focus in order to ensure that they adhere to relevant local and state construction ordinances. Gaining a greater understanding of what construction defects are can provide insight into how construction litigation can prove beneficial for structure owners or contractors who received substandard work. Many clients may not understand that they have an avenue to seek redress in cases where faulty workmanship may have resulted in economic damages or safety concerns in their home, building, or another construction project. Understanding the scope of what a construction defect is, and the areas that are most commonly litigated is helpful to understand when construction defect litigation is a viable option to pursue redress. Read the court decision
    Read the full story...
    Reprinted courtesy of Bremer Whyte Brown & O’Meara

    9th Circuit Closes the Door on “Open Shop” Contractor

    September 04, 2018 —
    At the height of the Great Depression nearly one-quarter of Americans were unemployed. In response, Congress enacted a series of laws including the Smoot-Hawley Tariffs Act, which raised tariffs on foreign goods in an effort to spur domestic investment and to increase the number of jobs. Sound familiar? Background The Davis-Bacon Act Among the new laws enacted by Congress was the Davis-Bacon Act which required contractors on federal works projects to pay their workers the wages prevailing in the area where a project was located, also known as “prevailing wages,” in an effort to stem the practice of employers bringing in lower-wage workers from outside the area. The same year that the Davis-Bacon Act was enacted, California enacted its own prevailing wage law modeled after the Davis-Bacon Act and applicable to state and local public works projects. Read the court decision
    Read the full story...
    Reprinted courtesy of Garret Murai, Wendel, Rosen, Black & Dean LLP
    Mr. Murai may be contacted at gmurai@wendel.com

    Motion to Dismiss Insureds' Counterclaim on the Basis of Prior Knowledge Denied

    September 04, 2018 —
    The insurer unsuccessfully moved to dismiss portions of the insureds' counterclaim based upon prior knowledge. Hudson Spec. Ins. Co. v. Talex Enter., 2018 U.S. Dist. LEXIS 105598 (S. D. Miss. June 25, 2018). The insureds' building collapsed in McComb, Mississippi. Pubic utilities were damaged and traffic disrupted. The City sued the insured, alleging that the building collapsed because there was too much water gathered on its roof. The City further alleged that the insureds knew too much water was on the roof because they had been told by someone hired to clean the drain that it was clogged and by a contractor that the roof was so damaged that it could not safely be repaired. 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