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    Expert Witness Engineer Builders Information
    Alberta, 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 Alberta 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
    Tidewater Builders Association
    Local # 4854
    2117 Smith Ave
    Chesapeake, VA 23320

    Alberta Virginia Expert Witness Engineer 10/ 10

    Peninsula Housing & Builders Association
    Local # 4844
    760 McGuire Pl
    Newport News, VA 23601

    Alberta Virginia Expert Witness Engineer 10/ 10

    Home Builders Association of Southside VA
    Local # 4863
    10300 Corporate Road
    Petersburg, VA 23805

    Alberta Virginia Expert Witness Engineer 10/ 10

    New River Valley Home Builders Association
    Local # 4837
    PO Box 2010
    Christiansburg, VA 24068

    Alberta Virginia Expert Witness Engineer 10/ 10

    Builders & Associates of Southern VA
    Local # 4829
    PO Box 10178 Ste 28
    Danville, VA 24543
    Alberta Virginia Expert Witness Engineer 10/ 10

    Roanoke Regional Home Builders Association
    Local # 4881
    1626 Apperson Dr
    Salem, VA 24153

    Alberta Virginia Expert Witness Engineer 10/ 10

    Home Builders Association of Central VA
    Local # 4827
    20334 Timberlake Rd Ste 3
    Lynchburg, VA 24502

    Alberta Virginia Expert Witness Engineer 10/ 10

    Expert Witness Engineer News and Information
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    Leveraging from more than 5500 construction defect and claims related expert witness designations, the Alberta, Virginia Expert Witness Engineer Group provides a wide range of trial support and consulting services to Alberta'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
    Alberta, Virginia

    Limiting Liability: Three Clauses to Consider in your Next Construction Contract

    June 25, 2019 —
    In your next contract, consider including some (or all!) of the following clauses to limit your liability and maximize your profits. Waiver of Consequential Damages While a proven breach of contract will leave a design professional or contractor exposed to direct or compensatory damages, a waiver of consequential damages will help “stop the bleeding” and protect the design professional or contractor from paying every damage that might flow from the breach. Consequential damages include those damages which indirectly flow from the breach of contract, for example, lost rents, lost profits, lost use, lost opportunity, loss of employee productivity, and damages to reputation. The American Institute of Architects (AIA) has included a mutual waiver of consequential damages in its sample A201 for over 20 years. The AIA provision includes a definition of consequential damages which are waived, including many of the examples cited above. However, the AIA waiver of consequential damages clause carves out an exception for liquidated damages to the owner. Prudent design professionals and contractors will strike this exception so as not to render the clause meaningless. A well-drafted waiver clause will be mutual, will define which damages are consequential versus direct, and will not contain exceptions. Read the court decision
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    Reprinted courtesy of Tara Lynch - Gordon & Rees Scully Mansukhani
    Ms. Lynch may be contacted at

    Colorado House Bill 19-1170: Undefined Levels of Mold or Dampness Can Make a Leased Residential Premises Uninhabitable

    April 03, 2019 —
    One of the 407 bills the Colorado legislature is considering as of the date of this blog post is House Bill 19-1170, the Residential Tenants Health and Safety Act, which can be found at and clicking on the link for the recent bill text. The bill passed the House on February 26 and is in the Senate for consideration. The bill currently adds two substantive conditions to those conditions that make a residential premises uninhabitable. One is the lack of functioning appliances that conformed to applicable law when installed and that are maintained in good working order. The second is “mold that is associated with dampness, or there is any other condition causing the premises to be damp, which condition, if not remedied, would materially interfere with the health or safety of the tenant…,” referred to here as “the mold or dampness provision.” The bill also amends various procedural provisions of Colorado law to make enforcement by a tenant easier and broadens tenant remedies. The bill grants jurisdiction to county and small claims courts to grant injunctions for breach. This article focuses on the mold or dampness provision. The mold or dampness provision is vague and will likely lead to abuse. First, there is mold everywhere. While expert witnesses routinely testify about the level of exposure that is unacceptable, no generally accepted medical standards for an unacceptable level of mold exposure currently exist, and each person reacts to mold differently. There is no requirement in the bill that mold exposure exceed levels that are generally considered harmful by experts in the field, or even in excess of naturally occurring background levels. Second, some sources estimate that there are over 100,000 different species of mold. No harmful effects have been shown for many species of mold, while other species of mold are considered harmful. Read the court decision
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    Reprinted courtesy of Steve Heisdorffer, Higgins, Hopkins, McLain & Roswell
    Mr. Heisdorffer may be contacted at

    Liability Cap Does Not Exclude Defense Costs for Loss Related to Deep Water Horizon

    May 01, 2019 —
    The Texas Supreme Court found that Lloyd's endorsement imposing a cap on liability for a joint venture did not exclude coverage for defense costs. Anadarko Petroleum Corp. v. Houston Cas. Co. et al., 2019 Texas LEXIS 53 (Texas Jan. 25 2019j. Pursuant to a joint venture agreement, Anadarko held a 25% ownership interest in the Macondo Well in the Gulf of Mexico. When the well blew out, numerous third parties filed claims against BP entities and Anadarko. Many of the claims were consolidated into a multi-district litigation (MDL). The MDL court granted a declaratory judgment finding BP and Anadarko jointly and severally liable. BP and Anadarko reached a settlement in which Anadarko agreed to transfer its 25% ownership interest to BP and pay BP $4 billion. In exchange, BP agreed to release any claims it had against Anadarko and to indemnify Anadarko against all other liabilities arising out of the Deepwater Horizon incident. BP did not agree, however, to cover Anadarko's defense costs. Anadarko had a policy through Lloyd's. The policy provided excess-liability coverage limited to $150 million per occurrence. Lloyd's paid Anadarko $37.5 million (25% of the $150 million limit) based upon Anadarko 25% ownership in the joint venture. Anadarko argued that Lloyd's still owed all of Anadarko's defense expenses, up to the $150 million limit. Read the court decision
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    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at

    Quick Note: Lis Pendens Bond When Lis Pendens Not Founded On Recorded Instrument Or Statute

    May 20, 2019 —
    If a lis pendens is recorded and the lis pendens is NOT founded on a duly recorded instrument (e.g., mortgage) or a statute (e.g., construction lien), a lis pendens bond should be recorded. The lis pendens bond should cover prospective damages associated with the wrongful / unjustified recording of a lis pendens that were suffered by the property owner. The reason being is that the lis pendens has an effect on the title to the property as long as the lis pendens is recorded. Damages could stem from a decline in the market value of the property, continued upkeep and maintenance of the property, and there may also be (and, really, should be) consideration for loss of investment return associated with the equity in that property. Read the court decision
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    Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
    Mr. Adelstein may be contacted at

    Property Damage to Insured's Own Work is Not Covered

    May 27, 2019 —
    The Michigan Court of Appeals found there was no coverage for a lawsuit filed against the insureds for faulty workmanship. Skanska United States Bldg. v M.A.P. Mech. Contrs., 2019 Mich App. LEXIS 529 (Mich. Ct. App. March 19, 2019). Contractor Skanska United States Building was the construction manager on a renovation project for the medical center. The heating and cooling portion of the project was subcontracted to M.A.P. Mechanical Contractors (MAP). MAP had a CGL policy from Amerisure Insurance Company. Skanska and the medical center were named as additional insureds on the policy. After installation of the steam boiler and related piping, it was discovered that the heating system did not function property. Skanska discovered that MAP had installed some of the expansion joints backward, causing damage to concrete, steel, and heating system. The medical center sent a demand to MAP. Skanska performed the repairs and replaced the damaged property. Skanska then submitted a claim to Amerisure, which was denied. Read the court decision
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    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at

    Gardeners in the City of the Future: An Interview with Eric Baczuk

    July 08, 2019 —
    I had the pleasure of interviewing Eric Baczuk, Designer at Google. We discuss his views on the future urban experience and design. We also touch on Sidewalk Labs of which Eric was a founding team member. What are you working on currently? I lead a design team imagining future of communication and thinking about possibilities for what–if anything–might replace the smartphone in our daily lives. What could be the next affordance or device that could offer us a more seamless interface with the digital world? Can you be more specific about the interfaces? It’s really just imagining a future with digital interfaces that might be a bit more natural and more humane than what is currently available. In many ways, I think the phone has monopolized social life. You see people standing on the street, for example, waiting for the bus, and 99 percent will have their noses glued to their phones. I think it’s quite anti-social, and in some ways, prevents the friendly, serendipitous encounters that used to be so characteristic of urban living. Read the court decision
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    Reprinted courtesy of Aarni Heiskanen, AEC Business
    Mr. Heiskanen may be contacted at

    Attorney’s Fees Entitlement And Application Under Subcontract Default Provision

    May 06, 2019 —
    Many subcontracts contain a provision in the default section that reads something to the effect: “Upon any default, Subcontractor shall pay to Contractor its attorney’s fees and court costs incurred in enforcing this Subcontract or seeking any remedies hereunder.” Oftentimes, a party may wonder as to the enforceability of the provision and how it is applied in the context of a dispute between a contractor and its subcontractor where both parties have asserted claims against the other. In an opinion out of the Middle District of Georgia, U.S. f/u/b/o Cleveland Construction, Inc. v. Stellar Group, Inc., 2019 WL 338887 (M.D.Ga. 2019), a subcontractor and prime contractor on a federal construction project each asserted claims against the other in the approximate amount of $4 Million, meaning there was a potential $8 Million swing in the dispute. The subcontract contained a provision entitling the contractor to recover attorney’s fees incurred in enforcing the subcontract or seeking remedies under the subcontract upon any default, identical to the provision above. Read the court decision
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    Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
    Mr. Adelstein may be contacted at

    Quick Note: Third-Party Can Bring Common Law Bad Faith Claim

    July 01, 2019 —
    A third-party claimant may bring a common law bad faith claim against a defendant’s liability insurer. Mccullough v. Royal Caribbean Cruises, 2019 WL 2076192, *2 (S.D.Fla. 2019). “A bad faith claim may be brought by a third party absent an assignment from the [defendant] insured.” Id. This can only be done in the third-party bad faith context with the argument that the insurer’s “bad faith” conduct resulted in a judgment against the defendant-insured in excess of the policy limits. However, in any third-party bad faith claim (and, really, bad faith claim in general), coverage must first be determined under the policy. Read the court decision
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    Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
    Mr. Adelstein may be contacted at