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    Bainbridge, Georgia

    Georgia Builders Right To Repair Current Law Summary:

    Current Law Summary: SB 563 stipulates that prior to filing a claim, a homeowner must give the contractor 30 day written notice detailing the nature of the defect. In response, contractor must provide (within 30 days of receipt) a written reply containing an offer of settlement, requirement of inspection or rejection. The law provides definitions relating to construction; offers immunity from liability for certain conditions; and sets up an alternative dispute resolution process.


    Expert Witness Engineer Contractors Licensing
    Guidelines Bainbridge Georgia

    No state license for general contracting required. License is required for Air Conditioning, Electrical, and Plumbing trades.


    Expert Witness Engineer Contractors Building Industry
    Association Directory
    Home Builders Association of South GA
    Local # 1194
    PO Box 2950
    Valdosta, GA 31603

    Bainbridge Georgia Expert Witness Engineer 10/ 10

    Golden Isles Home Builders Association
    Local # 1135
    218 Rose Drive
    Brunswick, GA 31520
    Bainbridge Georgia Expert Witness Engineer 10/ 10

    Home Builders Association of Albany & SW GA Inc
    Local # 1108
    PO Box 70424
    Albany, GA 31708

    Bainbridge Georgia Expert Witness Engineer 10/ 10

    Home Builders Association of Greater Savannah
    Local # 1188
    7116 Hodgson Memorial Dr
    Savannah, GA 31406

    Bainbridge Georgia Expert Witness Engineer 10/ 10

    Statesboro Home Builders Association
    Local # 1191
    1223 Merchants Way
    Statesboro, GA 30458
    Bainbridge Georgia Expert Witness Engineer 10/ 10

    Greater Columbus Home Builders Association
    Local # 1148
    6432 Bradley Park Dr
    Columbus, GA 31904

    Bainbridge Georgia Expert Witness Engineer 10/ 10

    Home Builders Association Of Warner Robins
    Local # 1196
    PO Box 8297
    Warner Robins, GA 31095

    Bainbridge Georgia Expert Witness Engineer 10/ 10


    Expert Witness Engineer News and Information
    For Bainbridge Georgia


    Professional Liability Client Alert: Law Firms Should Consider Hiring Outside Counsel Before Suing Clients For Unpaid Fees

    Coronavirus, Force Majeure, and Delay and Time-Impact Claims

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

    BHA Attending the Construction Law Conference in San Antonio, TX

    Privacy In Pandemic: Senators Announce Covid-19 Data Privacy Bill

    Two Firm Members Among the “Best Lawyers in America”

    MTA’S New Debarment Powers Pose an Existential Risk

    Building Down in November, Even While Home Sales Rise

    Construction Workers Face Dangers on the Job

    Chinese Billionaire Developer Convicted in UN Bribery Case

    Charles Carter v. Pulte Home Corporation

    Manhattan Vacancies Rise in Epicenter Shift: Real Estate

    Insurer Entitled to Reimbursement of Defense Costs Under Unjust Enrichment Theory

    Zoning Hearing Notice Addressed by Georgia Appeals Court

    Damages to Property That is Not the Insured's Work Product Are Covered

    What Sustainable Building Materials Will the Construction Industry Rely on in 2020?

    Women Make Their Mark on Construction Leadership

    West Coast Casualty’s Construction Defect Seminar Returns to Anaheim May 15th & 16th

    Colorado Court of Appeals holds that insurance companies owe duty of prompt and effective communication to claimants and repair subcontractors

    Faulty Workmanship Causing Damage to Other Property Covered as Construction Defect

    Colorado Supreme Court Rules that Developers Retain Perpetual Control over Construction Defect Covenants

    Bar Against Forum Selection Clauses in Construction Contracts Extended to Design Professionals

    New Safety Standards Issued by ASSE and ANSI

    Construction Contracts Need Amending Post COVID-19 Shutdowns

    The New “White Collar” Exemption Regulations

    Manhattan Homebuyers Pay Up as Sales Top Listing Price

    Insurance Tips for Contractors

    Fire Tests Inspire More Robust Timber Product Standard

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

    Use It or Lose It: California Court of Appeal Addresses Statutes of Limitations for Latent Construction Defects and Damage to Real Property

    Mediation Confidentiality Bars Malpractice Claim but for How Long?

    Reminder About the Upcoming Mechanic’s Lien Form Change

    Congress to be Discussing Housing

    County Officials Refute Resident’s Statement that Defect Repairs Improper

    Eleventh Circuit Asks Georgia Supreme Court if Construction Defects Are Caused by an "Occurrence"

    Crime Policy Insurance Quotes Falsely Represented the Scope of its Coverage

    White and Williams Elects Four Lawyers to Partnership, Promotes Six Associates to Counsel

    Wisconsin Court Applies the Economic Loss Doctrine to Bar Negligence Claims for Purely Economic Losses

    Toll Brothers Report End of Year Results

    Property Damage, Occurrences, Delays, Offsets and Fees. California Decision is a Smorgasbord of Construction Insurance Issues

    NYC Airports Get $500,000 Makeover Contest From Cuomo

    Canada Housing Starts Increase on Multiple-Unit Projects

    Preventing Acts of God: Construction Accidents Caused by Outside Factors

    Eleventh Circuit Rules That Insurer Must Defend Contractor Despite “Your Work” Exclusion, Where Damage Timing Unclear

    Insurance for Large Construction Equipment Such as a Crane

    Connecticut Supreme Court Finds Faulty Work By Subcontractor Constitutes "Occurrence"

    What You Need to Know About Notices of Completion, Cessation and Non-Responsibility

    The “Unavailability Exception” is Unavailable to Policyholders, According to New York Court of Appeals

    Foreclosure Deficiency: Construction Loan vs. Home Improvement Loan

    Colorado statutory “property damage” caused by an “occurrence”
    Corporate Profile

    BAINBRIDGE GEORGIA EXPERT WITNESS ENGINEER
    DIRECTORY AND CAPABILITIES

    Leveraging from more than 7,000 construction defect and claims related expert witness designations, the Bainbridge, Georgia Expert Witness Engineer Group provides a wide range of trial support and consulting services to Bainbridge'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
    Bainbridge, Georgia

    Don’t Sign a Contract that Doesn’t Address Covid-19 (Or Pandemics and Epidemics)

    December 14, 2020 —
    Do yourself a favor: Don’t sign a construction contract that doesn’t address COVID-19 or any pandemic or epidemic from this point forward! As the number of COVID-19 numbers rise, it would be reasonable to think this could have an impact on ongoing or future construction projects. For this reason, I want to revisit the subject of addressing COVID-19 (and any pandemic or epidemic) in your construction contract. The potential impact caused by COVID-19 could result from governmental regulations that impact construction of the project, shutdowns due to affected workers, owners’ decisions to suspend performance or adjust the way the project is being constructed, increased deep cleaning requirements, and increased measures associated with social distancing and re-sequencing of shifts. This all plays into the timeliness of performance and the productivity of manpower and equipment usage. When submitting a price, a lot of these considerations may not be factored in because doing so could lead to a price that will never get accepted. Read the court decision
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    Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
    Mr. Adelstein may be contacted at dma@kirwinnorris.com

    Hurricane Laura: Implications for Insurers in Louisiana

    October 19, 2020 —
    Just two days before the 15th Anniversary of Hurricane Katrina, Category 4 Hurricane Laura made landfall near Cameron, Louisiana. Although the “unsurvivable” 20-foot storm surge, which had been predicted ahead of the storm, thankfully was significantly less, the impact of Laura on the Southwest Coast of Louisiana and Southeast Coast of Texas and its neighboring parishes and counties, most notably Cameron Parish, was quite severe. Lake Charles, Louisiana suffered widespread flooding and sustained catastrophic wind damage. Although the storm moved quickly, it retained its strength longer than expected such that even areas well inland sustained considerable damage. Preliminary estimates for insured losses from storm surge, flooding, and winds range from $8 to $12 billion for residential and commercial properties. Insurers providing residential or commercial property insurance in Louisiana should keep the following statutory claims handling requirements in mind. Louisiana Statutory Provisions Under Louisiana law, an insurer is expected to comply with certain statutory requirements in investigating and handling claims submitted by its insureds and third-party claimants. The majority of these requirements, and the consequences of their violation, are codified by La. R.S. 22:1892, which governs the payment and adjustment of claims, and La. R.S. 22:1973, which delineates an insurer’s duty of good faith. Together, the statutes impose three requirements on insurers: timely initiation of loss adjustment, timely payment of claims, and a duty of good faith and fairness in the adjustment and payment of said claims. Reprinted courtesy of Jennifer Michel, Lewis Brisbois and Tabitha Durbin, Lewis Brisbois Ms. Michel may be contacted at Jenny.Michel@lewisbrisbois.com Ms. Durbin may be contacted at Tabitha.Durbin@lewisbrisbois.com Read the court decision
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    Reprinted courtesy of

    Car Crashes Through Restaurant Window. Result: Lesson in the History of Additional Insured Coverage

    December 29, 2020 —
    Back in the day, additional insureds were oftentimes afforded coverage for liability “arising out of” the named insured’s work for the additional insured. When confronted with such language, courts often concluded that it dictated “but for” causation. In other words, but for the named insured doing the work for the additional insured, the additional insured would not be in the liability-facing situation that it is in. The result in some cases: additional insureds were entitled to coverage for their sole negligence. Decisions reaching such a conclusion were generally not well-received by insurers. This was especially so when you consider that the premium received by insurers, for the AI coverage, may not have been enough to buy a package of Twizzlers. Insurer frustration with such decisions -- which insurers did not believe expressed the intent of additional insured coverage -- led ISO to make revisions to additional insured forms in 2004 (later revisions followed). At the heart of these revisions was an attempt to require fault on the part of the named insured before coverage could be afforded to the additional insured. (This is a very brief and simple history of this complex issue.) Read the court decision
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    Reprinted courtesy of Randy J. Maniloff, White and Williams LLP
    Mr. Maniloff may be contacted at maniloffr@whiteandwilliams.com

    New York Labor Laws and Action Over Exclusions

    February 01, 2021 —
    One of the most important methods for shifting risk in the construction context is insurance coverage. Upstream parties such as owner/developers and general contractors typically require that their downstream subcontractors who perform work on their properties or projects bring specific insurance to the table. These insurance requirements have a twofold purpose: protect the upstream parties, through additional insured coverage, from liabilities caused by the subcontractor; and protect the downstream parties by ensuring that they have adequate insurance for their own potential liabilities. In New York, subcontractor insurance coverage can have some surprising terms which frustrate risk transfer. Numerous policies contain “Action Over” exclusions, which bar coverage for one of the most significant exposures faced by owner-developers and general contractors: bodily injury lawsuits brought by subcontractor employees. It is critical that upstream parties understand the unique impact of New York’s labor laws on the insurance market and be prepared to identify and request removal of Action Over exclusions on subcontractor insurance policies. Reprinted courtesy of Theresa A. Guertin, Saxe Doernberger & Vita, P.C. and Ashley McWilliams, Saxe Doernberger & Vita, P.C. Ms. Guertin may be contacted at TGuertin@sdvlaw.com Ms. McWilliams may be contacted at AMcWilliams@sdvlaw.com Read the court decision
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    U.K. High Court COVID-19 Victory for Policyholders May Set a Trend in the U.S.

    November 09, 2020 —
    On September 15, 2020, in a matter entitled The Financial Conduct Authority v. Arch & Others1, the High Court of Justice of England and Wales, the equivalent of a trial court in the U.S., issued a ruling on a COVID-19 business interruption insurance case (the “Judgment”). Significantly, the Court sided with policyholders on most key coverage issues under specific non-damage business interruption insurance coverage forms. U.S. policyholders should review whether any of their policies issued by U.K.-based carriers, which may be subject to English law and have the forms discussed below, are impacted by this favorable decision. The Financial Conduct Authority (“FCA”), the U.K. financial regulatory body, brought the case to establish liability under 21 lead representative sample policy wordings from eight insurer defendants. The case was filed on an expedited basis on June 9, 2020 under the Financial Market Test Case Scheme, which is used for claims of general importance that require authoritative court guidance. Although the Judgment is legally binding only on the carriers who were parties to the action, the FCA estimates the case could affect 700 types of policies across 60 different insurers, and 370,000 small to medium-sized enterprises policyholders (“SME”) in the U.K. While the Judgment may be appealed, it is expected to incentivize insurers to settle their claims before the outcome of an appeal is known. Reprinted courtesy of Andres Avila, Saxe Doernberger & Vita and Anastasiya Collins, Saxe Doernberger & Vita Mr. Avila may be contacted at AAvila@sdvlaw.com Ms. Collins may be contacted at ACollins@sdvlaw.com Read the court decision
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    Remote Trials Can Control Prejudgment Risk

    September 07, 2020 —
    While courts across the country are largely unavailable to litigants demanding a jury trial, pre-judgment interest rules present an increasing penalty risk to a defendant wanting its day in court and may not always make a plaintiff whole. The COVID-19 pandemic has altered the manner in which people and industries operate across the board. In light of the need to maintain social distancing whenever possible, the use of technology to replace in-person appearances is becoming more commonplace. As more attorneys become comfortable with the remote platform, the willingness to consider a remote trial grows. With in-person jury trials suspended until further notice, it is important for attorneys and parties to consider the attendant consequences of the indefinite delay in waiting for a traditional jury trial. Aside from general inconvenience, continued delays may have a substantial financial impact, particularly with regard to the accumulation of pre-judgment interest. Reprinted courtesy of White and Williams LLP attorneys Robert G. Devine, Victor J. Zarrilli and Kimberly M. Collins Mr. Devine may be contacted at deviner@whiteandwilliams.com Mr. Zarrilli may be contacted at zarrilliv@whiteandwilliams.com Ms. Collins may be contacted at collinsk@whiteandwilliams.com Read the court decision
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    Cold Weather Causes Power Blackouts, Disruptions on Jobsites

    February 22, 2021 —
    A February cold snap in the central U.S. has created record power demand, resulting in outages from Texas to North Dakota and contractors bracing for delays and damage from weather impacts. Reprinted courtesy of Autumn Cafiero Giusti, Engineering News-Record ENR may be contacted at ENR.com@bnpmedia.com Read the full story... Read the court decision
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    Equitable Lien Designed to Prevent Unjust Enrichment

    November 09, 2020 —
    There are instances where a party does not have construction lien rights but, nevertheless, feels the need to pursue an equitable lien against the real property. No different than a construction lien, an action to enforce an equitable lien has a one-year limitations period if it arises from the “furnishing of labor, services, or material for the improvement of real property.” Fla. Stat. s. 95.11(5)(b). In other words, an equitable lien–not nearly as powerful as a construction lien because a construction lien is recorded in the official public records whereas an equitable lien is not–is tied to an analogous one-year limitations period for those liening for construction improvements. (Notably, if the equitable lien arises outside of the construction improvement context, the one-year statute of limitations would not apply. See Gabriji, LLC v. Hollywood East, LLC, 45 Fla. L. Weekly D2251a (Fla. 4th DCA 2020) (one-year statute of limitations period does not apply to all equitable liens such as those that do not arise from furnishing labor, services, or material for the improvement of real property)). Read the court decision
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    Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
    Mr. Adelstein may be contacted at dma@kirwinnorris.com