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    Calais, Maine

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    Southern Maine Home Builders & Rem Assn
    Local # 2020
    8 Mulliken Ct Suite 3
    Augusta, ME 04330

    Calais Maine Expert Witness Engineer 10/ 10

    Southern York County Home Builders Association
    Local # 2030
    8 Mulliken Ct Suite 3
    Augusta, ME 04330

    Calais Maine Expert Witness Engineer 10/ 10

    Home Builders & Remodelers Assn of Maine
    Local # 2000
    8 Mulliken Ct Suite 3
    Augusta, ME 04330

    Calais Maine Expert Witness Engineer 10/ 10

    Modular Home Builders Association of Maine
    Local # 2015
    8 Mulliken Ct Suite 3
    Augusta, ME 04330

    Calais Maine Expert Witness Engineer 10/ 10

    Expert Witness Engineer News and Information
    For Calais Maine

    Caterpillar Said to Be Focus of Senate Overseas Tax Probe

    Not in My Kitchen – California Supreme Court Decertifies Golden State Boring Case

    Excess Must Defend After Primary Improperly Refuses to Do So

    No Coverage For Construction Defects When Complaint Alleges Contractual Damages

    The Real Estate Crisis in North Dakota's Man Camps

    A Survey of Trends and Perspectives in Construction Defect Decisions

    Construction Venture Sues LAX for Nonpayment

    Contractor May Be Barred Until Construction Lawsuit Settled

    Supreme Court Rejects “Wholly Groundless” Exception to Question of Arbitrability

    Court of Appeal Confirms Privette Doctrine as Applied to Passive Conduct of Property Owner

    Manhattan Home Prices Jump to a Record as Buyers Compete

    The General Assembly Adds Some Clarity to Contracts and Unlicensed Contractors

    IoT: Take Guessing Out of the Concrete Drying Process

    Sixth Circuit Finds No Coverage for Property Damage Caused by Faulty Workmanship

    Damage to Plaintiffs' Home Caused By Unmoored Boats Survives Surface Water Exclusion

    Tesla Finishes First Solar Roofs—Including Elon's House

    Be Careful with Mechanic’s Lien Waivers

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

    Charlotte, NC Homebuilder Accused of Bilking Money from Buyers

    Insurance and Your Roof

    Six-Month Prison Term for Role in HOA Scam

    No Coverage for Defects in Subcontrator's Own Work

    California Complex Civil Litigation Superior Court Panels

    Construction Law Client Alert: California’s Right to Repair Act (SB 800) Takes Another Hit, Then Fights Back

    Insurer Must Produce Documents After Failing To Show They Are Confidential

    Denver Council Committee Approves Construction Defects Ordinance

    Turner Construction Selected for Anaheim Convention Center Expansion Project

    Why You Make A Better Wall Than A Window: Why Policyholders Can Rest Assured That Insurers Should Pay Legal Bills for Claims with Potential Coverage

    New Jersey Appeals Court Ruled Suits Stand Despite HOA Bypassing Bylaw

    Coverage Denied for Ensuing Loss After Foundation Damage

    Legislative Changes that Impact Construction 2017

    White and Williams Earns National "Best Law Firm" Rankings from US News

    Apprentices on Public Works Projects: Sometimes it’s Not What You Do But Who You Do the Work For That Counts

    California Supreme Court to Examine Arbitration Provisions in Several Upcoming Cases

    Homeowners Not Compelled to Arbitration in Construction Defect Lawsuit

    How Many New Home Starts are from Teardowns?

    “You’re Out of Here!” -- CERCLA (Superfund) Federal Preemption of State Environmental Claims in State Courts

    Insurer Need Not Pay for Rejected Defense When No Reservation of Rights Issued

    Three Attorneys Elevated to Partner at Newmeyer & Dillion, LLP

    Construction Insurance Rates Up in the United States

    The Rubber Hits the Ramp: A Maryland Personal Injury Case

    Hurdles with Triggering a Subcontractor Performance Bond

    Residential Construction: Shrinking Now, Growing Later?

    Lien Waivers Should Be Fair — And Efficient

    Lessons from the Sept. 19 Mexico Earthquake

    Exceptions to Privette Doctrine Do Not Apply Where There is No Evidence a General Contractor Affirmatively Contributed to the Injuries of an Independent Contractor's Employee

    Arkansas: Avoiding the "Made Whole" Doctrine Through Dépeçage

    Appraisal Process Analyzed

    Court Requires Adherence to “Good Faith and Fair Dealing” in Construction Defect Coverage

    Freddie Mac Eases Mortgage Rules to Limit Putbacks
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    The Calais, Maine Expert Witness Engineer Group at BHA, leverages from the experience gained through more than 5,500 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 Calais' 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
    Calais, Maine

    Second Circuit Upholds Constitutionality of NY’s Zero Emissions Credit Program

    November 21, 2018 —
    On September 27, the U.S. Court of Appeals for the Second Circuit affirmed the District Court’s ruling that the “Zero Emissions Credit” (ZEC) program of the New York Public Service Commission is not unconstitutional. The case is Coalition for Competitive Electricity, et al. v. Zibelman, Chair of the New York Public Service Commission, et al. In effect, the ZEC program provides subsidies to qualifying New York nuclear power plants as a way to reduce greenhouse gas emissions. The ZEC program is intended to prevent nuclear plants from being prematurely retired from generating power until suitable replacement facilities are operating. Read the court decision
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    Reprinted courtesy of Anthony B. Cavender, Pillsbury
    Mr. Cavender may be contacted at

    Hawaii Federal District Court Rejects Insurer's Motion for Summary Judgment on Construction Defect Claims

    November 06, 2018 —
    Taking into consideration a "Revised Occurrence Endorsement," the federal district court determined the insurer had a duty to defend. Gemini Ins Co. v. Constrx Ltd., 2018 U.S. Dist. LEXIS 163453 (D. Haw. Sept. 24, 2018). Constrx Ltd. (CRX) contracted with the AOAO to perform remedial construction repairs to condominium buildings and apartment units. CRX asserted that it completed all work, including charge orders and punch list items and it left the site. CRX was paid less that the contract amount and demanded arbitration against the AOAO. In the arbitration the AOAO relied upon a report by Posard Brock & Associates (PBA) Report which set forth the AOAO's claims against CRX, including corrective work, remaining punch list work, construction delay costs, cost overruns, and other items justifying its payment than less that the contract amount. 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

    Claim for Consequential Damages Survives Motion to Dismiss

    November 14, 2018 —
    The insured's claim for consequential damages survived the insurer's motion to dismiss. Tiffany Tower Condominium, LLC v. Ins. Co. of the Greater N.Y., 2018 N.Y. App. Div. LEXIS 5783 (N.Y. App. Div. Aug. 22, 2018). Tiffany Tower submitted a claim in November 2012 with Insurance Company of the Great New York for damages sustained by its building during Superstorm Sandy. The insurer paid the original claim in December 2012. Then, in September 2014, Tiffany Tower submitted a supplemental claim for additional losses which it asserted were caused by the storm. The insurer denied the supplemental claim. 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

    How AI and Machine Learning Are Helping Construction Reduce Risk and Improve Margins

    November 28, 2018 —
    The construction industry is often characterized as high risk and low margin. According to a McKinsey report, almost 98 percent of projects incur cost overruns or delays. Meanwhile, the construction productivity curve has remained flat when compared to other industries. In the last decade, with the advent of cloud and mobile technologies, industry leaders have been focused on digitizing construction workflows. This has resulted in improved efficiencies, but also has created an explosion of new data sources in the construction industry. Project teams are now capturing and documenting data on mobile devices, site progress is documented via drones and sensors are used to create a connected jobsite. Reprinted courtesy of Manu Venugopal, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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    Reprinted courtesy of

    Drones Give Inspectors a Closer Look at Bridges

    January 02, 2019 —
    Ted Zoli, national chief bridge engineer with HNTB, compares bridge inspections to taking his kids to the doctor. “Every few years you take another set of pictures of the bridge, and ultimately you can pattern it. You pay attention in a deeper way to responses, and have a record.” But like parents who don’t want to send kids to the doctor at the first sign of a sniffle, once managers understand the characteristics of a bridge and its behavior, they don’t need to do constant in-depth reinspections. They are constantly looking for ways to make better decisions with the data they already have. “We spend a lot of money inspecting bridges,” says Zoli. “The question becomes whether there is a more technologically efficient way to do it.” Read the court decision
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    Reprinted courtesy of Aileen Cho, ENR
    ENR may be contacted at

    "Abrupt Falling Down of Building or Part of Building" as Definition of Collapse Found Ambiguous

    October 23, 2018 —
    The federal district court predicted the California Supreme Court would find the definition of collapse, calling for the abrupt falling down or caving in of a building or part of a building, to be ambiguous. Hoban v. Nova Cas. Co., 2018 U.S. Dist. LEXIS 139116 (N.D. Cal. Aug. 15, 2018). The insureds' bowling center had two roof trusses that helped support the roof. The truss failures caused the building ceiling, overhead monitors, and disco ball to drop approximately six to ten inches, and also caused ceiling tiles and a layer of insulation to fall from the ceiling. A general contractor, named Tom Powers, and the county building inspector inspected the damage. The building inspector immediately ordered the business closed until necessary repairs could be completed. Powers was hired to shore up the roof support system to prevent a complete collapse. Thereafter, the insureds were able to re-open the bowling alley. 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

    KY Mining Accident Not a Covered Occurrence Under Commercial General Liability Policy

    December 04, 2018 —
    In Am. Mining Ins. Co. v. Peters Farms, LLC,1 the Kentucky Supreme Court ruled that a mining error was not a covered accident under a commercial general liability insurance policy. The central issue was whether an insured mining company’s unauthorized removal of minerals from a neighboring property was an “occurrence” that unintentionally caused “property damage” as defined by the mining company’s commercial general liability policy (“CGL Policy”). Read the court decision
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    Reprinted courtesy of Phillip A. Perez, Saxe Doernberger & Vita, P.C.
    Mr. Perez may be contacted at

    Building Codes Evolve With High Wind Events

    November 14, 2018 —
    Designs for wind loads have been in building codes for a long time. Prior to the creation of the International Building Code, the three primary legacy codes had wind load provisions but they mostly dealt with wind loads on the building frame and had little load information about the building components or the exterior cladding. Since Hurricane Andrew in 1992, building codes include more wind design information that comes from disaster investigations and wind engineering research conducted primarily at the university level. In 2000, the legacy building codes were replaced with the International Building Code (IBC). Residential buildings must comply with the International Residential Code (IRC). Both of these building code documents reference the engineering load standard, ASCE 7 Minimum Design Loads and Other Criteria for Buildings and Other Structures. This load standard has also been in existence for a long time; it now is revised every six years and the building codes revised every three years (IBC and IRC) reference ASCE 7 so the provisions in ASCE 7 become part of the building code requirements. Reprinted courtesy of William L. Coulbourne, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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    Reprinted courtesy of