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    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".

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    A contractor's license is required for all trades. Separate boards license plumbing, electrical, HVAC, gas fitting, and asbestos trades.

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

    Ashburn Virginia Building Expert 10/ 10

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

    Ashburn Virginia Building Expert 10/ 10

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

    Ashburn Virginia Building Expert 10/ 10

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

    Ashburn Virginia Building Expert 10/ 10

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

    Ashburn Virginia Building Expert 10/ 10

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

    Ashburn Virginia Building Expert 10/ 10

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

    Ashburn Virginia Building Expert 10/ 10

    Building Expert News and Information
    For Ashburn Virginia

    Former Hoboken, New Jersey Mayor Disbarred for Taking Bribes

    Los Angeles Could Be Devastated by the Next Big Earthquake

    The Anatomy of a Construction Dispute Stage 3- The Last Straw

    Federal District Court Continues to Find Construction Defects do Not Arise From An Occurrence

    Water Bond Would Authorize $7.5 Billion for California Water Supply Infrastructure Projects

    Construction Defect Not a RICO Case, Says Court

    Forget the Apple Watch. Apple’s Next Biggest Thing Isn’t for Sale

    Ohio subcontractor work exception to the “your work” exclusion

    London Shard Developer Wins Approval for Tower Nearby

    Massive Redesign Turns Newark Airport Terminal Into a Foodie Theme Park

    Labor Shortage Confirmed Through AGC Poll

    LAX Construction Defect Suit May Run into Statute of Limitations

    Houses Can Still Make Cents: Illinois’ Implied Warranty of Habitability

    U.S. Supreme Court Weighs in on Construction Case

    Exponential Acceleration—Interview with Anders Hvid

    Cost of Materials Holding Back Housing Industry

    Towards Paperless Construction: PaperLight

    Pacing in Construction Scheduling Disputes

    City Sues over Leaking Sewer System

    How Mushrooms Can Be Used To Make Particle Board Less Toxic

    Ohio Court of Appeals: Absolution Pollution Exclusion Bars Coverage for Workplace Coal-Tar Pitch Exposure Claims

    Poor Pleading Leads to Loss of Claim for Trespass Due to Relation-Back Doctrine, Statute of Limitations

    Waive Not, Want Not: Waivers and Releases on California Construction Projects

    Home Prices in 20 U.S. Cities Kept Climbing in January

    Sensors for Smarter Construction – Interview with Laura Kassovic of MbientLab

    Can a Non-Signatory Invoke an Arbitration Provision?

    Consultant’s Corner: Why Should Construction Business Owners Care about Cyber Liability Insurance?

    Ohio School Board and Contractor Meet to Discuss Alleged Defects

    CA Supreme Court Rejects Proposed Exceptions to Interim Adverse Judgment Rule Defense to Malicious Prosecution Action

    Newmeyer & Dillion Welcomes Three Associates to Newport Beach Office

    Court Voids Settlement Agreement in Construction Defect Case

    BE PROACTIVE: Steps to Preserve and Enhance Your Insurance Rights In Light of the Recent Natural Disasters

    Construction Law Alert: Appellate Court Rules General Contractors Can Contractually Subordinate Mechanics Lien Rights

    One Word Makes All The Difference – The Distinction Between “Pay If Paid” and “Pay When Paid” Clauses

    New Jersey Appeals Court Ruled Suits Stand Despite HOA Bypassing Bylaw

    Foreman in Fatal NYC Trench Collapse Gets Jail Sentence

    Colorado’s Federal District Court Finds Carriers Have Joint and Several Defense Duties

    Drones Used Despite Uncertain Legal Consequences

    Details Matter: The Importance of Strictly Following Public Bid Statutes

    Investigation Continues on Children Drowning at Construction Site

    Reconciling Prompt Payments and Withholding of Retention Payments

    Damages in First Trial Establishing Liability of Tortfeasor Binding in Bad Faith Trial Against Insurer

    Workers on Big California Bridge Tackle Oil Wells, Seismic Issues

    Stadium Intended for the 2010 World Cup Still Not Ready

    Seventh Circuit Confirms Additional Insured's Coverage for Alleged Construction Defects

    Plaintiff’s Mere Presence in Area Where Asbestos is Present Insufficient to Establish Bystander Exposure

    California Supreme Court Finds that When it Comes to Intentional Interference Claims, Public Works Projects are Just Different, Special Even

    NLRB Broadens the Joint Employer Standard

    No Coverage Based Upon Your Prior Work Exclusion

    Risk Management for Condominium Conversions
    Corporate Profile


    The Ashburn, Virginia Building Expert 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 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.

    Building Expert News & Info
    Ashburn, Virginia

    The Burden of Betterment

    February 23, 2017 —
    The concept of betterment has long been used by defendants in cases involving defective design or construction to limit the damages awarded to a plaintiff.[1] The theory behind betterment is that: “if in [the] course of making repairs [an] owner adopts a more expensive design, recovery should be limited to what would have been the reasonable cost of repair according to original design.”[2] Betterment is often raised as an affirmative defense, requiring a defendant to prove that the plaintiff has received a good or service that is superior to that for which the plaintiff originally contracted. A recent South Florida case seems, at first blush, to suggest the burden of establishing the value of betterments may fall to the plaintiff, although a closer reading indicates the decision is likely to have limited applicability. In Magnum Construction Management Corp. v. The City of Miami Beach, the Third District Court of Appeal was asked to review the damages award to the City for construction defects associated with the redesign and improvement of a park.[3] The completed project contained landscaping deficiencies, along with other “minor defects” in the playground’s construction.[4] After a unilateral audit, and without providing the contractor its contractually required opportunity to cure the defects, the City “removed, redesigned, and replaced the playground in its entirety.”[5] It did so despite no recommendation by the City’s own expert to perform such work.[6] During the bench trial, the “only measure of damages provided by the City was the costs associated with the planning, permitting, and construction of a park that is fundamentally different from the one it contracted with [the contractor] to build.”[7] Read the court decision
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    Reprinted courtesy of Ryan M. Charlson, Cole, Scott & Kissane, P.A.
    Mr. Charlson may be contacted at

    Will Millennial’s Desire for Efficient Spaces Kill the McMansion?

    September 10, 2014 —
    Builder Magazine reported that millennials are currently “inhabiting high-tech, yet cozy student housing and apartments” without having “outsized space expectations,” however, that may change over the next ten years as “their preference for the walkable convenience that often accompanies smaller living spaces will collide head on with their parents’ (and grandparents’) insatiable addiction for square footage.” Regardless, builders may decide to change based upon a younger generation that accepts “efficient spaces.” According to Builder Magazine, Nick Lenhert, executive director at architectural firm KTGY, argued that the young “don’t really want what mom and dad have until they get married. Then all of a sudden things start to revert. They start getting realistic about what they need for the children and what they need for themselves. [Right now,] Gen Y is used to living in small spaces or with roommates because that’s all they can afford.” However, John Thatch, principal and director of design at the architectural and planning firm Dahlin Group, believes that even as millennials get older and conceivably need greater square footage, there is still a possibility that their tendency toward efficient spaces will continue: “I’m hoping this is the generation [that pulls in house size] because our generation went gigantic. It’s a chance for architects to get back to design smaller, more thoughtful spaces that are flexible.” Read the court decision
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    Reprinted courtesy of

    Ownership is Not a Conclusive Factor for Ongoing Operations Additional Insured Coverage

    November 15, 2017 —
    In McMillin Management Services v. Financial Pacific Ins. Co. (No. D069814, filed 11/14/17), a California appeals court held that an insurer had a duty to defend a general contractor under an “ongoing operations” additional insured (AI) endorsement for damage occurring after the named insured subcontractor completed its work, because the endorsement did not limit coverage solely to liability during the subcontractors’ ongoing operations, but rather, broadly provided coverage for liability “arising out of” such operations. Reprinted courtesy of Christopher Kendrick, Haight Brown & Bonesteel LLP and Valerie A. Moore, Haight Brown & Bonesteel LLP Mr. Kendrick may be contacted at Ms. Moore may be contacted at Read the court decision
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    Reprinted courtesy of

    There's No Such Thing as a Free House

    April 01, 2015 —
    Should people be able to get a free house by refusing to pay their mortgage? That's the question Florida has to answer. The housing crisis is over, and the housing market is healing itself, though slowly in some places. But a backlog of foreclosures still remains ... and it has been going on so long that some homes are now past the statute of limitations for collecting debt. Lawyers for the homeowners are arguing that this means they get to keep the house. Lawyers for the banks are, unsurprisingly, arguing that each month they fail to pay the mortgage payment starts the statutory clock anew. Both arguments create problems if the courts endorse them. If failing to pay really restarted the clock every month, then there wouldn't be a statute of limitations on debt -- creditors could just keep sending you bills forever and dun you right up to the edge of your grave. There's a very good reason that we have statutes of limitations on most crimes and most debts: The law recognizes that our interests in justice and contract rights must be balanced against other considerations. People need to be able to plan their lives without decades-old problems coming back to bite them, and also, as cases age, they get harder and harder to prove as witnesses die, evidence gets lost and memories fade. Read the court decision
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    Reprinted courtesy of Megan McArdle, Bloomberg
    Ms. McArdle may be contacted at

    Former Sponsor of the Lenox Facing Suit in Supreme Court

    January 13, 2014 —
    Lewis Futterman, former sponsor of the Lenox condominium in Harlem, New York, is being sued by the condo board for alleged “building code violations, construction defects, and fraud” according to New York Curbed. The residents claim that Futterman filed for bankruptcy in 2010 to avoid paying for repairs. The Lenox condo board filed suit in the New York Supreme Court last December 31st. The Lenox’s condo board claims that the building has “fundamental structural flaws, a defective roof and pervasive leakage,” reports Rowley Amato of New York Curbed. The board also claims the original offering plans were not the same as the units purchased by residents in 2006. Residents paid an estimated two hundred and sixty thousand to repair defects within the condominium, and they are pursuing a minimum of four million in damages. Katherine Clarke of The Real Deal stated that Futterman would only “say that the issue was between the residents and the construction company which built the project.” Read the full story at New York Curbed... Read the full story at The Real Deal... Read the court decision
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    Reprinted courtesy of

    Lockton Expands Construction and Design Team

    July 19, 2011 —

    Lockton Companies, LLC, the largest privately held independent insurance broker, has announced that it is expanding its construction and design team with the hiring of Karen Erger and Tom Miller.

    Ms. Erger will provide professional liability practice management, loss prevention, contract and complex claims management consulting services to Lockton's architectural, engineering and construction clients in her role as Vice President, Director of Practice Management. Her background includes construction litigation at a leading construction law firm, professional liability claims defense and claims consulting for major professional liability underwriters.

    Miller joins Lockton as a Senior Vice President within the Design and Construction Unit. His role will be dedicated to serving the needs of engineering, architecture and construction firms performing services around the globe. He has spent more than 15 years concentrating on professional liability for design professionals and contractors in multiple roles. He previously managed the professional liability underwriting of one of the largest construction insurers and has developed numerous manuscript insurance products as well as focused on strategic planning to enhance business unit opportunities.

    Read the full story…

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    Reprinted courtesy of

    Occurrence-Based Insurance Policies and Claims-Made Insurance Policies – There’s a Crucial Difference

    April 13, 2017 —
    I’ve yet to find reading through an insurance policy on anyone’s “bucket list.” But read them you should. Or have your attorney read through them (wink, wink). Because when you need to tender a claim there’s probably no more important document in the world. In Tidwell Enterprises, Inc. v. Financial Pacific Insurance Company, Inc., Case No. C078665 (November 29, 2016), a client whose attorney did read the policy, bested the insurer of a policy it issued. Tidwell Enterprises, Inc. In 2006 or 2007, Tidwell Enterprises, Inc. installed a fireplace at a single-family home located in Copperopolis, California. At the time, Tidwell had a general commercial liability policy issued by Financial Pacific Insurance Company, Inc. which expired in March 2010. Read the court decision
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    Reprinted courtesy of Garret Murai, Wendel Rosen Black & Dean LLP
    Mr. Murai may be contacted at

    Illinois Couple Files Suit Against Home Builder

    January 15, 2014 —
    Last December, Norman and Valerie Adkins, a couple in Edwardsville, Illinois, filed suit against their home builder, Customary Construction, and contractor Kevin M. Kahrig, alleging that the defendants did not build their deck according to code, Kelly Holleran of the Madison Record reported. According to the complaint as stated by the Madison Record, the Adkins purchased the home from the defendants in October of 2010. The couple notified Kahrig (the Customary Construction owner) regarding cracks along the perimeter of their deck that had not been caulked. Kahrig sent a crew to fix the cracks, but the Adkins were unhappy with the work, the complaint states. The Adkins hired a masonry contractor to fix the deck, and the contractor found “structural issues with the arches and brick columns supporting the deck at the back of their home,” reported the Madison Record. The Adkins then hired an engineer who “inspected the deck and reported that it had been improperly constructed and needed to be removed and replaced,” according to the complaint. The engineer continued, “The current condition of the deck is a safety hazard, as there is a risk of collapse and loose bricks or other masonry materials falling and striking a person within the proximity of the deck.” The Adkins are seeking “a judgment of more than $150,000, plus costs and attorney’s fees,” the Madison Record claims. Read the court decision
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    Reprinted courtesy of