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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".


    Building Expert 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.


    Building Expert Contractors Building Industry
    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


    A “Supplier to a Supplier” on a California Construction Project Sometimes Does Have a Right to a Mechanics Lien, Stop Payment Notice or Payment Bond Claim

    They Say Nothing Lasts Forever, but What If Decommissioning Does?

    Coverage Rejected Under Owned Property and Alienated Property Exclusions

    The Pandemic of Litigation Sure to Follow the Coronavirus

    AECOM Out as General Contractor on $1.6B MSG Sphere in Las Vegas

    Save A Legal Fee? Sometimes You Better Talk With Your Construction Attorney

    In a Win for Design Professionals, California Court of Appeals Holds That Relation-Back Doctrine Does Not Apply to Certificate of Merit Law

    Overruling Henkel, California Supreme Court Validates Assignment of Policies

    EPA Issues Interpretive Statement on Application of NPDES Permit System to Releases of Pollutants to Groundwater

    Steel-Fiber Concrete Link Beams Perform Well in Tests

    Construction Defect Fund Approved for Bankrupt Las Vegas Builder

    General Contractor/Developer May Not Rely on the Homeowner Protection Act to Avoid a Waiver of Consequential Damages in an AIA Contract

    Another Reminder to ALWAYS Show up for Court

    Everybody Is Going to End Up Paying for Texas' Climate Crisis

    No One to Go After for Construction Defects at Animal Shelter

    U.S. Homeownership Rate Rises for First Time in Two Years

    THE CALIFORNIA SUPREME COURT HAS RULED THAT THE RIGHT TO REPAIR ACT (SB800) IS THE EXCLUSIVE REMEDY FOR CONSTRUCTION DEFECT CLAIMS NOT INVOLVING PERSONAL INJURIES WHETHER OR NOT THE UNDERLYING DEFECTS GAVE RISE TO ANY PROPERTY DAMAGE in McMillin Albany LL

    Conflicting Exclusions Result in Duty to Defend

    Top 10 Lessons Learned from a Construction Attorney

    As Single-Family Homes Get Larger, Lots Get Smaller

    Premises Liability: Everything You Need to Know

    Contractors: Beware the Subordination Clause

    Eleventh Circuit Holds that EPA Superfund Remedial Actions are Usually Entitled to the FTCA “Discretionary Function” Exemption

    Congratulations to Haight’s 2019 Northern California Super Lawyers

    There's No Place Like Home

    Harborside Condo Construction Defect Settlement Moves Forward

    California Limits Indemnification Obligations of Design Professionals

    Housing in U.S. Cools as Rate Rise Hits Sales: Mortgages

    Jobs Machine in U.S. Created More Than Burger Flippers Last Year

    New York’s Highest Court Gives Insurers “an Incentive to Defend”

    CLB Recommends Extensive Hawaii Contractor License Changes

    South Carolina Homeowners May Finally Get Class Action for Stucco Defects

    KB Homes Sues Condo Buyers over Alleged Cybersquatting and Hacking

    Colorado Construction-Defects Reform Law Attempt Expected in 2015

    New Jersey Supreme Court Issue Important Decision for Homeowners and Contractors

    Beyond the Disneyland Resort: Dining

    Best Practices for ESI Collection in Construction Litigation

    Trumark Homes Hired James Furey as VP of Land Acquisition

    Navigating Complex Preliminary Notice Requirements

    Don’t Let Construction Problems Become Construction Disputes (guest post)

    Mandatory Attorneys’ Fee Award for Actions Brought Under the Underground Utility Damage Prevention Act

    Expansion of Statutes of Limitations and Repose in K-12 and Municipal Construction Contracts

    Claim for Vandalism Loss Survives Motion to Dismiss

    Uniform Rules Governing New York’s Supreme and County Courts Get An Overhaul

    San Francisco Law Firm Pillsbury Winthrop Shaw Pittman Hired New Partner

    OSHA Issues New Rules on Injury Record Keeping

    A Homeowner’s Subsequent Action is Barred as a Matter of Law by way of a Prior “Right to Repair Act” Claim Resolved by Cash Settlement for Waiver of all Known or Unknown Claims

    Massive Redesign Turns Newark Airport Terminal Into a Foodie Theme Park

    Connecticut Answers Critical Questions Regarding Scope of Collapse Coverage in Homeowners Policies in Insurers’ Favor

    What is the Effect of an Untimely Challenge to the Timeliness of a Trustee’s Sale?
    Corporate Profile

    ASHBURN VIRGINIA BUILDING EXPERT
    DIRECTORY AND CAPABILITIES

    The Ashburn, Virginia Building Expert Group is comprised from a number of credentialed construction professionals possessing extensive trial support experience relevant to construction defect and claims matters. Leveraging from this considerable body of experience, BHA provides construction related trial support and expert services to the nation's most recognized construction litigation practitioners, Fortune 500 builders, commercial general liability carriers, owners, construction practice groups, and a variety of state and local government agencies.

    Building Expert News & Info
    Ashburn, Virginia

    The Anatomy of a Construction Dispute Stage 2- Increase the Heat

    January 21, 2015 —
    Last week we discussed the groundwork and circumstances of a construction claim. This week’s post will discuss the next steps, hopefully short of full blown arbitration or litigation that you, as a construction company, can pursue presuming your claim has been properly preserved. If your contract requires certain steps such as informal resolution attempts or other items, these are the first things that must be done while still preserving your rights to pursue all remedies available. Instituting such contractually required resolution steps can and should be the first “notch” on the dial of increased pressure on the Owner, General Contractor or possibly Subcontractor against whom you have a claim. Read the court decision
    Read the full story...
    Reprinted courtesy of Christopher G. Hill, Law Office of Christopher G. Hill, PC
    Mr. Hill may be contacted at chrisghill@constructionlawva.com

    Federal Contractors Should Request Debriefings As A Matter Of Course

    May 30, 2018 —
    Federal Contractors—especially those engaging in FAR Part 15 direct contract negotiations—should make it a routine practice to timely request debriefings after the Contracting Agency excludes the bidder from the competitive range (“pre-award debriefing”) or after the Agency issues the award (“post-award debriefing”). Debriefings allow the Contractor to understand the evaluation process used by the Contracting Agency and to receive an assessment of how it fared in that evaluation. This is not a one-sided presentation as Contracting Agencies are required to answer the contractor’s relevant questions about the decision-making process. Properly run debriefings can be used to better tailor future bids and negotiations, as further marketing to the Contracting Agency for future awards, and, occasionally, to unearth grounds for a potential protest if any part of the evaluation process is out of sync with the FARs. In the event the contractor learns of a basis for protest at the debriefing, the deadline to file a protest begins running from the date of the debriefing—whether it was required or not. Read the court decision
    Read the full story...
    Reprinted courtesy of Scott MacDonald, Ahlers Cressman & Sleight PLLC
    Mr. MacDonald may be contacted at scott.macdonald@acslawyers.com

    Solar Power Inc. to Build 30-Megawatt Project in Inner Mongolia

    October 15, 2014 —
    Solar Power Inc. (SOPW), a renewable-energy developer backed by China’s LDK Solar Co., has agreed to build a solar farm with 30 megawatts of capacity in Inner Mongolia. Solar Power’s Xinyu Xinwei New Energy unit signed a construction agreement with Alxa League ZhiWei PV Power Co., the Roseville, California-based company said today in a statement. The project is expected to connect to the power grid by the end of March. Financial terms weren’t disclosed. It’s Solar Power’s second accord this month to build a project in China’s Inner Mongolia Region. Solar Power also is building a 20-megawatt power plant in Wulaichabu City. Read the court decision
    Read the full story...
    Reprinted courtesy of Justin Doom, Bloomberg
    Mr. Doom may be contacted at jdoom1@bloomberg.net

    Emergency Paid Sick Leave and FMLA Leave Updates in Response to COVID-19

    April 06, 2020 —
    The Families First Coronavirus Response Act (“FFCRA”) was signed by the President on March 18, 2020 and will become effective no later than April 2, 2020. The law contains numerous updates to the country’s employment regulations in response to the Coronavirus pandemic of which employers should be familiar. Of particular note, the FFCRA makes limited amendments to the Family and Medical Leave Act. Now, pursuant to the Emergency Family and Medical Leave Expansion Act (“EFMLEA”) employees may take up to 12 weeks of family and medical leave after having worked with the employer for 30 calendar days if the employee is unable to work (or telework) due to the employee’s need to care for a son or daughter under 18 years of age due to the child’s school closure or unavailability of a childcare provider due to a public health emergency, i.e., COVID-19. Unlike the FMLA, which does not apply to many small employers, this requirement applies to any employers with 500 or fewer employees. No mileage radius requirement exists under the EFMLEA. When an employee utilizes leave pursuant to EFMLEA, the first 10 days of that leave may consist of unpaid leave, but the employee may elect to substitute any accrued paid vacation leave, personal leave, or medical or sick leave, including the Emergency Paid Sick Leave provided for by the Act and described below). All subsequent days of leave taken by the employee after the tenth day must be paid by the employer at a rate of not less than two thirds of the employee’s regular rate of pay and the number of hours the employee would otherwise normally be scheduled to work. The cap is $200 per day or $10,000 in the aggregate. Reprinted courtesy of Yvette Davis, Haight Brown & Bonesteel and Kyle R. DiNicola, Haight Brown & Bonesteel Ms. Davis may be contacted at ydavis@hbblaw.com Mr. DiNicola may be contacted at kdinicola@hbblaw.com Read the court decision
    Read the full story...
    Reprinted courtesy of

    California Judicial Council Votes to Rescind Prohibitions on Eviction and Foreclosure Proceedings

    September 28, 2020 —
    The California Judicial Council’s emergency rules staying evictions and judicial foreclosures are coming to an end. On March 27, 2020, the Governor of California issued executive order N-38-20, giving the Judicial Council emergency authority to act in response to the COVID-19 pandemic. On April 6, 2020, the Judicial Council of California voted to approve temporary emergency rules of court. Rule 1 prohibited the issuance of a summons, or the entering of a default, in an eviction action for both residential and commercial properties except as necessary to protect public health and safety. Rule 1 also continued all pending unlawful detainer trials for at least 60 days, with no new trials being set until at least 60 days after a request was filed. Rule 2 stayed all pending judicial foreclosure actions, tolled the statute of limitations, and extended the deadlines for responding to such actions. Rule 1 and Rule 2 were to remain in effect until 90 days after the Governor declared the state of emergency resulting from the COVID-19 pandemic lifted, or until repealed by action of the Judicial Council. On August 13, 2020, the Judicial Council voted 19-1 to sunset Rule 1 and Rule 2 as of September 1, 2020. Beginning September 2, 2020, California state courts are authorized to issue summons on unlawful detainer actions, enter defaults, and set trial dates on request. Stays on pending judicial foreclosure actions will be lifted. Reprinted courtesy of David Rao, Snell & Wilmer and Lyndsey Torp, Snell & Wilmer Mr. Rao may be contacted at drao@swlaw.com Ms. Torp may be contacted at ltorp@swlaw.com Read the court decision
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    Reprinted courtesy of

    Award Doubled in Retrial of New Jersey Elevator Injury Case

    February 14, 2014 —
    Richard Tufaro, a New Jersey carpenter who suffered injuries from an elevator accident in 2005, had lost a $4 million award on appeal, but has recently “won $8million on retrial” according to The New Jersey Law Journal. In March of 2012, during the first trial, the “jury awarded $2.8 million for pain and suffering, $233,000 in medical expenses and $950,000 per quod to Tufaro's wife, totaling about $4 million.” In March 2013 the ruling was reversed by the Appellate Division who found “the verdict sheet and Coburn's jury instructions ‘together created a misleading and ambiguous deliberative environment, fully capable of engendering an unjust result.’" On February 11th, at the conclusion of the retrial, the jury “found Schindler Elevator and Escalator Co.'s negligent maintenance of an elevator led to a two-and-a-half-story plunge that left Richard Tufaro with neck and back injuries” and awarded Tufaro “$5.5 million for pain and suffering, $2.25 million per quod and $250,000 in medical expenses.” Read the court decision
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    Reprinted courtesy of

    What You Need to Know About Home Improvement Contracts

    July 30, 2019 —
    Given the variety of problems that can arise on a construction project, from defects to delays, it’s difficult to draft a construction contract that addresses every possible problem exactly right. However, so long as you adequately address the “big three” of scope, price and time, it’s also difficult to draft a construction contract wrong. That is, with one exception. And that one exception, in California, is home improvement contracts. In 2004, the California State Legislature enacted the state’s Home Improvement Business statute (Bus. & Prof. Code §§7150 et seq.). Section 7159 of the statute sets forth what must be included in home improvement contracts. It’s a section that could have been written by Felix Unger of the Odd Couple. In addition to setting forth required language that must be included in a home improvement contract, it directs where that language is to be set forth in a home improvement contract, and even how it is to be presented, down to type sizes. Read the court decision
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    Reprinted courtesy of Garret Murai, Wendel, Rosen, Black & Dean LLP
    Mr. Murai may be contacted at gmurai@wendel.com

    Receiving a $0 Verdict and Still Being Deemed the Prevailing Party for Purposes of Attorney’s Fees

    May 24, 2018 —
    Low and behold, a party can be the prevailing party for purposes of attorney’s fees even if that party is awarded $0. That’s right, even if the party is awarded a big fat zero, they can still be the prevailing party for purposes of being entitled to attorney’s fees. This is because a party is the prevailing party if they prevail on the significant issues in the case. A party can prevail on the significant issues even if that party is awarded $0. Whoa! For example, in Coconut Key Homeowner’s Association, Inc. v. Gonzalez, 43 Fla.L.Weekly D1045a (Fla. 4th DCA 2018), a homeowner sued her homeowner’s association claiming the association breached its governing documents. There was a basis for fees under Florida’s homeowner’s association law (and there likely was a basis under the governing documents). At trial, the jury held that the association breached its governing documents, but awarded the homeowner nothing ($0). The trial court also issued injunctive relief in favor of the homeowner. The homeowner claimed she should be deemed the prevailing party for purposes of attorney’s fees; however, this was denied by the trial court based on the $0 verdict and no fees were awarded to the homeowner. Read the court decision
    Read the full story...
    Reprinted courtesy of David Adelstein, Florida Construction Legal Updates
    Mr. Adelstein may be contacted at dadelstein@gmail.com