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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

    Design Professional Needs a License to be Sued for Professional Negligence

    No Coverage for Additional Insured After Completion of Operations

    Senate Overwhelmingly Passes Water Infrastructure Bill

    No Indemnity After Insured Settles Breach of Implied Warranty of Habitability Claims

    Reconciling Prompt Payments and Withholding of Retention Payments

    The Colorado Court of Appeals Rules that a Statutory Notice of Claim Triggers an Insurer’s Duty to Defend.

    Wendel Rosen Construction Attorneys Recognized by Super Lawyers

    Additional Insured Not Entitled to Coverage for Post-Completion Defects

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

    Pulte’s Kitchen Innovation Throw Down

    Anti-Fracking Win in N.Y. Court May Deal Blow to Industry

    RCW 82.32.655 Tax Avoidance Statute/Speculative Building

    Bert L. Howe & Associates Celebrates 21-Year Success Story

    GAO Sustains Unsupported Past Performance Evaluation and Unequal Discussion Bid Protest

    California Cracking down on Phony Qualifiers

    Haight Welcomes Robert S. Rucci

    Professional Liability Alert: Joint Client Can't Claim Privilege For Communications With Attorney Sued By Another Joint Client

    Vacant Property and the Right of Redemption in Pennsylvania

    Private Mediations Do Not Toll The Five-Year Prosecution Statute

    More Business Value from Drones with Propeller and Trimble – Interview with Rory San Miguel

    Colorado Senate Voted to Kill One of Three Construction Defect Bills

    Foundation Differences Across the U.S.

    Being deposed—not just for dictators! Depositions in the construction lawsuit (Law & Order: Hard Hat files Part 5)

    Mexico’s Construction Industry Posts First Expansion Since 2012

    Construction Costs Absorb Two Big Hits This Quarter

    Best Lawyers Recognizes Fifteen White and Williams Lawyers

    Contractor Sentenced to 7 Years for “Hail Damage” Fraud

    Supreme Court of California Rules That Trial Court Lacking Subject Matter Jurisdiction May Properly Grant Anti-SLAPP Motion on That Basis, and Award Attorney’s Fees

    Brown Orders Mandatory Water Curbs for California Drought

    Federal District Court Issues Preliminary Injunction Against Implementation of the Fair Pay and Safe Workplaces Final Rule

    Pennsylvania Sues Firms to Recoup Harrisburg Incinerator Losses

    Human Eye Resolution Virtual Reality for AEC

    U.S. Architecture Firms’ Billing Index Faster in Dec.

    No Additional Insured Coverage for Subcontractor's Work Outside Policy Period

    High School Gym Closed by Construction Defects

    Dallas Condo Project to Expand

    Insurer's Judgment on the Pleadings Based Upon Expected Injury Exclusion Reversed

    Flow-Down Clauses Can Drown Your Project

    New Jersey Senate Advances Bad Faith Legislation

    Haight Brown & Bonesteel Ranked on the 2017 "Best Law Firms" List by U.S. News - Best Lawyers

    Construction is the Fastest Growing Industry in California

    Owners Bound by Arbitration Clause on Roofing Shingles Packaging

    Faulty Workmanship may be an Occurrence in Indiana CGL Policies

    Smart Home Products go Mainstream as Consumer Demand Increases

    Construction Firm Sues Town over Claims of Building Code Violations

    Best Lawyers Recognizes Twelve White and Williams Lawyers

    Nevada Court Adopts Efficient Proximate Cause Doctrine

    Pulled from the Swamp: EPA Wetland Determination Now Judicially Reviewable

    Homebuilding Design Goes 3D

    Hawaii Supreme Court Tackles "Other Insurance" Issues
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    Leveraging from more than 5500 construction defect and claims related expert witness designations, the Ashburn, Virginia Building Expert Group provides a wide range of trial support and consulting services to Ashburn'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.

    Building Expert News & Info
    Ashburn, Virginia

    Denver Court Rules that Condo Owners Must Follow Arbitration Agreement

    November 07, 2012 —
    Prior to initiating a construction defect lawsuit, the Glass House Residential Association voted to invalidate the arbitration agreement that had been written into its declaration and bylaws by the developer and general contractor. After the association started their construction defect claims, the developer and general contractor argued that the case must go to arbitration, as the arbitration clause contained a provision that it could not be altered without the agreement of the developer and general contractor. The Denver District Court has ruled against that association, determining that the res triction was not in violation of Colorado condominium law. And, as a post from Polsinelli Shughart PC on JDSupra notes, the Colorado Common Interest Ownership Act encourages the use of arbitration procedures to settle disputes. The CCIOA does prohibit “certain restrictions on the homeowners association’s ability to amend the condominium declarations,” however, preserving an arbitration agreement is not one of them. Read the court decision
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    Reprinted courtesy of

    Virtual Reality for Construction

    July 14, 2016 —
    Paradoxically, Virtual Reality (VR) technologies are still lagging behind the visions that people have for their use. However, VR has already demonstrated its capacity to change the ways we design, make decisions about, and produce built environments. Is VR finally feasible? Two AEC Hackathons and meetings with certain startups have made me think that Virtual Reality (VR) might finally break through in construction. There are two reasons for my belief. Firstly, 3D and building information modeling (BIM) are widely adopted in the industry. The idea of virtual buildings and environments is nothing new and has become very natural. Secondly, there’s a growing interest in Gaming and Entertainment VR investments. This will push the technology forward and make it affordable to consumers. Read the court decision
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    Reprinted courtesy of Aarni Heiskanen, AEC Business
    Mr. Heiskanen may be contacted at

    Exculpatory Provisions in Business Contracts

    May 30, 2018 —
    An exculpatory provision in a contract is a provision that relieves one party from liability for damages. It shifts the risk of an issue entirely to the other party. Such a provision is generally drafted by the party preparing the contract that is looking to eliminate or disclaim liability associated with a particular risk, oftentimes a risk within their control. These provisions are also known as limitation of liability provisions because they do exactly that — limit liability as to a risk. For this reason, they can be useful provisions based on the context of certain risks, and are provisions that are included in business contracts (such as construction contracts). While such clauses are disfavored, they are enforceable if they are drafted clearly, unambiguously, and unequivocally. If they are unclear, ambiguous, or equivocal, they will construed against enforcement. See Obsessions In Time, Inc. v. Jewelry Exchange Venture, LLP, 43 Fla.L.Weekly D1033a (Fla. 3d DCA 2018) (finding exculpatory clause in lease ambiguous and, therefore, unenforceable as to lessor looking to benefit from the exculpatory clause). Read the court decision
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    Reprinted courtesy of David Adelstein, Florida Construction Legal Updates
    Mr. Adelstein may be contacted at

    Non-compliance With Endorsement Means No Indemnity Coverage

    January 15, 2019 —
    The insured's failure to verify that subcontractors had CGL policies and to provide a contract stating that the subcontractors would indemnify the insured as required by the policy's endorsement meant there was no coverage for the insured. Cincinnati Spec. Underwriters Ins. Co. v. Milionis Constr., Inc., 2018 U.S. Dist. LEXIS 199658 (E.D. Wash. Nov. 26, 2018). The homeowners filed suit against Milionis, the general contractor for construction of a home. The underlying suit alleged that Milionis breached the parties' agreement by leaving the home unfinished. Cincinnati defended Milionis under a reservation of rights. 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

    U.S. State Adoption of the National Electrical Code

    August 24, 2017 —
    What is the National Electrical Code? Did you know that as of 2017, there have been 15 revisions of The National Electrical Code since 1975, the year the average American home was built? The National Electrical Code codifies the minimum requirements for the safe electrical installations in a single, standardized source. While the NEC is not itself a law, the NEC is commonly mandated by state or local law. Where the NEC is adopted, anything less than the standards set by the NEC are illegal. The NEC revision is an open process that produces a new code every three years. The process includes:
    1. Public Input
    2. Public Commentary
    3. NFPA Technical Session
    4. Standards Council Action – Appeals and Issuance of the NEC
    Read the court decision
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    Reprinted courtesy of David R. Cook, Autry, Hanrahan, Hall & Cook, LLP
    Mr. Cook may be contacted at

    Insurer's Attempt to Limit Additional Insured Status Fails

    December 01, 2017 —
    The court disagreed with the insurer's attempt to limit additional insured status based upon the contract between the parties. Mays v. In re All C-Dive LLC, 2017 U.S. Dist. LEXIS 185874 (E.D. La. Nov. 9, 2017). Five employees of C-Dive LLC filed a lawsuit after belng injured in a pipeline explosion aboard a vessel servicing a pipeline owned by Gulf South Pipeline Company. During the work, there was a release of gas that caused an explosion and injured the employees. Read the court decision
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    Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii
    Mr. Eyerly may be contacted at

    Reroof Blamed for $10 Million in Damage

    November 06, 2013 —
    A renovation of the city hall in Bay City, Michigan went wrong when roof repairs lead to fire and flooding of the historic building. Bay City has sued Gregory Construction and Mihm Enterprises, who earlier had been awarded a $1.5 million contract to reroof the building. The cost of repairing the building is expected to exceed the city’s insurance limit of $10 million. The fire that damaged the building is alleged to have started when a roofer allegedly used a DeWalt grinder in attempt to remove some bolts. Under the contract with the city, the contractor was not going to use grinders, due to the risk of fire. The suit alleges that further water damage was caused, beyond the damage due to the firefighting, due to the contractor failing to “secure a section of the roof which was part of the Roofing Project with a tarp or other water-resistant covering.” The contractors dispute the claims made by Bay City, with Gregory Construction describing them as “untrue and contrary to the facts.” Gregory Construction also claims that their obligations were delegated to Mihn Enterprises. Mihn Enterprises disputes this and states that they do not “owe a duty to the Plaintiffs; as a result their negligence claim is unenforceable as a matter of law.” Read the court decision
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    Reprinted courtesy of

    California’s High Speed Rail Project. Are We Done With the Drama?

    October 22, 2014 —
    Proponents of California’s high-speed rail project cleared a major hurdle this past week when the California Supreme Court declined to review a California Court of Appeals ruling which held that the state’s funding plan did not violate Proposition 1A, the voter-approved initiative passed in 2008, which provided initial funding for the project. For those like me who have been following the fits and starts of California’s high-speed rail project, it may be hard to remember how it all got started, and how we got to where we are. California's High-Speed Rail Project California’s high-speed rail project involves the construction of a high-speed passenger rail system running from Northern California to Southern California. The $68 billion system, expected to begin operation in 2029, will initially run from San Francisco to the Los Angeles basin in under 3 hours with train speeds capable of over 200 miles per hour. The system will eventually extend from Sacramento to San Diego covering a distance of approximately 800 miles with up to 24 stations. Read the court decision
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    Reprinted courtesy of Garret Murai, Kronick Moskovitz Tiedemann & Girard
    Mr. Murai may be contacted at