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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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    Guidelines Ashburn Virginia

    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

    Product Liability Alert: Evidence of Apportionment of Fault Admissible in Strict Products Liability Action

    Housing Buoyed by 20-Year High for Vet’s Loans: Mortgages

    Five-Year Peak for Available Construction Jobs

    Travelers’ 3rd Circ. Win Curbs Insurers’ Asbestos Exposure

    Fifth Circuit Reverses Insurers’ Summary Judgment Award Based on "Your Work" Exclusion

    Assert a Party’s Noncompliance of Conditions Precedent with Particularity

    California Cracking down on Phony Qualifiers

    BP Is Not an Additional Insured Under Transocean's Policy

    Florida’s Third District Court of Appeal Suggests Negligent Repairs to Real Property Are Not Subject to the Statute of Repose

    Georgia Supreme Court Rules Construction Defects Can Constitute an Occurrence in CGL Policies

    Flood Insurance Claim Filed in State Court Properly Dismissed

    Conspirators Bilked Homeowners in Nevada Construction Defect Claims

    Denver Condo Development Increasing, with Caution

    Construction Defects and Second Buyers in Pennsylvania

    Intricacies of Business Interruption Claim Considered

    Allegations of Actual Property Damage Necessary to Invoke Duty to Defend

    Rihanna Gained an Edge in Construction Defect Case

    Federal Public Works Construction Collection Remedies: The Miller Act Payment Bond Claim

    South Carolina Contractors Regain General Liability Coverage

    Turner Construction Selected for Anaheim Convention Center Expansion Project

    The Association of Southern California Defense Counsel (ASCDC) and the Construction Defect Claims Managers Association (CDMA) Annual Construction Defect Seminar

    California Supreme Court Shifts Gears on “Reverse CEQA”

    ‘Revamp the Camps’ Cabins Displayed at the CA State Fair

    Serial ADA Lawsuits Targeting Small Business Owners

    California Home Sellers Have Duty to Disclose Construction Defect Lawsuits

    Undocumented Debris at Mississippi Port Sparks Legal Battle

    "Damage to Your Product" Exclusion Bars Coverage

    Who Says You Can’t Choose between Liquidated Damages or Actual Damages?

    Oregon Supreme Court Confirms Broad Duty to Defend

    The Anatomy of a Construction Dispute- The Claim

    Dear Engineer: Has your insurer issued a “Reservation of Rights” letter? (law note)

    Reminder: Your MLA Notice Must Have Your License Number

    Self-Storage Magnates Cash In on the Surge in Real Estate

    The Colorado Construction Defect Reform Act Explained

    Builders Seek to Modify Scaffold Law

    DEP Plan to Deal with Noxious Landfill Fumes Met with Criticism

    Architect Sues School District

    FHFA’s Watt Says Debt Cuts Possible for Underwater Homeowners

    HOA Has No Claim to Extend Statute of Limitations in Construction Defect Case

    Ahead of the Storm: Preparing for Irma

    Mississippi exclusions j(5) and j(6) “that particular part”

    Fifth Circuit Asks Texas Supreme Court to Clarify Construction Defect Decision

    Coverage Rejected Under Owned Property and Alienated Property Exclusions

    Insurer Able to Refuse Coverage for Failed Retaining Wall

    Alabama “occurrence” and subcontractor work exception to the “your completed work” exclusion

    Housing Starts in U.S. Slumped More Than Forecast in March

    “Rip and Tear” Damage Remains Covered Under CGL Policy as “Accident”—for Now.

    Senate’s Fannie Mae Wind-Down Plan Faces High Hurdles

    Last Parcel of Rancho del Oro Masterplan Purchased by Cornerstone Communties

    California Supreme Court Hands Victory to Private Property Owners Over Public Use
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    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. Drawing 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

    Almost Half of Homes in New York and D.C. Are Now Losing Value

    September 03, 2015 —
    Almost half of single-family houses in the New York and Washington metropolitan areas are losing value, a sign that buyers' tolerance for high prices in many large U.S. cities may be reaching a limit. The values of 45 percent of houses in both the Washington and New York areas slumped by at least 2 percent in June from a year earlier, according to a new index created by Allan Weiss, co-founder of the Case-Shiller home price indexes. In June 2014, only 15 percent of Washington residences dropped in value, while 20 percent fell in New York. Because the index is of only single-family homes, it doesn't include Manhattan. More properties also were in decline in Los Angeles, Chicago, Phoenix and Miami. Read the court decision
    Read the full story...
    Reprinted courtesy of Prashant Gopal, Bloomberg

    When to use Arbitration to Resolve Construction Disputes

    February 25, 2014 —
    On the blog Construction Contractor Advisor, Craig Martin answers the question of whether arbitration is always the best choice for resolving construction claims. His answer: “Some claims may benefit from arbitration, but the benefit is not always clear.” Martin brings forth four points to consider. First, AIA Contracts do not “push Arbitration.” Second, the cost of arbitration may be expensive: “You could well spend over $5,000 just to have the arbitrator decide your case—again, not to mention your own attorneys fees.” Third, arbitration doesn’t avoid discovery. And finally, “mediation is always an option, regardless of which way you pursue your claim.” Read the court decision
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    Reprinted courtesy of

    Hundreds of Snakes Discovered in Santa Ana Home

    February 04, 2014 —
    404 Snakes—more than half dead—were discovered after a “nearly daylong search” in a home in Santa Ana, California, reported the Los Angeles Times. “Over the past few months, neighbors called authorities about the foul odor,” claimed the Orange County Register. “They thought it was trash. Then Jehovah’s Witnesses knocked on the door.” Concerned that someone might have died, they called the police. William Buchman, the homeowner, “identified as a snake breeder, was arrested on suspicion of animal cruelty, a felony,” according to the Los Angeles Times. Police wore gas masks and “clutched Tasers” as they entered the home. “Rats scampered over furniture and scores of clear plastic boxes holding the snakes lined the walls.” The Orange County Register claimed that up until recently Bachman was a “regular joe.” A neighbor said, “Let me tell you, Bill was a nice guy, outspoken, knowledgeable. He talked to my grandkids about school.” According to the Los Angeles Times, Buchman’s mother died in 2011, which appeared to “have affected him profoundly.” Read the full story at The Los Angeles Times... Read the full story at The Orange County Register... Read the court decision
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    Reprinted courtesy of

    Practical Advice: Indemnification and Additional Insured Issues Revisited

    September 08, 2016 —
    Lawyers love writing about indemnification. There are seventeen blog articles on our website alone that deal with the subject. Before you click out of this email in disgust that we are rehashing a stale topic, this post contains some practical advice for contractors and subcontractors dealing with the perplexing issues of indemnification and additional insured provisions. The concept of indemnity is based on a contractual agreement made between two parties, in which one party agrees to pay for the potential losses or damages caused by the other party. To indemnify someone means to protect that person or entity by promising to pay the cost of possible future damage, loss, or injury. When signing a contract, you should identify the indemnity obligations that could cost your business money. Finding the words “hold harmless” or “indemnify” in a proposed contract is not enough. The terms “hold harmless,” “save harmless,” or “indemnify” are a big part of the indemnification obligation. Although insurance requirements (“additional insured” clauses) accomplish virtually the same thing as very broad, unfair, or unlimited indemnity terms do, they result in an “end run” around the effort to limit the indemnification obligation. Read the court decision
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    Reprinted courtesy of John P. Ahlers, Ahlers & Cressman PLLC
    Mr. Ahlers may be contacted at

    CDJ’s #8 Topic of the Year: California’s Board of Equalization Tower

    December 31, 2014 —
    Imagine a workplace where bats fly, floors flood, and glass panels randomly pop out of the building to shatter on the sidewalk. Add to that repairs that could total more than twice the purchase price, and you have a story. Especially when it involves a California government facility. Jon Ortiz of the Sacramento Bee shared the story on Insurance News. Read the court decision
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    Reprinted courtesy of

    Fannie Mae Says Millennials Are Finally Leaving Their Parents' Basements

    December 17, 2015 —
    Parents, rejoice. Your offspring may finally be moving out of the family basement. A new report (PDF) from Fannie Mae, the U.S. government-backed mortgage company, suggests that the millennial generation is getting a move on. "According to the ACS [Census Bureau’s American Community Survey], the number of homeowners aged 25-34 fell by more than 250,000 in each year between 2007 and 2012, but has declined by less than 100,000 annually since then," Fannie Mae said. "In fact, the decline between 2013 and 2014 was statistically insignificant, the first indication of stability in the number of young homeowners since the onset of the Great Recession." So while the number of homeowners in that age range is still on the decline, the trend looks poised for a reversal, and Fannie Mae said it won't take much to see positive growth in millennial homeownership in the near future. Read the court decision
    Read the full story...
    Reprinted courtesy of Julie Verhage, Bloomberg

    Indiana Court Enforces Contract Provisions rather than Construction Drawing Markings

    January 14, 2015 —
    Timothy J. Abeska, a vice-chair of Barnes & Thornburg LLP’s Construction Law Practice Group, analyzed Goodrich Quality Theaters, Inc. v. Fostcorp Heating and Cooling, Inc., 16 N.E.3d 426 (Ind. Ct. App. 2014), which “provides an example of a court enforcing contract provisions rather than markings on construction drawings that are inconsistent with contract requirements.” The case evolved from a dispute on a construction of an IMAX theater, when the general contractor did not understand the architect’s markings for non-standard joist girders, and ordered standard joist girders, per the contract. The error created delays and other problems, which led to payment disputes and mechanic’s liens against the project. Abeska stated that “[t]his case shows the importance of making sure all documents which comprise a construction contract are consistent with each other, as courts will enforce contracts negotiated by the parties. The case also demonstrates that litigation is not a quick process, as the Court of Appeals Opinion was issued more than seven years after the project was completed.” Read the court decision
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    Reprinted courtesy of

    Ninth Circuit Affirms Duty to Defend CERCLA Section 104 (e) Letter

    October 10, 2013 —
    The Ninth Circuit held there is a duty to defend not only a PRP letter issued by the EPA, but also a section 104 (e) letter. Anderson Brothers, Inc. v. St. Paul Fire and Marine Ins. Co., 2013 U.S. App. LEXIS 18156 (9th Cir. Aug. 30, 2013). The insured received two letters from the EPA notifying it of potential liability under CERCLA for environmental contamination of the Portland Harbor Superfund Site. The first letter was received in January 2008, and stated that the EPA sought the insured's cooperation in its investigation of the release of hazardous substances at the site. The letter enclosed an extensive, 82-question "Information Request" seeking information about the insured's current and former activities at the site. The letter informed the insured that its voluntary cooperation was sought, but compliance with the Information Request was required by law and failure to respond could result in an enforcement action and civil penalties of $32,500 per day. The insured tendered the 104 (e) letter to St. Paul and requested a defense and indemnity pursuant to the CGL policy. St. Paul declined to provide a defense because the letter did not constitute a "suit," which was required by the policy to trigger the duty to defend. The second letter from the EPA, received in November 2009, was entitled "General Notice Letter for the Portland Superfund Site" and notified the insured that it was a "potentially responsible party ("PRP"). Read the court decision
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    Reprinted courtesy of Tred Eyerly
    Tred Eyerly can be contacted at