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    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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    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

    Supreme Court of Wisconsin Applies Pro Rata Allocation Based on Policy Limits to Co-Insurance Dispute

    Tightest Credit Market in 16 Years Rejects Bernanke’s Bid

    Bert L. Howe & Associates Brings Professional Development Series to Their Houston Office

    Pennsylvania Supreme Court Reaffirms Validity of Statutory Employer Defense

    Denial of Coverage for Bulge in Wall Upheld

    Construction Halted in Wisconsin Due to Alleged Bid Issues

    Limiting Liability: Three Clauses to Consider in your Next Construction Contract

    The Construction Lawyer as Counselor

    Insured Under Property Insurance Policy Should Comply With Post-Loss Policy Conditions

    Subcontractors on Washington Public Projects can now get their Retainage Money Sooner

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

    Eastern District of Pennsylvania Denies Bad Faith Claim in HO Policy Dispute

    Georgia Supreme Court Says Construction Defects Can Be an “Occurrence”

    Is it the End of the Story for Redevelopment in California?

    Caltrans Hiring of Inexperienced Chinese Builder for Bay Bridge Expansion Questioned

    Another Reminder that Your Construction Contract Language Matters

    One to Watch: Case Takes on Economic Loss Rule and Professional Duties

    Technology and the Environment Lead Construction Trends That Will Continue Through 2019

    Specific Source of Water Not Relevant in Construction Defect Claim

    Developer’s Fraudulent Statements Are His Responsibility Alone in Construction Defect Case

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    A New Way to Design in 3D – Interview with Pouria Kay of Grib

    David M. McLain, Esq. to Speak at the 2014 CLM Claims College

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

    Important Information Regarding Colorado Mechanic’s Lien Rights.

    Ninth Circuit Rules Supreme Court’s Two-Part Test of Implied Certification under the False Claims Act Mandatory

    Whose Lease Is It Anyway: Physical Occupancy Not Required in Landlord-Tenant Dispute

    Ohio: Are Construction Defects Covered in Insurance Policies?

    Sales of New Homes in U.S. Increased 5.4% in July to 507,000

    Alabama Supreme Court Finds No Coverage for Construction Defect to Contractor's own Product

    Caterpillar Forecast Tops Estimates as Construction Recovers

    Pennsylvania Supreme Court Rules in Builder’s Implied Warranty of Habitability Case

    New Evidence Code Requires Attorney to Obtain Written Acknowledgement that the Confidential Nature of Mediation has been Disclosed to the Client

    Developers Celebrate Arizona’s Opportunity Zones

    Checking the Status of your Contractor License During Contract Work is a Necessity: The Expanded “Substantial Compliance” under B&P 7031 is Here

    Update: Where Did That Punch List Term Come From Anyway?

    Not So Universal Design Fails (guest post)

    Arbitration is Waivable (Even If You Don’t Mean To)

    The Top 10 Changes to the AIA A201: What You Need to Know

    BHA Expands Construction Experts Group

    SNC-Lavalin’s Former Head of Construction Pleads Guilty to Bribery, Money Laundering

    Connecticut Federal District Court Again Finds "Collapse" Provisions Ambiguous

    Heathrow Tempts Runway Opponents With $1,200 Christmas Sweetener

    Ohio Supreme Court Case to Decide Whether or Not to Expand Insurance Coverage Under GC’s CGL Insurance Policies

    Can General Contractors Make Subcontractors Pay for OSHA Violations?

    Florida High-Rise for Sale, Construction Defects Possibly Included

    Nicholas A. Thede Joins Ball Janik LLP

    Improperly Installed Flanges Are Impaired Property

    Expert Excluded After Never Viewing Damaged Property

    Court Rules Planned Development of Banning Ranch May Proceed
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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. 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

    South Dakota Supreme Court Holds That Faulty Workmanship Constitutes an “Occurrence”

    September 14, 2017 —
    The South Dakota Supreme Court recently determined that damage resulting from a subcontractor’s failure to test soil compaction before constructing a home constituted an “accident” and was therefore an “occurrence” under a commercial general liability (CGL) policy. In Owners Ins. Co. v. Tibke Construction, Inc., the homeowners hired Tibke Construction, Inc. to build a new house, and Tibke Construction hired subcontractor Jerry’s Excavating to perform excavation work. The homeowners contended that Jerry’s Excavating failed to do soil compaction testing before commencing construction, which resulted in the home being built on highly expansive soils, leading to damage including excessive settlement, cracking and structural unsoundness. Read the court decision
    Read the full story...
    Reprinted courtesy of Samantha Martino, Saxe Doernberger & Vita, P.C.
    Ms. Martino may be contacted at

    In Real Life the Bad Guy Sometimes Gets Away: Adding Judgment Debtors to a Judgment

    January 05, 2017 —
    As most litigators will tell you a plaintiff in a civil lawsuit needs to be able to prove both liability and damages to win a case. That is, you need to show both that the defendant is liable under the law and that you have suffered damages as a result. Proving one but not the other and you’ll lose the case. But there’s one other consideration that is just as important, albeit often elusive, and that is, collectability. Even if you win the case, if you can’t collect on the judgment, you might as well have lost. The following case, Wolf Metals, Inc. v. Rand Pacific Sales, Inc., California Court of Appeals for the Second District, Case No. B264002 (October 25, 2016), describes some of the remedies available, procedures to follow, and difficulties confronted when obtaining a default judgment against a judgment-proof defendant. Read the court decision
    Read the full story...
    Reprinted courtesy of Garret Murai, Wendel Rosen Black & Dean LLP
    Mr. Murai may be contacted at

    BP Is Not an Additional Insured Under Transocean's Policy

    April 01, 2015 —
    Responding to a certified question from the Fifth Circuit, the Texas Supreme Court determined that BP was not an additional insured under Transocean's liability policy and had no coverage under the policy for the deaths caused by the explosion of the Deepwater Horizon. In re Horizon, 2015 Tex. LEXIS 141 (Tex. Feb. 13, 2015). We have previously posted on this case in the federal courts here and here. Transocean owned the Deepwater Horizon, a mobile offshore drilling unit operating in the Gulf of Mexico pursuant to a contract with BP. After an explosion in April 2010, the rig caught fire, killing eleven crew members. Both Transocean and BP sought coverage under Transocean's primary and excess policies. Although they did not dispute that BP was an additional insured, Transocean and its insurers argued that BP was not entitled to coverage for pollution-related liabilities arising from subsurface oil releases in connection with the Deepwater Horizon accident. Read the court decision
    Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii
    Mr. Eyerly may be contacted at

    Legal Fallout Begins Over Delayed Edmonton Bridges

    June 22, 2016 —
    The project teams for Edmonton’s two problem bridge-replacement projects have put most of their woes behind them—if trips to civil court and possible late-completion penalties are excluded. Read the court decision
    Read the full story...
    Reprinted courtesy of Scott Van Voorhis, Engineering News-Record
    ENR may be contacted with questions or comments at

    UPDATE: Texas Federal Court Permanently Enjoins U.S. Department of Labor “Persuader Rule” Requiring Law Firms and Other Consultants to Disclose Work Performed for Employers on Union Organization Efforts

    December 08, 2016 —
    As an update to our prior alert, on November 16, 2016, a federal judge in Texas issued a permanent injunction blocking the U.S. Department of Labor’s (“DOL”) “persuader rule” – a preliminary injunction had been granted this past June. In rendering the permanent injunction, the court adopted the reasoning of its prior June 27, 2016 decision that granted a nationwide preliminary injunction on the rule. In the earlier decision, the court held that a temporary injunction was appropriate because the parties challenging the rule were likely to succeed on the merits of their claim […]. Reprinted courtesy of Aaron C. Schlesinger, Peckar & Abramson, P.C. and Gregory R. Begg, Peckar & Abramson, P.C. Mr. Schlesinger may be contacted at Mr. Begg may be contacted at Read the court decision
    Read the full story...
    Reprinted courtesy of

    Subcontractors Must be Careful Providing Bonds when General Contractor Does Not

    April 05, 2017 —
    After I wrote the title to this post, I thought, “Well, that says it all, doesn’t it?” I also considered the fact that for those that read this construction law blog on a regular basis, I am likely stating the obvious. I then thought about the fact that there can be confusion regarding the purpose of bonds versus insurance. Couple this with the fact that Murphy was an optimist, and I thought this would be a good reminder. Bonds and insurance have one fundamental difference between them. When your construction company buys insurance, that insurance is meant to protect your company. When your company provides a payment and/or performance bond, that bond is there not to protect your company but to protect everyone else on the job and the project itself. Where insurance will pay for your company’s qualifying errors so that that money does not come out of the bottom line, a bond contract will have an indemnification agreement whereby anything paid by the surety will then be reimbursed by you and your company dollar for dollar (as opposed to just the premium). Read the court decision
    Read the full story...
    Reprinted courtesy of Christopher G. Hill, The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at

    Sensors for Smarter Construction – Interview with Laura Kassovic of MbientLab

    November 17, 2016 —
    I had the pleasure of interviewing Laura Kassovic, CEO and Co-founder at MbientLab Inc. We discuss how wearable technology and smart sensors can help on the construction site. MbientLab is a technology company headquartered in San Francisco, California. It was started about four years ago by a team of engineers who are experts in sensors and machine learning. MbientLab develops wearable technology and also does manufacturing in the USA and Asia. Read the court decision
    Read the full story...
    Reprinted courtesy of Aarni Heiskanen, AEC Business
    Mr. Heiskanen may be contacted at

    ConsensusDOCS Hits the Cloud

    April 02, 2019 —
    I have discussed the ConsensusDOCS here at Musings on a few occasions. These relatively new form documents, endorsed by the AGC among other trade organizations, are a great counterpoint to the AIA documents that we all are more than familiar with and as construction attorneys and contractors have likely reviewed on numerous occasions. Recently, these documents have joined the parade and have taken to the cloud. The folks at ConsensusDOCS made this move to ease the type of collaboration that I have discussed must occur on construction projects among the players. The use of the cloud based technology is one of the first uses of this technology to increase productivity. Read the court decision
    Read the full story...
    Reprinted courtesy of The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at