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    Grayling, Alaska

    Alaska Builders Right To Repair Current Law Summary:

    Current Law Summary: HB151 limits the damages that can be awarded in a construction defect lawsuit to the actual cost of fixing the defect and other closely related costs such as reasonable temporary housing expenses during the repair of the defect, any reduction in market value cause by the defect, and reasonable and necessary attorney fees.

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    Commercial and Residential Contractors License Required

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    Interior Alaska Builders Association
    Local # 0235
    938 Aspen Street
    Fairbanks, AK 99709

    Grayling Alaska Building Expert 10/ 10

    Mat-Su Home Builders Association
    Local # 0230
    Wasilla, AK 99654

    Grayling Alaska Building Expert 10/ 10

    Home Builders Association of Alaska
    Local # 0200
    8301 Schoon St Ste 200
    Anchorage, AK 99518

    Grayling Alaska Building Expert 10/ 10

    Home Builders Association of Anchorage
    Local # 0215
    8301 Schoon St Ste 200
    Anchorage, AK 99518

    Grayling Alaska Building Expert 10/ 10

    Kenai Peninsula Builders Association
    Local # 0233
    PO Box 1753
    Kenai, AK 99611

    Grayling Alaska Building Expert 10/ 10

    Northern Southeast Alaska Building Industry Association
    Local # 0225
    9085 Glacier Highway Ste 202
    Juneau, AK 99801

    Grayling Alaska Building Expert 10/ 10

    Southern Southeast Alaska Building Industry Association
    Local # 0240
    PO Box 6291
    Ketchikan, AK 99901

    Grayling Alaska Building Expert 10/ 10

    Building Expert News and Information
    For Grayling Alaska

    Calling the Shots

    Excess Must Defend After Primary Improperly Refuses to Do So

    Colorado Court of Appeals Enforces Limitations of Liability In Pre-Homeowner Protection Act Contracts

    Contractor Prevails on Summary Judgment To Establish Coverage under Subcontractor's Policy

    New Washington Law Nixes Unfair Indemnification in Construction Contracts

    Quick Note: Be Careful with Pay if Paid Clauses (Both Subcontractors and General Contractors)

    President Trump’s “Buy American, Hire American” Executive Order and the Construction Industry

    Margins May Shrink for Home Builders

    Reminder: In Court (as in life) the Worst Thing You Can Do Is Not Show Up

    Insurer Has Duty to Defend Despite Construction Defects

    DC Metro Extension’s Precast Supplier Banned from Federal Contracts

    Alaska Supreme Court Dismisses Claims of Uncooperative Pro Se Litigant in Defect Case

    Designers “Airpocalyspe” Creations

    The Secret to an OSHA Inspection

    Court of Appeals Affirms Dismissal of Owner’s Claims Based on Contractual One-Year Claims Limitations Period

    Proposed Changes to Federal Lease Accounting Standards

    Suffolk Stands Down After Consecutive Serious Boston Site Injuries

    When Construction Defects Appear, Don’t Choose Between Rebuilding and Building Your Case

    Replacement of Defective Gym Construction Exceeds Original Cost

    Traub Lieberman Attorneys Recognized in the 2022 Edition of The Best Lawyers in America®

    You're Doing Construction in Russia, Now What?

    Hawaii Court of Appeals Affirms Broker's Liability for Failure to Renew Coverage

    The Connecticut Appellate Court Decides That Construction Contractor Was Not Obligated To Continue Accelerated Schedule to Mitigate Its Damages Following Late Delivery of Materials by Supplier

    Court of Appeal Confirms Privette Doctrine as Applied to Passive Conduct of Property Owner

    Oregon Codifies Tall Wood Buildings

    A Glimpse Into Post-Judgment Collections and Perhaps the Near Future?

    Insurer Defends Denial in Property Coverage Dispute Involving Marijuana Growing Operations

    Billionaire Row Condo Board Sues Developers Over 1,500 Building Defects

    NYC Building Explosion Kills Two After Neighbor Reports Gas Leak

    Lockton Expands Construction and Design Team

    OSHA Again Pushes Back Record-Keeping Rule Deadline

    Construction Defect Risks Shifted to Insurers in 2013

    Boston Water Main Break Floods Trench and Kills Two Workers

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

    AEM Pursuing ISO Standard for Earthmoving Grade-Control Data

    Lease-Leaseback Fight Continues

    Housing Starts in U.S. Climb to an Almost Eight-Year High

    Georgia Court of Appeals Upholds Denial of Coverage Because Insurance Broker Lacked Agency to Accept Premium Payment

    Indiana Court of Appeals Rules Against Contractor and Performance Bond Surety on Contractor's Differing Site Conditions Claim

    Some Construction Contract Basics- Necessities and Pitfalls

    Kushners Abandon Property Bid as Pressures Mount Over Conflicts

    Axa Buys London Pinnacle Site for Redesigned Skyscraper

    Peru’s Former President and His Wife to Stay in Jail After Losing Appeal

    NIBS Consultative Council Issues Moving Forward Report on Healthy Buildings

    Bought a New Vacation Home? I’m So Sorry

    2017 California Construction Law Update

    Here's How Much You Can Make by Renting Out Your Home

    Finding Highway Compromise ‘Tough,’ DOT Secretary Says

    New York Appellate Court Applies Broad Duty to Defend to Property Damage Case

    Lakewood Introduced City Ordinance to Battle Colorado’s CD Law
    Corporate Profile


    The Grayling, Alaska Building Expert Group at BHA, leverages from the experience gained through more than 7,000 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 Grayling'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
    Grayling, Alaska

    New Jersey Federal Court Examines And Applies The “j.(5)” Ongoing Operations Exclusion

    October 07, 2019 —
    In PJR Construction of N.J. v. Valley Forge Insurance Company, 2019 U.S. Dist. LEXIS 127973 (D.N.J. July 31, 2019) (PJR Construction), a New Jersey federal court held that the “j.(5)” “Ongoing Operations Exclusion” applied to bar coverage for property damage to property on which a construction company allegedly performed faulty work. The court’s opinion follows prior New Jersey state court precedent, including Ohio Casualty Insurance Company v. Island Pool & Spa, Inc., 12 A.3d 719 (N.J. Super. Ct. App. Div. 2011) (Island Pool), but also provides additional guidance on the elements which can make the Ongoing Operations Exclusion applicable to exclude coverage. In PJR Construction, a commercial property owner engaged a construction company to build a 26,000 square foot swim club and related 3,000 square foot pavilion building in New Jersey. After about 75% of the work was completed, the property owner fired the construction company and denied it access to the property. The owner later sued the construction company in New Jersey state court alleging “shoddy workmanship” in, among other things, sealants, flashing, water resistant barriers, masonry and the handicap ramps. The construction company sought coverage from its CGL insurer, which denied coverage based on, among other things, the j.(5) Ongoing Operations Exclusion. After the denial of coverage, the company sued the insurer in New Jersey federal court seeking a declaration of coverage. Reprinted courtesy of Anthony L. Miscioscia, White and Williams LLP and Timothy A. Carroll, White and Williams LLP Mr. Miscioscia may be contacted at Mr. Carroll may be contacted at Read the court decision
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    2017 California Construction Law Update

    December 15, 2016 —
    To say it’s been an exciting year in politics would be an understatement. While most of the nation’s attention was focused on the presidential election, state legislatures, including California’s, were busy at work. The California State Legislature introduced 3099 bills during the second session of the 2015-2016 session of which 808 bills were signed into law. 2016 saw the enactment of several bills of interest to the construction industry including bills related to alternative project delivery methods, prevailing wages, and licensing. Each of the bills discussed below takes effect on January 1, 2017. Project Delivery AB 2126 – Amends Public Contract Code section 6701 to increase the number of projects the Department of Transportation may use the construction manager/general contractor method of project delivery from no more than 6 projects, to 12 projects, of which 8 of the 12 projects would be required to use Department employees or consultants under contract with the Department to perform all project design and engineering services. Read the court decision
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    Reprinted courtesy of Garret Murai, Wendel Rosen Black & Dean LLP
    Mr. Murai may be contacted at

    America’s Infrastructure Gets a C-. It’s an Improvement Though

    April 05, 2021 —
    Every four years the American Society of Civil Engineers (ASCE) issues a report card assigning a letter grade to the nation’s infrastructure. ASCE issued their 2021 Infrastructure Report Card earlier this month. Our country’s grade in 2021? A disappointing C-. It’s an improvement though. When ASCE issued their 2017 Infrastructure Report Card we didn’t even pass the class with a grade of D+. In short, there’s room for improvement. A lot of room for improvement. C- is just the cumulative grade however. ASCE’s Report Card is divided into industry segments with grades assigned to each segment. Individual grades for some, but not all, of the segments include the following:
    • Aviation: The nation’s airports received a grade of D+. According to the Report Card, terminal, gate and ramp availability are not meeting the needs of a growing passenger base which has increased from 964.7 million to 1.2 billion per year and a has a 10-year shortfall of $111 billion.
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    Reprinted courtesy of Garret Murai, Nomos LLP
    Mr. Murai may be contacted at

    Four Common Construction Contracts

    August 26, 2015 —
    Like Baskin Robins, construction contracts come in a variety of different flavors although, thankfully, significantly fewer than 31. Here are four of the more common types of construction contracts between project owners and contractors: Fixed Price Fixed price construction contracts, also commonly referred to as “lump sum” or “stipulated sum” contracts, are the most common types of construction contracts. As its name suggests, under a fixed price contract a contractor agrees to construct a project for a “fixed” or agreed upon price. 1. Benefits: Fixed price construction contracts provide price predictability for project owners because absent changes in the scope of work, unforeseen conditions, or other circumstances which might cause the “fixed” price of the contract to go up or down, the contractor is required to complete the work for the agreed upon price. Read the court decision
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    Reprinted courtesy of Garret Murai, Wendel Rosen Black & Dean LLP
    Mr. Murai may be contacted at

    Newmeyer & Dillion Named as One of the 2018 Best Places to Work in Orange County for Seventh Consecutive Year

    August 15, 2018 —
    NEWPORT BEACH, Calif. – JULY 23, 2018 – Prominent business and real estate law firm Newmeyer & Dillion LLP is proud to be selected as one of the 2018 Best Places to Work in Orange County in the category of medium sized companies. This marks the seventh consecutive year Newmeyer & Dillion LLP has made the list, affirming that its profound commitment to professionalism and client service is shared among its workforce. The ranking was released in a special section of the Orange County Business Journal's July 23 issue. Jeff Dennis, Newmeyer & Dillion's Managing Partner, commends the effort of each employee in achieving this result. "Together, we strive to maintain an innovative, collaborative and creative culture that cannot be matched anywhere else, and we are sincerely grateful for each of our employees' ongoing commitment to the firm's values." The awards program was created in 2009 and is a project of the Orange County Business Journal and Best Companies Group. This county-wide survey and awards program was designed to identify, recognize and honor the best places of employment in Orange County, California, benefiting the county's economy, its workforce and businesses. For more information on the survey process for the Best Places to Work in Orange County program, visit or contact Jackie Miller at 877-455-2159. About Newmeyer & Dillion For more than 30 years, Newmeyer & Dillion has delivered creative and outstanding legal solutions and trial results for a wide array of clients. With over 70 attorneys practicing in all aspects of business, employment, real estate, construction and insurance law, Newmeyer & Dillion delivers legal services tailored to meet each client's needs. Headquartered in Newport Beach, California, with offices in Walnut Creek, California and Las Vegas, Nevada, Newmeyer & Dillion attorneys are recognized by The Best Lawyers in America©, and Super Lawyers as top tier and some of the best lawyers in California, and have been given Martindale-Hubbell Peer Review's AV Preeminent® highest rating. For additional information, call 949.854.7000 or visit Read the court decision
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    A Court-Side Seat: Permit Shields, Hurricane Harvey and the Decriminalization of “Incidental Taking”

    May 31, 2021 —
    This is a brief review of some of the significant environmental (and administrative law decisions) released the past few weeks. THE U.S. SUPREME COURT On April 22, 2021, the Court decided two important administrative law cases: Carr, et al. v. Saul and AMG Capital Management v. Federal Trade Commission. Carr, et al. v. Saul In this case, the constitutionality of Social Security Administrative Law Judges (ALJs) hearing disability claims disputes was at issue. More precisely, were these ALJs selected in conformance with the Appointments Clause of the Constitution? A similar issue was litigated in the case of Lucia v. Securities and Exchange Commission. There, the Court held that many of the agency’s ALJs were not selected in conformance with the Appointment’s Clause. Here, the Court held that this issue could be decided by the courts without compelling the litigants to first exhaust their administrative remedies. Thousands of ALJs are employed by the federal government, and it may take some time to resolve this question for every agency. AMG Capital Management v. Federal Trade Commission In this case, the court held, unanimously, that the Commission does not presently have the authority to employ such equitable remedies as restitution or disgorgement. Read the court decision
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    Reprinted courtesy of Anthony B. Cavender, Pillsbury
    Mr. Cavender may be contacted at

    Zillow Topping Realogy Shows Web Surge for Housing Market

    July 30, 2014 —
    Zillow Inc. (Z)’s purchase of Trulia Inc. makes the online company such a force in U.S. real estate that its market value now surpasses that of Realogy Corp., owner of renowned brokerage brands from Coldwell Banker to Century 21. Zillow, the biggest U.S. real estate website, has seen its market value jump to about $5.83 billion from $4.99 billion on July 23, the day before Bloomberg News reported the deal talks with rival Trulia. Realogy, the largest residential brokerage operator, has a market value of about $5.47 billion, compared with $5.67 billion last week, data compiled by Bloomberg show. The shift underscores the growing role of the Web in U.S. home sales as buyers start their hunt for homes and mortgages online and rely less on real estate agents, a migration that has taken longer than in industries such as music or travel. While Zillow is unlikely to compete directly with brokers, whose ad dollars are its top revenue source, buying Trulia (TRLA) gives it more command over marketing fees, sparking concerns among Realtors such as Stephen FitzMaurice that costs will rise. Mr. Gopal may be contacted at; Mr. Gittelsohn may be contacted at Read the court decision
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    Reprinted courtesy of Prashant Gopal and John Gittelsohn, Bloomberg

    New Addition To New Jersey Court Rules Impacts More Than Trial Practice

    November 16, 2020 —
    On September 1, 2020, New Jersey adopted a brand-new rule of procedure, Rule 4:25-8, which properly defines motions in limine. On its face, the new rule prohibits, broadly, filing motions in limine that may have a dispositive effect on the case. Most notably, the rule expressly eliminates the ability to move, on motion in limine, to bar expert testimony in matters in which such experts are required to sustain a party’s burden of proof. This effectively makes the summary judgment phase of litigation the last chance to bar experts from a jury trial or take any other dispositive action The new rule comes at a time in which the evidentiary standard for experts is shifting in New Jersey. In October 2018, the New Jersey Supreme Court reconciled the framework for analyzing the reliability of expert testimony under N.J.R.E. 702 and 703 in In re: Accutane Litigation. Significantly, New Jersey, a traditional Frye jurisdiction, incorporated certain federal Daubert factors for expert “use by our courts” but, overall, fell short of adopting the Daubert standard as a whole. In applying the relevant Daubert factors, the trial court in Accutane held that the subject experts’ methodologies were unsound due to the failure to apply fundamentals of the scientific method of the medical-evidence hierarchy. The decision resulted in the dismissal of over 3,000 claims. Reprinted courtesy of Thomas Regan, Lewis Brisbois and Karley Kamaris, Lewis Brisbois Mr. Regan may be contacted at Ms. Kamaris may be contacted at Read the court decision
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