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

    Seldovia Alaska Building Expert 10/ 10

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

    Seldovia Alaska Building Expert 10/ 10

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

    Seldovia Alaska Building Expert 10/ 10

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

    Seldovia Alaska Building Expert 10/ 10

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

    Seldovia Alaska Building Expert 10/ 10

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

    Seldovia Alaska Building Expert 10/ 10

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

    Seldovia Alaska Building Expert 10/ 10

    Building Expert News and Information
    For Seldovia Alaska

    Construction Defect Journal Seeks Article Submissions Regarding SB800 and Other Builders Right to Repair Laws

    Speeding up Infrastructure Projects with the Cloud

    Montrose III: Vertical Exhaustion Applies in Upper Layers of Excess Coverage

    Chicago Makes First Major Update to City's Building Code in 70 Years

    Court Adopts Magistrate's Recommendation to Deny Insurer's Summary Judgment Motion in Collapse Case

    Home Prices Expected to Increase All Over the U.S.

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

    Duty to Defend Construction Defect Case Triggered by Complaint's Allegations

    Limited Number of Insurance-Related Bills Passed by 2014 Hawaii Legislature

    Property Owner’s Defense Goes Up in Smoke in Careless Smoking Case

    Florida Decides Against Adopting Daubert

    Mitsubishi Estate to Rebuild Apartments After Defects Found

    A Contractual Liability Exclusion Doesn't Preclude Insurer's Duty to Indemnify

    Do Engineers Owe a Duty to Third Parties?

    Faulty Workmanship Causing Damage to Other Property Covered as Construction Defect

    Aurora Joins other Colorado Cities by Adding a Construction Defect Ordinance

    Newmeyer Dillion Announces Partner John Van Vlear Named to Board Of Groundwater Resources Association Of California

    Condo Buyers Seek to Void Sale over Construction Defect Lawsuit

    Using Lien and Bond Claims to Secure Project Payments

    Rent Increases During the Coronavirus Emergency Part II: Avoiding Violations Under California’s Anti-Price Gouging Statute

    As Trump Visits Border, Texas Landowners Prepare to Fight the Wall

    Connecting IoT Data to BIM

    No Coverage For Wind And Flood Damage Suffered From Superstorm Sandy

    Design & Construction Case Expands Florida’s Slavin Doctrine

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

    Rise in Home Building Helps Other Job Sectors

    Construction Is Holding Back the Economy

    Nonparty Discovery in California Arbitration: How to Get What You Want

    Comply with your Insurance Policy's Conditions Precedent (Post-Loss Obligations)

    Tishman Construction Admits Cheating Trade Center Clients

    California Trial Court Clarifies Application of SB800 Roofing Standards and Expert’s Opinions

    Texas Law Bars Coverage under Homeowner’s Policy for Mold Damage

    Missouri Asbestos Litigation Reform: New Bill Seeks to Establish Robust Disclosure Obligations

    Be Careful with “Green” Construction

    Client Alert: Absence of a Court Reporter at a Civil Motion Hearing May Preclude Appellate Review

    Architect Blamed for Crumbling Public School Playground

    No Coverage for Property Damage That is Limited to Work Completed by Subcontractor

    Construction Defects Not Occurrences under Ohio Law

    Strategy for Enforcement of Dispute Resolution Rights

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

    Florida Appellate Court Holds Four-Year Statute of Limitations Applicable Irrespective of Contractor Licensure

    A New Perspective on Mapping Construction Sites with the Crane Camera System

    New Hampshire’s Statute of Repose for Improvements to Real Property Does Not Apply to Product Manufacturers

    Recent Environmental Cases: Something in the Water, in the Air and in the Woods

    OSHA Investigating Bridge Accident Resulting in Construction Worker Fatality

    Social Distancing and the Impact on Service of Process Amid the COVID-19 Pandemic

    New Jersey’s Independent Contractor Rule

    The Future of High-Rise is Localized and Responsive

    Home Construction Slows in Las Vegas

    California Builders’ Right To Repair Is Alive
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    The Seldovia, Alaska 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 Seldovia'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
    Seldovia, Alaska

    Texas Supreme Court Holds Anadarko’s $100M Deepwater Horizon Defense Costs Are Not Subject To Joint Venture Liability Limits

    February 27, 2019 —
    Reversing a Texas Court of Appeals decision that allowed Anadarko’s Lloyd’s of London excess insurers to escape coverage for more than $100 million in defense costs incurred in connection with claims from the Deepwater Horizon well blowout, the Supreme Court of Texas held that the insurers’ obligations to pay defense costs under an “energy package” liability policy are not capped by a joint venture coverage limit for “liability” insured. Anadarko Petroleum Corp. et al. v. Houston Casualty Co. et al., No. 16-1013 (Tex. Jan. 25, 2019). While the Lloyd’s of London insurers had agreed to pay Anadarko $37.5 million for damages, they declined to cover $100 million-plus in defense fees, arguing that both Anadarko’s liability and defense expenses are subject to the $37.5 million joint venture limit for “liability” insured. Anadarko asserted that only amounts paid as damages to third parties are subject to that limit. Defense costs, however, are not amounts paid as damages to a third party and, thus, are not a “liability.” Those amounts, therefore, are not subject to the joint venture limit and are instead subject to the policy’s $150 million coverage limit. Reprinted courtesy of Sergio F. Oehninger, Hunton Andrews Kurth and Michael S. Levine, Hunton Andrews Kurth Mr. Oehninger may be contacted at Mr. Levine may be contacted at Read the court decision
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    Reprinted courtesy of

    Homebuilders Leading U.S. Consumer Stocks: EcoPulse

    February 14, 2014 —
    Shares of U.S. homebuilders are leading consumer discretionary stocks as the new home market is poised to rebound faster than other cyclical purchases this year. The Standard & Poor’s Supercomposite Homebuilding Index -- made up of Toll Brothers Inc. (TOL), NVR Inc. and nine others -- has risen 20 percent since Nov. 11. The S&P 500 GICS Consumer Discretionary Sector Index -- which includes Lennar Corp. (LEN), PulteGroup Inc. (PHM), D.R. Horton Inc. and 81 other companies such as Home Depot Inc. and Lowe’s Cos. -- is up 1.9 percent during the same period. This follows about 10 months when homebuilders lagged behind by 45 percentage points. Shares of companies that construct new residences are a source of relative strength in what’s proven to be a “more difficult market” this year, as the S&P 500 slid almost 6 percent in less than three weeks, said Michael Shaoul, chairman and chief executive officer of Marketfield Asset Management LLC in New York, which has more than $20 billion in assets. The recent rally in homebuilders suggests “a very important transition of leadership within the consumer discretionary sector” is underway, benefiting this segment of the broader cyclical group, he said. Ms. Jackson may be contacted at; Mr. Feld may be contacted at Read the court decision
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    Reprinted courtesy of Anna-Louise Jackson and Anthony Feld, Bloomberg

    Sales of New U.S. Homes Rose More Than Forecast to End 2014

    January 28, 2015 —
    (Bloomberg) -- Purchases of new homes in the U.S. jumped in December to the highest level in more than six years, a sign the industry is poised to keep expanding in 2015. Sales increased 11.6 percent to a 481,000 annualized pace, exceeding all estimates in a Bloomberg survey of economists and the most since June 2008, figures from the Commerce Department showed Tuesday in Washington. Demand increased in three of four regions. Gains in employment, borrowing costs close to historically low levels and easing credit may prompt more prospective buyers to enter the housing market. The improving outlook is driving up confidence among builders, and companies such as D.R. Horton Inc. and Lennar Corp. project the recovery will be sustained. Read the court decision
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    Reprinted courtesy of Bloomberg News

    Worker’s Compensation Exclusivity Rule Gets “Trumped” by Indemnity Provision

    October 27, 2016 —
    Sorry, I couldn’t help myself with the title. The next case, Aluma Systems Concrete Construction of California v. Nibbi Bros., Inc., California Court of Appeals for the First District, Case No. A145734 (August 16, 2016), discusses the interplay between indemnity provisions and the worker’s compensation exclusivity rule. The worker’s compensation exclusivity rule generally provides that worker’s compensation insurance is the exclusive remedy of employees for injuries or death arising out of the course and scope of their employment. In the Aluma case, the California Court of Appeals, addressed what happens when a subcontractor’s employees are injured on a project, sue the general contractor, and the general contractor, pursuant to an indemnity provision in its subcontract, tenders the claim to the subcontractor whose worker’s compensation insurance has already paid the employees. Read the court decision
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    Reprinted courtesy of Garret Murai, Wendel Rosen Black & Dean LLP
    Mr. Murai may be contacted at

    Changes and Extra Work – Is There a Limit?

    October 09, 2018 —
    Design and construction changes can be a challenge for everyone involved in a construction project. Designers and contractors endeavor to deliver a project that meets the owner’s needs, budget, and aesthetic considerations. As a project comes to fruition, the project frequently changes, and the parties must address and resolve the financial considerations of those changes and implement the changes at the project level. Often times the most critical aspect of a contractor’s financial success or failure of a construction project is its ability to manage changes. Contractors are sometimes faced with changes that are beyond the reasonable expectation of the original undertaking and have significant planning, scheduling, and cost implications that may not be considered or addressed in the contract’s changes clause. Changes of this magnitude may be considered “cardinal changes” and provide the contractor with recourse beyond restrictions imposed by the contract’s changes clause. But cardinal change is a risky basis for a contractor to refuse to perform additional or changed work. Even major changes can probably be more safely handled within the terms of the contract’s changes clause. Read the court decision
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    Reprinted courtesy of Joseph R. Young, Smith Currie
    Mr. Young may be contacted at

    The Insurance Coverage Debate on Construction Defects Continues

    February 05, 2015 —
    New Hampshire is the first court of 2015 to weigh in on construction defect coverage issues. The case, Cogswell Farm Condominium Association v. Tower Group, involved a typical situation. Lemery Building Company was hired to build 24 residential condominium units. After construction, the condominium association sued the builder asserting that the weather barrier, including the water/ice shield, flashing, siding, and vapor barrier, was defectively constructed and resulted in damage to the units due to water leaks. The condominium association also sued Lemery’s insurer for a determination as to whether the builder’s Commercial General Liability (CGL) insurer had to provide coverage for the claim. The trial court ruled against the condominium association, finding that the “your work” exclusion applied. The exclusion in the builder’s CGL policy provided that there was no coverage for property damage to “[t]hat particular part of any property that must be restored, repaired or replaced because ‘your work’ was incorrectly performed on it.” Read the court decision
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    Reprinted courtesy of Craig Martin, Lamson, Dugan and Murray, LLP
    Mr. Martin may be contacted at

    Leaky Wells Spur Call for Stricter Rules on Gas Drilling

    September 17, 2014 —
    A study that found natural gas drilling polluted drinking water is fueling calls for stricter standards for well construction that could increase costs for energy companies. The analysis by academic researchers backed the oil and gas industry in one respect: the authors said “fracking” wasn’t to blame for harmful methane seeping into groundwater studied in Texas and Pennsylvania. Some environmentalists contend that by blasting underground rock with a mix of water, chemicals and sand, producers can force the gas into drinking water near the surface. The bigger concern, according to the analysis published yesterday by the peer-reviewed Proceedings of the National Academy of Sciences, are leaks in the steel-and-cement casings surrounding the well bore. They let gas escape before it gets to the surface, making water undrinkable and in some cases explosive. Reprinted courtesy of Bloomberg journalists Jim Snyder, Jim Polson and Bradley Olson Mr. Snyder may be contacted at; Mr. Polson may be contacted at; Mr. Olson may be contacted at Read the court decision
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    Reprinted courtesy of

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

    June 17, 2015 —
    Aside from waiver of lien rights (something that will be illegal in Virginia after July 1, 2015), the most troublesome contractual impediment to payment for a subcontractor or supplier on a project often is the “pay if paid” clause. As a general rule, in Virginia, these clauses where drafted in the proper fashion, are enforceable. As I have said many times, in Virginia freedom of contract almost always wins out. While this is the case, I emphasize that such clauses must be very explicit and specific. Furthermore, and in something that should be obvious, these clauses are generally limited by the Courts of Virginia to only be enforceable and to only forgive the need for payment if the upstream contractor on the construction job has not been paid for the work that the sub claiming non payment has done. Read the court decision
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    Reprinted courtesy of Christopher G. Hill, Law Office of Christopher G. Hill, PC
    Mr. Hill may be contacted at