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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 Consultant 10/ 10

    The Top of Virginia Builders Association
    Local # 4883
    1182 Martinsburg Pike
    Winchester, VA 22603

    Ashburn Virginia Building Consultant 10/ 10

    Shenandoah Valley Builders Association
    Local # 4848
    PO Box 1286
    Harrisonburg, VA 22803

    Ashburn Virginia Building Consultant 10/ 10

    Piedmont Virginia Building Industry Association
    Local # 4890
    PO Box 897
    Culpeper, VA 22701

    Ashburn Virginia Building Consultant 10/ 10

    Fredericksburg Area Builders Association
    Local # 4830
    3006 Lafayette Blvd
    Fredericksburg, VA 22408

    Ashburn Virginia Building Consultant 10/ 10

    Augusta Home Builders Association Inc
    Local # 4804
    PO Box 36
    Waynesboro, VA 22980

    Ashburn Virginia Building Consultant 10/ 10

    Blue Ridge Home Builders Association
    Local # 4809
    PO Box 7743
    Charlottesville, VA 22906

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    Building Consultant News and Information
    For Ashburn Virginia

    Toll Brothers Faces Construction Defect Lawsuit in New Jersey

    #5 CDJ Topic: David Belasco v. Gary Loren Wells et al. (2015) B254525

    CLB Recommends Extensive Hawaii Contractor License Changes

    Measure of Damages in Negligent Procurement of Surety Bonds / Insurance

    Town Concerned Over Sinkhole at Condo Complex

    New Member Added to Seattle Law Firm Williams Kastner

    Housing-Related Spending Made Up Significant Portion of GDP in Fourth Quarter 2013

    Court Upholds Plan to Eliminate Vehicles from Balboa Park Complex

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    Brooklyn’s Hipster Economy Challenges Manhattan Supremacy

    "Is the Defective Work Covered by Insurance?"

    Wildfire Is Efficient Proximate Cause of Moisture Reaching Expansive Soils Under Residence

    California Supreme Court Raises the Bar on Dangerous Conditions on Public Property Claims

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    Just a House That Uses 90 Percent Less Energy Than Yours, That's All

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    Excess Policy Triggered Once Retention Paid, Even if Loss Not Covered By Excess

    Allegations Confirm Duty to Defend Construction Defect Claims

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    Contractors Should Be Optimistic that the Best Value Tradeoff Process Will Be Employed by Civilian Agencies

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    The Great Fallacy: If Builders Would Just Build It Right There Would Be No Construction Defect Litigation

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    Quick Note: Aim to Avoid a Stay to your Miller Act Payment Bond Claim

    Overruling Henkel, California Supreme Court Validates Assignment of Policies

    Mediation v. Arbitration, Both Private Dispute Resolution but Very Different Sorts

    Last Call: Tokyo Iconic Okura Hotel Meets the Wrecking Ball

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    The Contributors to This Blog Are Pleased to Announce That….

    Delay In Noticing Insurer of Loss is Not Prejudicial

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    David M. McLain named Law Week Colorado’s 2015 Barrister’s Best Construction Defects Lawyer for Defendants

    General Contractor’s Excess Insurer Denied Equitable Contribution From Subcontractor’s Excess Insurer

    Builder and County Tussle over Unfinished Homes

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    Harsh New Time Limits on Construction Defect Claims
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    Leveraging from more than 5500 construction defect and claims related expert witness designations, the Ashburn, Virginia Building Consultant 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 Consultant News & Info
    Ashburn, Virginia

    Coverage Denied for Condominium Managing Agent

    May 24, 2018 —
    Determining there were no allegations of bodily injury or property damage in the underlying lawsuit, the court found there was no duty to defend or indemnify the condominium's managing agent. State Farm Fire & Cas. Co. v. Certified Mgmt., 2018 U.S.Dist. LEXIS 71124 (D. Haw. April 27, 2018). Frederick Caven sued Certified Management, dba Associa Hawaii ("Associa") on behalf of himself and a class. Caven alleged that he owned a condominium and was a member of the Regency homeowners' association. The suit alleged that Associa was the managing agent for the association. Caven sold his unit in April 2016. Caven asked Associa for condominium documents to provide to the purchaser. Associa charged Caven $182.29 to download 197 pages of condominium documents for Regency. Associa also charged Caven $286.46 for a one-page "fee status confirmation," a document prepared by Associa which contained financial and other information needed to complete the sale. Caven alleged that the fees charged by Associa and other unit owners were excessive and in violation of Hawaii law. Read the court decision
    Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii
    Mr. Eyerly may be contacted at

    New Jersey’s Governor Puts Construction Firms on Formal Notice of His Focus on Misclassification of Workers as Independent Contractors

    May 24, 2018 —
    We have written quite a bit about the mounting threat to employers, both nationally and locally, of claims of misclassification of workers as independent contractors rather than employees. New Jersey’s new Gov. Phil Murphy signed an executive order last week that establishes a task force on employee misclassification to punish contractors who commit fraud by classifying their employees as independent contractors. In the words of Governor Murphy: “I am signing this order to crack down on unscrupulous contractors who commit 1099 fraud to exploit workers and rob them of family and medical leave and safe workplace protections that the law provides,” Murphy said. “The employer gives themselves an unfair business advantage and this practice is illegal. This is a question of enforcing what is already on the books.” He has vowed that any employer caught misclassifying workers will either be brought into compliance or put out of business. The task force will foster compliance with the law and conduct a comprehensive review of existing practices. Reprinted courtesy of Kevin J. O'Connor, Peckar & Abramson, P.C. and Joseph M. Vento, Peckar & Abramson, P.C. Mr. O'Connor may be contacted at Mr. Vento may be contacted at Read the court decision
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    Reprinted courtesy of

    Framework, Tallest Mass Timber Project in the U.S., Is On Hold

    August 07, 2018 —
    The tallest mass-timber building development in the U.S. is "on hold for the foreseeable future," according to the developer, named project^. The 12-story mixed-use building, known as Framework, has been under development in Portland, Ore., since 2014. Construction was first delayed a year ago and currently is postponed because of changing market conditions, which have had a negative impact on the development's bottom line. These include inflation, escalating construction costs and fluctuations in the tax credit market, says the developer. Read the court decision
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    Reprinted courtesy of Nadine M. Post, ENR
    Ms. Post may be contacted at

    Second Circuit Denies Petitions for Review of EPA’s Final Regulations to Establish Requirements for Cooling Water Intake Structures

    August 20, 2018 —
    On July 23, 2018, the U.S. Court of Appeals for the Second Circuit decided the case of Cooling Water Intake Structure Coalition v. EPA. Environmental conservation groups and industry associations petitioned for review of a final rule promulgated by the U.S. Environmental Protection Agency (EPA) pursuant to section 316(b) of the Clean Water Act (CWA), establishing requirements for cooling water intake structures at existing facilities. Denying the petitions for review, the Court of Appeals summarized:
    “Because we conclude, among other things, that both the Rule and the biological opinion are based on reasonable interpretations of the applicable statutes and sufficiently supported by the factual record, and because the EPA 3 gave adequate notice of its rulemaking, we DENY the petitions for review.”
    This is a significant CWA and Endangered Species Act (ESA) decision involving the operation of major industrial facilities requiring the daily use of large amounts of water taken from adjacent bodies of water. Read the court decision
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    Reprinted courtesy of Anthony B. Cavender, Pillsbury
    Mr. Cavender may be contacted at

    In Contracts, One Word Makes All the Difference

    July 21, 2018 —
    Here at Musings, I sometimes feel as if I am beating the “contract is king” drum to death. However, each time I start to get this feeling, a new case out of either the Virginia state courts or the Fourth Circuit Court of Appeals here in Richmond reminds me that we all, lawyers and contractors alike, need to be reminded of this fact on a regular basis. The terms written into a construction contract (or any other contract for that matter) will control the outcome of any dispute in just about every case. A recent 4th Circuit case takes this to the extreme in pointing out the the choice which of two tiny words can change the entire set of procedural rules and even the courthouse in which your dispute will be decided. In FindWhere Holdings Inc. v. Systems Env. Optimization LLC, the Fourth Circuit looked at a forum selection clause found in a contract between the parties. In this case, the clause stated that any dispute would be litigated in the courts “of the State of Virginia.” When the defendants tried to remove the case from Virginia state court to the Eastern District of Virginia federal courts, the federal court remanded the case, sending it back to the Circuit Court of Loudoun County, Virginia. Read the court decision
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    Reprinted courtesy of Christopher G. Hill, The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at

    The Four Forces That Will Take on Concrete and Make Construction Smart

    September 17, 2018 —
    When it comes to building a bridge, what prevents it from having the most enduring and sustainable life span? What is its worst enemy? The answer is, simply, the bridge itself—its own weight. Built with today’s construction processes, bridges and buildings are so overly massed with energy and material that they’re inherently unsustainable. While concrete is quite literally one of the foundations of modern construction, it’s not the best building material. It’s sensitive to pollution. It cracks, stainsand collapses in reaction to rain and carbon dioxide. It’s a dead weight: Take San Francisco’s sinking, leaning Millennium Tower as an example. Reprinted courtesy of Massimiliano Moruzzi, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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    Reprinted courtesy of

    California Court Holds No Coverage Under Pollution Policy for Structural Improvements

    October 02, 2018 —
    In its recent decision in Essex Walnut Owner L.P. v. Aspen Specialty Ins. Co., 2018 U.S. Dist. LEXIS 138276 (N.D. Cal. Aug. 15, 2018), the United States District Court for the Northern District of California had occasion to consider the issue of a pollution liability insurer’s obligation to pay for the redesign of a structural support system necessitated by the alleged presence of soil contamination. Aspen’s insured, Essex, owned a parcel of property it was in the process of redeveloping for commercial and residential purposes. The project required excavation activities in order to construct an underground parking lot, and as part of this process, Essex designed a temporary shoring system comprising tied-in retaining walls in order to stabilize the area outside of the excavation. During the excavation work, construction debris was encountered requiring removal. Aspen agreed to pay for a portion of the costs to remove and dispose the debris under the pollution liability policy it issued to Essex. Read the court decision
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    Reprinted courtesy of Brian Margolies, Traub Lieberman Straus & Shrewsberry LLP
    Mr. Margolies may be contacted at

    A Word to the Wise: The AIA Revised Contract Documents Could Lead to New and Unanticipated Risks - Part II

    October 16, 2018 —
    Part I addressed general conditions, revised insurance terms, revisions that affect owner’s required insurance and revisions that affect contractor’s required insurance. REVISIONS THAT AFFECT DISPUTE RESOLUTION A seemingly minor but noteworthy change is to the definition of “Claim.” Under Section 15.1 a “Claim” is defined to:
    • include a request for a modification of contract time; and
    • exclude any requirement that an owner must file a claim to impose liquidated damages.
    Notably, any request relating to contract time must be brought within the specified time period for Notice of Claim and in the prescribed manner. There are at least two traps for the unwary. First, even though email is regularly used for communications among the parties, the revised contract documents do not recognize email as an acceptable form of delivery of a Notice of Claim. Second, an unwary contractor may wrongly assume that an owner’s failure to assert a claim for LDs means that LDs will not be imposed. This may lull the contractor into failing to timely assert its own claim for a time extension and thereby waiving its ability to do so. Reprinted courtesy of George Talarico, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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    Reprinted courtesy of
    Mr. Talarico may be contacted at