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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".

    Building Consultant Contractors Licensing
    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 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

    Ashburn Virginia Building Consultant 10/ 10

    Building Consultant News and Information
    For Ashburn Virginia

    Janus v. AFSCME

    Citigroup Reaches $1.13 Billion Pact Over Mortgage Bonds

    The Road to Hell is Paved with Good Intentions: A.B. 1701’s Requirement that General Contractors Pay Subcontractor Employee Wages Will Do More Harm Than Good

    Cyber Security Insurance and Design Professionals

    Poor Pleading Leads to Loss of Claim for Trespass Due to Relation-Back Doctrine, Statute of Limitations

    In Colorado, Repair Vendors Can Bring First-Party Bad Faith Actions For Amounts Owed From an Insurer

    Fire Tests Inspire More Robust Timber Product Standard

    Construction Slow to Begin in Superstorm Sandy Cases

    Contractor Convicted of Additional Fraud

    Insurance Measures Passed by 2015 Hawaii Legislature

    No One to Go After for Construction Defects at Animal Shelter

    Florida Condos Bet on Americans Making 50% Down Payments

    Apartments pushed up US homebuilding in September

    Largest Per Unit Settlement Ever in California Construction Defect Case?

    NY Attorney General to Propose Bill Requiring Climate Adaptation for Utilities

    Maintenance Issues Ignite Arguments at Indiana School

    Washington Supreme Court Sides with Lien Claimants in Williams v. Athletic Field

    Houses Can Still Make Cents: Illinois’ Implied Warranty of Habitability

    Bill to Include Coverage for Faulty Workmanship Introduced in New Jersey

    5 Ways Equipment Financing is Empowering Small Construction Businesses

    One Colorado Court Allows Negligence Claim by General Contractor Against Subcontractor

    Wendel Rosen’s Construction Practice Group Receives First Tier Ranking

    Connecticut Supreme Court Finds Faulty Work By Subcontractor Constitutes "Occurrence"

    Red Wings Owner, Needing Hockey-Arena Neighborhood, Builds One

    Construction Insurance Costs for New York Schools is Going Up

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

    Inspectors Hurry to Make Sure Welds Are Right before Bay Bridge Opening

    Hawaii Court of Appeals Remands Bad Faith Claim Against Title Insurer

    Are Construction Defect Laws Inhibiting the Development of Attached Ownership Housing in Colorado?

    Angelo Mozilo Speaks: No Regrets at Countrywide

    Home Buyer May Be Third Party Beneficiary of Property Policy

    Texas res judicata and co-insurer defense costs contribution

    Brazil Builder Bondholders Burned by Bribery Allegations

    Home Prices Rose in Fewer U.S. Markets in Fourth Quarter

    Modernist Houses Galore! [visual candy for architects]

    Home Sales Topping $100 Million Smash U.S. Price Records

    Rio de Janeiro's Bursting Real-Estate Bubble

    Insurance Policy’s “No Voluntary Payment” Clauses Lose Some Bite in Colorado

    RDU Terminal 1: Going Green

    Turmoil Slows Rebuilding of Puerto Rico's Power Grid

    U.S. Architecture Firms’ Billing Index Faster in Dec.

    PA Supreme Court to Rule on Scope of Judges' Credibility Determinations

    Negligent Misrepresentation in Sale of Building Altered without Permits

    Nebraska’s Prompt Pay Act for 2015

    Construction Is Holding Back the Economy

    Engineers Propose 'River' Alternative to Border Wall

    Coverage Denied for Faulty Blasting and Improper Fill

    BHA Attending the Construction Law Conference in San Antonio, TX

    On Rehearing, Fifth Circuit Finds Contractual-Liability Exclusion Does Not Apply

    Doctrine of Avoidable Consequences as Affirmative Defense
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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

    Pre-Suit Settlement Offers and Construction Lien Actions

    July 21, 2018 —
    It is unfortunate, but in certain matters, a construction lien foreclosure action is not actually driven by the principal amount in dispute. Oh no. Rather, it is driven by attorney’s fees. That’s right. Attorney’s fees. This is true even though Florida applies the significant issues test to determine the prevailing party for purposes of attorney’s fees. However, oftentimes the prospect of attorney’s fees is enough for parties to fear that exposure. There is a 1985 Florida Supreme Court case that I like to cite if applicable, C.U. Associates, Inc. v. R.B. Grove, Inc., 472 So.2d 1177, 1179 (Fla. 1985), that finds, “in order to be a prevailing party entitled to the award of attorney’s fees pursuant to section 713.29 [a construction lien claim], a litigant must have recovered an amount exceeding that which was earlier offered in settlement of the claim.” Accord Sullivan v. Galske, 917 So.2d 412 (Fla. 2d DCA 2006) (explaining that although contractor is receiving a judgment in his favor, he may not be the prevailing party if the homeowner offered to settle prior to the lawsuit for an amount equal to or greater than the award in the judgment). Read the court decision
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    Reprinted courtesy of David Adelstein, Kirwin Norris
    Mr. Adelstein may be contacted at

    Legislation Update: S-865 Public-Private Partnerships in New Jersey Passed by Both Houses-Awaiting Governor’s Signature

    July 02, 2018 —
    New Jersey is finally close to being among the many states with broad authority to develop or improve public projects through a Public-Private Partnership (P3) delivery method. This contracting model has stimulated growth and improvements in other States and led to the delivery of projects that may not otherwise have happened. Senate Bill 865 (“S-865”), after undergoing some last-minute amendments in a frenzied legislature dealing with budget and other critical issues, has passed in both houses of the Legislature and is waiting for Governor Murphy’s signature, which is expected shortly. The law will be effective 180 days from formal enactment. The administrative framework is now in place to make Public-Private Partnerships a reality in New Jersey. Reprinted courtesy of Steven M. Charney, Peckar & Abramson, P.C. and Charles F. Kenny, Peckar & Abramson, P.C. Mr. Charney may be contacted at Mr. Kenny may be contacted at Read the court decision
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    Reprinted courtesy of

    Tennessee Court of Appeals Holds Defendant Has the Burden of Offering Alternative Measure of Damages to Prove that Plaintiff’s Measure of Damages is Unreasonable

    July 18, 2018 —
    In Durkin v. MTown Construction, LLC, 2018 Tenn. App. LEXIS 128, the Court of Appeals of Tennessee considered whether the lower court properly took judicial notice of an alternative measure of damages to the measure of damages advanced by the plaintiff. The Court of Appeals held that the defendant has the burden of offering evidence of alternative measures of damages if it seeks to argue that the plaintiff’s measure of the damages is unreasonable. The Court of Appeals found that the lower court erred in taking judicial notice of alternative measures of damage when the defendant failed to meet its burden of proof. The court’s holding establishes that, if the defendant does not offer evidence of alternative measures of damage, then the measure of damages introduced by the plaintiff will apply. Read the court decision
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    Reprinted courtesy of Gus Sara, White and Williams LLP
    Mr. Sara may be contacted at

    South Carolina Supreme Court Asked Whether Attorney-Client Privilege Waived When Insurer Denies Bad Faith

    September 18, 2018 —
    The Fourth Circuit certified the following question to the South Carolina Supreme Court: Does South Carolina law support application of the "at issue" exception to the attorney-client privilege such that a party may waive the privilege by denying liability in its answer? In Re: Mt. Hawley Ins. Co., 2018 U.S. App. LEXIS 17910 (4th Cir. June 28, 2018). Mt. Hawley insured Contravest Construction Company under an excess commercial liability policy from July 21, 2003 to July 21, 2007. During this period, Contravest constructed a development in South Carolina. In 2011, the Owners Association sued Contravest for alleged defective construction. Mt. Hawley denied tenders to defend or indemnify. Contravest ultimately settled the case. Read the court decision
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    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at

    Rights Afforded to Employees and Employers During Strikes

    October 16, 2018 —
    One of the most powerful weapons in labor’s arsenal is a strike. Like most powerful weapons there is a dichotomy in a strike. On one hand, it can bring about concessions from management that labor seeks. On the other hand, it can permanently change the relationship between management and labor. However, one thing is certain, strike are – to put it mildly – chaotic. During this chaotic period, employees and employers may wonder what rights they have during union-initiated strikes. We provide some brief explanations below, along with how union litigation can help enforce your rights. Read the court decision
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    Reprinted courtesy of Wally Zimolong, Zimolong LLC
    Mr. Zimolong may be contacted at

    Economic Damages Cannot be Based On Speculation

    October 16, 2018 —
    Economic damages, unlike non-economic damages (such as those in personal injury disputes), need to rest on a reasonable basis. Economic damages are those routinely seen in a construction dispute. These damages cannot be based on conjecture or guesswork and need to be supported by competent substantial evidence. Otherwise, the economic damages will be deemed too speculative because they are not reasonably quantifiable. I recently discussed a case involving the professional boxer Canelo Alvarez that was sued by a former promoter for unjust enrichment. Although the promoter recovered a jury verdict for unjust enrichment damages against Canelo Alvarez, the verdict was reversed because the methodology utilized by the promoter to demonstrate damages was speculative. This is definitely not what a plaintiff wants to happen after prevailing at the trial level! Read the court decision
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    Reprinted courtesy of David Adelstein, Kirwin Norris
    Mr. Adelstein may be contacted at

    2018 Legislative Changes Affecting the Construction Industry

    June 06, 2018 —
    The 2018 Florida Legislative Session recently concluded and a number of important construction-related House Bills (HB) and Senate Bills (SB) were presented during the Session. Florida Governor Rick Scott has 15 days to act on the legislation once each Bill has passed the House and Senate. Bills signed by the Governor go into effect on July 1, 2018, unless indicated otherwise. These Bills may impact General Contractors and Construction Managers in a number of ways, not the least of which is the period of time that a cause of action may be initiated for the design, planning or construction of an improvement. Read the court decision
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    Reprinted courtesy of Melinda Gentile, Peckar & Abramson
    Ms. Gentile may be contacted at

    How BIM Can Serve Building Owners

    September 17, 2018 —
    Building Information Models typically end their active life after the construction phase. An experimental project was initiated to find out whether and how they can serve owners throughout the life cycle of a building. Gradia, the Jyväskylä Educational Consortium, provides education to students of all ages in central Finland. It has around 25,000 students, a staff of 1,100, and buildings with a total floor area of 150,000 square meters. Gradia and a team from Gravicon and XRM Finland carried out a government-supported KIRA-digi experimentation project in 2017 on the use of BIMs for building maintenance and repairs. Read the court decision
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    Reprinted courtesy of Aarni Heiskanen, AEC Business
    Mr. Heiskanen may be contacted at