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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".

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    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

    Triable Issue of Fact Exists as to Insurer’s Obligation to Provide Coverage Under Occurrence Policy

    Renters ‘Sold Out’ by NYC Pensions Press Mayor on Housing

    Preliminary Notice Is More Important Than Ever During COVID-19

    New Proposed Regulations Expand CFIUS Jurisdiction Regarding Real Estate

    Idaho District Court Affirms Its Role as the Gatekeeper of Expert Testimony

    Insurance Company’s Reservation of Rights Letter Negates its Interest in the Litigation

    Alexis Crump Receives 2020 Lawyer Monthly Women in Law Award

    Expert Medical Science Causation Testimony Improperly Excluded under Daubert; ID of Sole Cause of Medical Condition Not Required

    Home Prices Up, Inventory Down

    Business Risk Exclusions Do Not Preclude Coverage

    Hawaii Bill Preserves Insurance Coverage in Lava Zones

    It’s Time to Change the Way You Think About Case Complexity

    Is Privity of Contract with the Owner a Requirement of a Valid Mechanic’s Lien? Not for GC’s

    Massachusetts SJC Clarifies “Strict Compliance” Standard in Construction Contracts

    Alleged Serious Defects at Hanford Nuclear Waste Treatment Plant

    Macron Visits Notre Dame 2 Years After Devastating Fire

    Court Rules that Collapse Coverage for Damage Caused “Only By” Specified Perils Violates Efficient Proximate Cause Rule and is Unenforceable

    Another Colorado District Court Refuses to Apply HB 10-1394 Retroactively

    BHA has a Nice Swing: Firm Supports Wounded Warrior Project at WCC Seminar

    Florida District Court Finds That “Unrelated” Design Errors Sufficient to Trigger “Related Claims” Provision in Architects & Engineers Policy

    Guilty Pleas Draw Renewed Interest In Nevada’s Construction Defect Laws

    Two Firm Members Among the “Best Lawyers in America”

    Construction Law Alert: A Specialty License May Not Be Required If Work Covered By Another License

    Contractor Prevailing Against Subcontractor On Common Law Indemnity Claim

    North Carolina Soil & Groundwater Case to be Heard by U.S. Supreme Court

    Injury to Employees Endorsement Eliminates Coverage for Insured Employer

    Negligence Against a Construction Manager Agent

    ASBCA Validates New Type of Claim Related to Unfavorable CPARS Review [i]

    Pile Test Likely for Settling Millennium Tower

    White and Williams Defeats Policyholder’s Attempt to Invalidate Asbestos Exclusions

    Freddie Mac Eases Mortgage Rules to Limit Putbacks

    Public Works Bid Protests – Who Is Responsible? Who Is Responsive?

    Former Zurich Executive to Head Willis North America Construction Insurance Group

    Insurer's Motion to Dismiss Complaint for Failure to Cover Collapse Fails

    Allegations of Actual Property Damage Necessary to Invoke Duty to Defend

    Lien Law Unlikely To Change — Yet

    Candis Jones Named to Atlanta Magazine’s 2021 “Atlanta 500” List

    Construction Law Client Alert: California’s Right to Repair Act (SB 800) Takes Another Hit, Then Fights Back

    Most Common OSHA Violations Highlight Ongoing Risks

    Construction Defect Coverage Summary 2013: The Business Risks Shift To Insurers

    DOD Contractors Receive Reprieve on Implementation of Chinese Telecommunications Ban

    Randy Maniloff Recognized by U.S. News – Best Lawyers® as a "Lawyer of the Year"

    Florida Court of Appeals Holds Underlying Tort Case Must Resolve Before Third-Party Spoliation Action Can Be Litigated

    eRent: Construction Efficiency Using Principles of the Sharing Economy

    Florida Representative Wants to Change Statute of Repose

    Contractors and Force Majeure: Contractual Protection from Hurricanes and Severe Weather

    Ambush Elections are Here—Are You Ready?

    Supreme Court of Washington State Upholds SFAA Position on Spearin Doctrine

    Insurance Alert: Insurer Delay Extends Time to Repair or Replace Damaged Property

    Got Licensing Questions? CSLB Licensing Workshop November 17th and December 15th
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    Leveraging from more than 7,000 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

    Difficult Task for Court to Analyze Delay and Disorder on Construction Project

    August 23, 2021 —
    One of my favorites quotes from a case, and I am sure others in the construction industry feel the same way or can relate, is from the District of Columbia Court of Appeals in Blake Construction Co., Inc. v. C.J. Coakley Co., Inc., 431 A.2d 569, 575 (D.C. 1981):
    We note parenthetically and at the outset that, except in the middle of a battlefield, nowhere must men coordinate the movement of other men and all materials in the midst of such chaos and with such limited certainty of present facts and future occurrences as in a huge construction project such as the building of this 100 million dollar hospital. Even the most painstaking planning frequently turns out to be mere conjecture and accommodation to changes must necessarily be of the rough, quick and ad hoc sort, analogous to ever-changing commands on the battlefield. Further, it is a difficult task for a court to be able to examine testimony and evidence in the quiet of a courtroom several years later concerning such confusion and then extract from them a determination of precisely when the disorder and constant readjustment, which is to be expected by any subcontractor on a job site, become so extreme, so debilitating and so unreasonable as to constitute a breach of contract between a contractor and a subcontractor.
    Do you agree with this sentiment? The reality is that retrospectively analyzing delay on a complicated construction project with numerous moving parts on a day-by-day, hour-by-hour, basis is no easy feat. It is not easy for the parties and certainly not easy for courts to unravel. With every party claiming delay based on a retrospective analysis there will be another party with either a different delay analysis or providing credible cross examination as to flaws with the delay analysis. The same bodes true with loss of productivity / inefficiency claims and the particular case-specific facts are important, preferably with evidence such as photos, videos, notifications, daily reports, manpower reports, etc., supporting the facts. But the facts are complicated, and the delay analysis is complicated, and it is a difficult task for a trier of fact to unravel these facts. Read the full story...
    Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
    Mr. Adelstein may be contacted at

    Responding to Ransomware Learning from Colonial Pipeline

    June 07, 2021 —
    Recently, ransomware has taken to the forefront in national news. The most prevalent ransomware attack, the one perpetrated against Colonial Pipeline by the now-defunct "Dark Side" hackers, has served to remind businesses about the risks of ransomware. What happened to Colonial Pipeline? What should businesses do to learn from Colonial Pipeline's response? What should a business avoid? What happened to Colonial Pipeline? Colonial Pipeline, a Georgia based operator of fuel pipelines, had its billing software compromised by Dark Side's ransomware attack.1 Following this, Colonial Pipeline took proactive measures to (1) shut down their systems; (2) evaluate the issue; and (3) safely brought systems back on line after ensuring that they were not compromised. Following this, Colonial Pipeline did eventually pay the 4.4 million dollar ransom demand from Dark Side. What it got in return was a decryption key, as promised, which ended up being slower than Colonial Pipeline's own backups.2 The ultimate result of this event being an initial cost of $4.4 million, in addition to lost profits, additional security costs, reputational costs, and litigation costs as consumers had filed a class-action lawsuit to hold Colonial Pipeline accountable for their perceived lapse in security.3 Further, the fall-out from Colonial Pipeline had prompted additional cybersecurity efforts and changes by the Biden administration, including proposed regulations requiring pipeline companies to inform the Department of Homeland Security of cybersecurity incidents within 12 hours, in addition to keeping a cybersecurity coordinator on staff at all times, and reviews of current security measures. Read the full story...
    Reprinted courtesy of J. Kyle Janecek, Newmeyer Dillion
    Mr. Janecek may be contacted at

    Hunton Andrews Kurth’s Insurance Recovery Practice, Partners Larry Bracken and Mike Levine Receive Band 1 Honors from Chambers USA in Georgia

    June 14, 2021 —
    The 2021 Chambers and Partners rankings for Georgia insurance recovery practices and lawyers are out and Hunton Andrews Kurth has received top honors. The rankings include Hunton Andrews Kurth’s Insurance Recovery practice and partners Lawrence J. Bracken II and Michael S. Levine, with all receiving Band 1 honors – the organization’s top-tier ranking. “The top-level ranking of our practice in Georgia, and the work that Larry and Mike bring to our clients in Georgia, specifically, is emblematic of the work our team is doing nationwide,” said Insurance Recovery Practice Head, Walter J. Andrews. “The Firm and I could not be more proud,” he added. Chambers and Partners is an independent research company operating across more than 200 jurisdictions delivering detailed rankings and insight into the world’s leading lawyers. Its rankings are viewed as one of the most credible and reliable industry benchmarks. Read the full story...
    Reprinted courtesy of Walter J. Andrews, Hunton Andrews Kurth
    Mr. Andrews may be contacted at

    Construction Industry Outlook: Building a Better Tomorrow

    July 25, 2021 —
    COVID-19 plunged the business world into one of the most challenging times not seen since the Great Depression. The construction industry, deemed an essential business, had to quickly innovate to find new ways of working to weather this storm. Several of these seemingly temporary solutions have spawned positive trends that are here to stay. Not Just Green, But Healthy Too The safety culture that exists on today’s jobsites helped contractors stay productive through the pandemic. However, because of the pandemic, project owners and construction firms are evaluating their sites from a new perspective. In a recent meeting, the construction head for a healthcare system stated he knows a safe jobsite but doesn’t know what he doesn’t know about a healthy site. Reprinted courtesy of Michael Alberico, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...
    Mr. Alberico may be contacted at

    2021 Executive Insights: Leaders in Construction Law

    August 16, 2021 —
    Gregory Cokinos, President and CEO, Cokinos | Young First, experience in the construction industry is of primary importance and vital to successfully negotiating construction contracts and handling construction claims and disputes. Even a mildly complex construction dispute is more than most non-construction lawyers can properly handle. Issues concerning scheduling, productivity, change management and risk shifting (among many others) are complex and unique to construction and can be further complicated by the procedural and substantive law that differs from jurisdiction to jurisdiction. Second, it is essential that your law firm has a culture of representing construction professionals. Understanding construction nomenclature and how construction projects are staffed, organized and documented saves time and money in an already expensive and time-consuming process. You cannot overstate the advantage of shared resources within an established construction firm when evaluating and handling construction matters. A law firm that dedicates a significant portion of its practice to the construction industry is uniquely positioned to realize this advantage. Finally, as I tell our young lawyers, “success” only comes before “work” in the dictionary. Hard work is the key to successfully negotiating a contract or executing a litigation plan in this complex industry. So, look for a firm that is not afraid of working long days and weekends to achieve success. Reprinted courtesy of Donald Berry, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

    How to Fix America

    July 11, 2021 —
    In 2011, then-President Barack Obama stood in front of the deteriorating Brent Spence Bridge linking Ohio and Kentucky with a plea to Republican leadership: Pass the jobs bill to rebuild America. (It did not pass.) Six years later, when asked about the same bridge, then-President Donald Trump answered “we’re going to get it fixed.” (It did not get fixed.) It took two trucks colliding on the Brent Spence’s lower deck — leading to a massive fire — just before 3 a.m. on Nov. 11, 2020, for work to begin. A post-crash inspection found the bridge structurally sound, and more than $3 million in repairs were made by year-end. But with traffic volume at around double its intended capacity, much more work is needed to alleviate persistent jams and accidents. Such has been the state of infrastructure in the U.S. for decades — fixes get put off until they’re absolutely necessary, and U.S. airports, roads and public transportation draw frequent comparisons to those in nations with far fewer resources. Meanwhile, countries in Europe, Asia and the Middle East have leapt ahead with so-called smart cities, high-speed trains and eco-friendly buildings. In 2019, the U.S. ranked 13th in the world in a broad measure of infrastructure quality — down from fifth place in 2002, according to the World Economic Forum’s Global Competitiveness Report. Read the full story...
    Reprinted courtesy of Bloomberg

    California’s Wildfire Dilemma: Put Houses or Forests First?

    November 29, 2021 —
    As record-breaking fires blacken millions of acres in California and elsewhere in the West this year, politicians are mostly sticking to a standard script in response. President Joe Biden’s proposed budget this year includes a $500 million boost to what the White House calls “forest management” and other efforts to reduce wildfire risk. In July, California lawmakers approved $1.5 billion in similar prevention spending. The funds are in addition to the $2 billion the federal government spends each year fighting fires — a figure twice what it was 10 years ago and roughly five times more than in the 1980s and 1990s. A study last year found that in 2018, wildfires in California caused $148.5 billion in economic damage, including $46 billion outside the state. Roughly one in three American houses is now in what forest scientists call the wildland-urban interface, where growing cities, remote workers, second-home buyers and commuters priced out of other housing markets are often pushing into fire-prone regions. A 2017 study found that 900,000 homes in the Western U.S. worth a combined $237 billion were “at high risk for fire damage.” Read the full story...
    Reprinted courtesy of Jim Hinch, Bloomberg

    Under Privette Doctrine, A Landowner Delegates All Responsibility For Workplace Safety to its Independent Contractor, and therefore Owes No Duty to Remedy or Adopt Measures to Protect Against Known Hazards

    September 29, 2021 —
    In Gonzalez v. Mathis (2021 WL 3671594) (“Gonzalez”), the Supreme Court of California held that a landowner generally owes no duty to an independent contractor or its workers to remedy or adopt other measures to protect them against known hazards on the premises. The Court applied the Privette doctrine which establishes a presumption that a landowner generally delegates all responsibility for workplace safety to its independent contractor. (See generally Privette v. Superior Court (1993) 5 Cal.4th 689; SeaBright Ins. Co. v. US Airways, Inc. (2011) 52 Cal.4th 590.) As such, the independent contractor is responsible for ensuring that the work can be performed safely despite a known hazard on the worksite, even where the contractor and its workers are unable to take any reasonable safety precautions to avoid or protect themselves from the known hazard. In Gonzalez, the landowner, Mathis, had hired an independent contractor, Gonzalez, to clean a skylight on his roof. To access the skylight, Gonzalez needed to utilize a narrow path between the edge of the roof and a parapet wall. While walking along this path, Gonzalez slipped and fell to the ground, sustaining serious injuries. Gonzalez alleged this accident was caused by several dangerous conditions on the roof, including a slippery surface, a lack of tie-off points to attach a safety harness, and a lack of a guardrail. Gonzalez was aware of all of these hazards prior to the accident. Reprinted courtesy of Krsto Mijanovic, Haight Brown & Bonesteel, Jeffrey C. Schmid, Haight Brown & Bonesteel and John M. Wilkerson, Haight Brown & Bonesteel Mr. Mijanovic may be contacted at Mr. Schmid may be contacted at Mr. Wilkerson may be contacted at Read the full story...