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

    Klawock Alaska Building Consultant 10/ 10

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

    Klawock Alaska Building Consultant 10/ 10

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

    Klawock Alaska Building Consultant 10/ 10

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

    Klawock Alaska Building Consultant 10/ 10

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

    Klawock Alaska Building Consultant 10/ 10

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

    Klawock Alaska Building Consultant 10/ 10

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

    Klawock Alaska Building Consultant 10/ 10

    Building Consultant News and Information
    For Klawock Alaska

    Insolvency of Primary Carrier Does Not Invoke Excess Coverage

    Miorelli Doctrine’s Sovereign Immunity in Public Construction Contracts — Not the Be-All and End-All

    ASCE Statement on National Dam Safety Awareness Day - May 31

    After 60 Years, I-95 Is Complete

    New York Appeals Court Rekindles the Spark

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    Contractors: Revisit your Force Majeure Provisions to Account for Hurricanes

    Attorneys' Fees Awarded "Because Of" Property Damage Are Covered by Policy

    White House Plan Would Break Up Corps Civil-Works Functions

    Claim Against Broker Survives Motion to Dismiss

    Federal Court Predicts Coverage In Utah for Damage Caused By Faulty Workmanship

    New York Court Narrowly Interprets “Expected or Intended Injury” Exclusion in Win for Policyholder

    Lenders and Post-Foreclosure Purchasers Have Standing to Make Construction Defect Claims for After-Discovered Conditions

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    What is a Subordination Agreement?

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    Delaware State Court Holds that Defective Workmanship Claims do not Trigger Coverage by a Builder’s Commercial General Liability Policy

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    Ensuring Arbitration in Construction Defect Claims

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    Weslaco, Texas Investigating Possible Fraudulent Contractor Invoices

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    Insurer Must Defend Insured Against Construction Defect Claims

    Arizona Court of Appeals Decision in $8.475 Million Construction Defect Class Action Suit

    Changes to Va. Code Section 43-13: Another Arrow in a Subcontractor’s Quiver

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    Congratulations to Nicole Whyte, Keith Bremer, John Toohey, and Tyler Offenhauser for Being Recognized as 2022 Super Lawyers!

    San Diego Appellate Team Prevails in Premises Liability Appeal

    Breaking Down Homeowners Association Laws In California

    Ruling Closes the Loop on Restrictive Additional Insured Endorsement – Reasonable Expectations of Insured Builder Prevails Over Intent of Insurer

    Hotel Owner Makes Construction Defect Claim

    Asbestos Client Alert: Court’s Exclusive Gatekeeper Role May not be Ignored or Shifted to a Jury

    Signed, Sealed and (Almost) Delivered: EU Council Authorizes Signing of U.S. – EU Bilateral Insurance Agreement

    Another Municipality Takes Action to Address the Lack of Condominiums Being Built in its Jurisdiction
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    The Klawock, Alaska Building Consultant Group is comprised from a number of credentialed construction professionals possessing extensive trial support experience relevant to construction defect and claims matters. Leveraging from more than 25 years experience, BHA provides construction related trial support and expert services to the nation's most recognized construction litigation practitioners, Fortune 500 builders, commercial general liability carriers, owners, construction practice groups, and a variety of state and local government agencies.

    Building Consultant News & Info
    Klawock, Alaska

    Lost Productivity or Inefficiency Claim Can Be Challenging to Prove

    May 02, 2022 —
    One of the most challenging claims to prove is a lost productivity or inefficiency claim. There is an alluring appeal to these claims because there are oftentimes intriguing facts and high damages. But the allure of the presentation of the claim does not compensate for the actual burden of proof in proving the lost productivity or inefficiency claim, which will require an expert. And they really are challenging to prove. Don’t take it from me. A recent Federal Claims Court opinion, Nova Group/Tutor-Saliba v. U.S., 2022 WL 815826, (Fed.Cl. 2022), that I also discussed in the preceding article, exemplifies this point. To determine lost productivity or inefficiency, the claimant’s expert tried three different methodologies. First, the expert looked at industry standard lost productivity factors such as those promulgated by the Mechanical Contractor’s Association. However, the claimant was not a mechanical contractor and there is a bunch of subjectivity involved when using these factors. The expert decided not to use such industry standard factors correctly noting they provide value when you are looking at a potential impact prospectively, but once you incur actual damages and have real data, it is not an accurate measure. Read the full story...
    Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
    Mr. Adelstein may be contacted at

    Point Taken: The UK Supreme Court Finally Confirms the General Law of Liquidated Damages (LDs)

    April 04, 2022 —
    In a long-awaited decision which overturned the Court of Appeal’s ruling in the Triple Point Technology vs PTT Public Company case, the UK Supreme Court confirmed the general law of LDs, which is that—absent clear words to the contrary—they accrue up to the date of termination of a contract regardless of whether the contractor completes the work; after that, general damages are recoverable. This approach was held to reflect “commercial reality and the accepted function of liquidated damages.” Although the contract in question was not a construction contract, the decision is equally relevant in the construction sphere. By way of reminder, Triple Point failed to complete the works under Phase 1 of a contract for the design, installation, maintenance and licencing of software. Despite agreeing a revised project plan, PTT gave notice to terminate. Reprinted courtesy of Vincent C. Zabielski, Pillsbury and Julia Kalinina Belcher, Pillsbury Mr. Zabielski may be contacted at Ms. Belcher may be contacted at Read the full story...

    Substitute Materials — What Are Your Duties? What Are Your Risks? (Law Note)

    June 27, 2022 —
    In managing a project as the design professional, you are called upon to wear many hats. One of those hats is that of material specifier and, at times, substitute material approver. What are your duties in looking at substitute materials? As always, the legal answer is “it depends”. In part, it will depend on your role on the project and what, specifically, the contract says. However, at its most basic, you can be sued for accepting an out of spec substitute material. This is so even if you believed the spec met requirements based on information that the contractor gave you. So, tread carefully in this area. Do not assume any information that the contractor presents to you– take the time to research for yourself, call the manufacturer, and otherwise ensure that the product will work. Read the full story...
    Reprinted courtesy of Melissa Dewey Brumback, Ragsdale Liggett
    Ms. Brumback may be contacted at

    Climate-Proofing Your Home: Upgrades to Weather a Drought

    January 03, 2022 —
    Climate-driven drought is making the once unthinkable foreseeable. Amid water shortages, your faucets could run dry, as has been a possibility in Marin County, California. Violate mandatory water restrictions and you might face steep fines or even a cutoff of service. With the western United States in the grip of an extreme drought, rivers and reservoirs are at record lows and some water utility districts in California have asked residents to curtail consumption by as much as 40%. A 2019 study found regions across the nation could face water shortages in the coming decades in part due to climate change. That puts a premium on making homes more resilient to drought by maximizing efficiency and minimizing waste through technologies that monitor consumption and recycle and capture water that would otherwise be lost. Read the full story...
    Reprinted courtesy of Todd Woody, Bloomberg

    Massachusetts Business Court Addresses Defense Cost Allocation and Non-Cumulation Provisions in Long-Tail Context

    March 06, 2022 —
    A business court in Massachusetts has weighed in on two key issues affecting allocation of insurance coverage for long-tail liabilities in Massachusetts. Specifically, in Crosby Valve LLC et al. v. OneBeacon America Insurance Company, et al.,[1] involving asbestos bodily injury claims, Judge Kenneth Salinger of the Suffolk County Business Litigation Session addressed:
    • whether defense costs in long-tail cases were subject to the same pro rata allocation scheme the Supreme Judicial Court (SJC) adopted to govern successively triggered insurers' indemnity obligations in Boston Gas Company v. Century Indemnity Company;[2] and
    • whether “non-cumulation” provisions, like those addressed by the New York Court of Appeals in Matter of Viking Pump,[3] were consistent with this pro rata allocation methodology.
    As to the first issue — i.e., allocation of defense costs — Judge Salinger declined to follow Boston Gas, and found the SJC’s holding in that case was limited to an insurers’ indemnity obligations. The SJC in Boston Gas had focused on the language of the policy insuring agreement, saying “[t]his policy applies to ... property damage ... which occurs anywhere during the policy period.” The SJC had also pointed to the policy definition of “occurrence” as “an accident, including injurious exposure to conditions, which results, during the policy period, in property damage neither expected nor intended from the standpoint of the insured.”[4] Reprinted courtesy of Eric B. Hermanson, White and Williams LLP and Austin D. Moody, White and Williams Mr. Hermanson may be contacted at Mr. Moody may be contacted at Read the full story...

    How to Remove a Mechanics Lien from Your Property

    March 21, 2022 —
    It sometimes happens that a contractor or material supplier records a mechanics lien on your property that becomes expired. Other times, the mechanics lien may be wrong, invalid and unenforceable for some reason, serving no legitimate purpose. The contractor or material supplier may be reasonable and release the mechanics lien once these issues are brought to its attention, but the contractor or material supplier may very well refuse to release the mechanics lien when requested. When this happens, what are your options? In California, there are various ways to bring this type of mechanics lien to a court’s attention in the hopes that the court will cause it to be released. Three of the more common methods are: (1) a petition under California Civil Code (“CCC”) § 8480; (2) a petition under California Code of Civil Procedure (“CCP”) § 765.010; or (3) a Lambert motion. This article will briefly discuss each of these methods. Read the full story...
    Reprinted courtesy of Hannah Kreuser, Porter Law Group
    Ms. Kreuser may be contacted at

    Where Parched California Is Finding New Water Sources

    June 13, 2022 —
    As drought-plagued western states watch their water sources literally dry up, California is digging deeper to tap the most basic source of all: groundwater. Reprinted courtesy of Pam McFarland, Engineering News-Record Ms. McFarland may be contacted at Read the full story...

    Judge Halts Sale of Brazilian Plywood

    June 06, 2022 —
    A permanent injunction was issued by Judge Roy Altman in a Ft. Lauderdale federal court on May 24th that requires the revocation of all PS 1 certificates that were issued by PFS-TECO to more than a dozen Brazilian mills that produced structural plywood for the U.S. market, reported Business Wire. “This case highlights how a few bad actors profited by essentially looking the other way while substandard, and potentially dangerous plywood was imported into the U.S. and used to build homes and businesses,” Michael Haglund, counsel representing the U.S. Structural Plywood Integrity Coalition, of Haglund Kelley, LLP, told Business Wire. Building codes throughout the U.S. require the use of PS 1 structural plywood in construction. "If product standards are not being met, there can be serious implications for all homes constructed using those substandard wood panel products," Tyler Freres, VP of Sales for Freres Engineered Wood, told CDJ. "Contractors and homeowners should be able to trust that U.S. certification agencies are doing their due diligence to accurately inspect panels, ensuring consumers' health and safety." The U.S. Structural Plywood Integrity Coalition, including nine family-owned U.S. plywood manufacturers, alleged that PFS-TECO falsely certified that plywood from Brazil met U.S. structural integrity requirements. This substandard plywood has been used throughout the U.S. In particular, it was used during the hurricane reconstruction efforts in Florida and Puerto Rico due to its cheaper price. In 2021, Brazilian plywood made up 11% of the U.S. supply with nearly 1.2 billion square feet sold.