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

    Construction Building Consultant Grayling Alaska Alaska Building Consultant 10/ 10

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

    Construction Building Consultant Grayling Alaska Alaska Building Consultant 10/ 10

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

    Construction Building Consultant Grayling Alaska Alaska Building Consultant 10/ 10

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

    Construction Building Consultant Grayling Alaska Alaska Building Consultant 10/ 10

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

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    Mat-Su Home Builders Association
    Local # 0230
    609 S KNIK GOOSE BAY RD STE G
    Wasilla, AK 99654

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

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    Defend Trade Secret Act of 2016–-Federalizing Trade Secret Law

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    CONSTRUCTION BUILDING CONSULTANT GRAYLING ALASKA ALASKA BUILDING CONSULTANT
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    The Construction Building Consultant Grayling Alaska, Alaska Building Consultant Group at BHA, leverages from the experience gained through more than 7,000 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 Construction Building Consultant Grayling Alaska'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.

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    Construction Building Consultant Grayling Alaska, Alaska

    TOP TAKE-AWAY SERIES: The 2023 Fall Meeting in Washington, D.C.

    November 13, 2023 —
    Over 500 construction lawyers, experts, and consultants descended on Washington last week for the Forum’s 2023 Fall Meeting. Newly minted Forum Chair John Cook and Program Coordinators Catherine Delorey and Brian Zimmerman put together a stellar program focused on navigating government construction. For this installation of the post-meeting post, I'm teaming up with guest contributor, Jennifer Kanady, to bring you 10 of our top take-aways from this unique program. 10. Contracting with the government is replete with risk that could easily trap the unwary. Nobody likes to be taken advantage of. But hell hath no fury like the U.S. Government scorned. Erin Cannon-Wells and Aaron Silberman, gave a (truly) delightful, Indiana-Jones-inspired presentation on the regulations that can doom the unwitting contractor who is less than perfectly forthright in its dealings. The government has created financial incentives for members of the public to report your company’s violations as part of a qui tam action. When you consider the number of potential whistleblowers in the bidding process and the contracting chain, a qui tam action would seem more likely than not. Add to that the sanctions contractors might face for even innocent errors either by their own companies or their downstream subs, and government contracting begins to sound increasingly like the Temple of Doom. Oh, and in case you were only focused on affirmative claims, beware the “reverse false claim” which is concealing information that would rightfully entitle the government to a credit… Reprinted courtesy of Marissa L. Downs, Laurie & Brennan, LLP and Jennifer M. Kanady, FAC Services, LLC Ms. Downs may be contacted at mdowns@lauriebrennan.com Ms. Kanady may be contacted at JKanady@facfin.com Read the full story...

    Traub Lieberman Partner Michael K. Kiernan and Associate Brandon Christian Obtain Dismissal with Prejudice in Favor of Defendant

    November 27, 2023 —
    In a 14-count breach of contract action brought in the Fifteenth Judicial Circuit in Palm Beach County, Florida, Partner Michael K. Kiernan and Associate Brandon Christian obtained dismissal with prejudice in favor of Defendant St. Joseph’s Episcopal Church of Boynton Beach, Florida (“Church”). Plaintiffs, St. Joseph’s Episcopal School (“School”) and its benefactor, William Swaney, filed suit to enforce an alleged 99-year oral lease agreement which Swaney asserted had been made to him by a prior rector of the Church in exchange for his contributions to the School. Plaintiffs also sought emergency injunctive relief to allow the School to continue to operate on Church property. The Church maintained in part that the only lease in effect was a written lease, approved by the Church Vestry and the Diocese of Southeast Florida, and which the Church Vestry unanimously voted not to renew in 2022. Reprinted courtesy of Michael K. Kiernan, Traub Lieberman and Brandon Christian, Traub Lieberman Mr. Kiernan may be contacted at mkiernan@tlsslaw.com Mr. Christian may be contacted at bchristian@tlsslaw.com Read the full story...

    Traub Lieberman Attorneys Lisa M. Rolle, Eric D. Suben, and Justyn Verzillo Secure Dismissal of All Claims in a Premises Liability Case

    November 16, 2023 —
    On an appeal of an order denying Defendant’s motion to dismiss the complaint in a slip-and-fall action commenced in Kings County Supreme Court, Traub Lieberman attorneys Lisa M. Rolle, Eric D. Suben, and Justyn Verzillo successfully secured dismissal of all claims by the Appellate Division, Second Department, on behalf of Traub Lieberman’s client. The lawsuit sought to recover damages arising out of injuries the Plaintiff allegedly sustained when she slipped and fell in the shower of a rental property owned by the Defendant, a limited liability company. Plaintiff alleged that the subject shower was defective, and the Defendant negligent, based on the absence of non-slip surfacing and grab bars in the shower. Aside from premises liability (negligence), Plaintiffs asserted eight other causes of action, including gross negligence, breach of warranty of habitability, intentional infliction of emotional distress, negligent infliction of emotional distress, alter-ego liability, loss of consortium, and for declaratory judgment. The judge in Supreme Court denied Traub Lieberman’s motion to dismiss on behalf of Defendant, citing as the sole reason that the affidavits submitted with the motion were unsigned, and ignoring Traub Lieberman’s arguments pointing out the glaring facial deficiencies of Plaintiff’s pleading and that the signed affidavits were in fact submitted before the return date. Reprinted courtesy of Lisa M. Rolle, Traub Lieberman, Eric D. Suben, Traub Lieberman and Justyn Verzillo, Traub Lieberman Ms. Rolle may be contacted at lrolle@tlsslaw.com Mr. Suben may be contacted at esuben@tlsslaw.com Mr. Verzillo may be contacted at jverzillo@tlsslaw.com Read the full story...

    Construction Litigation Roundup: “How Bad Is It?”

    September 25, 2023 —
    How bad is it? “Not that bad,” said an Illinois federal court to a surety which was complaining that its subcontract performance bond terms had not been satisfied by the obligees on the bonds (the general contractor and the building owner). In response to $3.6 million demand by the obligees on the performance bond, the surety filed an action in federal court in Illinois seeking to have the court declare that the surety had no further obligation on its performance bond. The surety urged that the obligees had not fulfilled the prerequisite requirements in the bond to make a claim on the bond (which, although the court never identified the bond form, was a bond form that closely resembled the AIA A312-2010 performance bond). Read the full story...
    Reprinted courtesy of Daniel Lund III, Phelps
    Mr. Lund may be contacted at daniel.lund@phelps.com

    Contract, Breach of Contract, and Material Breach of Contract

    July 05, 2023 —
    At its most basic level, a contract is an agreement to make a trade. Parties to a contract agree to perform a specific action on the condition that the other side also performs a specific action. For instance, you and a Girl Scout could create a contract in which the Girl Scout agrees to deliver one box of cookies and you agree to pay her $6.00. In this case, both you and the Girl Scout have obligations under the contract. If the Girl Scout failed to send you the cookies, what do you do? You send her a note, in writing, telling her that you expect the cookies (or assurance that you will get the cookies) within a certain amount of time—this is notice and the opportunity to cure. Most contracts have a “notice and opportunity to cure” provision, which essentially says that one side must give the other side an opportunity to fix breaches before canceling the contract. Once a party receives a notice to cure, they must either rectify the problem or offer adequate assurances that they will fix the problem. Generally, the party has only a short period of time to address the breach. Read the full story...
    Reprinted courtesy of Wendy Rosenstein, Ahlers Cressman & Sleight PLLC

    Real Estate & Construction News Roundup (10/04/23) – NFL Star Gets into Real Estate, DOJ Focuses on “Buyer-Broker Commissions”, and the Auto Workers’ Strike Continues

    November 13, 2023 —
    In our latest roundup, seller impersonation fraud becomes an issue in the United States, major retailers are closing over 3,000 stores nationwide, the Tampa Rays are set to construct a new $1.3 billion stadium, and more!
    • NFL star Tyler Lockett is preparing for his life and career after football by becoming a real estate broker in both Washington state and Texas. (Brady Henderson, ESPN)
    • Seller impersonation fraud has become a major scam in the United States with 73% of real estate firms reporting an increase in these schemes since the beginning of the year. (Diane Tomb, Fortune)
    • “Buyer-broker commissions” are a focus for the U.S. Justice Department as they have filed a “statement of interest” in one case in Massachusetts while there are several other pending lawsuits in U.S. courts. (Mike Scarcella, Reuters)
    Read the full story...
    Reprinted courtesy of Pillsbury's Construction & Real Estate Law Team

    Real Estate & Construction News Roundup (08/08/23) – Buy and Sell With AI, Urban Real Estate Demand and Increasing Energy Costs

    September 18, 2023 —
    In our latest roundup, we look at AI’s ability to buy and sell real estate, good news from the Labor Department for federally contracted construction workers, the continued promise of proptech, and more!
    • With economic hardships for urban commercial real estate, the suburbs may be where the next opportunities lie. (Larry Goodman, Forbes)
    • Being able to better meet tenant needs and alleviating the redundant, time-consuming tasks continue to drive interest in, and use of, proptech in the real estate sector. (Kerri Davis, Forbes)
    • Imagine using AI to determine which real estate properties to buy and sell. A former real-estate analyst has built a tool for this exact task. (Kelsey Neubauer, Business Insider)
    Read the full story...
    Reprinted courtesy of Pillsbury's Construction & Real Estate Law Team

    Unlocking the Potential of AI and Chat GBT in Construction Management

    September 11, 2023 —
    The construction industry is one of the most complex and challenging sectors. Projects can be highly demanding and require a significant amount of planning and coordination to complete successfully. However, with advancements in technology, specifically the use of artificial intelligence (AI) and chat GBT, the construction industry can experience a transformation in how it operates. One of the significant challenges in construction projects is the management of data. Information is collected from various sources and needs to be organized and analyzed to make informed decisions. AI can play a significant role in data analysis by providing real-time insights into the project’s progress. This can help in predicting potential delays, identifying areas where cost savings can be made, and even improve safety measures. Chat GBT, a natural language processing tool, can assist in project management by acting as a virtual assistant to construction managers. The software can be programmed to answer questions about the project, provide updates on the progress, and even suggest solutions to potential problems. This can help in reducing the workload of the project manager and allow them to focus on other critical tasks. Read the full story...
    Reprinted courtesy of Matthew DeVries, Burr & Forman LLP
    Mr. DeVries may be contacted at mdevries@burr.com