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    Kachemak, 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.

    Building Consultant Contractors Licensing
    Guidelines Kachemak Alaska

    Commercial and Residential Contractors License Required

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

    Kachemak Alaska Building Consultant 10/ 10

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

    Kachemak Alaska Building Consultant 10/ 10

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

    Kachemak Alaska Building Consultant 10/ 10

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

    Kachemak Alaska Building Consultant 10/ 10

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

    Kachemak Alaska Building Consultant 10/ 10

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

    Kachemak Alaska Building Consultant 10/ 10

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

    Kachemak Alaska Building Consultant 10/ 10

    Building Consultant News and Information
    For Kachemak Alaska

    Investigation Continues on Children Drowning at Construction Site

    Bidders Shortlisted as Oroville Dam Work Schedule is Set

    Potential Problems with Cases Involving One Owner and Multiple Contractors

    Insured's Experts Excluded, But Insurer's Motion for Summary Judgment Denied

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

    U.S. Stocks Fluctuate Near Record After Housing Data

    Wendel Rosen’s Construction Practice Group Welcomes Quinlan Tom

    Home Prices in 20 U.S. Cities Rose in June at a Slower Pace

    Microsoft Said to Weigh Multibillion-Dollar Headquarters Revamp

    Demand for New Homes Good News for Home Builders

    A Vision and Strategy for the Adoption of Open International Standards

    Proposed Florida Construction Defect Act

    Surviving a Tornado – How to Navigate Insurance Claims in the Wake of the Recent Connecticut Storm

    BLOK, a Wired UK Hottest 100 Housing Market Startup, Gets Funding from a Renowned Group of Investors

    NYC’s Next Hot Neighborhoods Targeted With Property Funds

    Anatomy of a Construction Dispute- An Alternative

    "Damage to Your Product" Exclusion Bars Coverage

    OSHA’s New Severe Injury and Fatality Reporting Requirements, Are You Ready?

    Construction Law Alert: Concrete Supplier Botches Concrete Mix, Gets Thrashed By Court of Appeal for Trying to Blame Third Party

    Read Carefully. The Insurance Coverage You Thought You Were Getting May Not Be The Coverage You Got

    The Dog Ate My Exclusion! – Georgia Federal Court: No Reformation to Add Pollution Exclusion

    Absence of Property Damage During Policy Period Equates to No Coverage

    Call Me Maybe? . . . Don’t Waive Your Rights Under the Right to Repair Act’s Prelitigation Procedures

    State of Texas’ Claims Time Barred by 1982 Nuclear Waste Policy Act

    Quick Note: Attorney’s Fees and the Significant Issues Test

    Insured's Remand of Bad Faith Action Granted

    California Imposes New Disabled Access Obligations on Commercial Property Owners

    Reminder: Your MLA Notice Must Have Your License Number

    Library to Open with Roof Defect Lawsuit Pending

    CRH to Buy Building-Products Firm Laurence for $1.3 Billion

    Economist Predicts Housing Starts to Rise in 2014

    The General Assembly Seems Ready to Provide Some Consistency in Mechanic’s Lien Waiver

    Five Pointers for Enforcing a Non-Compete Agreement in Texas

    Assert a Party’s Noncompliance of Conditions Precedent with Particularity

    The General Assembly Adds Some Clarity to Contracts and Unlicensed Contractors

    Expert's Opinions On Causation Leads Way To Summary Judgment For Insurer

    A Recap of the Supreme Court’s 2019 Summer Slate

    Orange County Home Builder Dead at 93

    Did You Really Accept That Bid? – How Contractors Can Avoid Post-Acceptance Bid Disputes Over Contract Terms

    Unqualified Threat to Picket a Neutral is Unfair Labor Practice

    Committeewoman Requests Refund on Attorney Fees after Failed Legal Efforts

    Harmon Tower Case Settled Prior to Start of Trial

    California Supreme Court Finds that When it Comes to Intentional Interference Claims, Public Works Projects are Just Different, Special Even

    Contractor’s Charge Of Improvements To Real Property Not Required For Laborers To Have Lien Rights

    BUILD Act Inching Closer To Reality

    California Supreme Court Upholds Precondemnation Procedures

    Business Risk Exclusions Dismissed in Summary Judgment Motion

    Pass-Through Subcontractor Claims, Liquidating Agreements, and Avoiding a Two-Front War

    Good-To-Know Points Regarding (I) Miller Act Payment Bonds And (Ii) Payment Bond Surety Compelling Arbitration

    If I Released My California Mechanics Lien, Can I File a New Mechanics Lien on the Same Project? Will the New Mechanics Lien be Enforceable?
    Corporate Profile


    The Kachemak, 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. Drawing from this considerable body of experience, BHA provides construction related trial support and expert services to Kachemak'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.

    Building Consultant News & Info
    Kachemak, Alaska

    Does the Recording of a Mechanic’s Lien Memorandum by Itself Constitute Process? Read to Find Out

    August 04, 2021 —
    As a Virginia construction attorney representing those in the construction industry, mechanic’s liens are near and dear to my heart. The enforcement of mechanic’s lien rights in Virginia is a two-step process. The first step is the recording of a properly-timed memorandum of lien that includes all of the statutorily required information. The second step is a suit to enforce that memorandum of lien filed in Circuit Court. A recent case out of Norfolk, VA examined the first of these steps. In Central Radio Co. v. Warwick Builders, et al., and as Count III of a three-count Complaint, the Plaintiff, Central Radio Co., alleged that the Defendant, Warwick Builders, recorded a memorandum of lien that Warwick knew to be without merit and therefore committed an abuse of process. However, Warwick did not file any Circuit Court suit to enforce that lien. Central Radio Co. essentially alleged that the filing of the memorandum by itself constituted an attempt to extort payment and therefore was an abuse of process. Read the court decision
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    Reprinted courtesy of The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at

    Congratulations to BWB&O’s 2021 Super Lawyers Rising Stars!

    July 05, 2021 —
    Bremer Whyte Brown & O’Meara, LLP is excited to announce Partners Kyle Carroll, Nicole Nuzzo, and Michael D’Andrea, as well as Associates Andy Arakelian and Andrew Steinberg, have been selected to the 2021 Super Lawyers Southern California Rising Stars for their work in Civil and Family litigation! Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The patented selection process includes independent research, peer nominations, and peer evaluations. Read the court decision
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    Reprinted courtesy of Dolores Montoya, Bremer Whyte Brown & O'Meara LLP

    Yet ANOTHER Reminder to Always Respond

    July 11, 2021 —
    You would think I wouldn’t have to discuss the absolute need to respond to any served pleadings, particularly after some of the prior examples of what can happen if you fail to respond. Of course, I wouldn’t be starting a post like this if those that were sued contacted an experienced attorney in a timely fashion and followed this advice. Yet another example of the disastrous results that can occur simply from failing to file responsive pleadings occurred last year in the Eastern District of Virginia federal court in Alexandria, VA. In Pro-Telligent, LLC v. Amex Int’l, Inc. the Court considered a claim for breach of contract (among other causes of action) by Pro-Telligent against Amex. The operative facts are that Pro-Telligent was a subcontractor to Amex that claimed it was unpaid in the amount of $279,660.27, its Complaint was served on January 7, 2021, and Amex did not respond within the required 21-day window. The Court then held a hearing on February 28, 2020, regarding the validity of the Clerk of Court’s entry of default per the rules of court. Read the court decision
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    Reprinted courtesy of The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at

    Seven Trends That Impact Commercial Construction Litigation in 2021

    March 29, 2021 —
    2021 stands to bring sizeable change to the commercial construction industry as trends that had been on the horizon meet the impact of the pandemic. That means it will be even more important for architects, engineers, contractors and owners to prioritize revisiting their project plans as the industry adapts so that they can better reduce their likelihood of facing litigation down the line. While many in the industry will struggle to react to the ongoing environment, building stronger contractual understanding and preparedness to adapt could be the difference in being able to complete the work and move onto the next project in a timely manner. Meanwhile, contractors are using a wider usage of technologies for improved project communication and efficiency. In the coming year, there are seven trends will have the greatest impact on commercial construction. Reprinted courtesy of Jeffrey Kozek and E. Mitchell Swann, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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    Reprinted courtesy of

    JAMS Announces Updated Construction Rules

    June 21, 2021 —
    Irvine, Calif. – JAMS, the largest private provider of alternative dispute resolution (ADR) services worldwide, is pleased to announce it has revised and updated its Construction Arbitration Rules & Procedures and Expedited Construction Arbitration Rules & Procedures, effective June 1. These Rules were updated to reflect the latest developments and trends in construction arbitration. In response to the transition to virtual and hybrid proceedings, Rule 22 makes explicit the arbitrator’s full authority to conduct the hearing in person, virtually or in a combined form, as well as with participants in more than one geographic location. To support access to case documents throughout the proceedings, Rule 8 aligns electronic filing and service with the functionality of JAMS Access, a centralized, secure online case management platform. Additional rules were created or revised to clarify and strengthen the authority of the arbitrator. Key changes include allowing an arbitrator to withhold approval of any intended change in party representation that could compromise the proceedings or the final award, to set a hearing without consulting a party that he or she reasonably believes will not participate and to permit a party to file a motion for summary disposition of a claim if the arbitrator believes that party has demonstrated the motion is likely to succeed. About JAMS – Local Solutions. Global Reach. Founded in 1979, JAMS is the largest private provider of alternative dispute resolution services worldwide. JAMS successfully resolves and manages business and legal disputes by providing efficient, cost-effective and impartial ways to overcome barriers at any stage of conflict. JAMS offers customized in-person, virtual and hybrid resolution services locally and globally through a combination of industry-specific experience, first-class client service, the latest technology and highly trained mediators and arbitrators. Read the court decision
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    Reprinted courtesy of JAMS

    Former NJ Army Base $2B Makeover is 'Buzzsaw' of Activity

    June 14, 2021 —
    Take a developed property the size of New York City’s Central Park with 5 million sq ft of building area, program in new construction or renovation over 20 years and across three dozen parcels for 1,600 housing units, 300,000 sq ft of civic or government space, 500,000 sq ft for retail and 2 million sq ft of offices, and you have a pretty ambitious undertaking. The $2-billion effort to redevelop Fort Monmouth, a decommissioned former U.S. Army base in the thick of New Jersey’s suburban sprawl, is all kinds of ambitious. Reprinted courtesy of Tom Stabile, Engineering News-Record ENR may be contacted at Read the full story... Read the court decision
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    Reprinted courtesy of

    Fourth Circuit Questions EPA 2020 Clean Water Act 401 Certification Rule Tolling Prohibition

    August 10, 2021 —
    Last week, in North Carolina Department of Environmental Quality v. Federal Energy Regulatory Commission, the Fourth Circuit Court of Appeals suggested that Congress did not intend for the states, or tribes, to take final action on Clean Water Act (CWA) Section 401 applications within a year of filing. The opinion conflicts with the Environmental Protection Agency's (EPA) 2020 final rule that sought to limit state and tribal certifying authorities’ ability to delay federal projects through various tolling schemes. 85 Fed. Reg. 42210 (Jul. 13, 2020). EPA’s rule, codified in existing regulations, states that the CWA imposes a strict one-year deadline for certification decisions, otherwise certification is waived. However, the Fourth Circuit’s view suggests that this waiver is not triggered in cases where the certifying authority has acted on the application, even if it takes longer than a year to make a final certification decision. The court ultimately decided the case on other grounds, leaving a resolution on the statutory interpretation question for another day. Read the court decision
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    Reprinted courtesy of Karen C. Bennett, Lewis Brisbois
    Ms. Bennett may be contacted at

    CSLB Begins Processing Applications for New B-2 License

    June 21, 2021 —
    As we wrote about in our 2021 Construction Law Update, one of the new laws to take effect on January 1, 2021 was the enactment of SB 1189 which created a new B-2 Residential Remodeling Contractor’s license. The new license is available to contractors working on existing homes with residential wood frame structures requiring at least three (3) unrelated trades or crafts under a single contract. Beginning June 1, 2021, the Contractors State License Board began accepting applications for the B-2 Residential Remodeling Contractor’s license. According to a press release from the CSLB:
    The B-2 classification provides a pathway to licensure for many unlicensed people who are currently working on remodeling and small home improvement projects that don’t qualify for a B-General Building License because the contracted work does not include framing or rough carpentry. Consumers employing a licensed contractor have reduced liability and greater consumer protection. Licensees benefit from licensure as they have opportunities to lawfully advertise, and compete on a level playing field for jobs.
    Read the court decision
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    Reprinted courtesy of Garret Murai, Nomos LLP
    Mr. Murai may be contacted at