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    Kasaan, 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 Kasaan 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

    Kasaan Alaska Building Consultant 10/ 10

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

    Kasaan Alaska Building Consultant 10/ 10

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

    Kasaan Alaska Building Consultant 10/ 10

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

    Kasaan Alaska Building Consultant 10/ 10

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

    Kasaan Alaska Building Consultant 10/ 10

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

    Kasaan Alaska Building Consultant 10/ 10

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

    Kasaan Alaska Building Consultant 10/ 10

    Building Consultant News and Information
    For Kasaan Alaska

    President Trump Repeals Contractor “Blacklisting” Rule

    Homebuilding Still on the Rise

    Court Holds That Parent Corporation Lacks Standing to Sue Subsidiary’s Insurers for Declaratory Relief

    Breaking the Impasse by Understanding Blame

    Federal Court Holds That Other Insurance Analysis Is Unnecessary If Policies Cover Different Risks

    Did You Get a Notice of Mechanic’s Lien after Project Completion? Don’t Panic!

    Boilerplate Contract Language on Permits could cause Problems for Contractors

    Gordon & Rees Ranks #5 in Top 50 Construction Law Firms in the Nation

    AB 685 and COVID-19 Workplace Exposure: New California Notice and Reporting Requirements of COVID Exposure Starting January 1, 2021

    Connecticut Court Finds Anti-Concurrent Causation Clause Enforceable

    Occurrence Definition Trends Analyzed

    Top 10 Cases of 2019

    What are the Potential Damages when a House is a Lemon?

    Boston-area Asbestos-Abatement Firms Face Wage and Safety Complaints

    Construction Law Firm Opens in D.C.

    The Construction Lawyer as Counselor

    Construction Defect Bill Introduced in California

    Legislative Changes that Impact Construction 2017

    Supreme Court of Oregon Affirms Decision in Abraham v. T. Henry Construction, et al.

    Narrow House Has Wide Opposition

    Revisiting OSHA’s Controlling Employer Policy

    Williams v. Athletic Field: Hugely Important Lien Case Argued Before Supreme Court

    Contractor’s Claim for Interest on Subcontractor’s Defective Work Claim Gains Mixed Results

    Anticipatory Repudiation of a Contract — The Prospective Breach

    Reminder: Your MLA Notice Must Have Your License Number

    Steps to Defending against Construction Defect Lawsuits

    Architect Responds to Defect Lawsuit over Defects at Texas Courthouse

    OSHA’s Multi-Employer Citation Policy: What Employers on Construction Sites Need to Know

    Another Colorado Construction Defect Reform Bill Dies

    In Contracts, One Word Makes All the Difference

    Former Trump Atlantic City Casino Set for February Implosion

    City of Seattle Temporarily Shuts Down Public Works to Enforce Health and Safety Plans

    More Musings From the Mediation Trenches

    Georgia Court of Appeals Holds That Insurer Must Defend Oil Company Against Entire Lawsuit

    Contractual Indemnification Limitation on Florida Public Projects

    Six Inducted into California Homebuilding Hall of Fame

    How the Cumulative Impact Theory has been Defined

    New York Labor Laws and Action Over Exclusions

    Ensuing Loss Provision Found Ambiguous

    Insurers' Communications Through Brokers Not Privileged

    Texas Legislative Update

    Congratulations to our 2019 Southern California Super Lawyers Rising Stars

    Hurricane Harvey: Understanding the Insurance Aspects, Immediate Actions for Risk Managers

    New Jersey Supreme Court Hears Insurers’ Bid to Overturn a $400M Decision

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    Colorado’s Federal District Court Finds Carriers Have Joint and Several Defense Duties

    Seattle Expands Bridge Bioswale Projects

    The Relevance and Reasonableness of Destructive Testing

    New Plan Submitted for Explosive Demolition of Old Tappan Zee Bridge

    Consumer Protection Act Whacks Seattle Roofing Contractor
    Corporate Profile


    The Kasaan, 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 Kasaan'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
    Kasaan, Alaska

    1st District Joins 2nd District Court of Appeals and Holds that One-Year SOL Applies to Disgorgement Claims

    June 14, 2021 —
    We’re beginning to see a trend. This past year, the 2nd District Court of Appeals, in Eisenberg Village of the Los Angeles Jewish Home for the Aging v. Suffolk Construction Company, 53 Cal.App.5th 1201 (2020), held for the first time that a one (1) year statute of limitations period beginning upon substantial completion of a project applies to disgorgement claims under Business and Professions Code section 7031. In San Francisco CDC LLC v. Webcor Construction L.P., the 1st District Court of Appeals became the second Court of Appeals in the state to hold that a one (1) year statute of limitations beginning upon completion or cessation of work on a project applies to disgorgement claims under Business and Professions Code section 7031. The San Francisco CDC LLC Case The Defect Action In September 2005, San Francisco CDC LLC entered into a $144 million construction contract with Webcor Construction, Inc. doing business as Webcor Builders to build the InterContinental Hotel in San Francisco, California. Read the court decision
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    Reprinted courtesy of Garret Murai, Nomos LLP
    Mr. Murai may be contacted at

    Clearly Determining in Contract Who Determines Arbitrability of Dispute

    April 26, 2021 —
    As you know from prior postings: “Arbitration provisions are creatures of contract and must be construed ‘as a matter of contract interpretation.’ ” Fallang Family Limited Partnership v. Privcap Companies, LLC, 46 Fla.L.Weekly D639e (Fla. 4th DCA 2021) (citation omitted). Thus, if you prefer to arbitrate potential disputes, instead of litigating potential disputes, you want to include an arbitration provision in your contract. While there are positives and negatives to arbitration, no different than litigation, these positives and negatives should be considered during the contract negotiation process when dealing with the dispute resolution process in the contract. Generally, under the law, the arbitrability of a dispute is determined by the court. However, this can be deferred to the arbitrator with clear and unmistakable language in the contract. By way of example, the American Arbitration Association includes a rule that allows an arbitrator to rule on the arbitrability of the dispute, i.e., the claims asserted are subject to the governing arbitration provision in the contract. Recent law has suggested that if the objective is to authorize an American Arbitration Association arbitrator to make this determination, the contract clearly and unmistakably needs to state this intent and generally referring to the American Arbitration Association rules is not good enough. For this reason, I have included in arbitration provisions language that specifically states, “In the event of any dispute as to the arbitrability of any claim or dispute, the parties agree that an appointed arbitrator within the American Arbitration Association shall make this determination.” I have also included in arbitration provisions the converse so that if there is a dispute as to the arbitrability of a claim or dispute, the court, and not the arbitrator, will make this determination. Read the court decision
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    Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
    Mr. Adelstein may be contacted at

    Best Lawyers Honors 48 Lewis Brisbois Attorneys, Recognizes Four Partners as 'Lawyers of the Year'

    August 30, 2021 —
    Best Lawyers has selected 48 Lewis Brisbois attorneys across 27 offices for inclusion in its list of 2022 Best Lawyers in America. It has also recognized four Lewis Brisbois partners as "Lawyers of the Year": Cleveland/Akron Partner John F. Hill (Bet-the-Company Litigation); San Diego Partner Marilyn R. Moriarty (Medical Malpractice Law - Defendants); Portland Managing Partner Eric J. Neiman (Medical Malpractice Law - Defendants); and Sacramento Partner Eric J. Stiff (Corporate Law). Please join us in congratulating these four partners and the following attorneys on their Best Lawyers recognition. Seattle Partner Randy J. Aliment: Commercial Litigation
  • Reno Managing Partner Jack G. Angaran: Insurance Law, Litigation - Construction, Litigation - Real Estate
  • Los Angeles Partner Brian G. Arnold: Litigation - Intellectual Property, Litigation - Patent
  • Los Angeles/Orange County Partner John L. Barber: Employment Law - Management, Litigation - Labor and Employment
  • Read the court decision
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    Reprinted courtesy of Lewis Brisbois

    Lauren Motola-Davis Honored By Providence Business News as a 2021 Leader & Achiever

    August 04, 2021 —
    Providence Managing Partner Lauren Motola-Davis was recently named a 2021 Leader & Achiever by Providence Business News (PBN). Ms. Motola-Davis, along with 21 other honorees, will be recognized during an in-person ceremony on August 26 at 5:30 p.m. ET at the Aldrich Mansion in Warwick, Rhode Island. The Leaders & Achievers Award Program recognizes individuals for their notable success and strong leadership both in their fields and to the region. Honorees were chosen based on their long-standing commitment to the business community as well as a sustained demonstration of leading others, community service, and mentoring. Read the court decision
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    Reprinted courtesy of Lauren Motola-Davis, Lewis Brisbois
    Ms. Motola-Davis may be contacted at

    English v. RKK- There is Even More to the Story

    May 17, 2021 —
    Just when you thought that the litigation between W. C. English and RKK had no more to give (after all, there have been posts with wisdom from this case here, here, and here), it keeps on giving. A relatively recent opinion from this litigation involved, among other pre-trial motions, motions by English to exclude expert witness testimony. English sought to exclude Defendant CDM Smith, Inc’s expert testimony relating to CDM’s standard of care, the replacement of the bridge deck, English’s failure to fire CDM, and additional contributing factors regarding the spacing of the reinforcing steel. English sought to exclude RKK’s expert opinion regarding English’s owed standard of care vis a vis VDOT. In evaluating these motions, the Court applied the following standard:
    An expert qualified “by knowledge, skill, experience, training, or education, may testify “as to scientific, technical, or other specialized knowledge if it will assist the trier of fact. However, such testimony is only admissible if (1) “the testimony is based upon sufficient facts or data,” (2) “the testimony is the product of reliable principles and methods,” and (3) “the expert has reliably applied the principles and methods to the facts of the case.” [citations excluded here but stated in the opinion]
    Read the court decision
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    Reprinted courtesy of The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at

    12 Newmeyer Dillion Attorneys Named to 2022 U.S. News Best Lawyers in Multiple Practice Areas

    August 23, 2021 —
    Prominent business and real estate law firm Newmeyer Dillion is pleased to announce that twelve of the firm's attorneys were recently selected for inclusion and will be recognized in their respective areas in The Best Lawyers in America© 2022. Additionally, Greg Dillion has been selected to Best Lawyers 2022 Lawyer of the Year list in Construction Law. The twelve 2022 Best Lawyers are: Jason Moberly Caruso, Michael S. Cucchissi, Jeffrey M. Dennis, Greg L. Dillion, Joseph A. Ferrentino, Jon J. Janecek, Michael B. McClellan, Thomas F. Newmeyer, John A. O'Hara, Thomas H. Reilly, Bonnie T. Roadarmel and Jane M. Samson Best Lawyers is the oldest peer-review publication for the legal profession. Attorneys are chosen through intensive peer-review surveys in which leading lawyers evaluate their professional peers. Best Lawyers listings are published in almost 70 countries worldwide and are recognized for their reliable and unbiased selections. About Newmeyer Dillion For over 35 years, Newmeyer Dillion has delivered creative and outstanding legal solutions and trial results that achieve client objectives in diverse industries. With over 60 attorneys working as a cohesive team to represent clients in all aspects of business, employment, real estate, environmental/land use, privacy & data security and insurance law, Newmeyer Dillion delivers holistic and integrated legal services tailored to propel each client's operations, growth, and profits. Headquartered in Newport Beach, California, with offices in Walnut Creek, California and Las Vegas, Nevada, Newmeyer Dillion attorneys are recognized by The Best Lawyers in America©, and Super Lawyers as top tier and some of the best lawyers in California and Nevada, and have been given Martindale-Hubbell Peer Review's AV Preeminent® highest rating. For additional information, call 949.854.7000 or visit Read the court decision
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    Reprinted courtesy of

    Traub Lieberman Attorneys Recognized in the 2022 Edition of The Best Lawyers in America®

    September 13, 2021 —
    Traub Lieberman is pleased to announce that three Partners have been selected by their peers for inclusion in the 2022 edition of The Best Lawyers in America®. In addition, five attorneys have been included in the 2022 Best Lawyers®: Ones to Watch list. These recognitions include attorneys from the firm’s Chicago, IL; Palm Beach Gardens, FL; and St. Petersburg, FL offices. 2022 Best Lawyers®
      Chicago, IL
    • Brian C. Bassett – Insurance Law
      Palm Beach Gardens, FL
    • Rina Clemens – Personal Injury Litigation – Defendants
      St. Petersburg, FL
    • Scot E. Samis – Appellate Practice
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    Reprinted courtesy of Traub Lieberman

    Terminating Contracts for Convenience — “Just Because”

    June 28, 2021 —
    Termination for convenience provisions are important provisions to include in construction contracts. These are provisions that allow a party to terminate the contract for ANY REASON. No cause is needed to exercise the termination for convenience provision. In other words, the terminating party does not have to demonstrate the other party breached the contract. A termination for convenience can be exercised “just because.” Typically, the party providing the service should not get to terminate for convenience. However, the party receiving the service will want to be afforded this contractual right. For example, an owner (receiving a service) will want to include a termination for convenience provision with its prime contractor (providing a service). And, a general contractor (receiving a service) will want to include a termination for convenience provision in its subcontract with its subcontractor (providing a service). However, a general contractor providing a service for an owner, or a subcontractor providing a service to a general contractor, should not be able to terminate the contract for their convenience “just because” a better opportunity comes along. Read the court decision
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    Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
    Mr. Adelstein may be contacted at