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

    Old Harbor Alaska Building Consultant 10/ 10

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

    Old Harbor Alaska Building Consultant 10/ 10

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

    Old Harbor Alaska Building Consultant 10/ 10

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

    Old Harbor Alaska Building Consultant 10/ 10

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

    Old Harbor Alaska Building Consultant 10/ 10

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

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

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    Building Consultant News and Information
    For Old Harbor Alaska

    WSDOT Excludes Non-Minority Women-Owned DBEs from Participation Goals

    Increasing Use of Construction Job Cameras

    London Penthouse Will Offer Chance to Look Down at Royalty

    Manhattan Developer Breaks Ground on $520 Million Project

    Court of Appeal Opens Pandora’s Box on Definition of “Contractor” for Forum Selection Clauses

    Insurer Liable for Bad Faith Despite Actions of Insured Contributing to Excess Judgment

    Edinburg School Inspections Uncovered Structural Construction Defects

    Colorado House Bill 17-1279 – A Misguided Attempt at Construction Defect Reform

    Homeowner Sues Brick Manufacturer for Spalling Bricks

    Defective Sprinklers Not Cause of Library Flooding

    Ninth Circuit Reverses Grant of Summary Judgment to Insurer For Fortuitous Loss

    Insurer’s Attempt to Shift Cost of Defense to Another Insurer Found Void as to Public Policy

    CDJ’s Year-End Review: The Top 10 CD Topics of 2014

    Court finds subcontractor responsible for defending claim

    Partners Jeremy S. Macklin and Mark F. Wolfe Secure Seventh Circuit Win for Insurer Client in Late Notice Dispute

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    Contractors with Ties to Trustees Reaped Benefits from LA Community College Modernization Program

    Architectural Firm, Fired by School District, Launches Lawsuit

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    Insurer's Motion to Dismiss Allegations of Collapse Rejected

    Repair Cost Exceeding Actual Cash Value Does Not Establish “Total Loss” Under Fire Insurance Policy

    Owner’s Slander of Title Claim Against Contractor Recording Four Separate Mechanics Liens Fails Under the Anti-SLAPP Statute

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    Pennsylvania Supreme Court Dismisses Appeal of Attorney Fee Award Under the Contractor and Subcontractor Payment Act

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    Will Future Megacities Be a Marvel or a Mess? Look at New Delhi

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    “To Indemnify, or Not to Indemnify, that is the Question: California Court of Appeal Addresses Active Negligence in Indemnity Provisions”

    A New AAA Study Confirms that Arbitration is Faster to Resolution Than Court – And the Difference Can be Assessed Monetarily

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    A Court-Side Seat: Appeals and Agency Developments at the Close of 2020

    Haight Lawyers Recognized in The Best Lawyers in America© 2019

    South Carolina Legislature Redefining Occurrences to Include Construction Defects in CGL Policies

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    The Old Harbor, 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 Old Harbor'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
    Old Harbor, Alaska

    Texas and Georgia Are Paying the Price for Sprawl

    March 15, 2021 —
    Cities in the Sun Belt South have been needing a more modern development model for a while. That's created tensions, both economically and politically, that have only accelerated during the past year's pandemic. My colleague Noah Smith wrote a column about this specific to Texas, but it's broader than any one state and it's useful to think about how we got to this point and why these issues are relevant in 2021 in a way they weren't a generation ago. There's an institutional reluctance to pivot away from the Sun Belt model defined by low taxes and cheap land because of how successful it was for key constituencies for decades. Coming out of World War II, there was a scramble nationwide to build more housing in response to soldiers coming home from war and pent-up demand for family formation. The combination of the automobile as the nation's now-dominant form of transportation and the passage of the Federal Highway Act of 1956 made building out the suburbs of less-populated southern states an irresistible growth model for politicians and economic development interests alike. If it required tax breaks and fewer regulations to lure jobs and people from northern states to accelerate the process, so be it. Read the court decision
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    Reprinted courtesy of Conor Sen, Bloomberg
    Mr. Sen may be contacted at

    Mitigate Construction Risk Through Use of Contingency

    April 26, 2021 —
    Mitigation of risk and costs in a construction project are always priorities for owners. In some contracts, in particular, Guaranteed Maximum Price contracts, some of those monetary risks are shifted to the contractor. Contingency is important because it allows for money to be in the budget for the unexpected and to keep the project moving, which benefits everyone. WHAT IS CONTINGENCY? Contingency is an amount of money built into the contractor’s price to complete the project to address unforeseen (although sometimes very common) costs that arise. This sum of money is generally referred to as the contractor’s contingency. The amount of the contingency is a balance struck between having money on hand to address the unexpected while also not unnecessarily tying up money that could otherwise be used for the project. Contingency is typically 5-10% of the hard costs. However, how the money is actually allocated during the project is not always well thought out, which can be the source of problems during the project. The contractor’s contingency is not to be confused with an owner’s contingency (or reserve) which is outside of the contractor’s budget and generally used for owner driven changes to the project, such as changes to scope, design and schedule. Reprinted courtesy of Laurie A. Stanziale, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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    Mexico City Metro Collapse Kills 24 After Neighbors’ Warnings

    May 17, 2021 —
    The collapse of a long-troubled Mexico City metro track killed 24 people and put two of President Andres Manuel Lopez Obrador’s top allies in the line of fire Monday night, after a decade of safety concerns and probes surrounding the project. About 79 people were injured, Mayor Claudia Sheinbaum said Tuesday. A broken beam led to the incident on the Golden Line of the metro system, she said. An international agency and the attorney general’s office will investigate. Reprinted courtesy of Max De Haldevang, Bloomberg and Maya Averbuch, Bloomberg Read the court decision
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    How Are You Dealing with Material Delays / Supply Chain Impacts?

    June 07, 2021 —
    In a prior article I discussed a material escalation provision in your construction contract to account for the volatility of the material price market. While including such a provision may not have been much of a forethought before, it is now! What about concerns with the actual supply chain that impacts the availability of and the lead time of materials? How are you addressing this concern in your construction contract? The pandemic has raised awareness to this issue as certain material availability has been impacted by the pandemic. As a result, parties in construction have tried to forecast those materials where delivery issues may occur including those materials with longer than expected lead times. But equally important is how this issue is being addressed in your construction contract including how you want to negotiate this risk in future construction contracts. Read the court decision
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    Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
    Mr. Adelstein may be contacted at

    FDOT Races to Re-Open Storm-Damaged Pensacola Bridge

    April 12, 2021 —
    Buffeted by hurricanes, northwest Florida’s largest-ever infrastructure effort is finally seeing the light at the end of the storm. The three-mile-long bridge across Pensacola Bay is expected to reopen to traffic this spring after an ongoing replacement effort abruptly became an emergency repair job as well. Reprinted courtesy of Jim Parsons, Engineering News-Record ENR may be contacted at Read the full story... Read the court decision
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    Reprinted courtesy of

    Contractors Set to Implement Air Quality Upgrades for Healthier Buildings

    April 12, 2021 —
    As people spend more time in offices, stores and other buildings, and colder weather forces many outdoor activities to be held indoors during the COVID-19 pandemic, construction contractors are increasingly being asked by building owners and operators to provide various mitigation strategies to improve indoor air quality to help occupants avoid being exposed to lingering airborne viral particles. Lowering the concentration of SARS-CoV-2 and other pathogens in enclosed public spaces is of the utmost importance nowadays given that Americans, on average, spend nearly 90% of their time indoors, according to the EPA. It’s fairly common knowledge that the best way to avoid infection is to follow guidelines issued by the Centers for Disease Control and Prevention that include:
    • wearing masks or other face coverings;
    • frequent hand-washing;
    • physical distancing of at least six feet; and
    • deep-cleaning procedures.
    Reprinted courtesy of Nate Echtenkamp, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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    Scotiabank Is Cautious on Canada Housing as RBC, BMO Seek Action

    April 12, 2021 —
    Bank of Nova Scotia, Canada’s third-largest lender, waded into the burgeoning debate over whether Justin Trudeau’s government should take immediate steps to cool the nation’s hot housing market, issuing a report that cautioned against rushing to implement new constraints. In a report released Sunday, Scotiabank’s chief economist Jean-Francois Perrault said the recent run-up in home prices nationally over the past year was in large part driven by sluggish supply that failed to keep up with higher demand -- a trend that could reverse itself as new sellers enter the market in coming weeks. If the government does decide to take action, it should target housing speculators, he said. Reprinted courtesy of Shelly Hagan, Bloomberg and Erik Hertzberg, Bloomberg Read the court decision
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    Cybersecurity "Flash" Warning for Construction and Manufacturing Businesses

    April 26, 2021 —
    The FBI recently released its 2020 Internet Crime Report (Report), which details and analyzes complaints received through the FBI’s Internet Crime Complaint Center (IC3). In 2020, IC3 received a record number of complaints – nearly 800,000, with reported losses in excess of $4.1 billion. Companies must acknowledge that cybercrime is a real, dangerous threat to their business, and understand how, and why, these threats continue to escalate. At a minimum, businesses should take several proactive steps to protect themselves. What is IC3? IC3 is an online platform hosted by the FBI, which exists to provide the public with a trusted place to report cybercrime to the FBI. Since its inception in 2000, the IC3 has received 5.6 million complaints, and has averaged approximately 440,000 complaints over each of the last five years. The complaint figure for 2020 is nearly double that average. Read the court decision
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    Reprinted courtesy of Jeffrey M. Dennis, Newmeyer Dillion
    Mr. Dennis may be contacted at