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    Ashburn, Virginia

    Virginia Builders Right To Repair Current Law Summary:

    Current Law Summary: (HB558; H 150; §55-70.1) Warranty extension applicable to single-family but not HOAs: in addition to any other express or implied warranties; It requires registered or certified mail notice to "vendor" stating nature of claim; reasonable time not to exceed six months to "cure the defect".

    Construction Expert Witness Contractors Licensing
    Guidelines Ashburn Virginia

    A contractor's license is required for all trades. Separate boards license plumbing, electrical, HVAC, gas fitting, and asbestos trades.

    Construction Expert Witness Contractors Building Industry
    Association Directory
    Northern Virginia Building Industry Association
    Local # 4840
    3901 Centerview Dr Suite E
    Chantilly, VA 20151

    Ashburn Virginia Construction Expert Witness 10/ 10

    The Top of Virginia Builders Association
    Local # 4883
    1182 Martinsburg Pike
    Winchester, VA 22603

    Ashburn Virginia Construction Expert Witness 10/ 10

    Shenandoah Valley Builders Association
    Local # 4848
    PO Box 1286
    Harrisonburg, VA 22803

    Ashburn Virginia Construction Expert Witness 10/ 10

    Piedmont Virginia Building Industry Association
    Local # 4890
    PO Box 897
    Culpeper, VA 22701

    Ashburn Virginia Construction Expert Witness 10/ 10

    Fredericksburg Area Builders Association
    Local # 4830
    3006 Lafayette Blvd
    Fredericksburg, VA 22408

    Ashburn Virginia Construction Expert Witness 10/ 10

    Augusta Home Builders Association Inc
    Local # 4804
    PO Box 36
    Waynesboro, VA 22980

    Ashburn Virginia Construction Expert Witness 10/ 10

    Blue Ridge Home Builders Association
    Local # 4809
    PO Box 7743
    Charlottesville, VA 22906

    Ashburn Virginia Construction Expert Witness 10/ 10

    Construction Expert Witness News and Information
    For Ashburn Virginia

    Delaware “occurrence” and exclusions j(5) and j(6)

    Will They Blow It Up?

    California Home Sellers Have Duty to Disclose Construction Defect Lawsuits

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    Homebuilding Continues to Recover in San Antonio Area

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    Harmon Tower Opponents to Try Mediation

    43% of U.S. Homes in High Natural Disaster Risk Areas

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

    Revel Closing Shows Gambling Is No Sure Thing for Renewal

    Harsh New Time Limits on Construction Defect Claims

    Newmeyer & Dillion Gets Top-Tier Practice Area Rankings on U.S. News – Best Lawyers List

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    Following Pennsylvania Trend, Federal Court Finds No Coverage For Construction Defect

    Elizabeth Lofts Condo Owners Settle with Plumbing Supplier

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    Court Calls Lease-Leaseback Project What it is: A Design-Bid-Build Project

    Maryland Court Affirms Condo Association’s Right to Sue for Construction Defects

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    Appeals Court Reverses Summary Judgment over Defective Archway Construction

    Construction Defect Coverage Barred Under Business Risk Exclusion in Colorado

    Supreme Court of Canada Broadly Interprets Exception to Faulty Workmanship Exclusion

    Bill Introduced to give Colorado Shortest Statute of Repose in U.S.

    New Jersey School Blames Leaks on Construction Defects, May Sue

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    Patagonia Will Start Paying for Homeowners' Solar Panels

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    CA Supreme Court Finds “Consent-to-Assignment” Clauses Unenforceable After Loss Occurs During the Policy Period

    Court Rules Planned Development of Banning Ranch May Proceed

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    Settlement Reached in California Animal Shelter Construction Defect Case

    Brief Discussion of Enforceability of Anti-Indemnity Statutes in California

    The Riskiest Housing Markets in the U.S.

    U.S. Home Prices Rose More Than Estimated in February

    Blurred Lines: New York Supreme Court Clarifies Scope of Privileged Documents in Connection with Pre-Denial Communications Prepared by Insurer's Coverage Counsel

    Federal Judge Rips Shady Procurement Practices at DRPA
    Corporate Profile


    The Ashburn, Virginia Construction Expert Witness Group is comprised from a number of credentialed construction professionals possessing extensive trial support experience relevant to construction defect and claims matters. Leveraging from this considerable body of 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.

    Construction Expert Witness News & Info
    Ashburn, Virginia

    Nevada Supreme Court Rejects Class Action Status, Reducing Homes from 1000 to 71

    July 02, 2014 —
    The Las Vegas Review-Journal reported that the “Nevada Supreme Court has rejected a request for class action status for claims of damaged stucco from faulty construction by Del Webb Communities involving nearly 1,000 Sun City Summerlin residents,” however, “the court upheld the award of damages to 71 homeowners following a jury trial in Clark County District Court in 2008.” The case began in 2003, and the Las Vegas Review-Journal referred to it as “one of the largest construction-defect cases in Nevada history.” But District Judge Allan Earl denied class action lawsuit in 2006. “Attorneys were seeking $70 million for the homeowners.” In 2008, another court “determined that only 71 homeowners merited compensation totaling $4 million for the stucco issues.” According to the Las Vegas Review-Journal, “[h]omeowners alleged that Del Webb failed to install metal screeds that would protect homes from water damage, and as a result, the homes suffered from cracked stucco, mold and weakened walls.” Read the court decision
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    Reprinted courtesy of

    The Year 2010 In Review: Design And Construction Defects Litigation

    February 25, 2011 —

    This article is the first in a series summarizing construction law developments for 2010

    1. Centex Homes v. Financial Pacific Life Insurance Co., 2010 U.S. Dist. LEXIS 1995 (E.D. Cal. 2010)

    After settling numerous homeowners’ construction defect claims — and more than ten years after the homes were substantially completed — a home developer brought suit against one of the concrete fabrication subcontractors for the development seeking indemnity for amounts paid to the homeowners, as well as for damages for breach of the subcontractor’s duties to procure specific insurance and to defend the developer against the homeowners’ claims. The subcontractor brought a motion for summary adjudication on the ground the developer’s claims were barred by the ten year statute of repose contained in Code of Civil Procedure Section 337.15.

    The District Court agreed the developer’s claim for indemnity was barred by Section 337.15. And it held that because the damages recoverable for breach of the subcontractor’s duty to purchase insurance are identical to the damages recoverable through the developer’s indemnity claim, the breach of duty to procure insurance claim also was time-barred. The District Court, however, allowed the claim for breach of the duty to defend to proceed. The categories of losses associated with such a claim (attorneys’ fees and other defense costs) are distinct from the damages recoverable through claims governed by Section 337.15 (latent deficiency in the design and construction of the homes and injury to property arising out of the latent deficiencies).

    2. UDC — Universal Development v. CH2M Hill, 181 Cal. App. 4th 10 (6th Dist. Jan. 2010)

    Indemnification clauses in construction agreements often state that one party to the agreement — the “indemnitor” — will defend and indemnify the other party from particular types of claims. Of course, having a contract right to a defense is not the same as actually receiving a defense. Any indemnitor attempting to avoid paying for defense costs can simply deny the tender of defense with the hope that when the underlying claim is resolved the defense obligations will be forgotten. In the past, when parties entitled to a defense — the “indemnitees” — had long memories and pressed to recover defense costs, indemnitors attempted to justify denying the tender by claiming their defense obligations coincided with their indemnity obligations and neither arose until a final determination was made that the underlying claim was one for which indemnity was owed.

    Read the full story...

    Reprinted courtesy of Candace Matson, Harold Hamersmith, and Helen Lauderdale, Sheppard Mullin Richter & Hampton LLP. Ms. Matson can be contacted at, Mr. Hamersmith can be contacted at, and Ms. Lauderdale can be contacted at

    Read the court decision
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    Reprinted courtesy of

    NJ Condo Construction Defect Case Dismissed over Statute of Limitations

    June 11, 2014 —
    According to an article by Matthew D. Stockwell of the firm Pillsbury Winthrop Shaw Pittman, LLP published in Lexology, “a trial court in Bergen County, New Jersey dismissed a condominium association's construction defect claims against several construction entities for failure to comply with the applicable statute of limitations.” Stockwell stated that the “aftermath will be interesting to follow, because the trial court stripped away some of the protection that New Jersey's discovery rule affords to property owners who become aware of latent defects well after a project is substantially completed.” Read the court decision
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    Reprinted courtesy of

    Cape Town Seeks World Cup Stadium Construction Collusion Damages

    March 19, 2015 —
    (Bloomberg) -- The City of Cape Town filed a civil damages claim against builders Aveng Ltd., Wilson Bayly Holmes-Ovcon Ltd. and Stefanutti Stocks Holdings Ltd. for colluding on a tender for a stadium built for the 2010 FIFA Soccer World Cup. The claim for at least 428 million rand ($35 million) will be heard in the North Gauteng High Court, Ian Neilson, Cape Town’s executive deputy mayor, said by phone on Monday. The amount claimed is subject to change, he said. Antitrust authorities fined 15 builders, including the trio facing the Cape Town claim, a total of 1.5 billion rand in June 2013 for rigging contracts for projects including the construction of stadiums for the 2010 World Cup hosted by South Africa. Aveng was fined 307 million rand, WBHO 311 million rand and Stefanutti 307 million rand. Read the court decision
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    Reprinted courtesy of Janice Kew, Bloomberg
    Ms. Kew may be contacted at

    Safe Harbors- not just for Sailors anymore (or, why advance planning can prevent claims of defective plans & specs) (law note)

    August 17, 2011 —

    Have you ever considered a “Safe Harbor Provision” for your Owner-Architect or Owner-Engineer contract? Maybe it is time that you do.

    As you are (probably too well) aware, on every construction project there are changes. Some of these are due to the owner’s change of heart, value engineering concerns, contractor failures, and material substitutions. Some may be because of a design error, omission, or drawing conflict. It happens.

    A “Safe Harbor Provision” is a provision that establishes an acceptable percentage of increased construction costs (that is, a percentage of the project’s contingency). The idea is that if the construction changes attributable to the designer is within this percentage, no claim will be made by the Owner for design defects.

    Read the full story…

    Reprinted courtesy of Melissa Brumback of Ragsdale Liggett PLLC. Ms. Brumback can be contacted at

    Read the court decision
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    Reprinted courtesy of

    West Virginia Couple Claim Defects in Manufactured Home

    November 20, 2013 —
    Douglas and Brenda Hess bought a manufactured home from Freedom Homes. Freedom Homes also hired workers to construct the basement and foundation, as well as install the home. Now the Hesses are claiming that the due to the installers, their home was damaged and that they cannot use it. They claim that the defendants refuse to repair the damage, and also claim a variety of things including negligence, frustration of purpose, and the intentional infliction of emotional distress. Read the court decision
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    Reprinted courtesy of


    June 22, 2016 —
    Today, in a precedential opinion, the Third Circuit Court of Appeals, affirmed the District Court’s dismissal of a complaint against my client that alleged that a multi-family building was constructed in violation of the Federal Housing Administration’s (FHA) design and accessibility requirements for disabled persons. A copy of the Opinion can be found here ( Opinion of 3rd Circuit . ) An adverse decision would have meant that my client could have been exposed to making several million dollars in alterations to its building. Read the court decision
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    Reprinted courtesy of Wally Zimolong, Supplemental Conditions
    Mr. Zimolong may be contacted at

    2011 West Coast Casualty Construction Defect Seminar – Recap

    June 01, 2011 —
    Event exhibitors and sponsors contribute to an informative and engaging environment
    Event exhibitors and sponsors contribute to an informative and engaging environment

    This year’s meeting was the best yet for the industry-leading construction defect and claims event.

    This year’s seminar concluded on May 13, 2011 with the Construction Defect Community Charitable Foundation Golf Tournament, held at Strawberry Farms Golf Course.

    The Disneyland Hotel in Anaheim, California was the place where more than 1,500 attendees convened for two days of professional development activities and seminars that included CLE workshops and panel discussions of special interest to legal and insurance professionals concerned with construction defect and claims litigation. Key events included “Challenges for Experts in Construction Defect Claims and Litigation,” “Keeping Up with Construction Defect Coverage,” and “Tips for Avoiding the ‘Perfect Storm’ in Handling of Wrap Claims.”

    Supporting the golf tournament at the 15th hole
    Supporting the golf tournament at the 15th hole

    This year’s Ollie award was given to George D. Calkins II, Esq. The West Coast Casualty Jerrold S. Oliver Award of Excellence was named in honor of the late Judge Jerrold S. Oliver, and recognizes an individual who is outstanding or has contributed to the betterment of the construction community.

    In addition to being the most comprehensive professional development seminar in the area of construction defects, this year’s seminar was equally valuable as a networking opportunity for members of the industry. People participated in professional development events during the day and then continued networking in the evening at numerous social events. The Lawn Party as well as the legendary Wood, Smith, Henning & Berman events were very well attended. Additional valuable networking events were hosted by a number of industry professionals at the House of Blues, and Tortilla Joe’s.

    As of this writing the 2011, West Coast Casualty's Construction Defect Seminar has applied for or has already received the following continuing education accreditation in the following areas;

    Read the full story…

    For more information about next year’s event, visit West Coast Casualty.

    Read the court decision
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    Reprinted courtesy of