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    Construction Expert Witness Builders Information
    Alberta, 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 Alberta 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
    Tidewater Builders Association
    Local # 4854
    2117 Smith Ave
    Chesapeake, VA 23320

    Alberta Virginia Construction Expert Witness 10/ 10

    Peninsula Housing & Builders Association
    Local # 4844
    760 McGuire Pl
    Newport News, VA 23601

    Alberta Virginia Construction Expert Witness 10/ 10

    Home Builders Association of Southside VA
    Local # 4863
    10300 Corporate Road
    Petersburg, VA 23805

    Alberta Virginia Construction Expert Witness 10/ 10

    New River Valley Home Builders Association
    Local # 4837
    PO Box 2010
    Christiansburg, VA 24068

    Alberta Virginia Construction Expert Witness 10/ 10

    Builders & Associates of Southern VA
    Local # 4829
    PO Box 10178 Ste 28
    Danville, VA 24543
    Alberta Virginia Construction Expert Witness 10/ 10

    Roanoke Regional Home Builders Association
    Local # 4881
    1626 Apperson Dr
    Salem, VA 24153

    Alberta Virginia Construction Expert Witness 10/ 10

    Home Builders Association of Central VA
    Local # 4827
    20334 Timberlake Rd Ste 3
    Lynchburg, VA 24502

    Alberta Virginia Construction Expert Witness 10/ 10

    Construction Expert Witness News and Information
    For Alberta Virginia

    Slump in U.S. Housing Starts Led by Multifamily: Economy

    Governor Brown Signs Legislation Aimed at Curbing ADA Accessibility Abuses in California

    Roof's "Cosmetic" Damage From Hail Storm Covered

    How to Defend Stucco Allegations

    It’s All a Matter of [Statutory] Construction: Supreme Court Narrowly Interprets the Good Faith Dispute Exception to Prompt Payment Requirements in United Riggers & Erectors, Inc. v. Coast Iron & Steel Co.

    Flying Solo: How it Helps My Construction Clients

    Public Law Center Honors Snell & Wilmer Partner Sean M. Sherlock As Volunteers For Justice Attorney Of The Year

    Construction Client Advisory: The Power of the Bonded Stop Notice Extends to Expended Construction Funds

    Former Owner Not Liable for Defects Discovered After Sale

    Illinois Court Determines Insurer Must Defend Negligent Misrepresentation Claim

    Legislatures Shouldn’t Try to Do the Courts’ Job

    Claims Made Insurance Policies

    Tenants Who Negligently Cause Fires in Florida Beware: You May Be Liable to the Landlord’s Insurer

    Identifying and Accessing Coverage in Complex Construction Claims

    SunEdison Gets Shinsei Bank Funding for Japan Solar Power Plant

    Texas Approves Law Ensuring Fair and Open Competition

    Georgia Appellate Court Supports County Claim Against Surety Company’s Failure to Pay

    ASCE Statement on House Passage of Infrastructure Investment and Jobs Act

    Four Key Steps for a Successful Construction Audit Process

    Contractors: A Lesson on Being Friendly

    Nevada Bill Aims to Reduce Legal Fees For Construction Defect Practitioners

    Arizona Supreme Court Holds a Credit Bid at a Trustee’s Sale Should Not be Credited to a Title Insurer Under a Standard Lender’s Title Policy To the Extent the Bid Exceeds the Collateral’s Fair Market Value

    Alaska Supreme Court Dismisses Claims of Uncooperative Pro Se Litigant in Defect Case

    San Diego Appellate Team Prevails in Premises Liability Appeal

    Water Intrusion Judged Not Related to Construction

    Intricacies of Business Interruption Claim Considered

    Sometimes a Reminder is in Order. . .

    U.K. Construction Growth Unexpectedly Accelerated in January

    Best Lawyers Recognizes Twenty White and Williams Lawyers

    Alaska Supreme Court Finds Insurer Owes No Independent Duty to Injured Party

    Beware of Statutory Limits on Change Orders

    Alarm Cries Wolf in California Case Involving Privette Doctrine

    Angela Cooner Receives Prestigious ASA State Advocate Award

    Rattlesnake Bite Triggers Potential Liability for Walmart

    No Coverage for Foundation Collapse

    Just a House That Uses 90 Percent Less Energy Than Yours, That's All

    NEW DEFECT WARRANTY LAWS – Now Applicable to Condominiums and HOAs transitioning from Developer to Homeowner Control. Is Your Community Aware of its Rights Under the New Laws?

    Brenner Base Tunnelers Conquer Peaks and Valleys in the Alps

    Gary Bague Elected Chairman of ALFA International’s Board of Directors

    California Appellate Court Holds “Minimal Causal Connection” Satisfies Causation Requirement in All Risk Policies

    Report to Congress Calls for Framework to Cut Post-Quake Recovery Time

    Ahlers Distinguished As Top Super Lawyer In Washington And Nine Firm Members Recognized As Super Lawyers Or Rising Stars

    The Washington Supreme Court Rules that a Holder of a Certificate of Insurance Is Entitled to Coverage

    CalOSHA Updates its FAQ on its COVID-19 Emergency Temporary Regulations

    Lakewood Introduced City Ordinance to Battle Colorado’s CD Law

    WSDOT Seeks Retraction of Waiver Excluding Non-Minority Woman-Owned Businesses from Participation Goals

    Ill-fated Complaint Fails to State Claims Against Broker and FEMA

    U.S. Construction Spending Rose in 2017 by Least in Six Years

    Former SNC-Lavalin CEO Now Set for Trial in Bribe Case

    Advice to Georgia Homeowners with Construction Defects
    Corporate Profile


    The Alberta, 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 more than 25 years 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
    Alberta, Virginia

    Wilke Fleury Attorneys Featured In Northern California Super Lawyers 2021!

    July 25, 2021 —
    Wilke Fleury is proud to announce that 15 of our astounding attorneys were featured in the Annual List of Top Attorneys in the 2021 Northern California Super Lawyers magazine. Super Lawyers rates attorneys in each state using a patented selection process; they also publish a yearly magazine issue that regularly produces award-winning features on selected attorneys. 1 of 15, Michael Polis, was also recognized on Page 9. Polis’ second job as a farmer was highlighted with a column and some neat photos. Read the full story...
    Reprinted courtesy of Wilke Fleury LLP

    How Does Weather Impact a Foundation?

    December 27, 2021 —
    When it comes to commercial properties, it pays to be prepared. However, there are few things as unpredictable as the weather. With there being several weeks left in hurricane season, the weather can have quite an impact on the foundations of different properties. Whether it’s a new home or a century-old commercial property, preserving the integrity and safety of the structure is paramount. For those in construction looking to learn more about how the weather can sway a foundation, below are several examples along with tips on prevention. Rain, Rain Go Away! Hurricanes are known for bringing strong winds and plenty of rain. This can spell disaster for buildings with weak foundations. Torrential downpours can cause wet and weak soil. Too much rain—whether generated by hurricanes or frequent storms—can negatively impact the foundations of commercial properties and homes as well. It can also cause the soil to weaken, which can lead to a foundation sinking into the ground. For those that may have crawl spaces underneath their properties, heavy rains may cause water to seep under and into it. Water will sit in the crawl space, and it could take days or even weeks to dry out, causing moisture and possible mold damage. Reprinted courtesy of Brent Pearson, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

    Georgia Local Government Drainage Liability: Nuisance and Trespass

    November 29, 2021 —
    A long-running dispute between a landowner and a municipality has escalated to the Georgia Court of Appeals and in the federal court for the Northern District of Georgia.[1] The municipality maintained a stormwater system that discharged on property uphill from the landowner’s property. The uphill property was used as an illegal dump, and debris washed downhill from the dump to the landowner’s property. The debris clogged the landowner’s surface water drainage system, which caused flooding of the property and a building. State Case The landowner sued for trespass, nuisance, takings, and inverse condemnation. While the other claims were barred by the four-year statute of limitations, the court addressed the plaintiff-landowner’s claim for continuing nuisance. Municipalities may be liable when they negligently construct or maintain a sewer or drainage system that causes repeated flooding of property, such that it results in a continuing, abatable nuisance.[2] For a municipality to be liable for maintenance of a nuisance:
    the municipality must be chargeable with performing a continuous or regularly repetitious act, or creating a continuous or regularly repetitious condition, which causes the hurt, inconvenience or injury; the municipality must have knowledge or be chargeable with notice of the dangerous condition; and, if the municipality did not perform an act creating the dangerous condition, . . . the failure of the municipality to rectify the dangerous condition must be in violation of a duty to act.[3]
    Read the full story...
    Reprinted courtesy of David R. Cook Jr., Autry, Hall & Cook, LLP
    Mr. Cook may be contacted at

    Real Estate & Construction News Round-Up (11/03/21)

    December 06, 2021 —
    Amenity-rich buildings become a key focus in enticing employees back into the office, supply chain links are strained by a lack of storage capacity in warehouses and port areas, green lease signings are on the uptick, and more.
    • In an effort to draw employees back into the office and retain talent in a tight labor market, businesses are spending more than ever on upscale workspaces, paying high rents for modern, amenity-rich buildings. (Peter Grant, The Wall Street Journal)
    • As sustainability and ESG factors become increasingly important, net-zero carbon commitments are emerging as the next big “must-have” for commercial real estate owners, as more than 100 businesses and organizations have signed on to the World Green Building Council’s Net Zero Carbon Buildings Commitment, which seeks to decarbonize the buildings sector by 2050 and get halfway there by 2030. (Elsa Wenzel, GreenBiz)
    Read the full story...
    Reprinted courtesy of Pillsbury's Construction & Real Estate Law Team

    Recent Regulatory Activity

    October 25, 2021 —
    Selected federal regulatory actions taken or proposed by several federal agencies, including the Environmental Protection Agency: EPA Actions. On September 15, 2021, EPA’s Water Office issued a memo rescinding a January 2021 guidance document that purported to provide the regulatory community with EPA’s understanding of the Supreme Court’s Clean Water Act ruling in the case of County of Maui v. Hawaii Wildlife Fund. That case involved a discharge of pollutants to groundwater which eventually made their way to the Pacific Ocean. Was an NPDES permit required to authorize this discharge, which was not initially made to a navigable body of water? The text of the Clean Water Act provided little guidance, and the matter has become very controversial. The Court held that if the discharge was the “functional equivalent” of a direct discharge, a permit may be required, and the Court described some factors that could influence a determination that there was the functional equivalent of a direct discharge. However, EPA has rescinded the January 2021 guidance, opining that EPA’s earlier analysis was inconsistent the Court’s opinion, and that the guidance was issued without proper deliberation within EPA or with its federal partners. Until new guidance is prepared, EPA will continue to apply “site-specific, science-based evaluations” to resolve these questions. On October 1, 2021, EPA released its “Climate Adaption Action Plan.” Briefly, EPA will take steps to ensure that its programs and policies consider current and future impacts of climate change and how the impacts disproportionately affect certain underserved or environmental justice communities. The agency’s air and water quality programs, contaminated sites activities and chemical safety and pollution prevention programs will be analyzed to determine their impact. Also on October 1, 2021, EPA released its draft FY 2022-2026 Strategic Plan to protect health and the environment. The plan, essentially an internal directive to all offices and regions, reflects a new “foundational principle”—to advance justice and equity by taking on the climate crisis and taking decisive action to advance civil rights and environmental justice. Read the full story...
    Reprinted courtesy of Anthony B. Cavender, Pillsbury
    Mr. Cavender may be contacted at

    Yet ANOTHER Reason not to Contract without a License

    October 25, 2021 —
    Remember when I stated that you cannot lawfully perform construction work in Virginia without a contractor’s license? Remember when I said that you risk non-payment if you do so? If you needed another reason, a relatively recent Virginia Court of Appeals decision upholding a criminal conviction for performing construction work without a license should be that reason. In Riddel v. Commonwealth, the Court took up an appeal from the conviction of Jeff Riddel where Mr. Riddel was verbally asked by homeowners to inspect and then repair their septic system. Mr. Riddel then contracted with Fairfax Suburban Septic to pump out and repair the system. Mr. Riddel then delivered the homeowners an invoice from Fairfax Suburban Septic and instructed the homeowners to pay Fairfax Suburban Septic directly. After payment, the homeowners became aware that the work was not completed and that neither Mr. Riddel nor his subcontractor was licensed to perform septic work in Virginia. During the trial, Mr. Riddel argued on a Motion to Strike the Commonwealth’s evidence that (1) he merely arranged for licensed contractors to perform the repairs to the septic system, arguing that Virginia Code §§ 54.2-801 to 802 permitted Riddel to arrange the work without a contractor’s license and (2) no written contract to perform a septic inspection or repairs existed. The Circuit Court denied the motion and Mr. Riddel was convicted under Va. Code 54.1-111 for performing the work without a license. Needless to say, he appealed. Read the full story...
    Reprinted courtesy of The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at

    Still Going, After All This Time: the Sacketts, EPA and the Clean Water Act

    September 13, 2021 —
    On August 16, 2021, the U.S. Court of Appeals for the Ninth Circuit affirmed the lower court’s ruling that the Idaho property of Michael and Chantell Sackett was a regulated wetlands under the then-controlling 1977 EPA rules defining “waters of the United States,” and that the Sacketts dredging and filling of their property was subject to regulation by the U.S. Army Corps of Engineers or EPA. EPA’s case, as it has been for many years, was based on 2008 EPA and Corps inspection reports and Justice Kennedy’s “significant nexus” test as the controlling opinion in the 2006 Supreme Court case, Rapanos v. United States. The Sacketts’ argument was that the text of the Clean Water Act, as interpreted by Justice Scalia and three other Justices, was controlling, but for several years, the Ninth Circuit has relied on Justice Kennedy’s opinion in these CWA controversies. The court’s opinion expressed considerable sympathy for the Sacketts as they negotiated the thicket of EPA’s regulatory processes, but it could not disregard circuit precedent. A few years ago, the Supreme Court ruled, in a unanimous decision, that EPA’s then extant administrative compliance orders were arbitrary and capricious. (See Sackett v. US, 566 US 120 (2015).) After that decision, the case was remanded to the federal district court, where it lingered for several more years. Read the full story...
    Reprinted courtesy of Anthony B. Cavender, Pillsbury
    Mr. Cavender may be contacted at

    Eighth Circuit Affirms Finding of Bad Faith, Award of Costs and Prejudgment Interest

    October 25, 2021 —
    The Eighth Circuit affirmed the district court's finding of bad faith and award to the insured of taxable costs and prejudgment interest. Selective Ins. Co. v. Sela, 2021 U.S. App. LEXIS 26062 (8th Cir. Aug. 30, 2021). The insured suffered two hail storms that damaged his home. In 2010, the first storm caused over half a million dollars in loss. Before submitting a claim to his original insurer or beginning any repairs, the insured secured a new policy with Selective. The policy did not exclude pre-existing damage, it did preclude coverage if the insured "willfully and with intent to defraud, concealed or misrepresented any material fact or circumstance relating to the insurance." Before issuing the policy, Selective appraised the property and assigned a $1.6 million value to the home. The insured then filed a claim with his original insurer and received $510,787.23 for actual cash value of his loss. Neither the terms of this settlement nor this new policy with Selective required the insured to repair all of the 2010 damage. Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at