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    Construction Expert Witness Builders Information
    Anchorage, 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.


    Construction Expert Witness Contractors Licensing
    Guidelines Anchorage Alaska

    Commercial and Residential Contractors License Required


    Construction Expert Witness Contractors Building Industry
    Association Directory
    Home Builders Association of Alaska
    Local # 0200
    8301 Schoon St Ste 200
    Anchorage, AK 99518

    Anchorage Alaska Construction Expert Witness 10/ 10

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

    Anchorage Alaska Construction Expert Witness 10/ 10

    Mat-Su Home Builders Association
    Local # 0230
    609 S KNIK GOOSE BAY RD STE G
    Wasilla, AK 99654

    Anchorage Alaska Construction Expert Witness 10/ 10

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

    Anchorage Alaska Construction Expert Witness 10/ 10

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

    Anchorage Alaska Construction Expert Witness 10/ 10

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

    Anchorage Alaska Construction Expert Witness 10/ 10

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

    Anchorage Alaska Construction Expert Witness 10/ 10


    Construction Expert Witness News and Information
    For Anchorage Alaska


    More Construction Defects for San Francisco’s Eastern Bay Bridge Expansion

    Pinnacle Controls in Verano

    Illinois Court Determines Insurer Must Defend Property Damage Caused by Faulty Workmanship

    Mortgage Bonds Stare Down End of Fed Easing as Gains Persist

    Coverage Denied for Ensuing Loss After Foundation Damage

    Condominium Association Wins $5 Million Judgment against Developer

    Arizona Court of Appeals Rules Issues Were Not Covered in Construction Defect Suit

    Stucco Contractor Trying to Limit Communication in Construction Defect Case

    Indictments Issued in Las Vegas HOA Scam

    Condominium Construction Defect Resolution in the District of Columbia

    Supreme Court Holds Arbitrator can Fully Decide Threshold Arbitrability Issue

    2017 Legislative Changes Affecting the Construction Industry

    Texas Supreme Court to Rehear Menchaca Bad Faith Case

    Fifth Circuit Asks Texas Supreme Court to Clarify Construction Defect Decision

    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

    2017 California Employment Law Update

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    Insurer's Summary Judgment Motion on Business Risk Exclusions Fails

    Duty to Defend Negligent Misrepresentation Claim

    Environmental Roundup – April 2019

    Repairs Commencing on Defect-Ridden House from Failed State Supreme Court Case

    Recent Bad Faith Decisions in Florida Raise Concerns

    Two Things to Consider Before Making Warranty Repairs

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    Augmenting BIM Classifications – Interview with Eveliina Vesalainen of Granlund

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    Sales of New U.S. Homes Slump to Lowest Level Since November

    Suspend the Work, but Don’t Get Fired

    Florida Duty to Defend a Chapter 558 Right to Repair Notice

    School District Client Advisory: Civility is not an Option, It is a Duty

    Strict Liability or Negligence? The Proper Legal Standard for Inverse Condemnation caused by Water Damage to Property

    Home Builders Wear Many Hats

    Update Relating to SB891 and Bond Claim Waivers

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    Corporate Profile

    ANCHORAGE ALASKA CONSTRUCTION EXPERT WITNESS
    DIRECTORY AND CAPABILITIES

    The Anchorage, Alaska 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
    Anchorage, Alaska

    Arbitration Provisions Are Challenging To Circumvent

    May 13, 2019 —
    Arbitration provisions are enforceable and they are becoming more challenging to circumvent, especially if one of the parties to the arbitration agreement wants to arbitrate a dispute versus litigate a dispute. Remember this when agreeing to an arbitration provision as the forum for dispute resolution in your contract. There is not a one-size-fits-all model when it comes to arbitration provisions and how they are drafted. But, there is a very strong public policy in favor of honoring a contractual arbitration provision because this is what the parties agreed to as the forum to resolve their disputes. By way of example, in Austin Commercial, L.P. v. L.M.C.C. Specialty Contractors, Inc., 44 Fla.L.Weekly D925a (Fla. 2d DCA 2019), a subcontractor and prime contactor entered into a consultant agreement that contained the following arbitration provision:
    Any controversy or claim arising out of or relating to this Agreement or the breach thereof shall be subject to the dispute resolution procedures, if any, set out in the Prime Contract between [Prime Contractor] and the [Owner]. Should the Prime Contract contain no specific requirement for the resolution of disputes or should the [Owner] not be involved in the dispute, any such controversy or claim shall be resolved by arbitration pursuant to the Construction Industry Rules of the American Arbitration Association then prevailing, and judgment upon the award by the Arbitrator(s) shall be entered in any Court having jurisdiction thereof.
    The prime contract between the owner and prime contractor did not require arbitration. Read the court decision
    Read the full story...
    Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
    Mr. Adelstein may be contacted at dma@kirwinnorris.com

    Approaches in the Absence of a Differing Site Conditions Clause

    April 10, 2019 —
    A contractor who has encountered unforeseen conditions will typically rely on the contract’s differing site conditions clause as a means to recovery. Most construction contracts address those issues directly. In ConsensusDocs Standard Agreement and General Conditions between Owner and Constructor, the starting point is § 3.16.2. But what if the contract does not contain a differing site conditions clause? Or, what if the contract does contain such a clause, but the contractor failed to provide adequate notice or satisfy other conditions or requirements of the contract? When reliance on a differing site conditions clause is impractical, a contractor still may seek recovery in certain instances under one or more of the following legal theories: misrepresentation; fraud; duty to disclose; breach of implied warranty; and mutual mistake. Misrepresentation Misrepresentation occurs when an owner “misleads a contractor by a negligently untrue representation of fact[.]” John Massman Contracting Co. v. United States, 23 Cl. Ct. 24, 31 (1991) (citing Morrison–Knudsen Co. v. United States, 170 Ct. Cl. 712, 718–19, 345 F.2d 535, 539 (1965)). A contractor may be able to recover extra costs incurred, under a theory of misrepresentation, if it can show that (1) the owner made an erroneous representation, (2) the erroneous representation went to a material fact, (3) the contractor honestly and reasonably relied on that representation, and (4) the contractor’s reliance on the erroneous representation was to the contractor’s detriment. See T. Brown Constructors, Inc. v. Pena, 132 F.3d 724, 728–29 (Fed. Cir. 1997). These four requirements can be satisfied, for example, through the use of deposition testimony detailing the owner’s representations and the contractor’s reliance thereon. See, e.g., C & H Commercial Contractors, Inc. v. United States, 35 Fed. Cl. 246, 256–57 (1996). Read the court decision
    Read the full story...
    Reprinted courtesy of Parker A. Lewton, Smith Currie
    Mr. Parker may be contacted at palewton@smithcurrie.com

    Digitalizing the Hospital Design Requirements Process

    April 02, 2019 —
    Decisions made at the early stages of a hospital project can have a huge impact on its life cycle value. To make sure that a hospital will be a good investment, its future users should be involved in helping set out the design requirements. A Finnish team of experts wanted to see if they could improve the process and set up an experiment to see how it could be done digitally. Currently, over one billion euros are budgeted to hospital construction and renovation in Finland. Globally, the sum is around US$400 billion. You would imagine that the design for such large investments would be very efficient from the start. Unfortunately, that is not the case. During the design phase, doctors, specialists, nurses, and other stakeholders take part in workshops in which they express their needs and requirements. For a large hospital project, 40 to 100 workshops are the norm. The work is done with a variety of tools, with sticky notes being the predominant technique. Read the court decision
    Read the full story...
    Reprinted courtesy of Aarni Heiskanen, AEC Business
    Mr. Heiskanen may be contacted at aec-business@aepartners.fi

    An Expert’s Qualifications are Important

    January 28, 2019 —
    An expert’s qualifications are important. Please remember this the next time you retain an expert to analyze documents or data and render an opinion based on that information. An expert must be qualified to render an opinion. Otherwise the expert will not be allowed to render the opinion you may be looking for or need for purposes of trial, as discussed below. A recent personal injury case, White v. Ring Power Corp., 43 Fla.L.Weekly D2729a (Fla. 3d 2018), involved a crane operator that became severely injured when operating a leased crane. The case proceeded to trial against only the equipment lessor of the crane based on the plaintiff’s contention that there were deficiencies with the crane. The plaintiff intended on using expert witnesses to interpret the crane’s load movement indicator (referred to as LMI) and render opinions that the LMI data showed prior overloads of the crane which resulted in the injury to the operator of the crane. Read the court decision
    Read the full story...
    Reprinted courtesy of David Adelstein, Kirwin Norris
    Mr. Adelstein may be contacted at dma@kirwinnorris.com

    Musk Backs Off Plan for Tunnel in Tony Los Angelenos' Backyard

    December 19, 2018 —
    Elon Musk’s futuristic tunneling company, Boring Co., is no longer embroiled in a lawsuit with the residents of West Los Angeles. A May lawsuit aimed at stopping the Boring Co.’s proposed tunnel under Sepulveda Boulevard has been settled, according to a notice filed at the Superior Court of Los Angeles County. Neighbors in the Brentwood and Sunset Boulevard areas, near the proposed tunnel, had sued the City of Los Angeles over the Boring Co.’s plans to build a test tunnel without going through an environmental review process, as recommended in April by the city’s public works committee. Read the court decision
    Read the full story...
    Reprinted courtesy of Sarah McBride & Edvard Pettersson, Bloomberg

    Outcry Over Peru’s Vast Graft Probe Prompts Top Lawyer to Quit

    January 15, 2019 —
    Peru’s Attorney General Pedro Chavarry quit his post amid allegations he sought to sabotage a plea deal with a major construction company and derail the country’s biggest corruption probe. The board of supreme prosecutors accepted his resignation Tuesday and appointed Zoraida Avalos as his replacement, according to a post on the account of the attorney general’s office. Chavarry will continue to sit on the five-member board. Read the court decision
    Read the full story...
    Reprinted courtesy of John Quigley, Bloomberg

    Restrictions On Out-Of-State Real Estate Brokers Being Challenged In Nevada

    April 10, 2019 —
    For years, the Nevada Real Estate Division (“NRED”) and its sub-entity, the Nevada Real Estate Commission (“NREC”), have been tasked with administering the licensing procedures applicable to real estate professionals in Nevada, as well as enforcement of the regulations governing business practices, advertising, commissions, license maintenance, and a host of other dayto-day parameters within which the profession operates. Within the past five years, however, the NREC has tasked itself with the publicly stated goal of “protecting” Nevada real estate licensees and the commissions they earn from out-of-state real estate professionals seeking to do business in the Silver State. While efforts to preserve local real estate opportunities for local brokers might seem sound, an international brokerage firm is challenging the foundation of that structure. If they win, the outcome could have huge implications on the real estate industry in Nevada. Businesses, here’s a breakdown of the existing structure and what the challenge is all about. The Existing Regulatory Structure Through amending their own regulations, the NRED and NREC have created a regulatory structure that:
    • Prohibits any non-Nevada licensed real estate broker from representing any seller (Nevada based or non-Nevada based) of any Nevada real estate;
    • Prohibits any non-Nevada licensed real estate broker from representing any Nevada resident in the purchase of Nevada real estate; and
    • Allows non-Nevada licensed real estate brokers to represent non-Nevada purchasers of Nevada real estate only if the out-of-state broker formally affiliates (and therefore shares commissions with) a resident Nevada-licensed broker.
    Read the court decision
    Read the full story...
    Reprinted courtesy of Aaron D. Lovaas, Newmeyer & Dillion LLP
    Mr. Lovaas may be contacted at aaron.lovaas@ndlf.com

    Suit Limitation Provision Upheld

    March 04, 2019 —
    The policy's one year suit limitation provision was upheld, depriving insureds of benefits under the policy. Oswald v. South Central Mut. Ins. Co., 2018 Minn. App. Unpub. LEXIS 1077 (Dec. 24, 2018). The Oswalds' hog barn burned down on June 21, 2016. Arson was a possible cause. The Oswalds were insured under a combination policy issued by North Star Mutual Insurance Company and South Central Mutual Insurance Company. Central provided coverage for basic perils, broad perils, and limited perils, which included fire losses. The Central policy required property claims to be brought within one year after the loss. By endorsement, the North Star policy required suits be brought within two years after the loss. Presumably, the claims was denied, although the decision does not state this. Read the court decision
    Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at te@hawaiilawyer.com