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    Construction Expert Witness Builders Information
    Barnesville, Georgia

    Georgia Builders Right To Repair Current Law Summary:

    Current Law Summary: SB 563 stipulates that prior to filing a claim, a homeowner must give the contractor 30 day written notice detailing the nature of the defect. In response, contractor must provide (within 30 days of receipt) a written reply containing an offer of settlement, requirement of inspection or rejection. The law provides definitions relating to construction; offers immunity from liability for certain conditions; and sets up an alternative dispute resolution process.


    Construction Expert Witness Contractors Licensing
    Guidelines Barnesville Georgia

    No state license for general contracting required. License is required for Air Conditioning, Electrical, and Plumbing trades.


    Construction Expert Witness Contractors Building Industry
    Association Directory
    West Georgia Home Builders Association
    Local # 1198
    207 N Lewis St
    Lagrange, GA 30240
    Barnesville Georgia Construction Expert Witness 10/ 10

    Milledgeville/Lake Sinclair Home Builders Association
    Local # 1105
    131 N. Lakeshore Dr.
    Ivey, GA 31031
    Barnesville Georgia Construction Expert Witness 10/ 10

    Home Builders Association of Macon
    Local # 1172
    PO Box 27447
    Macon, GA 31221

    Barnesville Georgia Construction Expert Witness 10/ 10

    Home Builders Association of Midwest Georgia
    Local # 1174
    101 Devant Street Suite 306
    Fayetteville, GA 30214

    Barnesville Georgia Construction Expert Witness 10/ 10

    Home Builders Association Of Warner Robins
    Local # 1196
    PO Box 8297
    Warner Robins, GA 31095

    Barnesville Georgia Construction Expert Witness 10/ 10

    Builders Association of Metro Augusta
    Local # 1132
    PO Box 211685
    Augusta, GA 30917

    Barnesville Georgia Construction Expert Witness 10/ 10

    Home Builders Association of Newton Co
    Local # 1183
    PO Box 2055
    Covington, GA 30015

    Barnesville Georgia Construction Expert Witness 10/ 10


    Construction Expert Witness News and Information
    For Barnesville Georgia


    Colorado Hotel Neighbors Sue over Construction Plans

    Florida Appeals Court Rules in Favor of Homeowners Unaware of Construction Defects and Lack of Permits

    Anatomy of an Indemnity Provision

    Lien Claimant’s Right to Execute against Bond Upheld in Court of Appeals

    Nevada Supreme Court Clarifies the Litigation Waiver of the One-Action Rule

    Insurance Law Alert: California Appeals Court Allows Joinder of Employee Adjuster to Bad Faith Lawsuit Against Homeowners Insurer

    District Court Awards Summary Judgment to Insurance Firm in Framing Case

    Defense for Additional Insured Not Barred By Sole Negligence Provision

    Connecticut Court Finds Anti-Concurrent Causation Clause Enforceable

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    Business Interruption, Food Spoilage Claims Resulting from Off Premise Power Failure Denied

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    An Additional Insured’s Reasonable Expectations may be Different from the Named Insured’s and Must be Considered to Determine whether the Additional Insured is Entitled to Defense from the Insurer of a Commercial Excess & Umbrella Liability Policy

    Indemnity Clauses That Conflict with Oregon Indemnity Statute Can Remain Partially Valid and Enforceable

    Florida Supreme Court: Notice of Right to Repair is a CGL “Suit,” SDV Amicus Brief Supports Decision

    Important Information Regarding Colorado Mechanic’s Lien Rights.

    Former Mayor Arrested for Violating Stop Work Order

    No Entitlement to Reimbursement of Pre-Tender Fees

    California Supreme Court Rights the “Occurrence” Ship: Unintended Harm Resulting from Intentional Conduct Triggers Coverage Under Liability Insurance Policy

    Miller Act and “Public Work of the Federal Government”

    No Occurrence Where Contract Provides for Delays

    Building Down in November, Even While Home Sales Rise

    Virginia Decision Emphasizes Importance of Naming All Necessary Parties

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    Haight Ranked in 2018 U.S. News - Best Lawyers "Best Law Firms" List

    Norristown, PA to Stop Paying Repair Costs for Defect-Ridden Condo

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    Corporate Profile

    BARNESVILLE GEORGIA CONSTRUCTION EXPERT WITNESS
    DIRECTORY AND CAPABILITIES

    The Barnesville, Georgia 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
    Barnesville, Georgia

    Insurance for Large Construction Equipment Such as a Crane

    July 30, 2018 —
    Many, many projects require the use of a crane. The skyline is oftentimes filled with the sight of cranes—one after the other. Most of the time, the cranes are leased from an equipment supplier. What happens if the crane (or any large, leased equipment) gets damaged? I wrote an article regarding a builder’s risk carrier NOT covering damage to a crane from a storm based on a common exclusion. Another case, Ajax Bldg. Corp. v. Hartford Fire Ins. Co., 358 F.3d 795 (11th Cir. 2004), had a similar result. In this case, a prime contractor leased a crane from an equipment supplier. The crane was used by the structural concrete subcontractor. The crane collapsed during the subcontractor’s work. The supplier sued both the contractor and subcontractor. The prime contractor was defended under a contractor’s equipment liability policy and the subcontractor was defended under a general liability policy it procured for its work on the project. Ultimately, a settlement was reached where the subcontractor’s liability insurer paid a bulk of the damage. Read the court decision
    Read the full story...
    Reprinted courtesy of David Adelstein, Kirwin Norris
    Mr. Adelstein may be contacted at dma@kirwinnorris.com

    Colorado Supreme Court Issues Decisions on Statute of Limitations for Statutory Bad Faith Claims and the Implied Waiver of Attorney-Client Privilege

    July 11, 2018 —
    The Colorado Supreme Court has been busy the past two weeks, issuing a couple rulings that should be of interest to the insurance industry:
    Statute of Limitations for Bad Faith Statute: In Rooftop Restoration, Inc. v. American Family Mutual Insurance Co., 2018 CO 44 (May 29, 2018), the Colorado Supreme Court held that the one-year statute of limitations that applies to penalties, does not apply to claims brought under C.R.S. 10-3-1116, Colorado’s statutory cause of action for unreasonable delay or denial of benefits. Section 10-3-1116 provides that a first-party claimant whose claim for payment of benefits has been unreasonably delayed or denied may seek to recover attorney fees, costs, and two times the covered benefit, in addition to the covered benefit. A separate Colorado statute, CRS 13-80-103(1)(d) provides a one-year statute of limitations for “any penalty or forfeiture of any penal statutes.” To arrive at the conclusion that the double damages available under section 10-3-1116 is not a penalty, the Court looked at yet another statutory provision, governing accrual of causes of action for penalties, which provides that a penalty cause of action accrues when “the determination of overpayment or delinquency . . . is no longer subject to appeal.” The Court stated that because a cause of action under 10-3-1116 “never leads to a determination of overpayment or delinquency . . . the claim would never accrue, and the statute of limitations would be rendered meaningless.” Para. 15. Presumably, the default two-year statute of limitations, provided by CRS 13-80-102(1)(i), will now be found to apply to causes of action seeking damages for undue delay or denial of insurance benefits.
    Read the court decision
    Read the full story...
    Reprinted courtesy of Jennifer Arnett-Roehrich, Gordon & Rees Scully Mansukhani
    Ms. Arnett-Roehrich may be contacted at jarnett-roehrich@grsm.com

    Accident/Occurrence Requirement Does not Preclude Coverage for Vicarious Liability or Negligent Supervision

    June 06, 2018 —
    In Liberty Surplus Ins. Corp. v. Ledesma & Meyer Construction Co., Inc. (No. S236765, filed 6/4/18) (L&M), the California Supreme Court ruled that the liability insurance requirement that injury be caused by an “occurrence,” defined as an “accident,” does not preclude coverage of an employer’s independent tort liability for injury deliberately caused by its employee. In L&M, Liberty insured a construction company that contracted to manage a construction project at a middle school in San Bernardino, California. A 13-year-old student subsequently sued the company in state court, alleging that she had been sexually molested by a company employee, Hecht. Among others, she alleged a cause of action for negligent hiring, retention and supervision of the employee. The construction company tendered to Liberty, which defended the employer under a reservation of rights while seeking declaratory relief in federal court. The district court granted summary judgment for Liberty, ruling that the injury was not caused by an “occurrence.” On appeal, the 9th Circuit Court of Appeals certified the question to the California Supreme Court as a matter of state law. Reprinted courtesy of Christopher Kendrick, Haight Brown & Bonesteel LLP and Valerie A. Moore, Haight Brown & Bonesteel LLP Mr. Kendrick may be contacted at ckendrick@hbblaw.com Ms. Moore may be contacted at vmoore@hbblaw.com Read the court decision
    Read the full story...
    Reprinted courtesy of

    New York Court of Appeals Addresses Choice of Law Challenges

    August 20, 2018 —
    In June, the New York Court of Appeals examined the application of a New York Choice of Law provision in a contract – a determinative issue for the case. In Ontario, Inc. v. Samsung C&T Corp., the issue was whether the plaintiff’s claims were subject to Ontario, Canada’s 2-year statute of limitations or New York’s 6-year statute of limitations for breach of contract where the contract contained a broad New York Choice of Law provision. The court found that pursuant to New York’s borrowing statute, Ontario’s more restrictive statute of limitations applied. The action was dismissed as time-barred, serving as a harsh reminder of the potential effects of choice of law and limitations periods. The suit arose out of the following facts. In 2008, an Ontario renewable energy developer, SkyPower Corp. (“SkyPower”), entered into a Non-Disclosure Agreement (NDA) with the defendants which allowed the defendants to review SkyPower’s confidential and proprietary information. The review was conditioned on restricted disclosure and the requirement that the information would be destroyed after review. Read the court decision
    Read the full story...
    Reprinted courtesy of Grace V. Hebbel, Saxe Doernberger & Vita, P.C.
    Ms. Hebbel may be contacted at gvh@sdvlaw.com

    New Jersey Senate Advances Bad Faith Legislation

    July 18, 2018 —
    New Jersey is the latest to join the list of states that have enacted or are considering enacting legislation that would authorize policyholders to file civil suits against first-party insurers for unfair business practices, such as unreasonably delaying or denying benefit payments, engaging in false advertising, or otherwise committing a wide range of unfair or deceptive practices. On June 7, the New Jersey Senate passed a bill entitled the New Jersey Insurance Fair Conduct Act. The Act would create a new statutory cause of action pursuant to which a first-party insurer would be liable for bad faith based on a single statutory violation, thereby entitling an aggrieved policyholder to collect triple damages and attorneys’ fees. The proposed legislation is now before the state’s General Assembly for further consideration. Read the court decision
    Read the full story...
    Reprinted courtesy of Traub Lieberman Straus & Shrewsberry LLP

    Back to Basics: What is a Changes Clause?

    July 18, 2018 —
    The Changes Clause is one of the most important, perhaps the most important, provision in any construction contract. Project designs are rarely perfect. A Changes Clause provides a mechanism for dealing with such imperfections as well as allowing project owners the flexibility to update a project’s design as the project progresses. A good Changes Clause specifies when an owner can change the original scope of the contract, how the parties should resolve the value of the changed scope and when payment should be made to the contractor or a credit given to the owner. A good Changes Clause will also provide a mechanism for the contractor to notify the owner when it believes a change order is due and specify the time within which such notice must be given. For the contractor, failure to pay attention to the requirements of the Changes Clause can lead to forfeiture of the right to seek an adjustment to the contract value or contract completion date. For an Owner, failure to pay attention to and enforce the requirements of the Changes Clause can result in unnecessary payments to the Contractor. Read the court decision
    Read the full story...
    Reprinted courtesy of J. Cole Phillips, Smith Currie
    Mr. Phillips may be contacted at jcphillips@smithcurrie.com

    What is a Civil Dispute?

    August 07, 2018 —
    Broadly speaking, all lawsuits can be put into one of two categories: criminal or civil. Criminal cases are brought by the government against a private person and/or organization for committing an act that is considered harmful to society as a whole; whereas civil cases involve private disputes between individuals and/or organizations. Civil litigation begins when one person or organization claims that another person or organization has failed to carry out a legal duty owed to the claimant. Legal duties are those prescribed either by contract between the parties, or by the law. In order for a claimant to commence legal action against another party, the claimant must file a summons and complaint with the court and serve a copy of the summons and complaint on the party against whom the lawsuit is being brought. The person who brings the lawsuit is called the “Plaintiff” and the person against whom the lawsuit is brought is called the “Defendant.” Read the court decision
    Read the full story...
    Reprinted courtesy of Bremer Whyte Brown & O’Meara

    It’s Time to Change the Way You Think About Case Complexity

    August 07, 2018 —
    There are few things that lawyers love more than telling war stories. Partially, that’s because many lawyers either only or primarily have friends who are lawyers, and war stories are a way for lawyers to relate to each other—your barber doesn’t understand the pain of reading through 5 paragraphs of irrelevant objections posed to each of 75 interrogatories, but your fellow lawyers will. One common feature of war stories is a note regarding how much was at issue in the case. “I was handling this $25 million claim once….” Lawyers include the dollar figure in dispute as a shorthand for the complexity of the case they’re talking about. “Oh, we’ll be in depositions for a month solid, this is a $10 million case!” I don’t know where I picked up this habit, but I know exactly how I learned to rethink it. A friend of mine, as in-house counsel, was handling a case worth over a billion dollars. When he told me about it, my jaw dropped. One of the first things I asked him was, how do you manage a case that big? And he told me about the several law firms he had engaged, all the people working on it. But then he said: it’s not really a complicated case. There were only 4-5 real factual questions, and a similar number of legal ones. It’s just that every factual question had a very high price tag associated with it. The high price tag doesn’t make the factual question any more complex, or any harder to litigate. For example, your builders’ risk policy either has coverage for flood damage or it doesn’t. If it does, then it doesn’t matter whether the flood washed the whole building away or just some materials from the laydown area—coverage is coverage, irrespective of quantum. Read the court decision
    Read the full story...
    Reprinted courtesy of Ben Patrick, Gordon & Rees Scully Mansukhani
    Mr. Patrick may be contacted at jpatrick@grsm.com