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    Calais, Maine

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    Southern Maine Home Builders & Rem Assn
    Local # 2020
    8 Mulliken Ct Suite 3
    Augusta, ME 04330

    Calais Maine Construction Expert Witness 10/ 10

    Southern York County Home Builders Association
    Local # 2030
    8 Mulliken Ct Suite 3
    Augusta, ME 04330

    Calais Maine Construction Expert Witness 10/ 10

    Home Builders & Remodelers Assn of Maine
    Local # 2000
    8 Mulliken Ct Suite 3
    Augusta, ME 04330

    Calais Maine Construction Expert Witness 10/ 10

    Modular Home Builders Association of Maine
    Local # 2015
    8 Mulliken Ct Suite 3
    Augusta, ME 04330

    Calais Maine Construction Expert Witness 10/ 10


    Construction Expert Witness News and Information
    For Calais Maine


    Experts Weigh In on Bilingual Best Practices for Jobsites

    2017 Construction Outlook: Slow, Mature Growth, but No Decline, Expected

    Structural Failure of Precast-Concrete Span Sets Back Sydney Metro Job

    Nationwide Immigrant Strike May Trigger Excusable Delay and Other Contract Provisions

    FHFA’s Watt Says Debt Cuts Possible for Underwater Homeowners

    Like Water For Chocolate: Insurer Prevails Over Chocolatier In Hurricane Sandy Claim

    Update Relating to SB891 and Bond Claim Waivers

    MGM Seeks to Demolish Harmon Towers

    Architect Responds to Defect Lawsuit over Defects at Texas Courthouse

    Coverage, Bad Faith Upheld In Construction Defect Case

    Connecting IoT Data to BIM

    Negligent Construction an Occurrence Says Ninth Circuit

    California Ballot Initiative Seeks to Repeal Infrastructure Funding Bill

    South Carolina Clarifies the Accrual Date for Its Statute of Repose

    Aurora Joins other Colorado Cities by Adding a Construction Defect Ordinance

    The Privilege Is All Mine: California Appellate Court Finds Law Firm Holds Attorney Work Product Privilege Applicable to Documents Created by Formerly Employed Attorney

    The Ghosts of Projects Past

    Florida Representative Wants to Change Statute of Repose

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

    Flood Insurance Claim Filed in State Court Properly Dismissed

    Nevada Assembly Sends Construction Defect Bill to Senate

    Quick Note: Remember to Timely Foreclose Lien Against Lien Transfer Bond

    New Becker & Poliakoff Attorney to Expand Morristown Construction Litigation Practice

    UPDATE: Texas Federal Court Permanently Enjoins U.S. Department of Labor “Persuader Rule” Requiring Law Firms and Other Consultants to Disclose Work Performed for Employers on Union Organization Efforts

    New Plan Submitted for Explosive Demolition of Old Tappan Zee Bridge

    Failure to Meet Code Case Remanded to Lower Court for Attorney Fees

    Negligence Claim Not Barred by Gist of the Action Doctrine

    Cutting the Salt Out: Tips for Avoiding Union Salting Charges

    Tokyo Building Flaws May Open Pandora's Box for Asahi Kasei

    Damages to Property That is Not the Insured's Work Product Are Covered

    Common Law Indemnity Claim Affirmed on Justifiable Beliefs

    Here's Proof Homebuilders are Betting on a Pickup in the Housing Market

    No Coverage for Construction Defects Under Arkansas Law

    Houston Bond Issue Jump-Starts 237 Flood Control Projects

    Proving Contractor Licensure in California. The Tribe Has Spoken

    Direct Contractors In California Should Take Steps Now To Reduce Exposure For Unpaid Wages By Subcontractors

    Home Prices in 20 U.S. Cities Rose at a Faster Pace in October

    How BIM Can Serve Building Owners

    Senate Committee Approves Military Construction Funds

    Hundreds of Snakes Discovered in Santa Ana Home

    Idaho Federal Court Rules Against Sacketts After SCOTUS Decided Judicial Review of an EPA Compliance Order was Permissible

    The Unpost, Post: Dynamex and the Construction Indianapolis

    Back to Basics – Differing Site Conditions

    Testing Your Nail Knowledge

    Haight Brown & Bonesteel Attorneys Named Best Lawyers in America ® 2016

    New Hampshire’s Statute of Repose for Improvements to Real Property Does Not Apply to Product Manufacturers

    OSHA Begins Enforcement of its Respirable Crystalline Silica in Construction Standard. Try Saying That Five Times Real Fast

    Housing to Top Capital Spending in Next U.S. Growth Leg: Economy

    BP Is Not an Additional Insured Under Transocean's Policy

    Alarm Cries Wolf in California Case Involving Privette Doctrine
    Corporate Profile

    CALAIS MAINE CONSTRUCTION EXPERT WITNESS
    DIRECTORY AND CAPABILITIES

    The Calais, Maine Construction Expert Witness 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. Drawing from this considerable body of experience, BHA provides construction related trial support and expert services to Calais' most recognized construction litigation practitioners, commercial general liability carriers, owners, construction practice groups, as well as a variety of state and local government agencies.

    Construction Expert Witness News & Info
    Calais, Maine

    Don’t Overlook Leading Edge Hazards

    May 20, 2019 —
    Leading edge hazards are often misunderstood and overlooked on today’s highly visible jobsites. Evidence is readily available via images shared on construction-related social media accounts. In the context of people showing pride for the hard work they do or the extreme conditions under which they work, posts offer glimpses into the methods employed to mitigate fall hazards. Alarmingly, many of these methods do not adhere to industry-accepted standards, especially in the case of leading edge applications. Mincing Words The definition of “leading edge” itself has undergone somewhat of a transformation since its introduction by OSHA to its current use by ANSI in the Z359.14-2014 “Safety Requirements for Self-Retracting Devices for Personal Fall Arrest and Rescue Systems” standard. OSHA defines a leading edge as an “unprotected side or edge during periods when it is actively or continuously under construction,” giving many the impression that a leading edge was a temporary condition found only during the construction of a structure. Reprinted courtesy of Baxter Byrd, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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    Reprinted courtesy of
    Mr. Byrd may be contacted at info@puresafetygroup.com

    SCOTUS Opens Up Federal Courts to Land Owners

    July 15, 2019 —
    For nearly 36 years, the United States Supreme Court’s decision in Williamson County Regional Planning Commission v. Hamilton Bank of Johnson City, 473 U.S. 172, 105 S.Ct. 3108, 87 L.Ed.2d 126 (1985) severely frustrated, if not all but foreclosed, a property owner’s right to bring a claim in federal court based on a regulatory taking. Under the Fifth Amendment, a property owner whose land has been “taken” by the government is entitled to just compensation. There are two types of takings direct or “inverse” or regulatory takings. A direct taking is where the government declares that it needs your land for public use and offers to pay you compensation. You might disagree with the amount offered – and that often is the case. But, a mechanism exists whereby a neutral third party – a condemnation board – will arrive at the compensation that is owed. On the other hand, an inverse condemnation or regulatory taking occurs when the government takes some action that restricts the use of the land in such a way as to severely impact it beneficial economic use. For example, if you own a strip of commercial property and intend to develop it and then the municipality comes along and suddenly changes the zoning classification of the parcel such that you can no longer develop it in a beneficial way, then you might have a regulatory takings case. Under the Court’s Williamson County decision, property owners falling within the later category were required to exhaust state remedies before proceeding to federal court under a claim that their Fifth Amendment rights were violated. The problem with this is that, as the Supreme Court explained, it creates a Catch-22. If property owners exhaust their state remedies and the state remedies result in an unfavorable outcome, the federal court is powerless to overturn that decision under the doctrines of res judicata and the full faith and credit clause of the Constitution. Well, yesterday, the Court overturned Williamson County, in Knick v. Township of Scott, 588 U.S. _____ (2019). There the Court held unequivocally a “property owner has suffered a violation of his Fifth Amendment rights when the government takes his property without just compensation, and therefore may bring his claim in federal court under Section 1983 at that time.” Read the court decision
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    Reprinted courtesy of Wally Zimolong, Zimolong LLC
    Mr. Zimolong may be contacted at wally@zimolonglaw.com

    No Coverage for Sink Hole Loss

    June 18, 2019 —
    The federal district court found there was no coverage under the commercial property policy for loss suffered by the insured condominium association due to a sink hole. Bahama Bay II Condo. Ass'n. v. Untied Nat'l Ins. Co., 2019 U.S. Dist. LEXIS 67487 (M.D. Fla. April 11, 2019). The plaintiff condominium association had thirteen buildings inside their complex. On December 9, 2016, a sinkhole appeared near Building 43. The building was vacated and declared unsafe. Plaintiff's board excused Building 43 owners from paying association dues. Plaintiff submitted a claim to the insurer for benefits under the policy. The insurer inspected and accepted coverage for Building 43 under the policy's Catastrophic Ground Cover Collapse (CGCC) provision and issued a check for $290,000 for immediate repairs. The insurer denied coverage for Buildings 42, 44, and 45; repairs to the foundation of all buildings, the retaining wall and outdoor fences; land, landscaping, and patios, uncollected association dues, and condominium unit owner property. Read the court decision
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    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    Nine Newmeyer & Dillion Attorneys Recognized as Southern California Super Lawyers

    February 11, 2019 —
    Prominent business and real estate law firm Newmeyer & Dillion LLP is pleased to announce that nine of its Newport Beach attorneys have been selected to the 2019 Southern California Super Lawyers list. Each year, no more than 5 percent of lawyers are selected to receive this honor. Attorneys named to the Southern California Super Lawyers list include: Michael Cucchissi Jeff Dennis Greg Dillion Joseph Ferrentino Charles Krolikowski John O'Hara Jane Samson Michael Studenka Paul Tetzloff Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The patented selection process includes independent research, peer nominations and peer evaluations. About Newmeyer & Dillion For almost 35 years, Newmeyer & Dillion has delivered creative and outstanding legal solutions and trial results for a wide array of clients. With over 70 attorneys practicing in all aspects of business, employment, real estate, privacy & data security and insurance law, Newmeyer & Dillion delivers legal services tailored to meet each client's needs. Headquartered in Newport Beach, California, with offices in Walnut Creek, California and Las Vegas, Nevada, Newmeyer & Dillion attorneys are recognized by The Best Lawyers in America©, and Super Lawyers as top tier and some of the best lawyers in California, and have been given Martindale-Hubbell Peer Review's AV Preeminent® highest rating. For additional information, call 949.854.7000 or visit www.ndlf.com. Read the court decision
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    Colombia's $15 Billion Road Plan Bounces Back From Bribe Scandal

    June 03, 2019 —
    Colombia’s $15 billion highway program has come roaring back to life as laws to protect investors help confidence recover from a massive kickback scandal that had paralyzed the sector. Public works expanded 8.5% in the first quarter from a year earlier, a rare bright spot in an economy that has struggled to grow since oil prices crashed nearly five years ago. Colombia ranks 102 out of 140 nations in road infrastructure quality, behind Bolivia and Sierra Leone, according to World Economic Forum’s Global Competitiveness report. Fixing that problem, which has bedeviled Colombian industry and agriculture for centuries, can boost growth for a generation, the government believes. Read the court decision
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    Reprinted courtesy of Oscar Medina, Bloomberg

    No Rest for the Weary: Project Completion Is the Beginning of Litigation

    June 18, 2019 —
    In today’s environment, most construction projects end up in some form of litigation. Construction is full-time employment for lawyers – from contract negotiation to project management, lien and payment issues. Years after project completion, a company still can face construction defect litigation and be served with a Notice of Opportunity to Repair, which in most states is now codified into statute. This is the beginning of what most likely will become a lawsuit, involving many of the subcontractors. Watch Out for the Construction Contract Blame Game The first phase of post construction litigation involves the review of contract and insurance policy language in an attempt to transfer responsibility in the litigation to other parties. Before construction began, contract negotiation focused on budget and timeline. In the post-construction phase, two less noticed provisions of the contract are critical – indemnity and insurance. Reprinted courtesy of Albert Li & Bob Fitzsimmons, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Mr. Fitzsimmons may be contacted at rfitzsimmons@rumberger.com Mr. Li may be contacted at ali@rumberger.com Read the court decision
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    EPA Issues Interpretive Statement on Application of NPDES Permit System to Releases of Pollutants to Groundwater

    May 27, 2019 —
    On Tuesday, April 23, 2019, in a development of interest to practically anyone who operates a plant or business, EPA published its Interpretive Statement in the Federal Register. (See 84 FR 16810 (April 23, 2019).) After considering the thousands of comments it received in response to a February 20, 2018, Federal Register notice, EPA has concluded that “the Clean Water Act (CWA) is best read as excluding all releases of pollutants from a point source to groundwater from a point source from NPDES program coverage, regardless of a hydrological connection between the groundwater and jurisdictional surface water.” Acknowledging that its past public statements have not been especially consistent or unambiguous on this important matter, EPA states that this interpretation “is the best, if not the only reading of the CWA, is more consistent with Congress’ intent than other interpretations of the Act, and best addresses the question of NPDES permit program applicability for pollutant releases to groundwater within the authority of the CWA.” Indeed, the absence of “a dedicated statement on the best reading of the CWA has generated confusion in the courts, and uncertainly for EPA regional offices and states implementing the NPDES program, regulated entities, and the public.” The recent and contrary interpretations of this issue by the Ninth Circuit (Hawaii Wildlife Fund v. County of Maui, 886 F.3d 737) and the Fourth Circuit (Upstate Forever v. Kinder Morgan Energy Partners, LP, 887 F.3d 637) will be reviewed by the U.S. Supreme Court, which will now have the benefit of the agency’s official position. In addition, EPA discloses that it will be soliciting additional public “input” on how it can best provide the regulated community with “further clarity and regulatory certainly”; these comments will be due within 45 days (June 7, 2019). Read the court decision
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    Reprinted courtesy of Anthony B. Cavender, Pillsbury
    Mr. Cavender may be contacted at anthony.cavender@pillsburylaw.com

    Hunton Insurance Partner, Larry Bracken, Elected to the American College of Coverage Counsel

    March 04, 2019 —
    Lawrence J. Bracken II, a partner in Hunton Andrews Kurth’s Insurance Coverage practice group, has been elected to the American College of Coverage Counsel (ACCC), which is the preeminent association of U.S. and Canadian lawyers who represent the interests of insurers and policyholders. The ACCC’s mission is to advance the creative, ethical and efficient resolution of insurance coverage and extracontractual disputes; to enhance the civility and quality of the practice of insurance law; to provide peer-reviewed scholarship; and to improve the relationships among the members of our profession. The ACCC engages in a rigorous vetting process prior to inviting a lawyer to become a fellow. ACCC fellows include many of the most prominent members of the insurance law bar. Read the court decision
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    Reprinted courtesy of Michael S. Levine, Hunton Andrews Kurth
    Mr. Levine may be contacted at mlevine@HuntonAK.com