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    Construction Expert Witness Builders Information
    Kenai, 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 Kenai Alaska

    Commercial and Residential Contractors License Required

    Construction Expert Witness Contractors Building Industry
    Association Directory
    Kenai Peninsula Builders Association
    Local # 0233
    PO Box 1753
    Kenai, AK 99611

    Kenai Alaska Construction Expert Witness 10/ 10

    Home Builders Association of Alaska
    Local # 0200
    8301 Schoon St Ste 200
    Anchorage, AK 99518

    Kenai Alaska Construction Expert Witness 10/ 10

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

    Kenai Alaska Construction Expert Witness 10/ 10

    Mat-Su Home Builders Association
    Local # 0230
    Wasilla, AK 99654

    Kenai Alaska Construction Expert Witness 10/ 10

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

    Kenai Alaska Construction Expert Witness 10/ 10

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

    Kenai Alaska Construction Expert Witness 10/ 10

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

    Kenai Alaska Construction Expert Witness 10/ 10

    Construction Expert Witness News and Information
    For Kenai Alaska

    To Bee or Not to Bee - CA Court Finds Denial of Coverage Based on Exclusion was Premature Where Facts had not been Judicially Determined

    Deadlines Count for Construction Defects in Florida

    Philadelphia Court Rejects Expert Methodology for Detecting Asbestos

    Court of Appeals Invalidates Lien under Dormancy Clause

    Janeen Thomas Installed as State Director of WWBA, Receives First Ever President’s Award

    Caveat Emptor (“Buyer Beware!”) Exceptions

    Unpaid Hurricane Maria Insurance Claims, New Laws in Puerto Rico, and the Lesson for all Policyholders

    Tips for Drafting Construction Contracts

    Bad Faith Jury Verdict Upheld After Insurer's Failure to Settle Within Policy Limits

    Insurer's Attempt to Limit Additional Insured Status Fails

    Michigan Claims Engineers’ Errors Prolonged Corrosion

    New York Court Holds That the “Lesser of Two” Doctrine Limits Recoverable Damages in Subrogation Actions

    Alexis Crump Receives 2020 Lawyer Monthly Women in Law Award

    No Coverage for Collapse of Building

    A Landlord’s Guide to the Center for Disease Control’s Eviction Moratorium

    Client Alert: Disclosure of Plaintiff’s Status as Undocumented Alien to Prospective Jury Panel Grounds for Mistrial

    Just When You Thought the Green Building Risk Discussion Was Over. . .

    Insurance Policies and Indemnity Provisions Are Not the Same

    Manhattan Home Prices Top Pre-Crisis Record on Luxury Deals

    Collapse of Breezeway Attached to Building Covered

    Contractor Walks Off Job. What are the Owner’s Damages?

    Study Finds Mansion Tax Reduced Sales in New York and New Jersey

    KB Homes Sues Condo Buyers over Alleged Cybersquatting and Hacking

    Two-Part Series on Condominium Construction Defect Issues

    Europe’s Satellites Could Help Catch the Next Climate Disaster

    99-Year-Old Transmission Tower Seen as Possible Cause of Devastating Calif. Wildfire

    Accounting for Payments on Projects Became Even More Crucial This Year

    Recovery Crews Swing Into Action as Hurricane Michael Departs

    Following California Law, Federal Court Adopts Horizontal Allocation For Asbestos Coverage

    California Bullet Train Clears Federal Environmental Approval

    Biggest U.S. Gas Leak Followed Years of Problems, State Says

    Fraudster Sells 24-Bedroom ‘King’s Speech’ London Mansion

    Let it Shine: California Mandates Rooftop Solar for New Residential Construction

    No Escape: California Court of Appeals Gives a Primary CGL Insurer’s “Other Insurance” Clause Two Thumbs Down

    So a Lawsuit Is on the Horizon…

    WSDOT Excludes Non-Minority Women-Owned DBEs from Participation Goals

    Connecticut Appellate Court Breaks New Ground on Policy Exhaustion

    Statute of Limitations Bars Lender’s Subsequent Action to Quiet Title Against Junior Lienholder Mistakenly Omitted from Initial Judicial Foreclosure Action

    Application of Set-Off When a Defendant Settles in Multiparty Construction Dispute

    Order for Appraisal Affirmed After Insureds Comply with Post-Loss Obligations

    Serving the 558 Notice of Construction Defect Letter in Light of the Statute of Repose

    Claims for Bad Faith and Punitive Damages Survive Insurer's Motion for Summary Judgment

    Texas Supreme Court Rules on Contractual Liability Exclusion in Construction Cases

    Pay Loss Provision Does Not Preclude Assignment of Post-Loss Claim

    Exculpatory Provisions in Business Contracts

    Construction Defect Litigation in Nevada Called "Out of Control"

    2011 West Coast Casualty Construction Defect Seminar – Recap

    Waiver of Consequential Damages: The Most Important Provision in a Construction Contract

    Attorneys' Fees Awarded as Part of "Damages Because of Property Damage"

    Hunton Insurance Partner Among Top 250 Women in Litigation
    Corporate Profile


    Leveraging from more than 7,000 construction defect and claims related expert witness designations, the Kenai, Alaska Construction Expert Witness Group provides a wide range of trial support and consulting services to Kenai's most acknowledged construction practice groups, CGL carriers, builders, owners, and public agencies. Drawing from a diverse pool of construction and design professionals, BHA is able to simultaneously analyze complex claims from the perspective of design, engineering, cost, or standard of care.

    Construction Expert Witness News & Info
    Kenai, Alaska

    A Court-Side Seat: Clean Air, Clean Water, Endangered Species and Deliberative Process Privilege

    April 19, 2021 —
    The federal courts have issued some significant environmental law rulings in the past few days. THE U.S. SUPREME COURT U.S. Fish and Wildlife Service v. Sierra Club, Inc. On March 4, 2021, the court held that the deliberative process privilege of the Freedom of Information Act shields from disclosure in-house draft governmental biological opinions that are both “predecisional” and deliberative. According to the court, these opinions, opining on the Endangered Species Act (ESA) effects on aquatic species of a proposed federal rule affecting cooling water intake structures—which was promulgated in 2019—are exempt from disclosure because they do not reflect a “final” agency opinion. Indeed, these ESA-required opinions reflect a preliminary view, and the Services did not treat them as being the final or last word on the project’s desirability. The Sierra Club, invoking the FOIA, sought many records generated by the rulemaking proceeding, and received thousands of pages. However, the Service declined to release the draft biological opinions that were created in connection with the ESA consultative process. Read the court decision
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    Reprinted courtesy of Anthony B. Cavender, Pillsbury
    Mr. Cavender may be contacted at

    Angela Cooner Receives Prestigious ASA State Advocate Award

    April 12, 2021 —
    Phoenix Partner Angela L. Cooner recently received the American Subcontractors Association, Inc. (ASA) 2020 State Advocate award during ASA’s Virtual Awards Presentation, which took place on February 25. ASA selected Ms. Cooner as the recipient of this honor based upon the significant time that she spent and value she added to subcontractor advocacy in Arizona over the last year. In nominating Ms. Cooner for this award, ASA of Arizona stated, “Angie’s dedication and track record are second to none. However, it is her leadership in managing the recent merger between the Arizona State Contractors’ Coalition (AZSCC) and Arizonans for Fair Contracting (AFC) where she has distinguished herself most notably.” Moreover, ASA explained that Ms. Cooner’s dedication “has allowed ASA of Arizona to renegotiate a new contract with a government affairs firm that helped secure victory on a critical proportional liability bill and begin the upcoming legislative session on the right foot.” According to ASA, Ms. Cooner has donated the equivalent of $120,000 in billable hours to the organization through her work for AFC and as legal counsel for ASA of Arizona’s Board of Directors. Read the court decision
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    Reprinted courtesy of Angela Cooner, Lewis Brisbois
    Ms. Cooner may be contacted at

    Update Regarding New York City’s Climate Mobilization Act (CMA) and the Reduction of Carbon Emissions in New York City

    July 05, 2021 —
    In a previous post, we described how the New York City Climate Mobilization Act, 2019 (the CMA, or Local Laws 92, 94, 95, 96, 97, and 147 enacted in 2019) was passed with the goal of reducing New York City’s carbon emissions by 40 percent by 2030 and by 80 percent by 2050 (as against a 2005 baseline as provided for in item 3 of Local Law 97). It is the most ambitious building emissions law to be enacted by any city in the world. The CMA impacts “Covered Buildings” (described below) and, besides contemplating the retrofitting of Covered Buildings to achieve energy efficiency and establishing a monitoring program for Covered Buildings, the CMA contemplates compliance by means of the purchase of carbon offset credits or renewable energy. (Note the new NYC Accelerator program, launched in 2012 by the Mayor’s Office of Sustainability, provides guidance regarding energy-efficient upgrades to properties and emission reductions.) Pursuant to the CMA:
    • Beginning in 2024, Covered Buildings will have to meet the first emission targets, which are calculated by multiplying the gross floor area of each Covered Building by the occupancy classification as set forth in Local Law 97; and
    • In 2025, owners of Covered Buildings will need to establish compliance by submitting a report establishing such compliance (prepared by a certified design professional) to the newly created Office of Building Energy and Emissions Performance.
    Read the court decision
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    Reprinted courtesy of Caroline A. Harcourt, Pillsbury
    Ms. Harcourt may be contacted at

    Supreme Court Declines to Address CDC Eviction Moratorium

    August 04, 2021 —
    In a closely watched 5-4 decision, the U.S. Supreme Court sided against the challengers to the eviction moratorium issued by the Centers for Disease Control and Prevention (CDC), keeping a stay in place that leaves the eviction ban in effect through July 31. The CDC has indicated it will not renew the eviction moratorium when it expires at the end of the month. The CDC’s eviction moratorium was first adopted at the expiration of the CARES Act’s limited eviction protection for federally funded rental properties. The more broadly applicable order, extended under both the Trump and Biden administrations, prohibited landlords from evicting tenants unable to pay due to the financial impacts of the COVID-19 pandemic, when the tenant confirmed in writing that they had done their best to make any partial payment, were at risk of becoming homeless or having to move into unsafe group housing, and earn below a set income limit. The CDC extended the order most recently on June 24. In announcing that one-month extension, CDC director Dr. Rochelle Walensky indicated that it would be the order’s final extension. Reprinted courtesy of Zachary Kessler, Pillsbury, Amanda G. Halter, Pillsbury and Adam Weaver, Pillsbury Mr. Kessler may be contacted at Ms. Halter may be contacted at Mr. Weaver may be contacted at Read the court decision
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    Reprinted courtesy of

    Hydrogen Powers Its Way from Proof of Concept to Reality in Real Estate

    May 10, 2021 —
    Hydrogen is the new buzzword in every industry, and real estate is no exception. Hydrogen does not emit carbon dioxide when burnt and could therefore help reduce the climate impact of buildings, which in aggregate represent one of the biggest emitters of greenhouse gases after industry and surface transport. To the extent that hydrogen is to become an important power source globally, it will need to enter the domestic power market. The first step appears to be the development of pilot villages. In the UK, there are several hydrogen trials in uninhabited properties or in closed private networks. There are some uninhabited houses on a Royal Air Force base in Cumbria that are exclusively heated with hydrogen and also a private gas network at Keele University which uses 20 percent hydrogen blended with natural gas. In addition, there is a small village near Newcastle that is being used as a test case: for a period of 10 months starting in spring 2021, up to 20 percent hydrogen will be blended into the natural gas network so that more than 650 homes can be partially heated by hydrogen. It is expected that a small number of additional villages will be able to heat their homes with 100 percent hydrogen as soon as 2022, with a scale up to have a hydrogen town by 2030. Reprinted courtesy of Victoria Judd, Pillsbury, Sidney L. Fowler, Pillsbury and Robert G. Howard, Pillsbury Ms. Judd may be contacted at Mr. Fowler may be contacted at Mr. Howard may be contacted at Read the court decision
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    Reprinted courtesy of

    Court Dismisses Coverage Action In Lieu of Pending State Case

    July 25, 2021 —
    The insurer's coverage action was dismissed by the federal court in favor of the pending case in state court. Southern-Owners Ins. Co. v Marquez, 2021 U.S. Dist. LEXIS 108125 (S.D. Fla. May 4, 2021). The underlying lawsuit was filed because of of an incident involving a golf cart on a sidewalk owned by the AOAO. The Marquezes owned the golf cart that injured the Murphy's child. Southern-Owners issued a CGL policy to the AOAO. The Marquezes submitted a claim to Souther-Owners for coverage in the underlying lawsuit as additional insureds under the policy. Southern-Owners defended the AOAO and the Marquezes in the underlying lawsuit pursuant to a reservation of rights. The underlying complaint alleged that the Marquezes negligently permitted their daughter to operate the golf cart on the AOAO's pedestrian walkway. Further, the AOAO negligently failed to reasonably maintain the premises. 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

    A Court-Side Seat: Permit Shields, Hurricane Harvey and the Decriminalization of “Incidental Taking”

    May 31, 2021 —
    This is a brief review of some of the significant environmental (and administrative law decisions) released the past few weeks. THE U.S. SUPREME COURT On April 22, 2021, the Court decided two important administrative law cases: Carr, et al. v. Saul and AMG Capital Management v. Federal Trade Commission. Carr, et al. v. Saul In this case, the constitutionality of Social Security Administrative Law Judges (ALJs) hearing disability claims disputes was at issue. More precisely, were these ALJs selected in conformance with the Appointments Clause of the Constitution? A similar issue was litigated in the case of Lucia v. Securities and Exchange Commission. There, the Court held that many of the agency’s ALJs were not selected in conformance with the Appointment’s Clause. Here, the Court held that this issue could be decided by the courts without compelling the litigants to first exhaust their administrative remedies. Thousands of ALJs are employed by the federal government, and it may take some time to resolve this question for every agency. AMG Capital Management v. Federal Trade Commission In this case, the court held, unanimously, that the Commission does not presently have the authority to employ such equitable remedies as restitution or disgorgement. Read the court decision
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    Reprinted courtesy of Anthony B. Cavender, Pillsbury
    Mr. Cavender may be contacted at

    Structure of Champlain Towers North Appears Healthy

    August 04, 2021 —
    There is good news for the residents of the occupied Champlain Towers North, the 12-story residential condominium in Surfside, Fla., located a short distance up Collins Avenue from its near-twin Champlain Towers South, which failed unexpectedly June 24. The unstable remaining wing of the Champlain Towers South concrete structure was imploded July 4, after the partial progressive collapse that killed at least 94 people and left another 22 still missing. Reprinted courtesy of Nadine M. Post, Engineering News-Record Ms. Post may be contacted at Read the full story... Read the court decision
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    Reprinted courtesy of