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    Madrid, Alabama

    Alabama Builders Right To Repair Current Law Summary:

    Current Law Summary: Although there is case law precedent for right to repair, Title 6 Article 13A states action must be commenced within 2 years after cause and not more than 13 years after completion of construction.


    Construction Expert Witness Contractors Licensing
    Guidelines Madrid Alabama

    Commercial and Residential Contractors License Required.


    Construction Expert Witness Contractors Building Industry
    Association Directory
    Tallapoosa Co Home Builders Association
    Local # 0186
    714 Commerce Drive
    Alexander City, AL 35010
    Madrid Alabama Construction Expert Witness 10/ 10

    Home Builders Association of Tuscaloosa
    Local # 0188
    2009 Paul W Bryant Dr
    Tuscaloosa, AL 35401

    Madrid Alabama Construction Expert Witness 10/ 10

    Chilton County Home Builders Association
    Local # 0117
    209 Parliament Parkway
    Maylene, AL 35114
    Madrid Alabama Construction Expert Witness 10/ 10

    Lee Co Home Builders Association
    Local # 0136
    528 Lafayette Pl
    Auburn, AL 36830
    Madrid Alabama Construction Expert Witness 10/ 10

    Home Builders Association of Phenix City
    Local # 0172
    1808 Opelika Road
    Phenix City, AL 36867
    Madrid Alabama Construction Expert Witness 10/ 10

    Associated Home Builders of Greater Birmingham
    Local # 0116
    5000 Grantswood Road Ste 240
    Irondale, AL 35210

    Madrid Alabama Construction Expert Witness 10/ 10

    Greater Montgomery Home Builders Association
    Local # 0164
    6336 Woodmere Blvd
    Montgomery, AL 36117

    Madrid Alabama Construction Expert Witness 10/ 10


    Construction Expert Witness News and Information
    For Madrid Alabama


    Cuomo Proposes $1.7 Billion Property-Tax Break for New York

    Brad Pitt’s Foundation Sues New Orleans Architect for Construction Defects

    Which Cities have the Most Affordable Homes?

    Constructive Change Directives / Directed Changes

    New Washington Law Nixes Unfair Indemnification in Construction Contracts

    Second Circuit Certifies Question Impacting "Bellefonte Rule"

    Seller Cannot Compel Arbitration for Its Role in Construction Defect Case<

    Are COVID-19 Claims Covered by Builders Risk Insurance Policies?

    Partner Jonathan R. Harwood Obtained Summary Judgment in a Case Involving a Wedding Guest Injured in a Fall

    Illinois Attorney General Warns of Home Repair Scams

    West Coast Casualty Construction Defect Seminar Announced for 2014

    Common Law Indemnity Claim Affirmed on Justifiable Beliefs

    How a Robot-Built Habitat on Mars Could Change Construction on Earth

    Sick Leave, Paid Time Off, and the Families First Coronavirus Response Act

    California insured’s duty to cooperate and insurer’s right to select defense counsel

    Court Rules in Favor of Treasure Island Developers in Environmental Case

    Construction Defects Lead to Demolition of Seattle’s 25-story McGuire Apartments Building

    Tishman Construction Admits Cheating Trade Center Clients

    Seventh Circuit Confirms Additional Insured's Coverage for Alleged Construction Defects

    Illinois Appellate Court Affirms Duty to Defend Construction Defect Case

    California Builders’ Right To Repair Is Alive

    South Carolina Supreme Court Asked Whether Attorney-Client Privilege Waived When Insurer Denies Bad Faith

    Port Authority Approves Subsidies for 2 World Trade Project

    Alabama Supreme Court Reverses Determination of Coverage for Faulty Workmanship

    Obama Says Keystone Decision May Be Announced in Weeks or Months

    Construction Trust Fund Statutes: Know What’s Required in the State Where Your Project Is Underway

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

    Corvette museum likely to keep part of sinkhole

    Coverage for Construction Defects Barred by Business Risk Exclusions

    Pennsylvania: When Should Pennsylvania’s New Strict Products Liability Law Apply?

    How to Challenge a Project Labor Agreement

    How to Determine the Deadline for Recording a California Mechanics Lien

    Endorsements Preclude Coverage for Alleged Faulty Workmanship

    Litigation Counsel of America Honors Partner Victor Anderson with Peter Perlman Award

    The California Legislature Return the Power Back to the People by Passing the California Consumer Privacy Act of 2018

    Settling with Some, But Not All, of the Defendants in a Construction Defect Case

    Contingent Business Interruption Claim Denied

    San Diego Developer Strikes Out on “Disguised Taking” Claim

    Construction Defect Claim over LAX Runways

    Lower Manhattan Condos Rival Midtown’s Luxury Skyscrapers

    Insurer's Attempt to Limit Additional Insured Status Fails

    The Law Clinic Paves Way to the Digitalization of Built Environment Processes

    New Jersey Appellate Court Reinstates Asbestos Action

    School District Settles Construction Lawsuit with Additional Million

    KB Homes Sues Condo Buyers over Alleged Cybersquatting and Hacking

    Trial Date Discussed for Las Vegas HOA Takeover Case

    Reinventing the Building Envelope – Interview with Gordon A Geddes

    California Supreme Court Finds that When it Comes to Intentional Interference Claims, Public Works Projects are Just Different, Special Even

    BHA Attending the Construction Law Conference in San Antonio, Texas

    Arizona Supreme Court Clarifies Area Variance Standard; Property Owners May Obtain an Area Variance When Special Circumstances Existed at Purchase
    Corporate Profile

    MADRID ALABAMA CONSTRUCTION EXPERT WITNESS
    DIRECTORY AND CAPABILITIES

    The Madrid, Alabama 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
    Madrid, Alabama

    Toll Brothers Surges on May Gain in Deposits for New Homes

    June 01, 2020 —
    Toll Brothers Inc. shares surged after the company posted profit that beat estimates and said deposits on new homes were up in recent weeks, a potential sign of optimism for the luxury housing market. The homebuilder, which focuses on higher-end customers, has struggled during the pandemic. It reported orders for the second quarter that missed estimates and said the key metric had plunged starting March 16, when much of the economy shut down. But investors shrugged off those results, focusing instead on a 13% year-over-year gain this month in deposits, which the company called a “leading indicator of current market demand.” Read the court decision
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    Reprinted courtesy of Prashant Gopal, Bloomberg

    California Courts Call a “Time Out” During COVID-19 –New Emergency Court Rules on Civil Litigation

    May 04, 2020 —
    “We are at this point truly with no guidance in history, law, or precedent. To say that there is no playbook is a gross understatement of the situation.” -Chief Justice and Chair of the California Judicial Council, Tani G. Cantil-Sakauye Seeking to sustain essential court services while balancing weighty considerations, including litigants’ due process rights, access to justice, and stringent health and safety orders, the California Judicial Council has adopted Emergency Rules in response to the ongoing coronavirus pandemic (COVID-19). While many of the Emergency Rules focus on criminal and juvenile dependency matters, this update highlights the Emergency Rules immediately impacting civil litigation in California state courts. The following Emergency Rules remain in effect until 90 days after the Governor lifts the state of emergency or the rule is amended or repealed by the Judicial Council: Tolling of Statutes of Limitation in Civil Actions Effective April 6, 2020, the statutes of limitation (the time period in which to bring a claim) for all civil causes of action is tolled until such time as the rule is no longer in effect. The impact of this rule is that it provides plaintiffs with more time to bring claims and extends the time period that defendants may face legal action for alleged violations of the law. Read the court decision
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    Reprinted courtesy of Tara C. Dudum, Newmeyer Dillion
    Ms. Dudum may be contacted at tara.dudum@ndlf.com

    Federal Arbitration Act Preempts Pennsylvania Payment Act

    June 15, 2020 —
    I am back. It feels like an entirety since I last posted. But a hellacious trial schedule got me off the blogosphere for some time. Plus, there was nothing to write about. But I am back with a bang thanks to a decision from the Eastern District of Pennsylvania concerning the interplay of a forum selection clause appearing in an arbitration clause in a construction contract and the Pennsylvania Contractor and Subcontractor Payment Act. In Bauguess Electrical Services, Inc. v. Hospitality Builders, Inc., the federal court (Judge Joyner) ruled that the federal arbitration act preempted the Payment Act’s prohibition on forum selection clauses and held that an arbitration must proceed in South Dakota even though the construction project were the work was performed was located in Pennsylvania. The Payment Act applies to all commercial construction projects performed in Pennsylvania. As some you might know, Section 514 of the Payment Act, 73 P.S. 514, prohibits choice of law and forum selection clauses. It states “[m]aking a contract subject to the laws of another state or requiring that any litigation, arbitration or other dispute resolution process on the contract occur in another state, shall be unenforceable.” Therefore, if a construction contract is for a project located in Pennsylvania, Pennsylvania law must apply and all disputes must be adjudicated in Pennsylvania. Read the court decision
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    Reprinted courtesy of Wally Zimolong, Zimolong LLC
    Mr. Zimolong may be contacted at wally@zimolonglaw.com

    Loan Modifications Due to COVID-19 Pandemic: FDIC Answers CARES Act FAQs

    May 11, 2020 —
    In support of financial institutions and borrowers during the COVID-19 pandemic, the newly enacted Coronavirus Aid, Relief, and Economic Security Act (CARES Act) includes a number of provisions permitting lenders to suspend, during a covered period, requirements under U.S. Generally Accepted Accounting Principles (GAAP) with respect to categorizing certain loan modifications as a troubled debt restructuring (TDR) due to COVID-19. In light of the CARES Act, the Federal Deposit Insurance Corporation (FDIC) issued a series of answers to FAQs for financial institutions with respect to loan modifications. The FAQs help guide lenders as well as borrowers as they address pending defaults under existing credit facilities. The FAQs encourage financial institutions to work with borrowers who may be unable to meet their payment obligations due to COVID-19 in several ways: Payment Accommodations Short-term accommodations which modify, extend, suspend or defer repayment terms should be intended to facilitate the borrower’s ability to work through the immediate impact of the virus. According to the FAQs, all loan accommodation programs should ultimately be targeted towards repayment. To that end, the FDIC recommends that financial institutions address deferred or skipped payments by either extending the original maturity date or by making those payments due in a balloon payment at the maturity date of the loan. Reprinted courtesy of White and Williams attorneys Nancy Sabol Frantz, Marissa Levy, Timothy E. Davis and Kristen E. Andreoli Ms. Frantz may be contacted at frantzn@whiteandwilliams.com Ms. Levy may be contacted at levymp@whiteandwilliams.com Mr. Davis may be contacted at davist@whiteandwilliams.com Ms. Andreoli may be contacted at andreolik@whiteandwilliams.com Read the court decision
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    It Has Started: Supply-Chain, Warehouse and Retail Workers of Essential Businesses Are Filing Suit

    June 22, 2020 —
    Supply-chain businesses that are appropriately characterized as “essential” have remained open for the delivery of critical supplies while everyone else has been told to close up shop and stay home. Now essential-business employees are contracting COVID-19 and filing suit. Following up on our earlier piece — “Is a Violation of a COVID-19 Order the Basis For Civil Liability?” — it is important to recognize that government directives, oftentimes couched as “recommendations,” can come to define what it means to provide a reasonably safe workplace that protects employees from COVID-19. While common law negligence defenses consider the reasonableness of conduct, these directives will likely become the standard. The cases that have been filed are overwhelmingly premised upon the timeless negligence construct. The negligence construct, simply put, imposes a duty to act as a reasonable person would under the circumstances. Nonetheless, while the negligence construct lives in the ordinary world of “reasonableness,” infection-control guidance lives in the rapidly developing world of the science of COVID-19. Guidance on seemingly basic questions, such as the methods of transmission (e.g., personal contact, mucus membrane only, airborne transmission) or even the virus’s shelf life on different surfaces, of particular interest packaging and material handling equipment, can change by the day. All of this provides challenges for the supply-side business looking to protect its workforce. Reprinted courtesy of White and Williams LLP attorneys James Burger, Robert Devine and Douglas Weck Mr. Burger may be contacted at burgerj@whiteandwilliams.com Mr. Devine may be contacted at deviner@whiteandwilliams.com Mr. Weck may be contacted at weckd@whiteandwilliams.com Read the court decision
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    Online Meetings & Privacy in Today’s WFH Environment

    May 25, 2020 —
    As a result of the COVID-19 (commonly referred to as the Coronavirus) pandemic, remote working arrangements have become the new norm. For those working from home (WFH), the software program “Zoom Meetings,” has found a substantial increase in demand and popularity as a means to facilitate meetings online rather than meeting in person. There are also a number of other similar platforms available for online meetings such as Skype and Teams (from Microsoft), Go to Meeting (from LogMeIn) and WebEx Meetings (Cisco). Best Practices for Businesses - Privacy and Security Protocols With these platforms becoming a necessity for businesses, there are a number of best practices that should be considered to safely conduct online meetings and teleconferences as well as protect information. These include the following:
    1. Upgrade to the most recent version of the program or application;
    2. Use passwords, especially with recurring meetings;
    3. Protect all passwords as well as personal meeting identifiers used in Zoom and other platforms;
    4. Carefully moderate meetings and ask meeting attendees to identify themselves at the beginning of a meeting;
    5. Consider allowing only authenticated users to participate in meetings;
    6. Use the Waiting Rooms feature in Zoom; and
    7. Enable features available only to meeting hosts.
    Reprinted courtesy of Heather Whitehead, Newmeyer Dillion and Joshua Anderson, Newmeyer Dillion Ms. Whitehead may be contacted at heather.whitehead@ndlf.com Mr. Anderson may be contacted at joshua.anderson@ndlf.com Read the court decision
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    Landlords, Brace Yourselves: New Law Now Limits Your Rental Increases & Terminations

    March 02, 2020 —
    California can be an especially expensive place to live. While this is the common wisdom, residents of the state are also painfully aware that location is an equally important factor. Yet, to curb unscrupulous actions in certain areas and expansive rental increases, Governor Gavin Newsom has signed AB-1482, which is a state-wide limitation on yearly rental increases, prompting potential additions to leases, and additional notices that landlords are required to give to tenants. Failure to do so may cost landlords unnecessary costs and unforeseen complications around the termination of a tenancy. How Does the Rental Cap Work? The law sets forth three ways that rental increases may be limited: (1) a cap of 5% plus the percent change in the cost of living; (2) a cap of 10%; or (3) where local rent or price control that restricts annual increases in the rental rate to an amount less than the state law. The cap that applies is the one that is the most restrictive on the landlord. For example, if the cost of living has gone up by 6%, and there is a local law that restricts rental increases by 15%, then the state law would cap the landlord to a rental increase of 10%. Notably, this doesn't count any discounts or incentives that are applied to the rent, if they are (a) listed separately and (b) clearly stated within the residential lease agreement. Thus, even if the effective increase would be beyond the applicable cap, the landlord is not obligated to cap rent using the discounted rental fees. Finally, this does not prohibit the landlord from freely setting a rent for new tenants. The cap only applies to existing tenants. Exempt Properties from the Law Certain properties are also exempt from the rental cap law, allowing landlords to increase rents without limitation for the residential properties below:
    • Housing restricted by deed for purposes of affordable housing.
    • New housing with a certificate of occupancy that has been granted within the previous 15 years.
    • Condominiums or townhouses provided that the owner is not (a) a real estate investment trust; (b) a corporation, or (c) a limited liability trust.
    • A duplex in which one of the units is owner-occupied as the owner's primary residence.
    'Just Cause' for Terminations Is a Necessity Notably, AB-1482 is not limited to rent restrictions. AB-1482 also restricts the ability of a landlord to evict tenants after the tenant has been occupying the property for over 12 months without just cause. Just cause includes items typical to an ordinary eviction action, such as a failure to pay rent or a default of a material term of the lease, or nuisance actions. Importantly, the legislature provided "no-fault just cause" such as the intent to occupy the real property by the owner or one of their family members, withdrawal of the property from the rental market, compliance with a government agency or an intent to substantially remodel the property. In the event that the just cause is "no-fault," then the owner must either (a) assist the tenant in relocating by providing a direct payment of a full month's rent to the tenant within 15 calendar days of the notice; or (b) waive the payment of the last month's rent. Effectively, this puts a cost on the landlord to terminate a tenancy. Importantly, an owner's failure to do either of those actions will render the termination of tenancy void, and cannot be contractually waived. This does not apply to any of the housing types exempt under the rental cap provision, or (a) transient and tourist hotel occupancy; (b) housing accommodations in a nonprofit hospital, religious facility, extended care facility, licensed residential care facility for the elderly, or in an adult residential facility; (c) housing accommodations in which the tenant shares bathroom or kitchen facilities with the owner; (d) single-family owner-occupied residences where the owner leases no more than two units or bedrooms; or (e) student housing for kindergartens or grades 1 to 12. Notwithstanding, landlords must also provide additional language within their lease giving notice of the rental cap law and the tenant's rights regarding termination. This language is stated within the law, and must be given in 12 point font. What Landlords Must Do Right Now Ultimately, landlords will have to show more care towards termination processes and rental increases moving forward. At a bare minimum, landlords will have to revise their form leases for new tenants and prepare addendums for any tenancies continuing in 2020. While the bare minimum is the new, state-mandated language to inform tenants of their rights, other language may be required if the landlord wishes to reserve a right to terminate in order to take occupancy for themselves. Furthermore, for any leases going forward, any landlord that wants to provide a temporary discount or incentive to rent their units will have to include language outlining and specifically stating the presence of the discount or incentive, or chance that a tenant may contest the increase in rent as a violation of the rental cap portion of the law. Similarly, the changes above will have to be implemented as an addendum to any leases being renewed. A failure to do any of these actions risks that a tenant may contest either the termination for being improper or an increase in rent, as an excessive rent hike. Kyle Janecek is an associate on the firm's Transactional team, and has experience with drafting leases for landlords and tenants, real estate purchase and sale agreements, and loans secured by real estate. For more information on how Kyle can help, contact him at kyle.janecek@ndlf.com. About Newmeyer Dillion For 35 years, Newmeyer Dillion has delivered creative and outstanding legal solutions and trial results that achieve client objectives in diverse industries. With over 70 attorneys working as a cohesive team to represent clients in all aspects of business, employment, real estate, environmental/land use, privacy & data security and insurance law, Newmeyer Dillion delivers holistic and integrated legal services tailored to propel each client's success and bottom line. 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 Nevada, and have been given Martindale-Hubbell Peer Review's AV Preeminent® highest rating. For additional information, call 949.854.7000 or visit www.newmeyerdillion.com. Read the court decision
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    Is a Violation of a COVID-19 Order the Basis For Civil Liability?

    April 20, 2020 —
    Thinking about ignoring your state or local COVID-19 shutdown orders? Think again. Social-distance measures may create a new source of liability for businesses operating during the COVID-19 pandemic. Infection-based litigation is normally limited to businesses operating in the healthcare sector. But, social-distancing measures to stop the spread of infection may expand that litigation to other sectors. State and local governments across the country are taking extraordinary measures to combat the spread of COVID-19, a novel coronavirus that can cause life-threatening respiratory illness. Those measures encourage and even mandate “social distance” between people to limit physical transmission of the virus. Hard-hit states like New York, New Jersey, Pennsylvania and California have been aggressive in their responses, shuttering businesses, confining people to their homes, and requiring people to stay six feet apart. Common mandates include: quarantines, business and school closures, stay-home orders, curfews, travel restrictions, occupancy limits and physical-distance mandates, among other things. Reprinted courtesy of White and Williams attorneys Robert Devine, James Burger and Douglas Weck Mr. Devine may be contacted at deviner@whiteandwilliams.com Mr. Burger may be contacted at burgerj@whiteandwilliams.com Mr. Weck may be contacted at weckd@whiteandwilliams.com Read the court decision
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