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    Construction Expert Witness Builders Information
    Port Heiden, 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 Port Heiden Alaska

    Commercial and Residential Contractors License Required

    Construction Expert Witness Contractors Building Industry
    Association Directory
    Northern Southeast Alaska Building Industry Association
    Local # 0225
    9085 Glacier Highway Ste 202
    Juneau, AK 99801

    Port Heiden Alaska Construction Expert Witness 10/ 10

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

    Port Heiden Alaska Construction Expert Witness 10/ 10

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

    Port Heiden Alaska Construction Expert Witness 10/ 10

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

    Port Heiden Alaska Construction Expert Witness 10/ 10

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

    Port Heiden Alaska Construction Expert Witness 10/ 10

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

    Port Heiden Alaska Construction Expert Witness 10/ 10

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

    Port Heiden Alaska Construction Expert Witness 10/ 10

    Construction Expert Witness News and Information
    For Port Heiden Alaska

    New Jersey Rules that Forensic Lab Analysts Can’t be Forced to Testify

    White and Williams Defeats Policyholder’s Attempt to Invalidate Asbestos Exclusions

    Resolve to Say “No” This Year

    Ceiling Collapse Attributed to Construction Defect

    DC Metro Extension’s Precast Supplier Banned from Federal Contracts

    General Liability Alert: A Mixed Cause of Action with Protected and Non-Protected Activity Not Subject to Anti-SLAPP Motion

    NY Pay-to-Play Charges Dropped Against LPCiminelli Executive As Another Pleads Guilty

    Ohio: Are Construction Defects Covered in Insurance Policies?

    Insurer Must Pay Portions of Arbitration Award Related to Faulty Workmanship

    Subcontractor Not Estopped from Enforcing Lien Not Listed In Bankruptcy Petition

    A Closer Look at an HOA Board Member’s Duty to Homeowners

    Former Owner Not Liable for Defects Discovered After Sale

    Topic 606: A Retrospective Review of Revenue from Contracts with Customers

    MGM Begins Dismantling of the Las Vegas Harmon Tower

    Microsoft Urges the Construction Industry to Deliver Lifecycle Value

    Court of Appeals Finds Arbitration Provision Incorporated by Reference Unenforceable

    Waiver of Subrogation Enforced, Denying Insurers Recovery Against Additional Insured in $500 Million Off-Shore Oil Rig Loss

    Home Buyers Lose as U.S. Bond Rally Skips Mortgage Rates

    The Dangers of an Unlicensed Contractor from Every Angle

    My Top 5 Innovations for Greater Efficiency, Sustainability & Quality

    A Court-Side Seat: SCOTUS Clarifies Alien Tort Statute and WOTUS Is Revisited

    Pulte Home Corp. v. CBR Electric, Inc.

    So, You Have a Judgment Against a California Contractor or Subcontractor. What Next? How Can I Enforce Payment?

    Rachel Reynolds Selected as Prime Member of ADTA

    CFTC Establishes Climate-Risk Unit, Echoing Other Biden Administration Agency Themes

    Intentional Mining Neighbor's Property is Not an Occurrence

    “Rip and Tear” Damage Remains Covered Under CGL Policy as “Accident”—for Now.

    Designers “Airpocalyspe” Creations

    Texas Court of Appeals Conditionally Grant Petition for Writ of Mandamus to Anderson

    Scaffolding Collapse Kills Workers at China Construction Site

    BHA at The Basic Course in Texas Construction Law

    Production of Pre-Denial Claim File Compelled

    Heathrow Speeds New-Runway Spending Before Construction Approval

    Repair of Fractured Girders Complete at Shuttered Salesforce Transit Center

    Schools Remain Top Priority in Carolinas as Cleanup From Storms Continues

    The Cheapest Place to Buy a House in the Hamptons

    Loan Snarl Punishes Spain Builder Backed by Soros, Gates

    Shea Homes CEO Receives Hearthstone Builder Humanitarian Award

    Federal Court Asks South Dakota Supreme Court to Decide Whether Injunction Costs Are “Damages,” Adopts Restatement’s Position on Providing “Inadequate” Defense

    Additional Insured Not Entitled to Coverage for Post-Completion Defects

    Insurance Measures Passed by 2015 Hawaii Legislature

    Homeowner’s Claims Defeated Because “Gravamen” of Complaint was Fraud, not Breach of Contract

    When is Construction Put to Its “Intended Use”?

    How You Plead Allegations to Trigger Liability Insurer’s Duties Is Critical

    General Contractor Cited for Safety Violations after Worker Fatality

    Defining Constructive Acceleration

    Construction Defects Lead to Demolition

    Fifth Circuit Decision on Number of Occurrences Underscores Need to Carefully Tailor Your Insurance Program

    BWB&O Expands to North San Diego

    Insurer's Motion for Summary Judgment in Collapse Case Denied
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    The Port Heiden, Alaska 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 Port Heiden's 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
    Port Heiden, Alaska

    South Caroline Holds Actual Cash Value Can Include Depreciation of Labor Costs

    July 05, 2021 —
    Answering a certified question, the South Carolina Supreme Court held that the insurer could calculate actual cash value (ACV) by including an estimate of the depreciation of embedded labor costs. Butler v. Travelers Home & Marine Ins. Co., 2021 S. C. LEXIS 51 (S.C. May 12, 2021). Two insureds had their homes damaged in separate fires. Each held homeowners' policies with Travelers. The policies provided replacement cost value coverage to repair or replace damaged portions of homes. In the event that the insures chose not to immediately repair or replace the damaged home, the policies afforded payment to the insured for the actual cash value instead of replacement cost value. Both insured elected not to immediately repair or replace their homes, thereby deciding to accept a cash payment for the ACV of the damaged property. Neither was satisfied with the payment and both filed suit in federal district court. Travelers determined the ACV payment by estimating the replacement cost value (RCV) of the damage and then subtracting depreciation. The certified question presented by the federal district court was whether Travelers could depreciate the labor component of the costs of repair or replacement when determining the ACV. Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at

    GA Federal Court Holds That Jury, Not Judge, Generally Must Decide Whether Notice Was Given “As Soon as Practicable” Under First-Party Property Damage Policies

    November 01, 2021 —
    Insurance policies covering first-party property damage often require insureds to notify insurers of a loss “as soon as practicable.” Where an insured may or may not have given notice “as soon as practicable,” the issue arises as to who should determine whether the insured complied with this requirement: the judge or the jury? On October 6, 2021, the United States District Court for the Middle District of Georgia addressed this issue in Vintage Hospitality Group LLC v. National Trust Insurance Company, Case No. 3:20-cv-90-CDL, 2021 U.S. Dist. LEXIS 192651 (M.D. Ga. Oct. 6, 2021). In Vintage Hospitality, a July 2018 hailstorm damaged the roof of a hotel owned by the policyholder. The policyholder did not discover leaks from the hotel roof until two months later, in September 2018. The policyholder, not realizing that the hailstorm had caused the leaks, unsuccessfully attempted to repair the leaks. Eventually, in February 2020—19 months after the hailstorm and 17 months after the policyholder discovered the leaks—the policyholder hired a construction company to evaluate the roof. It was not until then that the policyholder learned that the hotel had sustained hail damage from the July 2018 storm. The policyholder notified its July 2018 first-party property damage insurer a few days later. Reprinted courtesy of Edward M. Koch, White and Williams and Lynndon K. Groff, White and Williams Mr. Koch may be contacted at Mr. Groff may be contacted at Read the full story...

    Identifying and Accessing Coverage in Complex Construction Claims

    September 29, 2021 —
    I. Introduction First-party, third-party, builder’s risk, professional liability, commercial general liability, wrap-ups, and additional insured status are all potential sources of insurance coverage for a large construction loss. Therefore, it is critical for construction industry participants, from owners and developers to general contractors and their subcontractors, to have a functional knowledge of the different types of insurance coverage available to them and how those coverages intersect to respond to a loss. This paper presents a brief overview of the various types of coverage available to contractors, construction managers, and owners in a large construction loss and the risks each coverage is designed to insure. In general, there are two forms of coverage: (1) First-party liability coverage, which protects an insured’s own losses on a project during construction; and (2) Third-party liability coverage, which insures the project participants for losses that become the subject of claims or suits brought against the project participants by third parties. When a loss occurs, such as property damage, both types of coverage can be implicated. For example, if a fire burns down a building under construction, the contractor likely would incur first-party losses such as cleanup costs. The contractor may also have third-party exposure if the owner alleges that the contractor was responsible for the fire. On the other hand, when a bodily injury occurs, all losses to the contractor will be third-party losses. A broad overview of each of these policies is provided below. Reprinted courtesy of Jeffrey J. Vita, Saxe Doernberger & Vita and Michael V. Pepe, Saxe Doernberger & Vita Mr. Vita may be contacted at Mr. Pepe may be contacted at Read the full story...

    Judge Sentences Roofing Contractor Owner in Florida PPP Fraud Case

    July 25, 2021 —
    A federal judge in Fort Myers, Fla., sentenced Casey David Crowther, 35, the owner of a successful Florida roofing contracting company, to 37 months in prison for using fictitious employee lists to obtain a $2.7-million federal pandemic-aid loan and then purchasing a $689,000 boat with the funds. Reprinted courtesy of Richard Korman, Engineering News-Record Mr. Korman may be contacted at Read the full story...

    So You Want to Arbitrate? Better Make Sure Your Contract Covers All Bases

    August 16, 2021 —
    As a General Contractor, you may prefer to arbitrate any contractual disputes rather than engage in protracted litigation. Many Courts favor arbitration clauses and will enforce them if there is a sufficient reason to do so. However, there are several issues that a General Contractor should consider when including an arbitration clause in its construction agreement with its client. When an arbitration clause is not properly crafted, questions can arise as to who must arbitrate? Who decides whether to arbitrate? Who selects the arbitrator? What will the subject matter of the arbitration be? A look at a recent case in Pennsylvania highlights the need for properly crafted arbitration clauses. A Recent Case Highlights The Importance Of Arbitration Clauses In TEC Construction, LLC v. Greg Rich and Lora Rich filed in the Court of Common Pleas, Allegheny County, Pennsylvania, TEC Construction, LLC (“TEC”) and Greg and Lora Rich (the “Riches”), entered into a Construction Agreement with an arbitration clause. Specifically, the parties to the Construction Agreement, TEC and the Riches, agreed to arbitrate any disputes with the American Arbitration Association. Five subcontractors completed the work under the Construction Agreement but none of the subcontractors agreed to arbitrate. Read the full story...
    Reprinted courtesy of Stephanie Nolan Deviney, Fox Rothschild LLP (ConsensusDocs)
    Ms. Deviney may be contacted at

    Personal Thoughts on Construction Mediation

    September 20, 2021 —
    Construction Mediation WorksAs I left a mediation last week at 8:30 at night, I realized something that I knew all along. Mediation works. Why does mediation work? For several reasons that I can think of. The first, and likely most important is that lawyers are expensive. In most construction cases, we charge by the hour and those hours build up, especially close to a trial date. A mediated settlement can avoid this sharp uptick in attorney fees that always occurs in the last month before trial. Therefore the earlier the better. The second is the flexibility to make a business decision. Commercial contractors and subcontractors are in a business, and they should be making business decisions. While one such decision can be to go to litigation; litigation is not always the best solution from a financial, or stress perspective. Construction professionals, with the assistance of construction attorneys, can come up with a creative way to deal with a problem and solve it. Read the full story...
    Reprinted courtesy of The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at

    Traub Lieberman Team Obtains Summary Judgment in Favor of Client Under Florida’s Newly Implemented Summary Judgment Standard

    August 23, 2021 —
    On July 27, 2021, the Circuit Court of the Ninth Judicial Circuit in and for Osceola County, Florida granted summary judgment in favor of a client insurer defended by Traub Lieberman Partner Heather M. Fleming and Associate Gregory H. Lercher in connection with a first party property lawsuit arising from Hurricane Irma that involved multiple, comingled claims, in part resolved via prior appraisal. As of May 1, 2021, Florida state courts have applied a new summary judgment standard after Florida’s longstanding rule was amended by the Supreme Court of Florida. The amendment aligns Florida’s standard with that of the federal courts and the supermajority of states that have already adopted the federal summary judgment standard codified in Rule 56 of Federal Rules of Civil Procedure. The Supreme Court of Florida’s stated goal in adopting the new standard across the Sunshine State was to improve the fairness and efficiency of Florida's civil justice system, to relieve parties from the expense and burdens of meritless litigation, and to save the work of juries for cases where there are real factual disputes that need resolution. Reprinted courtesy of Heather Fleming, Traub Lieberman and Gregory H. Lercher, Traub Lieberman Ms. Fleming may be contacted at Mr. Lercher may be contacted at Read the full story...

    NYT Points to Foreign Minister and Carlos Slim for Collapse of Mexico City Metro

    July 11, 2021 —
    The collapse last month of a section of a Mexico City metro line that killed 26 people was likely due to poor construction by Mexican tycoon Carlos Slim’s Grupo Carso while foreign minister Marcelo Ebrard was mayor, according to a New York Times investigation. Problems were identified in the original construction by Slim’s company Carso Infrastructure and Construction, and the collapse was probably caused by bad welding of the steel studs that served as linchpins of the structure, the report revealed. The job may have been rushed because Ebrard sought to open the subway before his mayoral term ended in 2012, the Times said. Read the full story...
    Reprinted courtesy of Amy Stillman, Bloomberg