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    Ashburn, Virginia

    Virginia Builders Right To Repair Current Law Summary:

    Current Law Summary: (HB558; H 150; §55-70.1) Warranty extension applicable to single-family but not HOAs: in addition to any other express or implied warranties; It requires registered or certified mail notice to "vendor" stating nature of claim; reasonable time not to exceed six months to "cure the defect".

    Building Consultant Contractors Licensing
    Guidelines Ashburn Virginia

    A contractor's license is required for all trades. Separate boards license plumbing, electrical, HVAC, gas fitting, and asbestos trades.

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    Association Directory
    Northern Virginia Building Industry Association
    Local # 4840
    3901 Centerview Dr Suite E
    Chantilly, VA 20151

    Ashburn Virginia Building Consultant 10/ 10

    The Top of Virginia Builders Association
    Local # 4883
    1182 Martinsburg Pike
    Winchester, VA 22603

    Ashburn Virginia Building Consultant 10/ 10

    Shenandoah Valley Builders Association
    Local # 4848
    PO Box 1286
    Harrisonburg, VA 22803

    Ashburn Virginia Building Consultant 10/ 10

    Piedmont Virginia Building Industry Association
    Local # 4890
    PO Box 897
    Culpeper, VA 22701

    Ashburn Virginia Building Consultant 10/ 10

    Fredericksburg Area Builders Association
    Local # 4830
    3006 Lafayette Blvd
    Fredericksburg, VA 22408

    Ashburn Virginia Building Consultant 10/ 10

    Augusta Home Builders Association Inc
    Local # 4804
    PO Box 36
    Waynesboro, VA 22980

    Ashburn Virginia Building Consultant 10/ 10

    Blue Ridge Home Builders Association
    Local # 4809
    PO Box 7743
    Charlottesville, VA 22906

    Ashburn Virginia Building Consultant 10/ 10

    Building Consultant News and Information
    For Ashburn Virginia

    City Covered From Lawsuits Filed After Hurricane-Damaged Dwellings Demolished

    Sept. 11 Victims Rejected by U.S. High Court on Lawsuit

    Quick Note: Insurer Must Comply with Florida’s Claims Administration Act

    Town Concerned Over Sinkhole at Condo Complex

    Duty to Defend Bodily Injury Evolving Over Many Policy Periods Prorated in Louisiana

    No Coverage For Damage Caused by Chinese Drywall

    Liability Coverage for Claims of Publishing Secret Data Does Not Require Access by Others

    Google’s Floating Mystery Boxes Solved?

    Survey: Workers Lack Awareness of Potentially Hazardous Nanomaterials

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

    City of Pawtucket Considering Forensic Investigation of Tower

    Ownership is Not a Conclusive Factor for Ongoing Operations Additional Insured Coverage

    Residential Contractors, Be Sure to Have these Clauses in Your Contracts

    Sometimes It’s Okay to Destroy Evidence

    Miami's Condo Craze Burns Out on Strong Dollar

    Hawaii Federal District Court Denies Brokers' MSJ on Duties Owed In Construction Defect Case

    CSLB Reminds California Public Works Contractors to Renew Their Public Works Registration

    The California Legislature Passes SB 496 Limiting Design Professional Defense and Indemnity Obligations

    North Carolina Soil & Groundwater Case to be Heard by U.S. Supreme Court

    Although Property Damage Arises From An Occurrence, Coverage Barred By Business Risk Exclusions

    London's Walkie Talkie Tower Voted Britain's Worst New Building

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    California Home Sellers Have Duty to Disclose Construction Defect Lawsuits

    Best Lawyers Recognizes Twenty White and Williams Lawyers

    The Registered Agent Advantage


    What is the Effect of an Untimely Challenge to the Timeliness of a Trustee’s Sale?

    Toward Increased Citizen Engagement in Urban Planning

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    Pollution Created by Business Does Not Deprive Insured of Coverage

    Case Alert Update: SDV Case Tabbed as One of New York’s Top Three Cases to Watch

    Four Common Construction Contracts

    FEMA Administrator Slams Failures to Prepare, Evacuate Before Storms

    Should I Pull the Pin? Contractor and Subcontractor Termination for Cause

    Fed. Judge Blocks Release of Records on FIU Bridge Collapse, Citing NTSB Investigation

    New Index Tracking Mortgages for New Homes

    Builders Beware: Smart Homes Under Attack by “Hide ‘N Seek” Botnet

    Boyfriend Pleads Guilty in Las Vegas Construction Defect Scam Suicide

    Despite Health Concerns, Judge Reaffirms Sentence for Disbarred Las Vegas Attorney

    Colorado Senate Bill 13-052: The “Transit-Oriented Development Claims Act of 2013.”

    Indictments Issued in Las Vegas HOA Scam

    Connecticut Grapples With Failing Concrete Foundations

    Almost Half of Homes in New York and D.C. Are Now Losing Value

    Greystone on Remand Denies Insurer's Motion for Summary Judgment To Bar Coverage For Construction Defects

    Steel-Fiber Concrete Link Beams Perform Well in Tests

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    Lessons Learned from Implementing Infrastructure BIM in Helsinki

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    Detroit Craftsmen Sift House Rubble in Quest for Treasured Wood
    Corporate Profile


    The Ashburn, Virginia Building Consultant Group is comprised from a number of credentialed construction professionals possessing extensive trial support experience relevant to construction defect and claims matters. Leveraging from this considerable body of 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.

    Building Consultant News & Info
    Ashburn, Virginia

    Granting of Lodestar Multiplier in Coverage Case Affirmed

    November 14, 2018 —
    The trial court's use of a multiplier in awarding fees to the insured was affirmed by the Florida Court of Appeal. Citizens Prop. Ins. Corp. v. Laguerre, 2018 Fla. App. LEXIS 11794 (Fla. Ct. App. Aug. 22, 2018). Following Hurricane Wilma, the insured made a claim for wind damage to her insurer, Citizens. Citizens investigated the claim and paid $8,400.77. The insured then demanded an appraisal and submitted an appraisal estimate in the amount of $60,256.79. There was no response to the appraisal demand. Read the court decision
    Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at

    Blue-Sky Floods Take a Rising Toll for Businesses

    March 04, 2019 —
    When American colonists planned downtown Annapolis, Maryland in 1695, they wanted easy access to the sea. Almost 325 years later, the sea is now closer than ever. It’s so close, in fact, that 16 small businesses lost roughly 2 percent of their revenue in 2017. In a first-of-its-kind study, Stanford University and Naval Academy researchers looked at the effect of sea-level rise on a single city-block. Specifically, they examined sunny-day floods—inundation that occurs when infrastructure built for lower waters is no longer sufficient to keep back the highest tides—at a central parking lot at City Dock. As sea levels rise, these “nuisance floods” are becoming more common. From the 1950s to the early 2000s, the days of flooding in the 27 most vulnerable cities across the U.S. grew from two per year to nearly 12. Read the court decision
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    Reprinted courtesy of Eric Roston, Bloomberg

    Uniwest Rides Again (or, Are Architects Subject to Va. Code Section 11-4.1?)

    October 16, 2018 —
    In 2010, the Virginia Supreme Court held in Uniwest Const., Inc. v. Amtech Elevator Servs., Inc., that Va. Code Sec. 11-4.1 renders completely void and unenforceable any indemnification provision in a construction contract between a contractor and subcontractor that seeks to indemnify the indemnified party from its own negligent acts. In short, the Virginia Supreme Court stated that such overly broad provisions violate Section 11-4.1. A recent case out of the Eastern District of Virginia Federal District Court examined a provision in a contract between a designer/architect and a contractor or owner on a project. In Travelers Indem. Co. of Conn. v. Lessard Design Inc. the Court examined the application of Section 11-4.1 to the following provision of a design contract where Lessard, the indemnitor, agreed to:
    [i]ndemnify, defend and hold the Owner, Owner’s Developer, and Owner’s and Owner’s Developer’s wholly owned affiliates and the agents, employees and officers of any of them harmless from and against any and all losses, liabilities, expenses, claims, fines and penalties, costs and expenses, including, but not limited to reasonable attorneys’ fees and court costs relating to the services performed by the Architect hereunder . . .
    Read the court decision
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    Reprinted courtesy of Christopher G. Hill, The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at

    Doing Construction Lead Programs the Right Way

    October 16, 2018 —
    Running a construction business takes hard work. When you are working on a job, it can be difficult to find time to spend on marketing and advertising. If you are short on time, buying leads through construction lead programs could be a good way to meet new customers, grow your business, and find your next job. Keep reading to learn more about some of the pros and cons of buying leads. A construction lead generation service exists solely to connect home owners with local home improvement contractors. They market across different construction specialties and reach customers who are looking for construction companies. Once they capture the ‘lead’, which is essentially the contact information and a few project details of that potential customer, they sell the lead to one or more local contractors in their network. Read the court decision
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    Reprinted courtesy of Natalie Craigmile, Construction Informer

    Class Actions Under California’s Right to Repair Act. Nope. Well . . . Nope.

    January 15, 2019 —
    It’s the holidays. A time when family and friends, and even neighbors, gather together. And nothing brings neighbors closer together than class action residential construction defect litigation. In Kohler Co. v. Superior Court, Case No. B288935 (November 14, 2018), the Second District Court of Appeal addressed whether neighbors can bring class action lawsuits under the Right to Repair Act. For those who are regular readers of the California Construction Law Blog you’re familiar with the Right to Repair Act codified at Civil Code sections 895 et seq. Read the court decision
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    Reprinted courtesy of Garret Murai, Wendel Rosen
    Mr. Murai may be contacted at

    Joint Venture Dispute Over Profits

    January 28, 2019 —
    A recent Georgia Court of Appeals case demonstrates the risk of joint ventures failing to carefully define accounting rules in their joint venture agreement. Two trade contractors teamed up to accomplish certain tasks on a job at a wastewater lift station at Fort Gordon. A joint venture agreement provided for an equal split of the profits and losses. Unfortunately, the parties did not define “profit,” and particularly did not define what cost would be deducted in calculating profit. They disputed in particular whether certain large payments to individuals and 15% overhead charges should be deducted in calculating profits. One party presented the expert testimony of an accountant while the other did not. The party presenting expert testimony asked the court to dismiss the other party’s claim because it was not supported by expert testimony of an accountant. The trial court granted the motion and dismissed the claim. Read the court decision
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    Reprinted courtesy of David R. Cook, Jr., Autry, Hall, & Cook, LLP
    Mr. Cook may be contacted at

    Supreme Court Holds Arbitrator can Fully Decide Threshold Arbitrability Issue

    March 18, 2019 —
    The United States Supreme Court recently decided parties to a contract can agree, under the Federal Arbitration Act, an arbitrator, rather than a court, can fully resolve the initial arbitrability question. Henry Schein, Inc. v. Archer and White Sales, Inc., 2019 WL 122164 (2019). The arbitrability question is whether the dispute itself is subject to arbitration under an arbitration provision. Parties that do not want to arbitrate try to circumvent this process by filing a lawsuit and asking the court to determine the threshold arbitrability question. In Henry Schein, Inc., the contract at-issue provided: This Agreement shall be governed by the laws of the State of North Carolina. Any dispute arising under or related to this Agreement (except for actions seeking injunctive relief and disputes related to trademarks, trade secrets, or other intellectual property) shall be resolved by binding arbitration in accordance with the arbitration rules of the American Arbitration Association. The place of arbitration shall be in Charlotte, North Carolina. The plaintiff in this case asserted a claim for injunctive relief (among other claims) and argued that, therefore, the dispute is not subject to arbitration based on the exception in the provision. The initial, threshold issue became whether the dispute was subject to arbitration and, importantly, who decides this issue. The Court further looked at whether a trial court can resolve this issue under the “wholly groundless” exception, i.e.,the court can decide the issue if the argument for arbitration is wholly groundless. Read the court decision
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    Reprinted courtesy of David Adelstein, Kirwin Norris
    Mr. Adelstein may be contacted at

    Senate Overwhelmingly Passes Water Infrastructure Bill

    November 06, 2018 —
    Congress has approved major water infrastructure legislation that authorizes $3.7 billion for new Army Corps of Engineers civil-works projects and $4.4 billion for the Environmental Protection Agency drinking-water program. Read the court decision
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    Reprinted courtesy of Tom Ichniowski, ENR
    Mr. Ichniowski may be contacted at