BERT HOWE
  • Nationwide: (800) 482-1822    
    structural steel construction Building Consultant Ashburn Virginia multi family housing Building Consultant Ashburn Virginia institutional building Building Consultant Ashburn Virginia retail construction Building Consultant Ashburn Virginia high-rise construction Building Consultant Ashburn Virginia tract home Building Consultant Ashburn Virginia production housing Building Consultant Ashburn Virginia Subterranean parking Building Consultant Ashburn Virginia office building Building Consultant Ashburn Virginia hospital construction Building Consultant Ashburn Virginia housing Building Consultant Ashburn Virginia townhome construction Building Consultant Ashburn Virginia mid-rise construction Building Consultant Ashburn Virginia custom home Building Consultant Ashburn Virginia low-income housing Building Consultant Ashburn Virginia casino resort Building Consultant Ashburn Virginia parking structure Building Consultant Ashburn Virginia concrete tilt-up Building Consultant Ashburn Virginia Medical building Building Consultant Ashburn Virginia condominium Building Consultant Ashburn Virginia condominiums Building Consultant Ashburn Virginia landscaping construction Building Consultant Ashburn Virginia
    Ashburn Virginia forensic architectAshburn Virginia construction forensic expert witnessAshburn Virginia building expertAshburn Virginia construction expert witness consultantAshburn Virginia construction expert testimonyAshburn Virginia construction project management expert witnessesAshburn Virginia eifs expert witness
    Arrange No Cost Consultation
    Building Consultant Builders Information
    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.


    Building Consultant Contractors Building Industry
    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


    Charges in Kansas Water Park Death

    Couple Perseveres to Build Green

    Gain in Home Building Points to Sustained U.S. Growth

    Reminder: The Devil is in the Mechanic’s Lien Details

    National Lobbying Firm Opens Colorado Office, Strengthening Construction Defect Efforts

    Coronavirus, Force Majeure, and Delay and Time-Impact Claims

    The Burden of Betterment

    L.A. Makes $4.5 Billion Bet on Olympics After Boston Backs Out

    When is a “Notice of Completion” on a California Private Works Construction Project Valid? Why Does It Matter for My Collection Rights?

    General Contractor’s Excess Insurer Denied Equitable Contribution From Subcontractor’s Excess Insurer

    'Major' Mass. Gas Leak Follows Feds Call For Regulation Changes One Year After Deadly Gas Explosions

    No Interlocutory Appeals of "Garden-Variety" Contract Disputes

    Insurer Not Entitled to Summary Judgment on Water Damage Claims

    Which Cities have the Most Affordable Homes?

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

    Montana Federal Court Holds that an Interior Department’s Federal Advisory Committee Was Improperly Reestablished

    EPA Fines Ivory Homes for Storm Water Pollution

    Hawaii Supreme Court Finds Subcontractor Has No Duty to Defend Under Indemnity Provision

    New Megablimp to Deliver to Remote Alaskan Construction Sites

    First-Party Statutory Bad Faith – 60 Days to Cure Means 60 Days to Cure

    Following Mishaps, D.C. Metro Presses on With Repairs

    Liability Insurer’s Duty To Defend Insured Is Broader Than Its Duty To Indemnify

    The Future of Construction Defects in Utah Unclear

    Documentation Important for Defending Construction Defect Claims

    Landmark Towers Association, Inc. v. UMB Bank, N.A. or: One Bad Apple Spoils the Whole Bunch

    Doctrine of Merger Not a Good Blend for Seller of Sonoma Winery Property

    Alabama Supreme Court Reverses Determination of Coverage for Faulty Workmanship

    New Households Moving to Apartments

    California Court of Appeal Holds That the Right to Repair Act Prohibits Class Actions Against Manufacturers of Products Completely Manufactured Offsite

    Selected Environmental Actions Posted on the Fall 2018 Unified Agenda of Regulatory and Deregulator Actions

    Exception to Watercraft Exclusion Does Not Apply

    Housing Starts in U.S. Climb to an Almost Eight-Year High

    NY Court Holds Excess Liability Coverage Could Never be Triggered Where Employers’ Liability Policy Provided Unlimited Insurance Coverage

    You’re Only as Good as Those with Whom You Contract

    Manhattan Condo Resale Prices Reach Record High

    Repair Cost Exceeding Actual Cash Value Does Not Establish “Total Loss” Under Fire Insurance Policy

    Colorado Mayors Should Not Sacrifice Homeowners to Lure Condo Developers

    After Sixty Years, Subcontractors are Back in the Driver’s Seat in Bidding on California Construction Projects

    California Court Broadly Interprets Insurance Policy’s “Liability Arising Out of” Language

    The Simple Reason Millennials Aren't Moving Out Of Their Parents' Homes: They're Crushed By Debt

    School Board Sues Multiple Firms over Site Excavation Problem

    UK Construction Defect Suit Lost over One Word

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

    Bid Bonds: The First Preventative Measure for Your Project

    No Coverage for Building's First Collapse, But Disputed Facts on Second Collapse

    Regions Where Residential Construction Should Boom in 2014

    Umbrella Policy Must Drop Down to Assist with Defense

    A Compilation of Quirky Insurance Claims

    How Do You Get to the Five Year Mark? Some Practical Advice

    Chinese Telecommunications Ban to Expand to Federally Funded Contracts Effective November 12, 2020
    Corporate Profile

    ASHBURN VIRGINIA BUILDING CONSULTANT
    DIRECTORY AND CAPABILITIES

    Leveraging from more than 7,000 construction defect and claims related expert witness designations, the Ashburn, Virginia Building Consultant Group provides a wide range of trial support and consulting services to Ashburn'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.

    Building Consultant News & Info
    Ashburn, Virginia

    Not so Fast – Florida’s Legislature Overrules Gindel’s Pre-Suit Notice/Tolling Decision Related to the Construction Defect Statute of Repose

    May 11, 2020 —
    As discussed in a prior blog post, in Gindel v. Centex Homes, 2018 Fla.App. LEXIS 13019, Florida’s Fourth District Court of Appeal held that when the plaintiffs provided a pre-suit notice in compliance with §558.004 of Florida’s construction defect Right-to-Cure statute, Fla. Stat. §§ 558.001 to 558.005, et. seq., they commenced a “civil action or proceeding,” i.e. an “action,” within the meaning of Florida’s construction defect Statute of Repose, Florida Statue § 95.11(3)(c). Thus, the court held that the plaintiffs commenced their action prior to the time Florida’s 10-year statute of repose period ended. In overturning the lower court’s dismissal of the action, the court found that because the Right-to-Cure statute, §558 of the Florida Statutes, sets out a series of mandatory steps that must be taken prior to bringing a judicial action, filing pre-suit notice of claim sufficiently constituted an “action” for purposes of Florida’s Statute of Repose. For various reasons, the parties appealed the decision to the Supreme Court of Florida. In July of 2019, before the Florida Supreme Court could decide whether to hear the case, the Florida legislature passed legislation that effectively overruled the decision. To overrule the decision, the Florida Legislature modified § 558.004 of Florida’s Right-to-Cure statute to expressly state that a notice of claim served pursuant to the Right-to-Cure statute does not toll the 10-year statute of repose period for construction claims. See Fla. Stat. § 558.004(d). Read the court decision
    Read the full story...
    Reprinted courtesy of Rahul Gogineni, White and Williams LLP
    Mr. Gogineni may be contacted at goginenir@whiteandwilliams.com

    CISA Guidance 3.1: Not Much Change for Construction

    June 22, 2020 —
    This week, the Cybersecurity & Infrastructure Security Agency (CISA) issued Version 3.1 of its Guidance on the Essential Critical Infrastructure Workforce. For the most part, CISA’s Guidance 3.1 did not change from Version 3.0 as it relates to construction. However, CISA added a few construction-related services to “Essential Critical Infrastructure”:
    • “Workers who support the construction and maintenance of electric vehicle charging stations.”
    • “Engineers performing or supporting safety inspections.”
    Read the court decision
    Read the full story...
    Reprinted courtesy of Laura Bourgeois LoBue, Pillsbury
    Ms. LoBue may be contacted at laura.lobue@pillsburylaw.com

    Of Pavement and Pandemic: Liability and Regulatory Hurdles for Taking It Outside

    September 21, 2020 —
    As the COVID-19 pandemic continues to ravage the U.S. economy, restaurateurs and bar owners are feeling the brunt of business closures and adaptations necessary to combat the disease. Where cozy and intimate dining was once de rigueur for the restaurant industry, these businesses must now shift to outdoor dining with adequate space and airflow between parties. In response to these concerns, many cities across the country who once fought against the loss of any parking have turned to a post-automobile tactic: outdoor dining in thoroughfares and parking lots. While at first glance it might seem a simple enough prospect—throw some chairs and a table out front, and voilà—property owners and restaurateurs must remain cognizant of various liability and regulatory hurdles for operating outside. With Great Space Comes Great … Potential Liability. One of the largest concerns for landowners in operating in a new space for business is liability. Who is on the hook if someone gets hurt dining in an impromptu dining space in a parking lot? Prior to beginning new outdoor dining operations, landowners and restaurateurs should contact their insurance providers to ensure that the new space is included in their insurance coverage. This is a particular concern for larger commercial landowners who may have various businesses vying to use their parking lot for business. Many leases have carefully crafted clauses limiting where a business may operate and where their liability ceases. Landowners and business owners should review their leases for any such clauses and negotiate with one another to ensure that liability in these new spaces is clearly defined. Read the court decision
    Read the full story...
    Reprinted courtesy of Jeff Clare, Pillsbury
    Mr. Clare may be contacted at jeff.clare@pillsburylaw.com

    Trump Order Waives Project Environment Rules to Push COVID-19 Recovery

    June 15, 2020 —
    Citing the "national emergency" spurred by the COVID-19 pandemic's economic hit, President Donald Trump has signed an executive order that directs federal agencies to bypass environmental laws to expedite infrastructure projects, including those on federal lands, as a stimulus. Reprinted courtesy of Engineering News-Record attorneys Debra K. Rubin, Mary B. Powers and Jim Parsons Ms. Rubin may be contacted at rubind@enr.com Read the full story... Read the court decision
    Read the full story...
    Reprinted courtesy of

    Potential Construction Liabilities Contractors Need to Know

    September 21, 2020 —
    The outbreak of COVID-19 started in early December 2019, gradually expanding to the other countries of the world. The spread of the pandemic did not just affect the world in terms of health, but also made industries suffer across all verticals—leading to a few unique challenges for construction contractors. From financial imbalance to trouble retaining cash flow, the circumstances have turned to be completely unfavorable for the contractors that rely on banks for essential surety credits to sustain. To prevent loss of liquidity, the contractors are leaning toward construction accounting software and other technology to keep their accounting data in place and avoid risks with project deliveries. But still, there are many other factors that must be considered to maintain cash flow for potential credit availability such as debt agreements and lines of credit, which involve financing of equipment and vehicles. Nevertheless, it is completely the responsibility of the contractors to stick with the guidelines related to the line of credit and debt agreements which in most cases are covenant ratios. Reprinted courtesy of Manipal Dhariwal, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
    Read the full story...
    Reprinted courtesy of

    No Coverage For Wind And Flood Damage Suffered From Superstorm Sandy

    July 27, 2020 —
    The court found that the policy's anti-sequential clause barred coverage for damage caused by Hurricane Sandy. Estate of Doerfler v. Fed. Ins. Co., 2020 N.J. Sup. Unpub. LEXIS 920 (May 14, 2020). The insureds held identical homeowners policies from Chubb and Federal Insurance Company. Damage resulting from flood was not covered. The policies' "surface water exclusion" stated,
    [W]e do not cover any loss caused by: flood, surface water, waves, tidal water, overflow of water from a body of water . . . or spray from any of these even if driven by wind.
    The insureds also had separate flood insurance policies, insuring the structure of each home for $250,000. Superstorm Sandy created wind gusts as high as eighty miles per hour. A severe storm surge caused tides to rise between nine and eleven feet. The storm surge caused surface water to flood onto plaintiffs' properties and their homes ultimately collapsed. 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 te@hawaiilawyer.com

    Virtual Jury Trials: The Next Wave of Remote Legal Practice

    July 13, 2020 —
    One of the most obvious and unavoidable results of the COVID-19 crisis has been the postponement of jury service and, by extension, all jury trials. Given the inherent difficulties of convening juries in a world of social distancing, it is likely that multiple jurisdictions will be unable to conduct live jury trials for at least the next several months. Recognizing the mounting delay and substantial docket backlog that is attendant to several months without jury trials, one court most recently permitted the litigants, upon consent, to try a new innovation – the nation’s first virtual jury trial conducted entirely on the Zoom platform. More than two dozen potential jurors in Collin County, Texas attended jury selection from home by smartphone, laptop, and tablet, a process that was streamed live on YouTube. The presiding judge occasionally provided prospective jurors technical advice on how to best use their devices. Once selected, the jurors virtually attended a one-day, “summary jury trial” of an insurance dispute in which they heard a condensed version of the case and delivered a non-binding verdict. The parties were then able to gauge how their cases would fare before a jury in a full-scale trial and, with that insight, agreed to proceed to a mediation in an attempt to reach a resolution. Court officials further touted the abbreviated, non-binding experience as an ideal test for the viability of remotely holding jury trials that would result in a final judgment. This real-world test, albeit in a non-binding exercise, may be an indication of things to come, as courts in Indiana and Arizona have already communicated an intention to conduct jury trials remotely once able. Reprinted courtesy of David R. Zaslow, White and Williams and Mark Paladino, White and Williams Mr. Zaslow may be contacted at zaslowd@whiteandwilliams.com Mr. Paladino may be contacted at paladinom@whiteandwilliams.com Read the court decision
    Read the full story...
    Reprinted courtesy of

    Staying the Course, Texas Supreme Court Rejects Insurer’s Argument for Exception to Eight-Corners Rule in Determining Duty to Defend

    April 27, 2020 —
    In responding to a certified question from the Fifth Circuit in Richards v. State Farm Lloyds, the Texas Supreme Court held that the “policy-language exception” to the eight-corners rule articulated by the federal district court is not a permissible exception under Texas law. See Richards v. State Farm Lloyds, 19-0802, 2020 WL 1313782, at *1 (Tex. Mar. 20, 2020). The eight-corners rule generally provides that Texas courts may only consider the four corners of the petition and the four corners of the applicable insurance policy when determining whether a duty to defend exists. State Farm argued that a “policy-language exception” prevents application of the eight-corners rule unless the insurance policy explicitly requires the insurer to defend “all actions against its insured no matter if the allegations of the suit are groundless, false or fraudulent,” relying on B. Hall Contracting Inc. v. Evanston Ins. Co., 447 F. Supp. 2d 634, 645 (N.D. Tex. 2006). The Texas Supreme Court rejected the insurer’s argument, citing Texas’ long history of applying the eight-corners rule without regard for the presence or absence of a “groundless-claims” clause. The underlying dispute in Richards concerned whether State Farm must defend its insureds, Janet and Melvin Richards, against claims of negligent failure to supervise and instruct after their 10-year old grandson died in an ATV accident. The Richardses asked State Farm to provide a defense to the lawsuit by their grandson’s mother and, if necessary, to indemnify them against any damages. To support its argument that no coverage under the policy existed, and in turn, it had no duty to defend, State Farm relied on: (1) a police report to prove the location of the accident occurred off the insured property; and (2) a court order detailing the custody arrangement of the deceased child to prove the child was an insured under the policy. The federal district court held that the eight-corners rule did not apply, and thus extrinsic evidence could be considered regarding the duty to defend, because the policy did not contain a statement that the insurer would defend “groundless, false, or fraudulent” claims. In light of the extrinsic police report and extrinsic custody order, the district court granted summary judgment to State Farm. Reprinted courtesy of Hunton Andrews Kurth attorneys John C. Eichman, Sergio F. Oehninger, Grayson L. Linyard and Leah B. Nommensen Mr. Oehninger may be contacted at soehninger@HuntonAK.com Mr. Linyard may be contacted at glinyard@HuntonAK.com Ms. Nommensen may be contacted at leahnommensen@HuntonAK.com Read the court decision
    Read the full story...
    Reprinted courtesy of