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    Alberta, 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".

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    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
    Tidewater Builders Association
    Local # 4854
    2117 Smith Ave
    Chesapeake, VA 23320

    Alberta Virginia Building Consultant 10/ 10

    Peninsula Housing & Builders Association
    Local # 4844
    760 McGuire Pl
    Newport News, VA 23601

    Alberta Virginia Building Consultant 10/ 10

    Home Builders Association of Southside VA
    Local # 4863
    10300 Corporate Road
    Petersburg, VA 23805

    Alberta Virginia Building Consultant 10/ 10

    New River Valley Home Builders Association
    Local # 4837
    PO Box 2010
    Christiansburg, VA 24068

    Alberta Virginia Building Consultant 10/ 10

    Builders & Associates of Southern VA
    Local # 4829
    PO Box 10178 Ste 28
    Danville, VA 24543
    Alberta Virginia Building Consultant 10/ 10

    Roanoke Regional Home Builders Association
    Local # 4881
    1626 Apperson Dr
    Salem, VA 24153

    Alberta Virginia Building Consultant 10/ 10

    Home Builders Association of Central VA
    Local # 4827
    20334 Timberlake Rd Ste 3
    Lynchburg, VA 24502

    Alberta Virginia Building Consultant 10/ 10

    Building Consultant News and Information
    For Alberta Virginia

    The One New Year’s Resolution You’ll Want to Keep if You’re Involved in Public Works Projects

    Condo Board May Be Negligent for not Filing Construction Defect Suit in a Timely Fashion

    "Abrupt Falling Down of Building or Part of Building" as Definition of Collapse Found Ambiguous

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    It’s a Bird, It’s a Plane . . . No, It’s a Drone. Long Awaited FAA Drone Regulations Finally Take Flight

    Fifth Circuit Asks Texas Supreme Court to Clarify Construction Defect Decision

    Continuous Injury Trigger Applied to Property Loss

    Colorado Supreme Court Grants the Petition for Writ of Certiorari in Vallagio v. Metropolitan Homes

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    United States Supreme Court Upholds Class Action Waivers in Arbitration Agreements

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    The Alberta, Virginia Building Consultant Group at BHA, leverages from the experience gained through more than 5,500 construction related expert witness designations encompassing a wide spectrum of construction related disputes. Leveraging from this considerable body of experience, BHA provides construction related trial support and expert services to Alberta'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.

    Building Consultant News & Info
    Alberta, Virginia

    Resolving Condominium Construction Defect Warranty Claims in Maryland

    September 04, 2018 —
    A Guide for Maryland Condominium Associations Newly constructed and newly converted condominiums in Maryland often contain concealed or “latent” construction defects. Left undetected and unrepaired, latent defects stemming from the original construction of a condominium can cause extensive damage over time, requiring associations to assess their members for unanticipated repair costs that could have been avoided by making timely developer warranty claims. This article provides a general overview of how Maryland condominium associations transitioning from developer control can proactively identify and resolve construction defect claims with condominium developers and builders before warranty and other legal rights expire. This proactive approach typically results in an amicable resolution without the need for litigation. Read the court decision
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    Reprinted courtesy of Nicholas D. Cowie, Cowie & Mott
    Mr. Cowie may be contacted at

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

    December 19, 2018 —
    The Fifth Circuit in Evanston Insurance Co. v. Mid-Continent Casualty Co. recently held that multiple collisions caused by the same insured driver over a span of 10 minutes constitute a single occurrence subject to a $1 million limit in the insured’s primary policy with Mid-Continent. The holding reversed a lower court’s ruling that Mid-Continent is liable for an additional sum the excess insurer, Evanston, paid to resolve all of the claims arising from the collisions. At issue, a fundamental question about causation and coverage under commercial liability insurance. Reprinted courtesy of Michael S. Levine, Hunton Andrews Kurth and Daniel Hentschel, Hunton Andrews Kurth Mr. Levine may be contacted at Mr. Hentschel may be contacted at Read the court decision
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    Contractual Waiver of Consequential Damages

    January 02, 2019 —
    Contractual waivers of consequential damages are important, whether they are mutual or one-sided. I believe in specificity in that the types of consequential damages that are waived should be detailed in the waiver of consequential damages provision. Standard form construction agreements provide a good template of the types of consequential damages that the parties are agreeing to waive. But, what if there is no specificity in the waiver of consequential damages provision? What if the provision just states that the parties mutually agree to waive consequential damages or that one party waives consequential-type damages against the other party? Let me tell you what would happen. The plaintiff will argue that the damages it seeks are general damages and are NOT waived by the waiver of consequential damages provision. The defendant, on the other hand, will argue that the damages are consequential in nature and, therefore, contractually waived. FOR THIS REASON, PARTIES NEED TO APPRECIATE WHAT DAMAGES ARE BEING WAIVED OR LIMITED, AND POTENTIALLY THOSE DAMAGES NOT BEING WAIVED OR LIMITED, WHEN AGREEING TO A WAIVER OF CONSEQUENTIAL DAMAGES PROVISION! Read the court decision
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    Reprinted courtesy of David Adelstein, Kirwin Norris
    Mr. Adelstein may be contacted at

    Cracked Girders Trigger Scrutiny of Salesforce Transit Center's Entire Structure

    November 21, 2018 —
    Nov. 15, 2018 Update: After calling on Nov. 8 for a “complete structural evaluation” of San Francisco's 1.2-million-sq-ft SalesForce Transit Center, following the discovery on Sept. 25 of significant, mid-span cracks in the bottom flanges of twin parallel girders spanning 80 ft over Fremont Street, the Transbay Joint Powers Authority now says the problems with girders are localized. Read the court decision
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    Reprinted courtesy of Nadine M. Post, ENR
    Ms. Post may be contacted at

    New Standard Addresses Wind Turbine Construction Safety Requirements and Identifies Hazards

    October 09, 2018 —
    American Society of Safety Professionals’ industry consensus standard, ANSI/ASSP A10.21 – 2018 Safety Requirements for Safe Construction and Demolition of Wind Generation/Turbine Facilities, is the first standard to identify and address hazards specific to wind turbine construction. It includes nearly a dozen appendices that provide additional consideration and guidance for hazards that vary between projects, turbines and geographical areas. The new A10.21 standard starts by requiring a site hazard identification prior to construction commencing. It establishes the general contractor as the responsible party for site hazard identification assessment. This is because the general contractor is usually one of the first entities on site able to assess the various challenges/concerns such as: geography, utilities, environmental, etc. This assessment is usually done by driving the project site and identifying GPS coordinates of specific challenges. Reprinted courtesy of Christopher Daniels, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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    Reprinted courtesy of
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    Effects of Amendment to Florida's Statute of Repose on the Products Completed Operations Hazard

    November 06, 2018 —
    Recent amendments to Florida’s Statute of Repose have resulted in concerns as to the scope of risk Florida homebuilders face as a result, and the availability of insurance coverage for such exposures. Previously, the statute provided for a strict, yet straightforward 10-year limitation for latent construction defect claims. Under that language, issues arose when suits were filed near expiration of the statute, because parties seeking to defend claims were given little time to effectively assert related claims. The amendment to the statute serves to lengthen the statute of repose to 11 years for certain cross-claims, compulsory counterclaims, and third-party claims, and in limited circumstances, potentially even longer. Most policies in the Florida marketplace serve to limit coverage under the products-completed operations hazard (“PCO”) to 10 years, and thus, in very limited circumstances, an insured contractor may be exposed to third-party claims under the revised statute. It is important to note, however, that coverage under most CGL policies is occurrence-based, meaning that the policy is triggered by property damage that occurs during the policy period, and therefore, any subsequent claims permitted under the amended statute will necessarily relate to the original property damage that occurred during the 10-year period, and thus, would be covered under the standard 10-year PCO extension. This paper will analyze the anticipated effect of the amendments upon coverage under a 10-year PCO extension. Reprinted courtesy of Richard W. Brown, Saxe Doernberger & Vita P.C. and Grace V. Hebbel, Saxe Doernberger & Vita P.C. Mr. Brown may be contacted at Ms. Hebbel may be contacted at Read the court decision
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    Reprinted courtesy of

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

    February 06, 2019 —
    In Kohler Co. v. Superior Court, 29 Cal. App. 5th 55 (2018), the Second District of the Court of Appeal of California considered whether the lower court properly allowed homeowners to bring class action claims under the Right to Repair Act (the Act) against a manufacturer of a plumbing fixture for alleged defects in the product. After an extensive analysis of the language of the Act, the court found that class action claims under the Act are not allowed if the product was completely manufactured offsite. Since the subject fixture was completely manufactured offsite, the Court of Appeal reversed the lower court’s decision. The court’s holding establishes that rights and remedies set forth in the Right to Repair Act are not available for class action claims alleging defects in products completely manufactured offsite. In Kohler Co., homeowners instituted a class action against Kohler, the manufacturer of water pressure and temperature regulating valves that were installed into their homes during original construction. The class action was filed on behalf of all owners of residential dwellings in California in which these Kohler valves were installed as part of original construction. The complaint asserted, among other claims, a cause of action under the Act. Kohler filed a motion for anti-class certification on the ground that causes of actions under the Act cannot be certified as a class action. The trial court denied the motion with respect to the Act but certified its ruling for appellate review. Kohler filed a petition with the Court of Appeals, arguing that certain sections of the Act explicitly exclude class action claims under the Act. Read the court decision
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    Reprinted courtesy of Gus Sara, White and Williams LLP
    Mr. Sara may be contacted at

    What Makes a Great Lawyer?

    February 06, 2019 —
    Good lawyers have mastered and understand the analytical and communication skills taught in law school, but great lawyers build upon this foundation by continuing to develop traits and skills for success. Here are five tips to help good lawyers enhance client outcomes and excel within their profession. Be Objective Lawyers cannot be effective advocates unless they are first willing to perceive and analyze problems from all angles. Lawyers must discern strong claims from weak; urgent concerns from long-term; and large issues from small. A lawyer who adopts the tone of an emotionally-charged client risks alienating the court and jury. Read the court decision
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    Reprinted courtesy of Danielle Carter, Bremer Whyte Brown & O'Meara LLP
    Ms. Carter may be contacted at