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    Anvik, 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.

    Building Consultant Contractors Licensing
    Guidelines Anvik Alaska

    Commercial and Residential Contractors License Required

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

    Anvik Alaska Building Consultant 10/ 10

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

    Anvik Alaska Building Consultant 10/ 10

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

    Anvik Alaska Building Consultant 10/ 10

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

    Anvik Alaska Building Consultant 10/ 10

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

    Anvik Alaska Building Consultant 10/ 10

    Northern Southeast Alaska Building Industry Association
    Local # 0225
    9085 Glacier Highway Ste 202
    Juneau, AK 99801

    Anvik Alaska Building Consultant 10/ 10

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

    Anvik Alaska Building Consultant 10/ 10

    Building Consultant News and Information
    For Anvik Alaska

    Why You Make A Better Wall Than A Window: Why Policyholders Can Rest Assured That Insurers Should Pay Legal Bills for Claims with Potential Coverage

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

    Legal Matters Escalate in Aspen Condo Case

    Blurred Lines: New York Supreme Court Clarifies Scope of Privileged Documents in Connection with Pre-Denial Communications Prepared by Insurer's Coverage Counsel

    Mediation v. Arbitration, Both Private Dispute Resolution but Very Different Sorts

    One to Watch: Case Takes on Economic Loss Rule and Professional Duties

    Constructive Change Directives / Directed Changes

    Incorporation, Indemnity and Statutes of Limitations, Oh My!

    Texas Couple Claim Many Construction Defects in Home

    Architect Blamed for Crumbling Public School Playground

    Home Sales Topping $100 Million Smash U.S. Price Records

    Assert a Party’s Noncompliance of Conditions Precedent with Particularity

    Harrisburg Sought Support Before Ruinous Incinerator Retrofit

    Colorado homebuilders target low-income buyers with bogus "affordable housing" bill

    NY Appellate Court Holds Common Interest Privilege Applies to Parties to a Merger

    Coverage for Faulty Workmanship Found In South Dakota

    Walmart Seeks Silicon Valley Vibe for New Arkansas Headquarters

    The Future Looks Bright for Construction in 2015

    Insurer Not Entitled to Summary Judgment Based Upon Vandalism Exclusion

    Insureds' Summary Judgment Motion on Mold Limitation Denied

    Steven Cvitanovic to Present at NASBP Virtual Seminar

    New York City Construction: Boom Times Again?

    Connecticut Court Finds Anti-Concurrent Causation Clause Enforceable

    Ninth Circuit Clears the Way for Review of Oregon District Court’s Rulings in Controversial Climate Change Case

    Inside the Old Psych Hospital Reborn As a Home for Money Managers

    Housing Starts in U.S. Slumped More Than Forecast in March

    Proposed Florida Construction Defect Act

    Court Exclaims “Enough!” To Homeowner Who Kept Raising Wrongful Foreclosure Claims

    Nebraska Joins the Ranks—No CGL Coverage for Faulty Work

    Florida Supreme Court: Notice of Right to Repair is a CGL “Suit,” SDV Amicus Brief Supports Decision

    BHA Expands Construction Experts Group

    Duty to Defend Negligent Misrepresentation Claim

    Florida Former Public Works Director Fined for Ethics Violation

    Reminder: In Court (as in life) the Worst Thing You Can Do Is Not Show Up

    I.M. Pei, Architect Who Designed Louvre Pyramid, Dies at 102

    Poor Record Keeping = Going to the Poor House (or, why project documentation matters)

    Construction Defects Survey Results Show that Warranty Laws Should be Strengthened for Homeowners & Condominium Associations

    No Coverage Under Exclusions For Wind and Water Damage

    High-Rise Condominium Construction Design Defects, A Maryland Construction Lawyer’s Perspective

    Unlicensed Contractors Caught in a Sting Operation

    Decline in Home Construction Brings Down Homebuilder Stocks

    Quick Note: Submitting Civil Remedy Notice

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    Wine without Cheese? (Why a construction contract needs an order of precedence clause)(Law Note)

    NYC Building Explosion Kills Two After Neighbor Reports Gas Leak

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    Construction Defect Litigation at San Diego’s Alicante Condominiums?
    Corporate Profile


    Leveraging from more than 5500 construction defect and claims related expert witness designations, the Anvik, Alaska Building Consultant Group provides a wide range of trial support and consulting services to Anvik'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
    Anvik, Alaska

    Court Rejects Efforts to Limit Scope of Judgment Creditor’s Direct Action Under Insurance Code Section 11580

    May 01, 2019 —
    In Ins. Co. of St. of PA v. Amer. Safety Indemnity Co. (No. B283684, filed 3/1/19) (“ICSOP”), a California appeals court rejected one insurer’s efforts to limit the scope of another insurer’s direct action as a judgment creditor under Insurance Code section 11580(b)(2). In ICSOP, homeowners filed a claim in arbitration against their general contractor alleging damages from subsidence. While the arbitration was pending, the general contractor filed suit against the grading subcontractor seeking indemnity and contribution. The complaint attached the homeowners’ complaint in arbitration pleading damages of $2.3 million, and alleged that the subcontractors had a duty to indemnify for those damages. The arbitrator awarded the homeowners $1.1 million. The general contractor was insured by plaintiff ICSOP, which paid the arbitration award. A default judgment was entered against the grading subcontractor for $1.5 million, that included both the arbitration award plus $356,340 for the general contractor’s attorney’s fees. American Safety insured the grading subcontractor but refused to indemnify ICSOP. ICSOP then sued American Safety on the default judgment, pursuant to Insurance Code section 11580(b). The trial court granted summary judgment for ICSOP and the appeals court affirmed. Mr. Kendrick may be contacted at Ms. Moore may be contacted at Reprinted courtesy of Christopher Kendrick, Haight Brown & Bonesteel LLP and Valerie A. Moore, Haight Brown & Bonesteel LLP Read the court decision
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    Reprinted courtesy of

    President Trump Issued Two New EOs on Energy Infrastructure and Federal Energy Policy

    May 20, 2019 —
    1. The first EO is very comprehensive, affecting many federal agencies and departments, and is entitled “Promoting Federal Infrastructure and Economic Growth.” The EO emphasizes its concern with the need for infrastructure that “ is capable of safely and efficiently transporting these plentiful resources to end users.” To that end, the EO:
    • (A) states the general policy that the U.S. Government is to promote private investment in the Nation’s infrastructure by establishing efficient permitting processes and procedures that avoid duplication and result in increased regulatory certainty;
    • (B) reviews and revises existing federal guidance and regulations regarding Section 401 of the Clean Water Act (CWA), with particular emphasis on EPA’s guidance document, CWA Section 401 Water Quality Certification, and actions will be taken in accordance with a regulatory schedule set forth in the EO which has as its objective a notice of proposed rulemaking on the Environmental Protection Agency’s (EPA) Section 401 regulations to be published in 12 months, with the final rules to be issued by May 2020;
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    Reprinted courtesy of Anthony B. Cavender, Pillsbury
    Mr. Cavender may be contacted at

    Design Professional Asserting Copyright Infringement And Contributory Copyright Infringement

    May 01, 2019 —
    Standard form construction contracts between an owner and design profesional will address copyright protection, as well as other contractual protections, associated with a design professional’s “instruments of service.” An owner negotiating an agreement with a design professional should consider alternative language that broadens the scope of the contractual license given to it with respect to the use of the design. Regardless, a design professional’s copyright infringement claim is still a challenging claim to ultimately prevail on. While a design professional may likely survive the motion to dismiss stage in a copyright infringement claim, whether it survives the summary judgment stage is another, more challenging, story. “To state a claim for copyright infringement a plaintiff [design professional] must assert [and prove the following two prongs]: ‘(1) ownership of a valid copyright, and (2) copying of constituent elements of the work that are original.’” Robert Swedroe Architect Planners, A.I.A., P.A. v. J. Milton & Associates, Inc., 2019 WL 1059836, *3 (S.D.Fla. 2019) quoting Feist Publ’ns, Inc. v. Rural Tel. Serv. Co., Inc., 499 U.S. 340, 361 (1991). In the first prong, the design professional must establish it complied with statutory formalities to own a valid copyright. Id. In the second prong, the design professional must establish that the defendant copied constituent elements that are original. Id. There is also a claim known as contributory copyright infringement. Read the court decision
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    Reprinted courtesy of David Adelstein, Kirwin Norris
    Mr. Adelstein may be contacted at

    Public Law Center Honors Snell & Wilmer Partner Sean M. Sherlock As Volunteers For Justice Attorney Of The Year

    June 10, 2019 —
    Snell & Wilmer is pleased to announce the Public Law Center (PLC) has named Orange County partner Sean M. Sherlock as the 2019 Volunteers for Justice Attorney of the Year. Sherlock donates his time and knowledge to his community through his pro bono work with PLC. From 2015 to earlier this year he headed a team of attorneys who represented an elderly PLC client in danger of losing her mobile home. The client is the primary caregiver for her disabled grandson who survives solely on a fixed income of disability and Social Security, causing her to fall behind on her space rent for her mobile home. In addition to pro bono work, Sherlock is an avid community volunteer, spending his time supporting organizations that have included Big Brothers/Big Sisters, Orange County Coastkeeper, AYSO and the Boy Scouts of America. “One of the most rewarding aspects of being an attorney is being able to obtain justice for the vulnerable and defenseless in our society who would otherwise be unable to navigate our legal system,” said Sherlock. “My relationship with the PLC has given me many opportunities to do some very gratifying work, and it is a real pleasure working with and learning from the excellent staff attorneys at PLC.” Read the court decision
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    Reprinted courtesy of Sean M. Sherlock, Snell & Wilmer
    Mr. Sherlock may be contacted at

    Trump Tower Is Now One of NYC’s Least-Desirable Luxury Buildings

    July 08, 2019 —
    Trump Tower, once the crown jewel in Donald Trump’s property empire, now ranks as one of the least desirable luxury properties in Manhattan. The 36-year-old building has been turned into a fortress since Trump won the presidency, ringed with concrete barriers and the two main entrances partially blocked off. It hasn’t been substantially updated in years. And Trump’s name has been a huge turnoff in liberal New York City. For anyone who owns a unit in the tower, the past two years have been brutal. Most condo sales have led to a loss after adjusting for inflation, property records show. Several sold at more than a 20% loss. By contrast, across Manhattan, just 0.23% of homes over the past two years sold at a loss, according to real-estate data provider PropertyShark, although the firm doesn’t adjust for inflation. Read the court decision
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    Reprinted courtesy of Shahien Nasiripour, Bloomberg

    Coyness is Nice. Just Not When Seeking a Default Judgment

    March 04, 2019 —
    As Morrissey of the Smith’s sang: Coyness is nice, but Coyness can stop you, from saying all the things in life you’d like to. It’s not uncommon in litigation to see a complaint asking for “damages according to proof.” Call it laziness. Call it hiding the ball. Call it coy, even. I call it risky. And here’s why: If a defendant doesn’t appear and you need to seek a default judgment against him, her, or it, you are barred from doing so, since you are limited to recovering the amount you sought. And last I checked, something of nothing is nothing. In Yu v. Liberty Surplus Insurance Corporation, California Court of Appeals for the Fourth District, Case No. G054522 (December 11, 2018), one plaintiff found this out the hard way, although perhaps not quite in the way they expected it. Read the court decision
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    Reprinted courtesy of Garret Murai, Wendel Rosen
    Mr. Murai may be contacted at

    Latosha Ellis Selected for 2019 Leadership Council on Legal Diversity Pathfinder Program

    April 10, 2019 —
    Hunton Andrews Kurth has selected Latosha Ellis, an associate in the firm’s Insurance Coverage practice, for the 2019 Leadership Council on Legal Diversity (LCLD) Pathfinder Program. Pathfinder is a national yearlong program that trains diverse, high performing, early-career attorneys in critical career development strategies, including foundational leadership and building professional networks. Read the court decision
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    Reprinted courtesy of Michael S. Levine, Hunton Andrews Kurth
    Mr. Levine may be contacted at

    Connecticut Crumbling Concrete Cases Not Covered Under "Collapse" Provision in Homeowner's Policy

    July 01, 2019 —
    What do you do when your house falls out from underneath you? Over the last few years, homeowners in northeastern Connecticut have been suing their insurers for denying coverage for claims based on deteriorating foundations in their homes. The lawsuits, which have come to be known as the “crumbling concrete cases,” stem from the use of faulty concrete to pour foundations of approximately 35,000 homes built during the 1980s and 1990s. In order to save their homes, thousands of homeowners have been left with no other choice but to lift their homes off the crumbling foundations, tear out the defective concrete and replace it. The process typically costs between $150,000 to $350,000 per home, and homeowner’s insurers are refusing to cover the costs. As a result, dozens of lawsuits have been filed by Connecticut homeowners in both state and federal court. Of those cases, three related lawsuits against Allstate Insurance Company were the first to make it to the federal appellate level.1 The Second Circuit Court of Appeals was tasked with deciding one common issue: whether the “collapse” provision in the Allstate homeowner’s policy affords coverage for gradually deteriorating basement walls that remain standing. The Allstate policies at issue were “all-risk” policies, meaning they covered “sudden and accidental direct physical losses” to residential properties. While “collapse” losses were generally excluded, the policies did provide coverage for a limited class of “sudden and accidental” collapses, including those caused by “hidden decay,” and/or “defective methods or materials used in construction, repair or renovations.” Covered collapses did not include instances of “settling, cracking, shrinking, bulging or expansion.” Read the court decision
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    Reprinted courtesy of Kerianne E. Kane, Saxe Doernberger & Vita, P.C.
    Ms. Kane may be contacted at