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    Illinois Builders Right To Repair Current Law Summary:

    Current Law Summary: HB4873 Pending: The Notice and Opportunity to Repair Act provides that a construction professional shall be liable to a homeowner for damages caused by the acts or omissions of the professional and his or her agents, employees, or subcontractors. This bill requires the service of notice to the professional of the complained-of defect in the construction by the homeowner prior to commencement of a lawsuit. Allows the professional to make an offer of repair or settlement and to rescind this offer if the claimant fails to respond within 30 days.

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    No state license required for general contracting. License required for roofing.

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    Home Builders Association of Southern Illinois
    Local # 1466
    PO Box 510
    Cobden, IL 62920

    East Hazel Crest Illinois Building Consultant 10/ 10

    Home Builders Association of Greater Southwest Illinois
    Local # 1468
    6100 W Main St
    Maryville, IL 62062

    East Hazel Crest Illinois Building Consultant 10/ 10

    Effingham Area Home Builders Association
    Local # 1423
    PO Box 1323
    Effingham, IL 62401

    East Hazel Crest Illinois Building Consultant 10/ 10

    Springfield Area Home Builders Association
    Local # 1470
    3921 Pintail Dr Ste B
    Springfield, IL 62711

    East Hazel Crest Illinois Building Consultant 10/ 10

    Home Builders Association of Illinois
    Local # 1400
    112 W Edwards Street
    Springfield, IL 62704

    East Hazel Crest Illinois Building Consultant 10/ 10

    Metro Decatur Home Builders Association
    Local # 1435
    PO Box 1166
    Decatur, IL 62525

    East Hazel Crest Illinois Building Consultant 10/ 10

    Home Builders Association of Quincy
    Local # 1460
    PO Box 3615
    Quincy, IL 62305
    East Hazel Crest Illinois Building Consultant 10/ 10

    Building Consultant News and Information
    For East Hazel Crest Illinois

    San Francisco Sues Over Sinking Millennium Tower

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    The East Hazel Crest, Illinois 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. Drawing from this considerable body of experience, BHA provides construction related trial support and expert services to East Hazel Crest'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.

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    East Hazel Crest, Illinois

    Colorado Supreme Court Issues Decisions on Statute of Limitations for Statutory Bad Faith Claims and the Implied Waiver of Attorney-Client Privilege

    July 11, 2018 —
    The Colorado Supreme Court has been busy the past two weeks, issuing a couple rulings that should be of interest to the insurance industry:
    Statute of Limitations for Bad Faith Statute: In Rooftop Restoration, Inc. v. American Family Mutual Insurance Co., 2018 CO 44 (May 29, 2018), the Colorado Supreme Court held that the one-year statute of limitations that applies to penalties, does not apply to claims brought under C.R.S. 10-3-1116, Colorado’s statutory cause of action for unreasonable delay or denial of benefits. Section 10-3-1116 provides that a first-party claimant whose claim for payment of benefits has been unreasonably delayed or denied may seek to recover attorney fees, costs, and two times the covered benefit, in addition to the covered benefit. A separate Colorado statute, CRS 13-80-103(1)(d) provides a one-year statute of limitations for “any penalty or forfeiture of any penal statutes.” To arrive at the conclusion that the double damages available under section 10-3-1116 is not a penalty, the Court looked at yet another statutory provision, governing accrual of causes of action for penalties, which provides that a penalty cause of action accrues when “the determination of overpayment or delinquency . . . is no longer subject to appeal.” The Court stated that because a cause of action under 10-3-1116 “never leads to a determination of overpayment or delinquency . . . the claim would never accrue, and the statute of limitations would be rendered meaningless.” Para. 15. Presumably, the default two-year statute of limitations, provided by CRS 13-80-102(1)(i), will now be found to apply to causes of action seeking damages for undue delay or denial of insurance benefits.
    Read the court decision
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    Reprinted courtesy of Jennifer Arnett-Roehrich, Gordon & Rees Scully Mansukhani
    Ms. Arnett-Roehrich may be contacted at

    Retainage on Pennsylvania Public Contracts

    January 31, 2018 —
    Ah yes, retainage, what could represent your profit on a project and something frequently abused by owners on private and public projects alike. Fortunately, Pennsylvania law offers public works contractors some protection from retainage abuse. The Public Prompt Payment Act dictates when retainage can be withheld and when it must be released. Agencies that fail to follow the Prompt Payment Act’s retainage rules can end up owing you interest, penalty, and attorney’s fees. Read the court decision
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    Reprinted courtesy of Wally Zimolong, Zimolong LLC

    Under Colorado House Bill 17-1279, HOA Boards Now Must Get Members’ Informed Consent Before Bringing A Construction Defect Action

    April 11, 2018 —
    Last year, I wrote a post calling attention to stalled efforts in the Colorado legislature to pass meaningful construction defect reform. Shortly thereafter, the legislature got it done in the form of House Bill 17-1279. This bill creates an important pre-litigation notice-and-approval process whenever an HOA initiates a construction defect action in its own name or on behalf of two or more of its members. Before May 2017, the pre-litigation requirements that an HOA had to fulfill before bringing a construction defect claim under the Colorado Construction Defect Action Reform Act (“CDARA”) were generally minor. For example, while many declarations required majority approval from the community prior to initiation of claims, in practice, what the industry was seeing is that some HOAs were making it so that only a majority of the HOA Board had to approve bringing the claim, rather than the majority of interested unit owners. It was also common that, even where the majority of owners were involved, they were often voting in favor of filing a lawsuit or arbitration without fully understanding the risks and costs. This practice presented a risk to developers—it is easier to get approval from a small group than from a larger group, and it is easier to get approval when the voting owners do not fully appreciate the risks and costs inherent in filing a claim. Colorado House Bill 17-1279, which was signed into law by Governor Hickenlooper in May 2017 and is codified at C.R.S. § 38-33.3-303.5, lessens these risks by amending the Colorado Common Interest Ownership Act (“CCIOA”) to add certain pre-litigation requirements. Section 38-33.3-303.5 applies any time an HOA institutes a construction defect action its own name on behalf of itself or two or more unit owners on matters affecting the common interest community. C.R.S. §§ 38-33.3-302(1)(d), -303.5(1)(a). Read the court decision
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    Reprinted courtesy of Luke Mecklenburg, Snell & Wilmer
    Mr. Mecklenburg may be contacted at

    BHA Has a Nice Swing

    May 03, 2018 —
    Bert L. Howe & Associates, Inc., (BHA) raises thousands of dollars each year with their Sink a Putt for Charity campaign. This year, participant’s efforts on the green will help benefit three cancer fighting institutions that are dedicated to treating and eradicating children’s cancer: Hawaii’s Children’s Cancer Foundation, St. Jude Children’s Research Hospital, and Shriners Hospital for Children. As in the past, attendees can participate for free in the BHA golf challenge and win a $25 Amazon gift card, and for every successful putt made, BHA will make a $25 cash donation in the golfer’s name to be distributed equally between each worthy organization. While at the booth, don’t forget to test out BHA’s industry leading data collection and inspection analysis systems. BHA’s data collection process includes video overviews as well as next-day viewing of inspection data via their secured BHA Client Access Portal. Discover meaningful cost improvements that translate to reduced billing while providing superior accuracy and credibility. Also learn about BHA’s expanding market presence and full range of services in Texas, Florida, and across the Southeast United States. Attendees can also enter to win Dodger baseball tickets! Other BHA giveaways include LED flashlights, tape measures, multi-tools and stress balls. For more information on these worthwhile charities or to make a donation directly, please visit their websites: Hawaii’s Children’s Cancer Foundation , St. Jude Children’s Research Hospital, and Shriners Hospital for Children. Read the full story, Bert L. Howe & Associates, Inc.... Read the court decision
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    Reprinted courtesy of

    Water Leak Covered for First Thirteen Days

    April 11, 2018 —
    The Florida Court of Appeals recently held the policy's exclusion for repeated water seepage over a period of fourteen days or more does not exclude loss caused by the seepage for the first thirteen days. Hicks v. Am. Integrity Ins. Co. of Florida, 2018 Fla. App. LEXIS 2616 (Fla. Ct. App. Feb. 23, 2018). Read the court decision
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    Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii
    Mr. Eyerly may be contacted at

    Loss of Use From Allegedly Improper Drainage System Triggers Defense Under CGL Policy

    February 28, 2018 —
    The Eleventh Circuit, in Mid-Continent Casualty Co. v. Adams Homes of Northwest Florida, Inc., No. 17-12660, 2018 WL 834896, at * 3-4 (11th Cir. Feb. 13, 2018) (per curiam), recently held under Florida law that a homebuilder’s alleged failure to implement a proper drainage system that allowed for neighborhood flooding triggered a general liability insurer’s duty to defend because the allegations involved a potentially covered loss of use of covered property. Reprinted courtesy of Katherine E. Miller, Hunton & Williams and Michael S. Levine, Hunton & Williams Ms. Miller may be contacted at Mr. Levine may be contacted at Read the court decision
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    Reprinted courtesy of

    CA Supreme Court Set to Rule on Important Occurrence Issue Certified by Ninth Circuit

    March 22, 2018 —
    The California Supreme Court recently heard oral arguments over whether an insurer is required to cover allegations that a builder negligently failed to supervise an employee who sexually assaulted a middle school student while working at the student’s school. The question was originally certified to the California Supreme Court by the Ninth Circuit in 2016, but nothing happened until the court heard arguments on March 6, 2018. Read the court decision
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    Reprinted courtesy of William S. Bennett, Saxe Doernberger & Vita, P.C.
    Mr. Bennett may be contacted at

    Connecting Construction Project Information: Open Technology Databases Improve Project Communication, Collaboration and Visibility

    March 14, 2018 —
    The construction industry has been plagued for decades with projects coming in over budget and behind schedule. There are many reasons this happens, but it ultimately comes down to just one thing – a lack of connected information. Today, gigabytes and even terabytes of data are generated on a project and housed in different systems that do not talk or share information, which creates a closed approach and inhibits collaboration. Data is siloed and only accessible to certain companies, departments or disciplines, which gives each project stakeholder a very limited view into the status of the project as they are making decisions. To be successful, the construction industry needs to free project data from closed systems. There must be a way to give all project stakeholders access to accurate information within the context of how it applies to the overall project that will empower everyone from owners to engineers to contractors to make timely, fully informed decisions that bring projects in on time and within budget. INTRODUCING THE OPEN TECHNOLOGY DATABASE The need for deep visibility into project information across systems and stakeholders has given rise in the construction industry to the open technology database. This approach enables project stakeholders to link the data in their existing software systems and connect that information into one centralized location. Project stakeholders can continue to use and maintain the data in their own systems while still feeding the information to the shared environment, which brings together critical project details, provides context for decisions and makes it easier for all parties to collaborate. Project stakeholders are now able to connect business data related to estimating, cost control, scheduling, contracts, purchasing, accounting and more. This creates a common data set across the project that can be quickly accessed and can easily be put in the hands of project decision makers. Innovative companies are taking this connectivity to a new level. They see the potential to use 3D models beyond simply the design aspects of a project and bring them into the activities of construction. Innovators are taking all the project information available in the shared environment and connecting it to the 3D model to create a comprehensive view of the project. Read the court decision
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    Reprinted courtesy of Andy Kayhanfar, Construction Executive, a Publication of Associated Builders and Contractors. All Rights Reserved