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    Holland, Indiana

    Indiana Builders Right To Repair Current Law Summary:

    Current Law Summary: According to SB45160, §IC 32-27-3-1&2 a claimant must provide written notice 60 days before filing an action. Within 21 days after service of the notice, the construction professional must serve a written response. Claimant must file list of known construction defects, description, and the construction professional responsible for each alleged defect (to the extent known).


    Building Consultant Contractors Licensing
    Guidelines Holland Indiana

    License required for plumbing. All other licensing is done at the local county level.


    Building Consultant Contractors Building Industry
    Association Directory
    Home Builders Association of Southern Indiana
    Local # 1566
    1601 Greentree Court
    Clarksville, IN 47129

    Holland Indiana Building Consultant 10/ 10

    Gibson Co Chapter
    Local # 1530
    PO Box 386
    Princeton, IN 47670
    Holland Indiana Building Consultant 10/ 10

    Builders Association of Dubois County
    Local # 1511
    1813 S A St
    Jasper, IN 47546

    Holland Indiana Building Consultant 10/ 10

    Southwestern Indiana Builders
    Local # 1524
    2175 N Cullen Avenue
    Evansville, IN 47715

    Holland Indiana Building Consultant 10/ 10

    Vincennes Area Chapter
    Local # 1563
    PO Box 531
    Vincennes, IN 47591
    Holland Indiana Building Consultant 10/ 10

    River Valley Chapter of National Associated Home Builders
    Local # 1576
    PO Box 365
    Hanover, IN 47243
    Holland Indiana Building Consultant 10/ 10

    Lawrence County Chapter
    Local # 1535
    201 Main Street c/o Hoosier Door
    Oolitic, IN 47451
    Holland Indiana Building Consultant 10/ 10


    Building Consultant News and Information
    For Holland Indiana


    Motion to Dismiss Insurer's Counterclaim for Construction Defects Is Granted

    Property Damage, Occurrences, Delays, Offsets and Fees. California Decision is a Smorgasbord of Construction Insurance Issues

    Purely “Compensatory” Debts Owed by Attorneys to Clients (Which Are Not Disciplinary or Punitive Fees Imposed by the State Bar) Are Dischargeable In Bankruptcy

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

    Possible Real Estate and Use and Occupancy Tax Relief for Philadelphia Commercial and Industrial Property Owners

    Affirmed: Insureds Bear the Burden of Allocating Covered Versus Uncovered Losses

    Steven Cvitanovic to Present at NASBP Virtual Seminar

    Why Is California Rebuilding in Fire Country? Because You’re Paying for It

    Quick Note: Aim to Avoid a Stay to your Miller Act Payment Bond Claim

    Sixth Circuit Finds No Coverage for Faulty Workmanship Under Kentucky Law

    BHA Has a Nice Swing: Firm Supports NCHV and Final Salute at 2017 WCC Seminar

    Toll Brothers Climbs After Builder Reports Higher Sales

    Appeals Court Affirms Civil Engineer Owes No Duty of Care to General Contractor

    TRI Pointe Merges with Weyerhaeuser’s Real Estate Company

    Water Bond Would Authorize $7.5 Billion for California Water Supply Infrastructure Projects

    Manhattan Luxury Condos Sit on Market While Foreign Buyers Wait

    Damages or Injury “Likely to Occur” or “Imminent” May No Longer Trigger Insurance Coverage

    Appraiser Declarations Inadmissible When Offered to Challenge the Merits of an Appraisal Award

    Contractors Sued for Slip

    Exact Dates Not Needed for Construction Defect Insurance Claim

    2018 Super Bowl US. Bank Stadium in Minneapolis

    Harmon Tower Opponents to Try Mediation

    Pacing in Construction Scheduling Disputes

    Builder Pipeline in U.S. at Eight-Year High: Under the Hood

    2011 West Coast Casualty Construction Defect Seminar – Recap

    The Law of Patent v Latent Defects

    Assembly Bill 1701 Contemplates Broader Duty to Subcontractor’s Employees by General Contractor

    City Covered From Lawsuits Filed After Hurricane-Damaged Dwellings Demolished

    Negligence of Property Appraiser

    Beyond the Disneyland Resort: Museums

    Baby Boomer Housing Deficit Coming?

    Finalists in San Diego’s Moving Parklet Design Competition Announced

    Sales of New U.S. Homes Rose More Than Forecast to End 2014

    Who Will Pay for San Francisco's $750 Million Tilting Tower?

    AB 1701 – General Contractor Liability for Subcontractors’ Unpaid Wages

    Contractors and Force Majeure: Contractual Protection from Hurricanes and Severe Weather

    Don MacGregor of Bert L. Howe & Associates Awarded Silver Star Award at WCC Construction Defect Seminar

    Waiving Workers’ Compensation Immunity for Indemnity: Demystifying a Common and Scary-Looking Contract Term

    Who Is To Blame For Defective — And Still LEED Certified — Courthouse Square?

    Appeals Court Rules that CGL Policy Doesn’t Cover Subcontractors’ Faulty Work

    Scaffolding Purchase Suggests No New Building for Board of Equalization

    Affordable Harlem Housing Allegedly Riddled with Construction Defects

    The Road to Rio 2016: Zika, Super Bacteria, and Construction Delays. Sounds Like Everything is Going as Planned

    Faulty Workmanship an Occurrence in Iowa – as Long as Other Property Damage is Involved

    South Carolina Homeowners May Finally Get Class Action for Stucco Defects

    Nebraska’s Prompt Pay Act for 2015

    Is Performance Bond Liable for Delay Damages?

    Interior Designer Licensure

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    Home Buyer May Be Third Party Beneficiary of Property Policy
    Corporate Profile

    HOLLAND INDIANA BUILDING CONSULTANT
    DIRECTORY AND CAPABILITIES

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

    Contract Change #1- Insurance in the A201 (law note)

    April 11, 2018 —
    Insurance– everyone needs it; everyone would just as soon not have to deal with it. I get it, I do. Attorneys, Insurance Agents– no one likes spending time with those folk! Good news though. The changes to the A201 mean that you may end up spending less time with both! The most important change to the Insurance requirements of the AIA contract is that most of it has moved to a new Exhibit. Why is this important? Instead of having to send the entire contract to your agent or broker, you can now send them only the section that they really need to review for compliance. This also means that if insurance policies change (as they surely will), the entire contract document does not need to be re-written– the Exhibit can be updated accordingly, leaving the rest of the A201 alone. Nice, right? This change was made to streamline insurance review and provide for that flexibility of the changing insurance market. Read the court decision
    Read the full story...
    Reprinted courtesy of Melissa Dewey Brumback, Ragsdale Liggett PLLC
    Ms. Brumback may be contacted at mbrumback@rl-law.com

    “But I didn’t know what I was signing….”

    May 30, 2018 —
    In real estate cases—which frequently involve long purchase agreements, loan documents, personal guarantees, deeds of trust, etc.—we’ve likely all had a client or opposing party who trots out the line that they didn’t know what they were signing, or they didn’t read or understand what they were signing, so the document shouldn’t be enforced according to its terms. Most of us instinctively believe the claim is a loser: You signed the document, you’re bound by it. But is this actually right? Well, we did some digging. Here is the Arizona law on the subject: Nationwide Resources Corp. v. Massabni, 134 Ariz. 557, 658 P.2d 210 (App. 1982):
    “A mistake of only one of the parties to a contract in the expression of his agreement or as to the subject matter does not affect its binding force and ordinarily affords no ground for its avoidance, or for relief, even in equity.” “A manifestation of acceptance to the offeror or his agent forms a contract regardless of the intent of the acceptor.”
    Read the court decision
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    Reprinted courtesy of Bobby Kethcart, Snell & Wilmer
    Mr. Kethcart may be contacted at rkethcart@swlaw.com

    Florida Extends Filing Time for Claims Subject to the Statute of Repose

    June 13, 2018 —
    Under Florida’s construction-related statute of repose, Fla. Stat. § 95.11, actions based on the design, planning or construction of an improvement to real property are barred if not commenced within 10 years after the later of several possible dates, including the date of actual possession by the owner and the date of the issuance of a certificate of occupancy. The Florida Legislature recently amended the statute to extend the time within which defendants subject to a suit filed close to the end of the 10-year period can file claims. Under the revised law, a defendant can file “counterclaims, cross-claims and third-party claims up to 1 year after the pleading to which such claims relate is served.” Regardless of when the cause of action at issue accrued, the law applies to actions commenced on or after July 1, 2018, except that any action that would not have been barred under Fla. Stat. § 95.11(3)(c) prior to the amendment may be commenced before July 1, 2019. The revised law provides relief to defendants because, under the prior law, they had to file claims against other potentially responsible third parties before the expiration of the statute of repose. Under the new law, defendants can bring third parties into the action after the expiration of the 10-year statute of repose period. Read the court decision
    Read the full story...
    Reprinted courtesy of William L. Doerler, White and Williams LLP
    Mr. Doerler may be contacted at doerlerw@whiteandwilliams.com

    Property Owner Entitled to Rely on Zoning Administrator Advice

    May 16, 2018 —
    In the recent case of In Re Langlois/Novicki Variance Denial, 175 A.3d 1222, 2017 VT 76 (2017), the Vermont court addressed the question of whether a property owner could enforce – by equitable estoppel principles – a representation by a town zoning administrator that no permit or variance was needed for the property owner’s proposed construction. In that case, a landowner wanted to add a pergola to an existing concrete patio on his land. During a social visit at the property, the property owner asked the town zoning administrator if he needed a permit. The town zoning administrator told the property owner that no permit was needed. The property owner thereafter showed the zoning administrator a sketch of the planned construction, and again asked if a permit was required. The town zoning administrator looked at the sketch and repeated his prior advice that no permit was needed. The property owner then spent $33,000 to build the pergola. After incurring the expense, the property owner was advised that the structure violated zoning regulations. The property owner requested a variance, which the zoning board denied. The Court held that the town was estopped from requiring removal of the pergola. Read the court decision
    Read the full story...
    Reprinted courtesy of Kevin J. Parker, Snell & Wilmer
    Mr. Parker may be contacted at kparker@swlaw.com

    Making the Construction Industry a Safer place for Women

    February 22, 2018 —
    Women make up 47 percent of the total U.S. workforce yet they only hold approximately 9 percent of construction jobs nationwide. Because of this minority, women endure health and safety issues that men usually don’t, according to Safety.BLR.com’s article “OSHA renews alliance to protect women in construction.” The main areas that women face problems in the construction industry are healthy, safety and workplace culture. Women are potentially exposed to sexual harassment, demeaning remarks, and bodily assaults. Most of personal protective equipment (PPE) and tools are made for the typical male body to use and operate and are too heavy or oversized for many women. The National Association of Women in Construction (NAWIC) partnered with OSHA in 2013 and just renewed their alliance aiming to improve upon workplace intimidation and violence as well as sanitation and PPE. The partnership is committed “to providing NAWIC members and others with information, guidance, and access to training resources that will help them protect the health and safety of workers, and understand the rights of workers and the responsibilities of employers under the Occupational Safety and Health Act (OSH Act).” This will be achieved by the implementation of national rules, laws, and standards as well as the circulation of preventative information. Read the court decision
    Read the full story...
    Reprinted courtesy of

    Beyond the Disneyland Resort: Special Events

    May 03, 2018 —
    Want to exchange your mouse ears for a baseball cap? The Los Angeles Angels of Anaheim are home May 13th through the 20th. See the Angels play Houston on the 16th or Tampa Bay on the 17th or 18th. The House of Blues of Anaheim has moved out of Downtown Disney. Concerts you may want to attend there include VHS Collection on 5/16 at 7pm, Party Like It’s 1999! A Prince Tribute Party at 7pm on 5/18 or Life of Agony also at 5/18 at 7pm. If you’re still in town on Saturday, 5/19, you can check out School of Rock Tustin at 10am. Soulfly & Nile will be playing at the City National Grove of Anaheim on Friday, 5/18 at 6:30pm. Read the court decision
    Read the full story...
    Reprinted courtesy of

    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
    Read the full story...
    Reprinted courtesy of Luke Mecklenburg, Snell & Wilmer
    Mr. Mecklenburg may be contacted at lmecklenburg@swlaw.com

    Forecast Sunny for Solar Contractors in California

    June 06, 2018 —
    On May 9, the California Energy Commission announced that it has “adopted building standards that require solar photovoltaic systems starting in 2020.” The 2019 Building Energy Efficiency Standards are expected to “reduce greenhouse gas emissions by an amount equivalent to taking 115,000 fossil fuel cars off the road.” California will be the first in the nation to require solar. The new standards take effect on January 1, 2020. Read the court decision
    Read the full story...
    Reprinted courtesy of Amy L. Pierce, Pillsbury Winthrop Shaw Pittman LLP
    Ms. Pierce may be contacted at amy.pierce@pillsburylaw.com