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    Claysville, Pennsylvania

    Pennsylvania Builders Right To Repair Current Law Summary:

    Current Law Summary: HB 1875 stipulates that “no later than 90 days before filing an action, serve written notice of claim on the contractor. Upon receipt of notice, builder has 15 days to forward the claim to any subcontractor/supplier and 30 days after service of notice to offer to compromise and settle the claim by monetary payment without inspection, propose to inspect the dwelling that is the subject of the claim; or reject the claim. Contractor has 14 days after inspection to provide written notice of intention.”

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    No state license required. For public works projects, see General Services website.

    Construction Expert Witness Contractors Building Industry
    Association Directory
    Building Industry Association of Lancaster
    Local # 3936
    204 Butler Ave Ste 200
    Lancaster, PA 17601

    Washington Co Builders Association
    Local # 3964
    30 E Beau St Room #321
    Washington, PA 15301

    Home Builders Association of Bucks & Montgomery Counties
    Local # 3945
    721 Dresher Road Suite 1200
    Horsham, PA 19044

    York County Builders Assn
    Local # 3972
    540 Greebriar Road
    York, PA 17404

    Home Builders Association of Chester & Delaware Co
    Local # 3941
    1502 McDaniel Dr
    West Chester, PA 19380

    Pennsylvania Builders Association
    Local # 3900
    600 N 12th St
    Lemoyne, PA 17043

    Building Industry Association of Philadelphia
    Local # 3946
    1735 Market St Ste A432
    Philadelphia, PA 19103

    Construction Expert Witness News and Information
    For Claysville Pennsylvania

    Design Immunity of Public Entities: Sometimes Designs, Like Recipes, are Best Left Alone

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    California Senator Proposes Bill to Require Contractors to Report Construction Defect Cases

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    Warranty Reform Legislation for Condominiums – Unfair Practices used by Developers and Builders to avoid Warranty Responsibility for Construction Defects in Newly Constructed Condominiums

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    Prison Contractors Did Not Follow the Law
    Corporate Profile


    Through over four thousand construction and design related expert witness designations, the Claysville, Pennsylvania Construction Expert Directory provides a streamlined multi-disciplinary expert retention and support solution to legal professionals and construction practice groups seeking effective resolution of construction defect and claims litigation. BHA provides construction related trial support and expert services to the building industry's most recognized companies, Fortune 500 builders, CGL carriers, risk managers, and a variety of municipalities. Employing in house resources which include construction standard of care consultants, registered architects, professional engineers, and credentialed building envelope experts, the firm brings regional experience and local capabilities to Claysville and the surrounding areas.

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    Construction Expert Witness News & Info
    Claysville, Pennsylvania

    Massachusetts Judge Holds That Insurer Breached Its Duty To Defend Lawsuit After Chemical Spill

    October 16, 2018 —
    A District Court Judge for the District of Massachusetts recently ruled that Ace Property and Casualty Insurance Co. breached its duty to defend its insured in a lawsuit brought by Plaistow Project, LLC, after a family owned laundromat leaked chemicals onto Plaistow Project’s property. Plaistow Project, LLC v. ACE Prop. & Cas. Ins. Co., No. 16-CV-11385-IT, 2018 WL 4357480, (D. Mass. Sept. 13, 2018). Plaistow Project sued State Line Laundry Services in state court, and ACE denied coverage under the pollution exclusion in State Line Laundry’s insurance policy. Plaistow Project then settled with State Line Laundry. Under the settlement terms, Plaistow Project was assigned State Line Laundry’s rights against ACE. In the subsequent coverage litigation, Plaistow Project alleged that ACE had breached its duty to defend State Line Laundry under its insurance policy. ACE argued that (1) the burden was on the policyholder to demonstrate that the policy’s “sudden and accidental” exception applied to the policy’s pollution exclusion; and (2) the policyholder could not show the “sudden and accidental” exception applied based on the complaint. Reprinted courtesy of Lawrence J. Bracken, II, Hunton Andrews Kurth and Alexander D. Russo, Hunton Andrews Kurth Mr. Bracken, may be contacted at Mr. Russo may be contacted at Read the court decision
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    Reprinted courtesy of

    Hawaii Federal District Court Rejects Insurer's Motion for Summary Judgment on Construction Defect Claims

    November 06, 2018 —
    Taking into consideration a "Revised Occurrence Endorsement," the federal district court determined the insurer had a duty to defend. Gemini Ins Co. v. Constrx Ltd., 2018 U.S. Dist. LEXIS 163453 (D. Haw. Sept. 24, 2018). Constrx Ltd. (CRX) contracted with the AOAO to perform remedial construction repairs to condominium buildings and apartment units. CRX asserted that it completed all work, including charge orders and punch list items and it left the site. CRX was paid less that the contract amount and demanded arbitration against the AOAO. In the arbitration the AOAO relied upon a report by Posard Brock & Associates (PBA) Report which set forth the AOAO's claims against CRX, including corrective work, remaining punch list work, construction delay costs, cost overruns, and other items justifying its payment than less that the contract amount. Read the court decision
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    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at

    California Contractor Spills Coffee on Himself by Failing to Stay Mechanics Lien Action While Pursuing Arbitration

    August 14, 2018 —
    It bugs the Mrs. that I have a habit of reading the directions. “Just plug the darn thing in!” said the Mrs. when we got a new coffee maker to replace our old one which we’ve had since I think before we were married (Life Lesson No. 347: Get a coffee maker you really, really like because they last forever). “But . . . the directions?,” I said. By the time I had finished reading the instruction manual I could smell the coffee brewing in the kitchen. Granted, the Mrs. is more practical than I am in many ways (e.g., “You know, you didn’t need to buy 10 cans of corn to get the 10 for $10 discount. I guess you’re going to be eating a lot of corn”). But still. What might have happened if there was a serious coffee mishap? And worrier as I may be mishaps can happen if you don’t read the directions. James Zenovic didn’t read the directions, and here’s his story . . . Von Becelaere Ventures, LLC v. Zenovic In Von Becelaere Ventures, LLC v. Zenovic, Case No. D072620 (June 6, 2018), James Zeonovic doing business as James Zeonovic Construction entered into a construction contract to build a single-family house for Von Becelaere Ventures, LLC in Laguna Beach, California. The construction contract included an arbitration provision that stated: If any dispute arises concerning this Contract or the interpretation thereof, of concerning construction of the Improvements, or the Limited Warranty, customer service, defects, damages, or obligations therewith (a “Construction Dispute”), such Construction Dispute will be settled by binding arbitration. Read the court decision
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    Reprinted courtesy of Garret Murai, Wendel, Rosen, Black & Dean LLP
    Mr. Murai may be contacted at

    Liability Insurer Precluded from Intervening in Insured’s Lawsuit

    September 17, 2018 —
    There are cases where I honestly do no fully understand the insurer’s position because it cannot have its cake and eat it too. The recent opinion in Houston Specialty Insurance Company v. Vaughn, 43 Fla. L. Weekly D1828a (Fla. 2d DCA 2018) is one of those cases because on one hand it tried hard to disclaim coverage and on the other hand tried to intervene in the underlying suit where it was not a named party. This case dealt with a personal injury dispute where a laborer for a pressure washing company fell off of a roof and became a paraplegic. The injured person sued the pressure washing company and its representatives. The company and representatives tendered the case to its general liability insurer and the insurer–although it provided a defense under a reservation of rights—filed a separate action for declaratory relief based on an exclusion in the general liability policy that excluded coverage for the pressure washing company’s employees (because the general liability policy is not a workers compensation policy). This is known as the employer’s liability exclusion that excludes coverage for bodily injury to an employee. The insurer’s declaratory relief action sought a declaration that there was no coverage because the injured laborer was an employee of the pressure washing company. The pressure washing company claimed he was an independent contractor, in which the policy did provide limited coverage pursuant to an endorsement. Read the court decision
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    Reprinted courtesy of David Adelstein, Kirwin Norris
    Mr. Adelstein may be contacted at

    State of Texas’ Claims Time Barred by 1982 Nuclear Waste Policy Act

    June 13, 2018 —
    On June 1, the U.S. Court of Appeals for the Fifth Circuit decided the case of State of Texas v. U.S., et al. The Court of Appeals held that the petition for mandamus filed by the State of Texas essentially seeking to compel the Nuclear Regulatory Commission (NRC) to establish a schedule for the operation of the Yucca Mountain, NV nuclear waste depository was untimely filed. The depository is very controversial in Nevada, and as a consequence, none of the many deadlines established by Congress have been met. Read the court decision
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    Reprinted courtesy of Anthony B. Cavender, Pillsbury Winthrop Shaw Pittman LLP
    Mr. Cavender may be contacted at

    Governmental Immunity Waived for Independent Contractor - Lopez v. City of Grand Junction

    September 17, 2018 —
    On July 12, 2018, the Colorado Court of Appeals announced its decision in Lopez v. City of Grand Junction, 2018 WL 3384674 (Colo. App. 2018). The Court considered whether immunity is waived under Colorado’s Governmental Immunity Act (“CGIA”), pursuant to section C.R.S. § 24-10-106(1)(f), in situations where the public entity hired an independent contractor to perform the work. The Court held that if the public entity would have been liable under the CGIA for the conduct that caused the injury, had it performed the work itself, then it is liable for the work performed by its independent contractor. Read the court decision
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    Reprinted courtesy of Frank Ingham, Higgins Hopkins McClain & Roswell, LLC
    Mr. Ingham may be contacted at

    Japan Quake Triggers Landslides, Knocks Power Plant Offline

    September 10, 2018 —
    A magnitude 6.7 earthquake occurred on the northern Japanese island of Hokkaido on Sept. 6, leaving at least seven dead and damaging buildings and structures in the region, including a 1,650MW coal-fired thermal power plant that was taken offline. Read the court decision
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    Reprinted courtesy of Jeff Rubenstone, ENR
    Mr. Rubenstone may be contacted at

    Jason Poore Receives 2018 Joseph H. Foster Young Lawyer Award

    July 21, 2018 —
    Jason Poore, an associate in the General Litigation Group, recently received the 2018 Joseph H. Foster Young Lawyer Award during the Philadelphia Association of Defense Counsel’s annual meeting. The Joseph H. Foster Young Lawyer Award honors “a young lawyer who best exemplifies the qualities of professionalism and dedication as defense counsel in the practice of law and in the promotion of the highest ideals of justice in the community." Jason continues to make significant contributions to the local bar and community. In addition to serving on the Executive Committee of the Philadelphia Bar Association Young Lawyers Division, he is the creator and Chair of the PBA's Youth Courts Committee. Read the court decision
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    Reprinted courtesy of Jason Poore, White and Williams LLP
    Mr. Poore may be contacted at