BERT HOWE
  • Nationwide: (800) 482-1822    
    production housing expert witness Port Alexander Alaska industrial building expert witness Port Alexander Alaska multi family housing expert witness Port Alexander Alaska hospital construction expert witness Port Alexander Alaska office building expert witness Port Alexander Alaska structural steel construction expert witness Port Alexander Alaska casino resort expert witness Port Alexander Alaska Medical building expert witness Port Alexander Alaska housing expert witness Port Alexander Alaska mid-rise construction expert witness Port Alexander Alaska custom home expert witness Port Alexander Alaska parking structure expert witness Port Alexander Alaska townhome construction expert witness Port Alexander Alaska condominium expert witness Port Alexander Alaska custom homes expert witness Port Alexander Alaska low-income housing expert witness Port Alexander Alaska concrete tilt-up expert witness Port Alexander Alaska institutional building expert witness Port Alexander Alaska landscaping construction expert witness Port Alexander Alaska tract home expert witness Port Alexander Alaska condominiums expert witness Port Alexander Alaska high-rise construction expert witness Port Alexander Alaska
    Arrange No Cost Consultation
    Construction Expert Witness Builders Information
    Port Alexander, 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.


    Construction Expert Witness Contractors Licensing
    Guidelines Port Alexander Alaska

    Commercial and Residential Contractors License Required


    Construction Expert Witness Contractors Building Industry
    Association Directory
    Southern Southeast Alaska Building Industry Association
    Local # 0240
    PO Box 6291
    Ketchikan, AK 99901
    http://www.sealaskabuilders.com

    Northern Southeast Alaska Building Industry Association
    Local # 0225
    9085 Glacier Highway Ste 202
    Juneau, AK 99801
    http://www.seabia.com

    Kenai Peninsula Builders Association
    Local # 0233
    PO Box 1753
    Kenai, AK 99611
    http://www.kenaipeninsulabuilders.com

    Home Builders Association of Alaska
    Local # 0200
    8301 Schoon St Ste 200
    Anchorage, AK 99518
    http://www.buildersofalaska.com

    Home Builders Association of Anchorage
    Local # 0215
    8301 Schoon St Ste 200
    Anchorage, AK 99518
    http://www.buildersofalaska.com

    Mat-Su Home Builders Association
    Local # 0230
    609 S KNIK GOOSE BAY RD STE G
    Wasilla, AK 99654
    http://www.matsuhomebuilders.com

    Interior Alaska Builders Association
    Local # 0235
    938 Aspen Street
    Fairbanks, AK 99709
    http://www.InteriorABA.com


    Construction Expert Witness News and Information
    For Port Alexander Alaska

    Harlem Developers Reach Deal with Attorney General

    The CA Supreme Court Grants Petition for Review of McMillin Albany LLC v. Super Ct. 2015 F069370 (Cal.App.5 Dist.) As to Whether the Right to Repair Act (SB800) is the Exclusive Remedy for All Defect Claims Arising Out of New Residential Construction

    Florida Lien Law and Substantial Compliance vs. Strict Compliance

    Quick Note: Attorney’s Fees and the Significant Issues Test

    Miller Act Bond Claims Subject to “Pay If Paid”. . . Sometimes

    Denver Condo Development Increasing, with Caution

    Hawaii Supreme Court Construes Designated Premises Endorsement In Insured's Favor

    Sixth Circuit Holds that Some Official Actions Taken in the “Flint Water Crisis” Could Be Constitutional Due Process Violations

    Pennsylvania Sues Firms to Recoup Harrisburg Incinerator Losses

    California Court of Appeal Adopts Horizontal Exhaustion Rule

    Hundreds of Snakes Discovered in Santa Ana Home

    Manhattan Trophy Home Sellers Test Buyer Limits on Price

    Housing Affordability Down

    Window Installer's Alleged Faulty Workmanship On Many Projects Constitutes Multiple Occurrences

    Union Handbilling: When, Where, and Why it is Legal

    California Assembly Bill Proposes an End to Ten Year Statute of Repose

    Anatomy of a Construction Dispute- An Alternative

    The Overlooked Nevada Rule In an Arena Project Lawsuit

    Quick Note: Charting Your Contractual Rights With Respect To The Coronavirus

    To Bee or Not to Bee - CA Court Finds Denial of Coverage Based on Exclusion was Premature Where Facts had not been Judicially Determined

    Trump Abandons Plan for Council on Infrastructure

    CA Senate Report States Caltrans ‘Gagged and Banished’ its Critics

    New Jersey School Blames Leaks on Construction Defects, May Sue

    GAO Sustains Unsupported Past Performance Evaluation and Unequal Discussion Bid Protest

    Businesspeople to Nevada: Revoke the Construction Defect Laws

    Construction Attorneys Tell DBR that Business is on the Rise

    Illinois Supreme Court Holds That the Implied Warranty of Habitability Does Not Extend to Subcontractors

    Zillow Seen Dominating U.S. Home Searches with Trulia

    New World Cup Stadiums Failed at their First Trial

    Colorado Court of Appeals Enforces Limitations of Liability In Pre-Homeowner Protection Act Contracts

    This New Indicator Shows There's No Bubble Forming in U.S. Housing

    Contract Change # 10: Differing Site Conditions (law note)

    Approaches to Managing Job Site Inventory

    What Made the Savannah Harbor Upgrade So Complicated?

    Quick Note: Mitigation of Damages in Contract Cases

    Measure of Damages in Negligent Procurement of Surety Bonds / Insurance

    DoD Will Require New Cybersecurity Standards in 2020: Could Other Agencies Be Next?

    #9 CDJ Topic: Vallagio at Inverness Residential Condominium Association, Inc. v. Metropolitan Homes, Inc., et al.

    Manhattan Vacancies Rise in Epicenter Shift: Real Estate

    Inside New York’s Newest Architectural Masterpiece for the Mega-Rich

    A Court-Side Seat: Waters, Walls and Pipelines

    Insurance Coverage Litigation Section to Present at Hawaii State Bar Convention

    Trump, Infrastructure and the Construction Industry

    Court Rules that Damage From Squatter’s Fire is Not Excluded as Vandalism or Malicious Mischief

    6,500 Bridges in Ohio Allegedly Functionally Obsolete or Structurally Deficient

    When is a Contract not a Contract?

    SIGAR Report Finds +$15 Billion in “Waste, Fraud and Abuse” in Afghanistan

    COVID-19 Response: Environmental Compliance Worries in the Time of Coronavirus

    Shoring of Problem Girders at Salesforce Transit Center Taking Longer than Expected

    Force Majeure, Construction Delays, Labor Shortages and COVID-19
    Corporate Profile

    PORT ALEXANDER ALASKA CONSTRUCTION EXPERT WITNESS
    DIRECTORY AND CAPABILITIES

    Leveraging from approximately five thousand construction and design related expert designations, the Port Alexander, Alaska Construction Expert Directory provides a single point of reference for construction defect and claims related support to attorneys and construction practice groups concerned with construction defect and claims matters. BHA provides construction claims and trial support services to the industry's most recognized construction attorneys, Fortune 500 builders, CGL carriers, owners, as well as a variety of public entities. In connection with regional assets which comprise credentialed construction consultants, NCARB certified architects, forensic engineers, building envelope and design experts, the organization brings national experience and local capabilities to Port Alexander and the surrounding areas.

    Port Alexander Alaska expert witness commercial buildingsPort Alexander Alaska construction claims expert witnessPort Alexander Alaska construction expert witnessPort Alexander Alaska multi family design expert witnessPort Alexander Alaska engineering consultantPort Alexander Alaska consulting general contractorPort Alexander Alaska hospital construction expert witness
    Construction Expert Witness News & Info
    Port Alexander, Alaska

    Contractor’s Claim for Interest on Subcontractor’s Defective Work Claim Gains Mixed Results

    April 27, 2020 —
    This case concerns calculation of a damages award to a general contractor, Skanska USA Building, Inc., on its claim for breach of contract against its masonry subcontractor, J.D. Long Masonry, Inc., arising from Long’s faulty construction of a masonry façade at a medical research facility in Baltimore. When the façade collapsed and Long failed to repair it, Skanska hired a replacement subcontractor, C.A. Lindman, to remediate Long’s defective work and filed suit against Long to recover the resulting damages. After the court granted Skanska’s motion for summary judgment as to liability, Skanska moved for summary judgment on the issue of damages, relying on the indemnification provision of the subcontract to seek compensatory damages, pre- and post-judgment interest, and litigation fees. In the subcontract, Long agreed to indemnify and hold Skanska harmless from all claims, losses, costs and expenses, including attorneys’ fees, arising before or after completion of Long’s work, caused by, arising out of, resulting from, or occurring in connection with Long’s performance of the work or breach of the subcontract. The court first applied the terms of this provision to award Skanska compensatory damages, holding that Skanska was, as a matter of law, entitled to recover the amount of the Lindman subcontract and general conditions incurred to supervise remediation of Long’s work. The court, however, denied Skanska’s claim for pre-judgment interest on the entirety of these damages. Skanska asserted that it was entitled to pre-judgment interest on the full award, calculated from the date on which it first paid Lindman. The court disagreed, explaining that, under Maryland law, a claimant is entitled to an award of pre-judgment interest as of right only when the amount due is certain, definite and liquidated by a specific date prior to judgment. The court reasoned that, because much of the Lindman subcontract value was composed of later-executed change orders, an award of pre-judgment interest could not be uniformly calculated back to the date of Skanska’s first payment to Lindman. And moreover, because Skanska continued to withhold sums due to Lindman pending resolution of certain issues, awarding Skanska pre-judgment interest on amounts it had not yet paid would result in a “windfall” to Skanska because there was no “use of income” loss to be compensated. Read the court decision
    Read the full story...
    Reprinted courtesy of John J. Gazzola, Pepper Hamilton LLP
    Mr. Gazzola may be contacted at gazzolaj@pepperlaw.com

    Ahlers, Cressman & Sleight PLLC Ranked Top Washington Law Firm By Construction Executive

    July 06, 2020 —
    ACS is proud to announce that in its review of the top 50 national construction law firms, Construction Executive has ranked ACS as the top 23rd national firm, and first among firms with a majority of their attorneys based in Washington. Now in its 18th year of publication, Construction Executive is the leading trade magazine about the business of construction. In its June 2020 issue, CE published a comprehensive ranking of The Top 50 Construction Law Firms™ featuring breakouts and analysis accompanied by an article in which leading legal experts discuss the impact of the COVID-19 pandemic on the construction industry. To determine the 2020 ranking, CE asked hundreds of US law firms with a construction practice to complete a survey. Data collected included: 1) 2019 revenues from the firm’s construction practice; 2) number of attorneys in the firm’s construction practice; 3) percentage of firm’s total revenues derived from its construction practice; 4) number of AEC clients; and 5) the year in which the construction practice was established. The ranking was determined by an algorithm that weighted the aforementioned factors in descending order of importance. Read the court decision
    Read the full story...
    Reprinted courtesy of Joshua Lane, Ahlers Cressman & Sleight Blog
    Mr. Lane may be contacted at joshua.lane@acslawyers.com

    Corps Proposes $4.6B Plan to Steel Miami for Storm Surge

    June 22, 2020 —
    A $4.6-billion U.S. Army Corps of Engineers proposal to protect Miami from future storm surge, largely by building massive sea walls and elevating infrastructure systems, is the latest of such plans the agency has developed for East Coast communities. Pam Radtke Russell, Engineering News-Record Ms. Russell may be contacted at Russellp@bnpmedia.com Read the full story... Read the court decision
    Read the full story...
    Reprinted courtesy of

    If You Don’t Like the PPP Now, Wait a Few Minutes…Major Changes to PPP Loan Program as Congress Passes Payroll Protection Program Flexibility Act

    July 27, 2020 —
    On June 5, 2020, President Trump signed into law the Payroll Protection Program Flexibility Act of 2020 (the Flexibility Act). The Flexibility Act provides much-needed flexibility for the Paycheck Protection Program (PPP) and its millions of business participants. The PPP offers loans to small businesses that have been adversely impacted by the COVID-19 pandemic and the measures taken by various governmental authorities to stem the spread of the virus so that they could keep their employees on the payroll during an eight-week period after receiving the funds. The PPP was particularly alluring to borrowers because the loans could be forgiven. But as the duration of lockdown orders and the accompanying economic aftershocks have extended longer than initially anticipated, particularly in those sectors that depend on in-person business such as restaurants, hospitality and other “main street” retail establishments, many recipients of PPP loans have found it challenging to use the PPP funds for payroll and other authorized purposes within the eight-week period after they had received the PPP funds, as is necessary to preserve eligibility for forgiveness. The Flexibility Act makes several key changes to the PPP program in order to allow borrowers who need a longer re-opening runway to do so without jeopardizing their ability to qualify for loan forgiveness. This alert outlines the key changes to the PPP made by the Flexibility Act. Reprinted courtesy of Ryan J. Udell, White and Williams LLP and Adam J. Chelminiak, White and Williams LLP Mr. Udell may be contacted at udellr@whiteandwilliams.com Mr. Chelminiak may be contacted at chelminiaka@whiteandwilliams.com; Read the court decision
    Read the full story...
    Reprinted courtesy of

    BIOHM Seeks to Turn Plastic Waste into Insulation Material with Mushrooms

    July 27, 2020 —
    BIOHM is a research and development led UK start-up that aims to revolutionize the construction industry with its bio-based materials. Among their products are insulation panels made from mycelium, the root formations of fungi. Recently, the company discovered that certain fungal species can consume plastic as a food source. This invention could bring about new construction materials that originate from plastic waste. “Evolving from eating leaf matter and the odd bit of tree bark, to eating plastic might seem like a huge jump, but for certain fungi, it can actually happen very quickly. The inhabitants of the microbial world are far more genetically flexible than humans, able to evolve and adapt to their environment within a generation, constantly modifying and improving upon their genome to maximize their productivity,” says Samantha G.R. Jenkins, Lead Biotechnology Engineer. Read the court decision
    Read the full story...
    Reprinted courtesy of Aarni Heiskanen, AEC Business
    Mr. Heiskanen may be contacted at aec-business@aepartners.fi

    'There Was No Fighting This Fire,' California Survivor Says

    September 14, 2020 —
    Berry Creek, Calif. (AP) -- John Sykes built his life around his cabin in the dense woods of Northern California. He raised his two children there, expanded it and improved it over time and made it resilient to all kinds of disaster except fire. So when the winds started howling Tuesday and the skies became so dark from smoke that he had to turn on his lights at midday, he didn’t hesitate to leave it all behind in an instant before any evacuation order. With the disaster two years ago in nearby Paradise, in which 85 people perished in the deadliest and most destructive fire in modern state history, still fresh on his mind, Sykes got his wife and a friend into his car and left with only a change of clothes each. “All I could do is look in the rear view mirror and see orange sky and a mushroom cloud and that told me it was hot and to keep going,” Sykes said Friday. “It was a terrifying feeling.” Read the court decision
    Read the full story...
    Reprinted courtesy of Bloomberg

    Separation of Insureds Provision in CGL Policies

    August 31, 2020 —
    CGL policies contain a “Separation of Insureds” provision. This provision oftentimes states:
      Except with respect to the Limits of Insurance, and any rights or duties specifically assigned this Coverage Part to the first Named Insured, this insurance applies:
    1. As if each named insured were the only Named Insured; and
    2. Separately to each insured against whom claim is made or “suit” is brought.
    This provision is designed to “create separate insurable interests in each individual insured under a policy, such that the conduct of one insured will not necessarily exclude coverage for all other insured.” Evanson Ins. Co. v. Design Build Interamerican, Inc., 569 Fed.Appx. 739 (11th Cir. 2014). This provision also allows one insured under the policy (e.g., additional insured) to sue another (e.g., named insured) without violating potential coverage because there are separate insurable interests. This is a valuable provision in CGL policies. Read the court decision
    Read the full story...
    Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
    Mr. Adelstein may be contacted at dma@kirwinnorris.com

    CCPA Class Action Lawsuits Are Coming. Are You Ready?

    March 23, 2020 —
    The only certainties in life used to be death and taxes. In 2020, it would be safe to add California Consumer Privacy Act (CCPA) class actions to that "distinguished" list. On February 3, Barnes v. Hanna Andersson, LLC, N.D. Cal., Case No. 20-cv-00812, was filed in the Northern District of California, setting in motion the certainty that CCPA class actions are on their way, if not already here.* Filed on behalf of all California residents, the Barnes complaint alleges that between September and November 2019, clothing retailer Hanna Andersson and Salesforce, its online payment services provider, failed to properly safeguard the personally identifiably information (PII) of its customers after hackers stole customers' private information and posted it to the dark web for sale. What You Need to Know
    • Under the CCPA, a data breach is any unauthorized access, theft or disclosure of a consumer's non-encrypted and non-redacted personal information that results from a company's failure to implement and maintain "reasonable" security procedures and practices. Here, the complaint alleges that the defendants failed to maintain reasonable security procedures and practices in order to protect the consumers' PII.
    • Although the CCPA is largely viewed as new law related to California consumers' privacy rights (and placement of subsequent obligations to companies doing business in California), the CCPA includes potentially draconian damages for a data breach permitted by unreasonable cybersecurity. Under the new law, an individual need not show any actual harm caused by a data breach, yet he/she may seek statutory fines of up to $750 per incident per individual in the event of a breach. Plaintiffs estimate that at least 10,000 California residents could have been affected by this breach, thereby exposing defendants to up to $7.5 million dollars in damages if proven true.
    • There exists a duty to monitor and ensure that third party organizations are properly safeguarding a company's data. During the course of the investigation into the breach, it was discovered that the Salesforce ecommerce platform was infected with malware which allowed the hackers to steal consumers' PII from Hanna Andersson's website.
    • The CCPA went into effect on January 1, 2020, yet enforcement by the California Attorney General is not allowed until July 2020. However, no such delay is required for private litigation under the data breach portion of the CCPA. Interestingly, although the complaint alleges that the data breach occurred in 2019, the court could choose to apply the CCPA but that is still yet to be determined.
    While Barnes may be the first class action lawsuit to mention violation of the CCPA, it certainly will not be the last. In fact, numerous class actions lawsuits have been filed in the new year which either mention the CCPA or utilize CCPA-like language to style particular claims. As such, it is evident that the Plaintiffs' bar sees the CCPA as a potential for extensive class action litigation. Expect to see an ongoing deluge of class action litigation in California under the data breach portions of the CCPA. In addition, although the Barnes' plaintiffs may not be able to invoke the CCPA due to the data breach occurring in 2019 (before the CCPA took affect), Barnes serves as a stark reminder that implementing and maintaining reasonable data security is vital to defend a business against CCPA claims. Newmeyer Dillion can assist companies analyze their cyber risk profile, and provide access to experienced forensic teams which can ensure reasonable security exists in your organization. *While Barnes does not yet expressly state a cause of action under the CCPA, relying upon violations of the California Unfair Competition Law in its place, we anticipate that an amendment will soon be filed to include a CCPA claim. Daniel Schneider is a Partner in Newmeyer Dillion's Privacy & Data Security group. Focused on advocating on behalf of clients when cyber threats inevitably happen, Dan also advises on best practices to help protect the company and mitigate future concerns. Dan can be reached at daniel.schneider@ndlf.com. Jeff Dennis (CIPP/US) is the Head of the firm's Privacy & Data Security practice. Jeff works with the firm's clients on cyber-related issues, including contractual and insurance opportunities to lessen their risk. For more information on how Jeff can help, contact him at jeff.dennis@ndlf.com. About Newmeyer Dillion For 35 years, Newmeyer Dillion has delivered creative and outstanding legal solutions and trial results that achieve client objectives in diverse industries. With over 70 attorneys working as a cohesive team to represent clients in all aspects of business, employment, real estate, environmental/land use, privacy & data security and insurance law, Newmeyer Dillion delivers holistic and integrated legal services tailored to propel each client's success and bottom line. Headquartered in Newport Beach, California, with offices in Walnut Creek, California and Las Vegas, Nevada, Newmeyer Dillion attorneys are recognized by The Best Lawyers in America©, and Super Lawyers as top tier and some of the best lawyers in California and Nevada, and have been given Martindale-Hubbell Peer Review's AV Preeminent® highest rating. For additional information, call 949.854.7000 or visit www.newmeyerdillion.com. Read the court decision
    Read the full story...
    Reprinted courtesy of