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    Slocomb, Alabama

    Alabama Builders Right To Repair Current Law Summary:

    Current Law Summary: Although there is case law precedent for right to repair, Title 6 Article 13A states action must be commenced within 2 years after cause and not more than 13 years after completion of construction.


    Construction Expert Witness Contractors Licensing
    Guidelines Slocomb Alabama

    Commercial and Residential Contractors License Required.


    Construction Expert Witness Contractors Building Industry
    Association Directory
    Home Builders Association of Dothan & Wiregrass Area
    Local # 0132
    PO Box 9791
    Dothan, AL 36304


    Enterprise Home Builders Association
    Local # 0133
    PO Box 310861
    Enterprise, AL 36331


    Home Builders Association of Metro Mobile Inc
    Local # 0156
    1613 University Blvd S
    Mobile, AL 36609
    http://www.hbamm.com

    Baldwin County Home Builders Association
    Local # 0184
    916 PLantation Blvd
    Fairhope, AL 36532
    http://www.BCHBA.com

    South Alabama Home Builders Association
    Local # 0102
    PO Box 190
    Greenville, AL 36037


    Home Builders Association of Alabama
    Local # 0100
    PO Box 241305
    Montgomery, AL 36124
    http://www.hbaa.org

    Greater Montgomery Home Builders Association
    Local # 0164
    6336 Woodmere Blvd
    Montgomery, AL 36117
    http://www.gmhba.org


    Construction Expert Witness News and Information
    For Slocomb Alabama

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    Corporate Profile

    SLOCOMB ALABAMA CONSTRUCTION EXPERT WITNESS
    DIRECTORY AND CAPABILITIES

    Drawing from more than 4500 construction, architectural, and engineering related expert designations, the Slocomb, Alabama Construction Expert Directory delivers a superior construction and design expert support solution to builders and construction practice groups seeking effective resolution of construction defect, scheduling, and delay matters. BHA provides construction related litigation support and expert witness services to the industry's leading construction practice groups, Fortune 500 builders, real estate investment trusts, risk managers, owners, as well as a variety of municipalities and government offices. Employing in house assets which include registered architects, professional engineers, licensed general and specialty contractors, the construction experts group brings specialized experience and local capabilities to Slocomb and the surrounding areas.

    Slocomb Alabama architectural expert witnessSlocomb Alabama construction expert witness consultantSlocomb Alabama architect expert witnessSlocomb Alabama building code compliance expert witnessSlocomb Alabama construction defect expert witnessSlocomb Alabama construction claims expert witnessSlocomb Alabama construction safety expert
    Construction Expert Witness News & Info
    Slocomb, Alabama

    Federal Miller Act Payment Bond Claim: Who Gets Paid and Who Does Not? What Are the Deadlines?

    September 16, 2019 —
    When working on federal public works construction projects there are no Stop Payment Notice or Mechanics Lien remedies available to protect subcontractors’ and suppliers’ right to payment. Instead, unpaid subcontractors and suppliers must resort to making a claim for payment under a federal law known as the AMiller Act@ (40 USCS 3131 et seq.). Many claimants however, do not realize that the right to make a Miller Act claim is not available to all subcontractors and suppliers. Before committing to performing work on a federal project it is important for subcontractors and suppliers to understand whether or not a Miller Act claim will be available. For those who have no Miller Act rights, careful consideration must be given to whether it is worth the risk to take on the project. For those who have valid Miller Act claim rights, important deadlines must be considered. Who Gets Paid Under a Miller Act and Who Does Not For federal projects in excess of $100,000, contractors who have a contract directly with the Federal Government must obtain Miller Act Payment Bond intended for the protection of Subcontractors, laborers and material suppliers to the project. As a general rule, every subcontractor, laborer, or material supplier who deals directly with the prime contractor and is unpaid may bring a lawsuit for payment against the Miller Act Payment Bond. Further, every unpaid subcontractor, laborer, or material supplier who has a direct contractual relationship with a first-tier subcontractor may bring such an action. The deadlines for these claims are described below. Read the court decision
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    Reprinted courtesy of William L. Porter, Porter Law Group
    Mr. Porter may be contacted at bporter@porterlaw.com

    Florida’s Citizens Property Insurance May Be Immune From Bad Faith, But Is Not Immune From Consequential Damages

    July 15, 2019 —
    A coverage dispute arising as a result of property damage from Hurricane Frances, which occurred in 2004, will continue following a Florida appellate court decision in an action brought against Citizens Property Insurance Corp. The insureds, Manor House, LLC, Ocean View, LLC, and Merrit, LLC, presented a claim to Citizens for damage sustained at nine apartment buildings as a result of Hurricane Florence. After payments for a portion of the property damage were sustained, Citizens continued to dispute the full amount due. Meanwhile, the insureds suffered lost rental income because of the delay. Ultimately, the insureds filed suit against Citizens alleging, among other things, breach of contract and fraud, and sought to recover extra-contractual damages for loss of rental income due to the delay in adjusting and repairing the damaged property. The trial court granted Citizens’ motion for partial summary judgment on several issues, including Citizens’ motion for partial summary judgment regarding appraiser and umpire fees; motion for partial summary judgment to prevent the insureds from pursuing a claim for extra-contractual, consequential damages; and motion for judgment on the pleadings on the insured’s claim for fraud. Reprinted courtesy of Hunton Andrews Kurth attorneys Michael S. Levine, Andrea DeField and Daniel Hentschel Mr. Levine may be contacted at mlevine@HuntonAK.com Ms. DeField may be contacted at adefield@HuntonAK.com Mr. Hentschel may be contacted at dhentschel@HuntonAK.com Read the court decision
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    Reprinted courtesy of

    Buy American Under President Trump: What to Know and Where We’re Heading

    August 20, 2019 —
    On January 31, 2019, President Trump signed an Executive Order on Strengthening Buy-American Preferences for Infrastructure Projects, placing continued emphasis on the importance of “the use of goods, products, and materials produced in the United States.” This order builds upon the President’s “Buy American, Hire American” Executive Order, which he issued in April of 2017. The 2017 Order increased enforcement of standing Buy American laws and called for federal agencies to explore new possibilities regarding domestic preferences. In part, the 2017 Order required every agency to “scrupulously monitor, enforce, and comply with Buy American laws,” and to minimize the use of waivers of these laws. The 2019 Order instructs federal agencies to develop rules to encourage contractors to comply with these preferences to the maximum extent practicable in any infrastructure project that receives any indirect federal government assistance. This includes recipients of loans, loan guarantees, grants, insurance subsidies or other forms of financing. Read the court decision
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    Reprinted courtesy of Jamie Oberg, Peckar & Abramson, P.C.
    Ms. Oberg may be contacted at joberg@pecklaw.com

    Quick Note: Don’t Forget To Serve The Contractor Final Payment Affidavit

    July 30, 2019 —
    If you are a contractor in DIRECT CONTRACT with an owner, serve a contractor final payment affidavit on the owner, as a matter of course, and without any undue delay, particularly if you are owed money and have recorded a construction lien. In numerous circumstances, I like to serve the contractor final payment affidavit with the construction lien. The contractor final payment affidavit is not a meaningless form. It is a statutory form (set forth in Florida Statute s. 713.06) required to be filled out by a lienor in direct privity of contract with an owner and served on the owner at least 5 days prior to the lienor foreclosing its construction lien. The contractor final payment affidavit serves as a condition precedent to foreclosing a construction lien. Failure to timely serve a contractor final payment affidavit should result in a dismissal of the lien foreclosure lawsuit, presumably by the owner moving for a motion for summary judgment. This should not occur. Read the court decision
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    Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
    Mr. Adelstein may be contacted at dma@kirwinnorris.com

    Consequential Damages Can Be Recovered Against Insurer In Breach Of Contract

    July 22, 2019 —
    In a favorable case for insureds, the Fifth District Court of Appeal maintained that “when an insurer breaches an insurance contract, the insured is entitled to recover more than the pecuniary loss involved in the balance of the payments due under the policy in consequential damages, provided the damages were in contemplation of the parties at the inception of the [insurance] contract.” Manor House, LLC v. Citizens Property Insurance Corp., 44 Fla. L. Weekly D1403b (Fla. 5thDCA 2019) (internal citations and quotation omitted). Thus, consequential damages can be recovered against an insurer in a breach of contract action (e.g., breach of the insurance policy) if the damages can be proven and were in contemplation of the parties at the inception of the insurance contract. In Manor House, the trial court entered summary judgment against the insured holding the insured could not seek lost rental income in its breach of contract action against Citizens Property Insurance because the property insurance policy did not provide coverage for lost rent. However, the Fifth District reversed this ruling because the trial court denied the insured the opportunity to prove whether the parties contemplated that the insured, an apartment complex owner, would suffer lost rental income (consequential damages) if the insurer breached its contractual duties. Read the court decision
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    Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
    Mr. Adelstein may be contacted at dma@kirwinnorris.com

    Construction Continues To Boom Across The South

    September 09, 2019 —
    Contractors reported revenue growth of $2 billion in 2018 and are optimistic heading into the second half of 2019. The looming threat of a downturn, though, weighs heavy on some industry leaders’ minds as does the constant threat of workforce shortages. Reprinted courtesy of Louise Poirier, Engineering News-Record Ms. Poirier may be contacted at poirierl@enr.com Read the court decision
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    Reprinted courtesy of

    Housing Starts Surge 23% in Comeback for Canadian Builders

    July 15, 2019 —
    Canadian housing starts unexpectedly surged in April, in another sign of recovery for the nation’s battered real estate market. Builders started work on an annualized 235,460 units last month, the highest level in 10 months and up 23 percent from 191,981 units in March, the Canada Mortgage and Housing Corp. reported Wednesday. The gain was driven by new multi-unit construction in Toronto and Vancouver. Read the court decision
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    Reprinted courtesy of Theophilos Argitis, Bloomberg

    The Private Works: Preliminary Notice | Are You Using the Correct Form?

    August 20, 2019 —
    The Private Works – Preliminary Notice form which contractors, subcontractors and suppliers had become accustomed to using for many years changed in 2004. Despite this change in law, many in the construction industry have still not started using the correct new form. Changes in the law, championed by the American Subcontractors’ Association, gave a significant new benefit to subcontractors and suppliers by giving the subcontractor or supplier some expectation of actually receiving notice of when a Notice of Completion or a Notice of Cessation has been recorded on many private works projects. The law also changed the language of the California Preliminary Notice that subcontractors and suppliers must use to protect their mechanics’ lien, bond claim and stop payment notice rights. If Owners do not send out the Notice of Completion as required by law they incur a diminishing of the protections afforded to them when they record a Notice of Completion or Notice of Cessation on many private works projects. The revised law requires private project owners to notify all subcontractors and suppliers within 10 days after recording a Notice of Completion or Notice of Cessation that a Notice of Completion or a Notice of Cessation has actually been recorded. In order to receive such notice, the subcontractor or supplier must properly serve the new form of Preliminary Notice. If this properly occurs and the private project owner provides the required notice, then the subcontractor or supplier will have 30 days to record a Mechanics’ Lien. However, if an owner under such circumstances fails to properly notify a subcontractor or supplier within 10 days after recording a Notice of Completion or Notice of Cessation, then the Subcontractor or supplier will have 90 days to record a Mechanics’ Lien. The details of the law can be found in California Civil Code sections 8190, 8414 and 8416. Read the court decision
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    Reprinted courtesy of William L. Porter, Esq., Porter Law Group
    Mr. Porter may be contacted at bporter@porterlaw.com