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    Sun City, Kansas

    Kansas Builders Right To Repair Current Law Summary:

    Current Law Summary: HB 2294 requires a claimant to serve a written notice of claim upon the contractor prior to filing a lawsuit. The law places deadlines on the contractor to serve notice on each subcontractor (15 days) and provide a written response to the claimant (30 days). It permits the claimant to file a lawsuit without further notice if the contractor disputes the claim, does not respond to the notice, does not complete work on the defect on a timely basis or does not make a payment in the time allowed.

    Construction Expert Witness Contractors Licensing
    Guidelines Sun City Kansas

    No state license for general contracting. All businesses must register with the Department of Revenue.

    Construction Expert Witness Contractors Building Industry
    Association Directory
    Wichita Area Builders Association
    Local # 1780
    730 N Main St
    Wichita, KS 67203

    Home Builders Association of Hutchinson
    Local # 1720
    PO Box 2209
    Hutchinson, KS 67504

    McPherson Area Contractors Association
    Local # 1735
    PO Box 38
    McPherson, KS 67460

    Home Builders Association of Salina
    Local # 1750
    2125 Crawford Place
    Salina, KS 67401

    Lawrence Home Builders Association
    Local # 1723
    PO Box 3490
    Lawrence, KS 66046

    Topeka Home Builders Association
    Local # 1765
    1505 SW Fairlawn Rd
    Topeka, KS 66604

    Kansas Home Builders Association
    Local # 1700
    212 SW 8th Ave Ste 201
    Topeka, KS 66603

    Construction Expert Witness News and Information
    For Sun City Kansas

    Tips for Drafting Construction Contracts

    A Lot of Cheap Housing Is About to Get Very Expensive

    Apprentices on Public Works Projects: Sometimes it’s Not What You Do But Who You Do the Work For That Counts

    Defeating the Ten-Year Statute of Repose For Latent Construction Defects

    Red Wings Owner, Needing Hockey-Arena Neighborhood, Builds One

    Court Dismisses Cross Claims Against Utility Based on Construction Anti-Indemnity Statute

    Big Builder’s Analysis of the Top Ten Richest Counties

    Broker's Motion for Summary Judgment on Negligence Claim Denied

    No Coverage for Additional Insured

    Mixed Reality for Construction: Applicability and Reality

    Vermont Supreme Court Reverses, Finding No Coverage for Collapse

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    Flow-Down Clauses Can Drown Your Project

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    New Home for the Aged Suffers Construction Defects

    Uniwest Rides Again (or, Are Architects Subject to Va. Code Section 11-4.1?)

    California Appeals Court Remands Fine in Late Completion Case

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    Supreme Court Grants Petition for Review Regarding Necessary Parties in Lien Foreclosure Actions

    Modernist Houses Galore! [visual candy for architects]

    TRI Pointe Merges with Weyerhaeuser’s Real Estate Company

    Courts Take Another Swipe at the Implied Warranty of the Plans and Specifications

    Hail Drives Construction Spending in Amarillo

    Court Denies Insurer's Motion to Dismiss Collapse Claim

    DC Circuit Issues Two Important Clean Air Act and Administrative Law Decisions

    The Brexit Effect on the Construction Industry

    Insured's Remand of Bad Faith Action Granted

    Good and Bad News on Construction Employment

    Motion to Dismiss Insureds' Counterclaim on the Basis of Prior Knowledge Denied

    White and Williams Obtains Reversal on Appeal of $2.5 Million Verdict Against Electric Utility Company

    Living With a Millennial. Or Grandma.

    South Carolina’s New Insurance Data Security Act: Pebbles Before a Landslide?

    Nationwide Immigrant Strike May Trigger Excusable Delay and Other Contract Provisions

    Renters Trading Size for Frills Fuel U.S. Apartment Boom

    New World Cup Stadiums Failed at their First Trial

    California Supreme Court Rights the “Occurrence” Ship: Unintended Harm Resulting from Intentional Conduct Triggers Coverage Under Liability Insurance Policy

    Got Licensing Questions? CSLB Licensing Workshop November 17th and December 15th
    Corporate Profile


    Drawing from more than 4500 engineering, construction, and builders standard of care related expert designations, the Sun City, Kansas Construction Expert Directory provides a single point of reference for construction defect and claims related support to construction claims professionals concerned with construction defect and claims litigation. BHA provides construction claims investigation and expert services to the nation's most recognized construction practice groups, Fortune 500 builders, CGL carriers, owners, as well as a variety of public entities. Employing in house assets which include building envelope experts, forensic architects, professional engineers, credentialed construction standard of care consultants, the firm brings national experience and local capabilities to Sun City and the surrounding areas.

    Sun City Kansas slope failure expert witnessSun City Kansas delay claim expert witnessSun City Kansas construction project management expert witnessSun City Kansas forensic architectSun City Kansas eifs expert witnessSun City Kansas soil failure expert witnessSun City Kansas construction project management expert witnesses
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    Sun City, Kansas

    Mitigation, Restructuring and Bankruptcy: Small Business Tools in the Era of COVID-19

    June 08, 2020 —
    The impact of the COVID-19 pandemic has been sudden and severe. Worldwide, populations are dealing with a public health crisis, which has abruptly impacted the economy. As cases continue to increase across the United States, both the federal government and state governments, including California, are directing people to “shelter in place” and “socially distance” from each other in an attempt to curb the spread of the virus. These orders have generally shut down daily life except for “essential” businesses. As a direct result, the economy has come to an abrupt halt and many businesses have been forced to close or significantly reduce their operations. Concern for this economic impact is, in part, due to the speed and severity with which it has affected so many industries. With the current economic conditions, there is much speculation that bankruptcy filings, among not only individuals, but small businesses, will see a sudden increase in the coming months. Experts agree that filings will increase, the only question is when. Because of COVID-19’s economic impact, it is important that businesses make an assessment now, regarding their needs, assets, and liabilities, so they can best prepare to survive COVID-19, or to take proactive steps in preparing to enter bankruptcy or wind down. In making this assessment, one of the questions to ask is whether the business can survive with quick financing, to help bridge the gap between the current operating conditions and their return to normal. Read the court decision
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    Reprinted courtesy of Hannah Kreuser, Porter Law Group
    Ms. Kreuser may be contacted at

    Appreciate The Risks You Are Assuming In Your Contract

    February 10, 2020 —
    APPRECIATE THE RISKS YOU ARE ASSUMING IN YOUR CONTRACT. Otherwise, those risks will come back and bite you in the butt. This language is not capitalized for naught. Regardless of the type of contract you are entering into, there are risks you will be assuming. You need to appreciate those risks because there may be insurance you can obtain to cover that risk. For instance, exculpatory provisions (or get-out-of-jail provisions) in contracts are enforceable if they are unambiguous. “Such provisions are deemed to be unambiguous and enforceable when the language unequivocally demonstrates a clear and understandable intention for the defendant to be relieved from liability such that an ordinary and knowledgeable person will know what he or she is contracting away.” Pillay v. Public Storage, Inc., 44 Fla.L.Weekly D2744c (Fla. 4th DCA 2019). An example of an exculpatory provision can be found in the public storage rental contract found in Pillay that read: (1) ALL PERSONAL PROPERTY IS STORED BY OCCUPANT AT OCCUPANT’S SOLE RISK. (2) Owner and Owner’s agents . . . will not be responsible for, and Tenant releases Owner and Owner’s agents from any responsibility for, any loss, liability, claim, expense, damage to property . . . including without limitation any Loss arising from the active or passive acts, omission or negligence of Owner or Owner’s agents. Read the court decision
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    Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
    Mr. Adelstein may be contacted at

    BIM Legal Liabilities: Not That Different

    February 10, 2020 —
    For this week’s Guest Post Friday here at Musings, we welcome Scott P. Fitzsimmons. Scott is an attorney with the construction law firm Watt, Tieder, Hoffar & Fitzgerald, where he represents contractors, subcontractors, owners, and engineers. He is also a LEED AP and an instructor for AGC of D.C., where he teaches BIM Contract Negotiation and Risk Allocation as part of AGC’s Certificate of Management, Building Information Modeling program. When a new technology is introduced to the construction industry, contractors inevitably ask themselves one question “Great, how can this new gadget get me into trouble?” Building Information Modeling (BIM) is exactly the kind of technology that raises this fear. But, BIM has been around for a few years now, and the construction industry has done a good job of curtailing the fear of unanticipated legal liability. Nevertheless, contractors should be aware of the pitfalls BIM introduces and should know how to limit their risk arising from this new “gadget.” Often described as “CAD on Steroids,” BIM is truly much more than a simple design program. Along with early clash detection, BIM provides time and cost integration; calculates energy efficiency; and assists building maintenance long after project completion. Unlike CAD, BIM also modifies the collaborative nature of a construction project. Thus, subcontractors no longer review a design, submit shop drawings, and go to work. Rather, subcontractors are brought into the design process early in the project and often are asked to contribute to the design long before construction begins. Asking a contractor or subcontractor to provide design services appears to shift the roles of an architect and a contractor. So, the questions abound: Is a contractor now responsible for design? Can the contractor be held responsible for defective design? Do not fret. To date, there has been only one advertised case addressing BIM liability. The reason is simple. For almost a hundred years, the United States Supreme Court has held that contractors are not responsible for defective design on a traditional design-bid-build project. Using BIM, therefore, should not modify a contractor’s responsibility. But, to ensure that your obligations do not extend beyond construction, all BIM requirements should be in writing and made part of your contract. Read the court decision
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    Reprinted courtesy of The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at

    Insurer Rejecting Construction Defect Claim Must Share in Defense Costs

    March 02, 2020 —
    One insurer, who accepted the tender of defense in a construction defect case, successfully moved for summary judgment against the second insurer, who denied the insured's tender. Interstate Fire & Cas. v. Aspen Ins. UK Ltd., 2019 N.Y. Misc. LEXIS 5800 (N.Y. Sup. Ct. Oct. 25,2019). Standard Waterproofing Corporation was hired by the construction manager, G Builders, to perform waterproofing work as part of condominium conversion project. After the project was completed,the condominium occupants experienced water damage in their units. The Condominium Board retained an engineer who reported numerous issues of water infiltration relating to Standard's work. The Condominium Board filed suit against the construction manager, who filed a third party complaint against Standard. Standard tendered to four different insurers, including plaintiff Interstate and defendant Aspen. Interstate agreed to defend, while Aspen and the other two insurers declined. Aspen argued there were no allegations of an occurrence resulting in property damage during its policy periods. Interstate filed for declaratory relief against Aspen and Standard. 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

    Congratulations to Jonathan Kaplan on his Promotion to Partner!

    February 10, 2020 —
    Bremer Whyte Brown & O’Meara, LLP is proud to announce the promotion of Jonathan Kaplan to Partner! Jonathan has been with the firm for nearly eight years out of our Newport Beach office. He focuses his practice on general liability defense and construction litigation matters, in addition to handling high-profile plaintiff defect cases. Jonathan earned his law degree from Chapman University School of Law, obtaining a certificate in Environmental, Real Estate and Land Use Law, and went to undergrad at the University of Washington. Jonathan is an active participant within the firm’s Hiring Committee and assists with legal recruitment at the prominent Orange County law schools. Jonathan is also an avid hiker and has coordinated several hiking events for our Southern California offices. Read the court decision
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    Reprinted courtesy of Bremer Whyte Brown & O'Meara LLP

    WARN Act Exceptions in Response to COVID-19

    April 13, 2020 —
    California’s WARN Act requires employers of certain covered establishments to provide 60 days written notice of any mass layoff, relocation, or termination. This notice is required to be given to employees and the Employment Development Department. An employer’s failure to comply with this requirement can result in being held liable for back-pay and value of the cost of any benefits to which the affected employee(s) may have been entitled for up to a maximum of 60 days. Due to the COVID-19 crisis and emergency circumstances in which many employers now find themselves, the Governor of California has issued Executive Order N-31-20, which temporarily suspends the 60-days advance notice requirement and the provisions that impose liability and penalties on an employer for the duration of the COVID-19 emergency. Reprinted courtesy of Yvette Davis, Haight Brown & Bonesteel and Kyle R. DiNicola, Haight Brown & Bonesteel Ms. Davis may be contacted at Mr. DiNicola may be contacted at Read the court decision
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    Reprinted courtesy of

    Liability Policy’s Arbitration Endorsement Applies to Third Party Beneficiaries, Including Additional Insureds

    May 11, 2020 —
    In Philadelphia Indemnity Ins. Co. v. SMG Holdings, Inc. (No. C082841; filed 12/31/19, ord. pub. 1/28/20), a California appeals court held that a binding arbitration clause in an insurance policy extends to a third party, such as an additional insured. In Philadelphia v. SMG, Philadelphia issued a general liability policy to a youth organization, Future Farmers of America (FFA), that had contracted to use the Fresno Convention Center for its annual convention. The contract required FFA to obtain liability insurance and to name the property manager, SMG, and the City of Fresno, as additional insureds. Philadelphia issued FFA a commercial lines CGL policy with an endorsement affording coverage to “managers, landlords, or lessors of premises” for “liability arising out of the ownership, maintenance or use of that part of the premises leased or rented” to the named insured. It also covered “any person or organization where required by a written contract executed prior to the occurrence” but only for liability arising from the named insured’s negligence. Reprinted courtesy of Christopher Kendrick, Haight Brown & Bonesteel LLP and Valerie A. Moore, Haight Brown & Bonesteel LLP Mr. Kendrick may be contacted at Ms. Moore may be contacted at Read the court decision
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    Reprinted courtesy of

    Is Your Business Insured for the Coronavirus?

    March 16, 2020 —
    How bad will the pandemic get? How much will it spread in the United States? Will we develop a vaccine in time to do any good? As insurance lawyers, we have no idea. But we can help you figure out whether your business is insured for the coronavirus risks that keep business owners up at night. Risk 1: An outbreak forces my business to close until the outbreak ends. Are my financial business losses covered? Maybe. Many commercial property policies provide “business interruption coverage” which may apply. This coverage typically requires that: (i) Your business is shut down. If your business actually closes for a period of time, you may meet this requirement. However, you wouldn’t meet it if your business slows because half of your staff is home sick. (ii) The shutdown is necessary. “Necessary” means something different than “desirable” or “prudent.” Whether a shutdown is necessary depends on the facts. If it is physically or legally impossible to enter your building, then closure is necessary. But if the government issues a public advisory recommending that businesses close, and you voluntarily comply, that’s a different story. (iii) The shutdown is caused by physical damage to your property. Is a viral outbreak “damage” to your property? There’s not a clear answer. On the one hand, courts have found that hazardous contamination of a building constitutes property damage to the building. For example, asbestos incorporated into a building constitutes property damage to the building under a commercial general liability policy. Environmental contamination can also constitute property damage to the contaminated property. Policyholders whose businesses close during an outbreak will argue that property contaminated by the virus satisfies the “physical damage to property” requirement. On the other hand, insurers may argue that the real cause of the shutdown is not the contaminated building surfaces, but the need for social distancing in a neighborhood with many contagious people. Coverage will depend on the policy language and the details of the shutdown. Reprinted courtesy of J. Kelby Van Patten, Payne & Fears and Jared De Jong, Payne & Fears Mr. Van may be contacted at Mr. Jong may be contacted at Read the court decision
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    Reprinted courtesy of