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    Apalachicola, Florida

    Florida Builders Right To Repair Current Law Summary:

    Current Law Summary: In Title XXXIII Chapter 558, the Florida Legislature establishes a requirement that homeowners who allege construction defects must first notify the construction professional responsible for the defect and allow them an opportunity to repair the defect before the homeowner canbring suit against the construction professional. The statute, which allows homeowners and associations to file claims against certain types of contractors and others, defines the type of defects that fall under the authority of the legislation and the types of housing covered in thelegislation. Florida sets strict procedures that homeowners must follow in notifying construction professionals of alleged defects. The law also establishes strict timeframes for builders to respond to homeowner claims. Once a builder has inspected the unit, the law allows the builder to offer to repair or settle by paying the owner a sum to cover the cost of repairing the defect. The homeowner has the option of accepting the offer or rejecting the offer and filing suit. Under the statute the courts must abate any homeowner legal action until the homeowner has undertaken the claims process. The law also requires contractors, subcontractors and other covered under the law to notify homeowners of the right to cure process.

    Construction Expert Witness Contractors Licensing
    Guidelines Apalachicola Florida

    Commercial and Residential Contractors License Required.

    Construction Expert Witness Contractors Building Industry
    Association Directory
    Builders Association of North Central FL
    Local # 1020
    2217 NW 66th Ct
    Gainesville, FL 32653

    Apalachicola Florida Construction Expert Witness 10/ 10

    Forgotten Coast Builders Assoc
    Local # 1015
    PO Box 1005
    Port Saint Joe, FL 32457

    Apalachicola Florida Construction Expert Witness 10/ 10

    Flagler Co-Palm Coast Home Builders Association
    Local # 1011
    4863 Palm Coast Parkway NW Ste 1
    Palm Coast, FL 32137

    Apalachicola Florida Construction Expert Witness 10/ 10

    Home Builders Association of Panama City (Fla)
    Local # 1042
    PO Box 979
    Panama City, FL 32402
    Apalachicola Florida Construction Expert Witness 10/ 10

    Northeast Florida Builders Association
    Local # 1024
    103 Century 21 Dr Ste 100
    Jacksonville, FL 32216

    Apalachicola Florida Construction Expert Witness 10/ 10

    Volusia Building Industry Association
    Local # 1090
    3520 W International Speedway Blvd
    Daytona Beach, FL 32124

    Apalachicola Florida Construction Expert Witness 10/ 10

    Marion County Building Industry Association
    Local # 1038
    2635 SE 58th Avenue
    Ocala, FL 34480

    Apalachicola Florida Construction Expert Witness 10/ 10

    Construction Expert Witness News and Information
    For Apalachicola Florida

    Construction Defect Bill Removed from Committee Calendar

    Subcontractors Have a Duty to Clarify Ambiguities in Bid Documents

    New York Considering Legislation That Would Create Statute of Repose For Construction

    Design-Assist Collaboration/Follow-up Post

    Fannie-Freddie Elimination Model in Apartments: Mortgages

    Discussion of History of Construction Defect Litigation in California

    Speeding up Infrastructure Projects with the Cloud

    Terminating Notice of Commencement Without Contractor’s Final Payment Affidavit

    Recent Developments with California’s Right to Repair Act

    Engineer Proposes Slashing Scope of Millennium Tower Pile Upgrade

    Zero-Net Energy Homes Costly Everywhere but at the Electric Meter

    Notice of Claim Sufficient to Invoke Coverage

    Sinking Buildings on the Rise?

    General Contractors: Consider Importance of "Primary Noncontributory" Language

    How to Challenge a Project Labor Agreement

    Virginia Decision Emphasizes Importance of Naming All Necessary Parties

    Revel Closing Shows Gambling Is No Sure Thing for Renewal

    Mandatory Arbitration Provision Upheld in Construction Defect Case

    Substituting Materials and Failure to Comply with Contractual Requirements

    Flood Sublimits Do Not Apply to Loss Caused by Named Windstorm

    Did the Court of Appeals Just Raise the Bar for California Contractors to Self-Report Construction-Related Judgments?

    Burden of Proof Under All-Risk Property Insurance Policy

    Why Clinton and Trump’s Infrastructure Plans Leave Us Wanting More

    Reversing Itself, West Virginia Supreme Court Holds Construction Defects Are Covered

    Improvements to AIA Contracts?

    Drones Used Despite Uncertain Legal Consequences

    KB to Spend $43.2 Million on Florida Construction Defects

    Another TV Fried as Georgia Leads U.S. in Lightning Costs

    Professional Liability and Attorney-Client Privilege Bulletin: Intra-Law Firm Communications

    Endorsements Preclude Coverage for Alleged Faulty Workmanship

    Haight Brown & Bonesteel Attorneys Named Best Lawyers in America ® 2016

    Best Lawyers Recognizes Hundreds of Lewis Brisbois Attorneys, Honors Four Partners as ‘Lawyers of the Year’

    No Coverage for Additional Insured

    Obama Says Keystone Decision May Be Announced in Weeks or Months

    Deadlines. . . They’re Important. Project Owner Risks Losing Claim By Failing to Timely Identify “Doe” Defendant

    Massachusetts Supreme Judicial Court Strikes a Deathblow to Substantial Factor Causation in Most Cases; Is Asbestos Litigation Next?

    Mark Van Wonterghem To Serve as Senior Forensic Consultant in the Sacramento Offices of Bert L. Howe & Associates, Inc.

    Facts about Chinese Drywall in Construction

    Insurer Not Bound by Decision in Underlying Case Where No Collateral Estoppel

    Restrictions On Out-Of-State Real Estate Brokers Being Challenged In Nevada

    Mortgage Bonds Stare Down End of Fed Easing as Gains Persist

    Housing Starts Rebound in U.S. as Inflation Eases: Economy

    Construction Cybercrime Is On the Rise

    Public Law Center Honors Snell & Wilmer Partner Sean M. Sherlock As Volunteers For Justice Attorney Of The Year

    How to Survive the Insurance Claim Process Before It Starts –Five Tips to Keep Your Insurance Healthy

    Lis Pendens – Recordation and Dissolution

    Alabama Federal Magistrate Recommends Dismissal of Construction Defect Declaratory Judgment Action Due to Expanded Duty to Defend Standard

    New Safety Standards Issued by ASSE and ANSI

    The Future of Construction Defects in Utah Unclear

    Pennsylvania Superior Court Tightens Requirements for Co-Worker Affidavits in Asbestos Cases
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    The Apalachicola, Florida Construction Expert Witness Group at BHA, leverages from the experience gained through more than 7,000 construction related expert witness designations encompassing a wide spectrum of construction related disputes. Drawing from this considerable body of experience, BHA provides construction related trial support and expert services to Apalachicola's most recognized construction litigation practitioners, commercial general liability carriers, owners, construction practice groups, as well as a variety of state and local government agencies.

    Construction Expert Witness News & Info
    Apalachicola, Florida

    Congratulations to BWB&O’s Las Vegas Team on Obtaining Summary Judgment for the Firm’s Landowner Client!

    August 03, 2022 —
    Bremer Whyte Brown & O’Meara, LLP is proud to announce Partner Anthony Garasi, Senior Associate Madeline Arcellana, and Associate Laura Rios successfully won a Motion for Summary Judgment (“MSJ”), while also defeating two competing MSJs filed by Plaintiff, and ultimately obtaining a full dismissal of their landowner client against claims of premises liability. Plaintiff, who sued both BWB&O’s client (the landowner) and its tenant, alleged injury when he slipped and fell, while utilizing a temporary wooden board as a ramp that was placed on the subject property by the tenant, who was occupying the property subject to a lease-to-own arrangement with BWB&O’s client. In this Motion practice, the BWB&O team successfully obtained a ruling from the Court to find that BWB&O’s client had effectively contracted to delegate its maintenance responsibilities to its tenant, and also that the tenant owed BWB&O’s client full indemnity for Plaintiff’s alleged losses. Read the full story...
    Reprinted courtesy of Dolores Montoya, Bremer Whyte Brown & O'Meara LLP

    Don’t Be Lazy with Your Tenders

    October 24, 2022 —
    Our clients probably spend significant time, money and effort refining and updating their contract provisions covering indemnification and the duty to defend claims arising on their projects. But they should also consider spending an appropriate and adequate amount of time, money and effort when sending notices, or “tenders,” to enforce those critical provisions. Tenders demanding defense and indemnity are strictly interpreted based on what the contract documents require. Getting tenders wrong can result in losing one of the most significant risk-shifting tools in the contract. It can also be a monumental mistake if insurance coverage for indemnification damages and defense costs are lost because of an inadequate tender. The legal definition of “tender” is simple; it is “[a]n unconditional offer of money or performance to satisfy a debt or obligation.” Black’s Law Dictionary 1479-80 (7th ed. 1999). Whereas “tender of defense” for insurance is “the act in which one party places its defense and all costs associated with said defense with another due to a contract or other agreement … [which] transfers the obligation of the defense and possible indemnification to the party to which the tender was made.” Int’l Risk Mgmt. Inst., Glossary. Thus, when claims arise on your projects, notice by tenders of defense and indemnity will often determine dispute resolution and available insurance proceeds. Read the full story...
    Reprinted courtesy of Rick Erickson, Snell & Wilmer
    Mr. Erickson may be contacted at

    Henderson Engineers Tests AI for Building Systems Design with Torch.AI

    September 26, 2022 —
    Torch.AI is testing a new artificial intelligence application with Henderson Engineers, a national building systems design firm, to unlock the creative and problem solving potential of the firm’s more than 1,000 employees. Henderson Engineers is a building systems design and engineering firm that works on projects across the business, community, health, retail, and venue sectors. Their projects include many high-profile projects, such as SoFi Stadium, host site for the 2022 Super Bowl. They know how the industry relies on highly complex information contained in equally complex unstructured data: drawings, images, PDFs, handwriting, raw text. Earlier this year, Henderson began testing new artificial intelligence from Torch.AI that could learn to read complex construction and engineering documents and diagrams. “When Kevin Lewis, Henderson’s CEO, and I got together to first discuss the partnership, I could tell they were already thinking way ahead of everyone else,” says Brian Weaver, Chairman and CEO of Torch.AI. “As an engineering firm they are meticulous, thoughtful, strategic. We quickly saw the potential impact these new AI systems could have for their amazingly talented teams and are excited to continue growing our relationship.” Read the full story...
    Reprinted courtesy of Aarni Heiskanen, AEC Business
    Mr. Heiskanen may be contacted at

    Lewis Brisbois Moves to Top 15 in Law360 2022 Diversity Snapshot

    August 15, 2022 —
    Los Angeles, Calif. (August 4, 2022) - Lewis Brisbois has ranked 13th in Law360’s 2022 Diversity Snapshot – a measure of the overall presence of individuals from underrepresented backgrounds in law firms of all sizes. Throughout Lewis Brisbois’ history, the firm has been recognized for high achievements in the areas of diversity, equity, and inclusion. Over the past year, its focus on capturing the full picture of its diversity has led to the firm’s rise in several diversity rankings – including the Law360 Diversity Snapshot. As described in the Law360 Pulse article, "Diversity Snapshot: Representation in the Ranks," the Diversity Snapshot serves as a “comprehensive ranking of law firms on their overall representation of minority attorneys,” providing “a picture of where firms are now, and where the future might lead.” Moreover, as explained in the main article of this special publication, "Diversity Snapshot: How Firms Stack Up," Law360 used its own historical surveys as well as data from the American Bar Association to evaluate the diversity in firm headcounts against benchmarks that reflected diversity in the potential marketplace of new hires. Lewis Brisbois’ efforts to capture its diversity numbers has led to a significant increase in the firm’s position from 58th to 13th. This year's Snapshot includes 291 law firms, with 75 in the 600+ attorneys category. Read the full story...
    Reprinted courtesy of Rima Badawiya, Lewis Brisbois
    Ms. Badawiya may be contacted at

    Hawaii Appellate Court Finds Agent May Be Liable for Failing to Submit Claim

    November 01, 2022 —
    After the agent informed the insured there was no coverage and submitting a claim would be a useless effort, the Hawaii Intermediate Court of Appeal reversed the trial court's dismissal of the insured's suit against the agent. Pflueger, Inc. v. AIG Holdings, Inc., 2022 Haw. App. LEXIS 279 (Haw. Ct. App. Sept. 2, 2022). In May 2008, Pflueger notified its agent, Noguchi & Associates, Inc., that it had received federal grand jury subpoenas. Noguchi informed Pflueger that the subpoenas did not qualify as a "claim" under two policies issued by National Union. Consequently, Noguchi did not forward a claim or the subpoenas to National Union and did not seek clarification as to whether the grand jury subpoenas were covered under the policies. Pflueger relied upon Noguchi's representations and took no further action until its attorney submitted a demand letter tendering Pflueger's defense to Nation Union nine months later, in February 2009. Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at

    Be Mindful Accepting Payment When Amounts Owed Are In Dispute

    August 29, 2022 —
    After completing work on a project, or even during a project, it is not uncommon for some portion of the contract balance and/or a claim to be in dispute. As a contractor or subcontractor, it is important to be careful what is signed (or not signed) upon receipt of any payment both during and after completion of work on a project. One of the most common documents signed related to a receipt of payment is a lien/claim release document. This can be in the form of a conditional, unconditional, progress and/or final release. The language included in the release document is critically important, especially as it pertains to disputed amounts. As a contractor or subcontractor, if there are known disputes related to amounts owing, whether it be contract balance, disputed change order(s), a delay or inefficiency claim, or any other amounts believed to be owed, it is important to include language in the lien release that expressly carves out the disputed amounts. The same should be done for disputes related to extensions of time. This allows the contractor to accept the payment and release rights for the undisputed work, but continue to reserve its right to pursue the amounts in dispute later. If disputed amounts are not carved out, those amounts may effectively be waived and the subcontractor or contractor may lose all rights to recovery. As a subcontractor in Alaska recently learned, there are potentially other ways a contractor may waive or lose its rights to recover amounts in dispute – without even signing a waiver or release document. In Smallwood Creek, Inc. v. Build Alaska General Contracting, LLC et al., the general contractor sent the subcontractor a check described as “final payment.” The subcontractor believed it was owed more than what the general contractor had sent and refused to accept the check. Months later, the subcontractor deposited the check. The subcontractor reversed course again and attempted to repay the general contractor the amount deposited. The general contractor refused, claiming the subcontractor’s acceptance of payment constituted satisfaction of all amounts owing to the subcontractor. Read the full story...
    Reprinted courtesy of Nicholas Korst, Ahlers Cressman & Sleight PLLC
    Mr. Korst may be contacted at

    What The U.S. Can Learn from China to Bring Its Buildings to New Heights

    November 15, 2022 —
    “China’s history is marked by thousands of years of world-changing innovations: from the compass and gunpowder to acupuncture and the printing press. No one should be surprised that China has re-emerged as an economic superpower.” —Gary Locke Westerners have often criticized China’s ‘creative’ interpretation of the concept of intellectual property, but even its harshest critics recognize the Asian superpower’s ability to build large-scale infrastructure projects at a breakneck pace. America does not want to emulate the absolute government control that has allowed China to build futuristic bridges and airports in record time. However, there are still some things we can learn from our biggest global competitor. The White House itself has invoked China’s grand achievements in its quest to secure more infrastructure funding from Congress. The administration believes that the only way to compete with China is to spend at least $2 trillion on upgrading bridges and mass transit, modernizing neighborhoods and airports, and making broadband access universal. The skylines of China’s largest metropolises are nothing short of mesmerizing. Its grand airports and auditoriums amaze tourists and locals alike. Explore any important Chinese city on Google maps, and you will find a level of modernization in infrastructure that far surpasses American cities of similar size. Scholars have coined the phrase “China envy” to refer to the effects of this phenomenon. According to urban planning historian Thomas J. Campanella, China is doing the kind of things America used to do: amazing the world with grand structures that push engineering and architecture forward. The question is, if China has emulated us, can we now emulate China? China Envy There are some basic differences between the two nations which make emulation difficult. On the one hand, China has leapfrogged from rudimentary infrastructure to suborbital spaceships and bullet trains. America is at a different stage and moves at a different pace. Chinese leaders don’t need approval from the opposition in Congress; they have total control. If the Chinese administration wants to build a bridge, they just go ahead and do it. Democracy is a bit more complicated, but we naturally welcome the complexities, considering how stifling the political atmosphere is under communist rule. Another difference some analysts have pointed out is that the current Chinese President and his predecessor both studied engineering, so they were naturally keen on innovation in their field. Meanwhile, U.S. presidents have seldom had such backgrounds. The American public has more often elected lawyers to rule over our nation. China envy is understandable. Our competitor is home to 49 of the planet’s 100 tallest skyscrapers. It also boasts a million bridges. While the U.S. spends 2.4 percent of GDP on infrastructure, China spends 8 percent. This was an important selling point for the White House’s ambitious infrastructure plan. Located in a mountainous region with over 1,500 rivers, China has built bridges of fantastic proportions to keep urban centers and important agricultural areas connected. The Pingtang Bridge in Guizhou province links two sides of a canyon that are 7,000 feet apart. The spectacular, 7-mile-long Hutong Yangtze River Bridge efficiently provides railway and highway access to Shanghai from Jiangsu province. As climate change forces us to reevaluate Americans’ preference for private cars and the neglect of our railway systems, the inferior car ownership that was once a disadvantage for China is now an advantage. By 2025, high-speed trains will service 98 percent of Chinese cities. Subways are common in many of them. Today, the country boasts a high-speed rail network totaling more than 23,500 miles, or eight times the distance between New York and LA. Chinese workers travel on bullet trains at 215 miles per hour, much faster than their American counterparts. The gap between China and the U.S. when it comes to infrastructure is one of astronomic proportions. A few years ago, Bill Gates announced that China had used as much cement in three years as the U.S. in 100 years. China currently produces 14 times more steel than the U.S. and about 2.2 gigatons of cement per year, roughly half of the 4.5 gigatons our country used in the 20th century. In China, city planners have not focused on short-term return on investment, but on broader societal benefits. For example, World Bank officials were not enamored with the idea of creating a subway in Shanghai; the region’s geology made the project far too complex. The World Bank suggested buses would be a better solution for the city’s transit, but Chinese officials didn’t listen and went ahead. Thirty years later, the Shanghai subway has become an example of efficiency, transporting more than 10 million people every day. It is as if China followed a different logic, one that often pays off. According to Mr. Campanella, “We need a bit of China to be stirred into our game. . . We’re over privileging the immediately affected residents. What we don’t do is give requisite weight to the larger society.” China’s modernization has, however, not been without cost. Accelerated construction creates pollution, and not all the country’s massive structures are green or energy efficient. President Xi’s country is conscious about pollution, and it has poured significant resources into green infrastructure projects like wind and solar farms. There is a boldness in China’s infrastructure planning, a pioneering spirit that we would do well to imitate. What American jurisdiction would spend billions on a new state-of-the-art airport only 50 miles away from a recently modernized one? China has done it in Beijing. In a way, it seems that China is seeing beyond the here and now, planning for tomorrow, and this is something we can learn from our competitors. Marc Gravely is the founder and lead attorney at Gravely PC and author of Reframing America’s Infrastructure: A Ruins to Renaissance Playbook.

    New York State Legislature Passes Legislation Expanding Wrongful Death Litigation

    July 18, 2022 —
    In early June, New York State Legislature passed legislation, often referred to as “The Grieving Families Act” (A.6770/S.74-A), which expands New York’s Wrongful Death Statute. This legislation is pending approval from Governor Kathy Hochul and has the ability to drastically impact wrongful death litigation by expanding how parties can bring an action, as well as expanding on recoverable compensation. Pursuant to the existing statute (EPTL §5-4.1), the statute of limitations requires commencement of an action within two years after the decedent’s death. The proposed Grieving Families Act expands the statute of limitations for a wrongful death action to three years and six months after the decedent’s death. Further, under the existing statute (EPTL §11-3.3), recovery in a wrongful death action is restricted to distributees (the intended beneficiaries under the will). The proposed legislation expands the parties permitted to bring a wrongful death action, replacing the term distributees with surviving close family members. These may include, but are not limited to, spouse or domestic partner, issue, parents, grandparents, step-parents, and siblings, leaving it to the finder of fact to determine which persons are close family members of the decedent based upon the specific circumstances relating to the person’s relationship with decedent. It remains to be seen what the burden of proof will be for the surviving close family members, as well as what process will be instituted with respect to the finder of fact. Presumably, the finder of fact will be a Judge. Reprinted courtesy of Lisa M. Rolle, Traub Lieberman and Justyn Verzillo, Traub Lieberman Ms. Rolle may be contacted at Mr. Verzillo may be contacted at Read the full story...