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    Bowling Green Florida building envelope expert witness construction defect litigation experts, 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.


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    Construction Expert Witness Contractors Building Industry
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    Tri-County Home Builders
    Local # 1073
    PO Box 420
    Marianna, FL 32447

    Bowling Green Florida building envelope expert witness construction defect litigation experts Florida Construction Expert Witness 10/ 10

    Tallahassee Builders Association Inc
    Local # 1064
    1835 Fiddler Court
    Tallahassee, FL 32308

    Bowling Green Florida building envelope expert witness construction defect litigation experts Florida Construction Expert Witness 10/ 10

    Building Industry Association of Okaloosa-Walton Cos
    Local # 1056
    1980 Lewis Turner Blvd
    Fort Walton Beach, FL 32547

    Bowling Green Florida building envelope expert witness construction defect litigation experts Florida Construction Expert Witness 10/ 10

    Home Builders Association of West Florida
    Local # 1048
    4400 Bayou Blvd Suite 45
    Pensacola, FL 32503

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    Florida Home Builders Association (State)
    Local # 1000
    PO Box 1259
    Tallahassee, FL 32302

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    Columbia County Builders Association
    Local # 1007
    PO Box 7353
    Lake City, FL 32055

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

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    Construction Expert Witness News and Information
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    The “Unavailability Exception” is Unavailable to Policyholders, According to New York Court of Appeals

    Yellowstone Park Aims for Quick Reopening After Floods

    Replevin Actions: What You Should Know

    South Carolina Contractors Regain General Liability Coverage

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    Maine Court Allows $1B Hydropower Transmission Project to Proceed

    EPA Fines Ivory Homes for Storm Water Pollution

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    Not Just Another Client Alert about Cyber-Risk and Effective Cybersecurity Insurance Regulatory Guidance

    Sureties do not Issue Bonds Risk-Free to the Bond-Principal

    Illinois Legislature Enables Pre-Judgment Interest in Personal Injury Cases

    Construction Defect Fund Approved for Bankrupt Las Vegas Builder

    Traub Lieberman Partner Lisa M. Rolle Obtains Summary Judgment in Favor of Defendant

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    Beyond the Disneyland Resort: World Class Shopping Experiences

    Will European Insurers’ Positive Response to COVID-19 Claims Influence US Insurers?

    NJ Court Reaffirms Rule Against Coverage for Faulty Workmanship Claims and Finds Fraud Claims Inherently Intentional

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    Corporate Profile

    BOWLING GREEN FLORIDA BUILDING ENVELOPE EXPERT WITNESS CONSTRUCTION DEFECT LITIGATION EXPERTS FLORIDA CONSTRUCTION EXPERT WITNESS
    DIRECTORY AND CAPABILITIES

    The Bowling Green Florida building envelope expert witness construction defect litigation experts, Florida Construction Expert Witness Group is comprised from a number of credentialed construction professionals possessing extensive trial support experience relevant to construction defect and claims matters. Leveraging from more than 25 years experience, BHA provides construction related trial support and expert services to the nation's most recognized construction litigation practitioners, Fortune 500 builders, commercial general liability carriers, owners, construction practice groups, and a variety of state and local government agencies.

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    Bowling Green Florida building envelope expert witness construction defect litigation experts, Florida

    Newmeyer Dillion Named 2023 Best Law Firm in Multiple Practice Areas By U.S. News-Best Lawyers

    November 07, 2022 —
    NEWPORT BEACH, Calif. – November 3, 2022 – Prominent business and real estate law firm Newmeyer Dillion is pleased to announce that U.S. News-Best Lawyers® has recognized the firm in its 2023 "Best Law Firms" rankings, in seven practice areas earning the highest ranking possible - Tier 1 in the Orange County Metro area. The practices recognized include:
    Commercial Litigation Construction Law Insurance Law Litigation - Construction Litigation - Insurance Litigation - Real Estate Real Estate Law
    Additionally, the firm has been recognized as Tier 2 in Employment Law - Management and Tier 3 in Litigation - Labor & Employment. "Newmeyer Dillion prides itself on genuinely partnering with our clients to offer business-oriented solutions for their legal issues," said Managing Partner Paul Tetzloff. "Receiving this honor shows that our clients appreciate the quality of our work and our team's dedication to their organization's success." Firms included in the 2023 "Best Law Firms" list have been recognized by their clients and peers for their professional excellence. Firms achieving a Tier 1 ranking have consistently demonstrated a unique combination of quality law practice and breadth of legal expertise. To be eligible for the "Best Law Firms" ranking, a firm must have at least one attorney recognized in the current edition of The Best Lawyers in America for a specific practice area. Best Lawyers recognizes the top 4 percent of practicing attorneys in the U.S., selected through exhaustive peer-review surveys in which leading lawyers confidentially evaluate their professional peers. About Newmeyer Dillion For over 35 years, Newmeyer Dillion has delivered creative and outstanding legal solutions and trial results that achieve client objectives in diverse industries. With over 60 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 operations, growth, and profits. 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.

    Marlena Ellis Makes The Lawyers of Color Hot List of 2022

    January 17, 2023 —
    In just her first year of practice, Marlena Ellis, Associate, is included in the Lawyers of Color Hot List of 2022. Marlena joined the firm in 2021 as a full-time associate practicing both Commercial Litigation, Insurance Coverage, and Bad Faith Practice. She advises a variety of clients including corporations, commercial entities and insurance companies in complex disputes and breach of fiduciary duty matters. The Lawyers of Color Hot List of 2022 honors junior and mid-level attorneys of color who exemplify integrity, leadership, and a passion for diversity in their roles. The selection committee spent months reviewing nominations to identify the right candidates for the list, and Marlena was one of the few chosen for this year. Read the full story...
    Reprinted courtesy of Marlena Ellis, White and Williams LLP
    Ms. Ellis may be contacted at ellism@whiteandwilliams.com

    Pine Island Bridge in Place as Florida Pushes Barrier Island Access in Ian's Wake

    October 10, 2022 —
    A temporary bridge is in place for Pine Island, Fla., after state officials mobilized crews to restore mainland access to barrier islands cut off when Hurricane Ian washed away roads and bridges last month. President Joe Biden (D) joined Florida Gov. Ron DeSantis (R) on Oct. 5 in touring the hardest-hit parts of the state, with the governor announcing the five-day emergency Pine Island project and plans to finish repair of the causeway to Sanibel Island by the end of October. Reprinted courtesy of Derek Lacey, Engineering News-Record Mr. Lacey may be contacted at laceyd@enr.com Read the full story...

    Risky Business: Contractual Protections in the 'New Normal'

    January 04, 2023 —
    The point of contracts is to create certainty to avoid litigated or arbitrated disputes. Still, the various parties in the construction process may have different risk tolerances. For example, general contractors are often characterized as “risk-tolerant.” That risk, though, is usually calculated by the contractor internally, outside the terms of the written contract, based on an assumption that the contractor can get the work done more cheaply and more quickly than the owner anticipated. Project owners typically want and expect close-to-absolute certitude—absolutely as to cost—in their construction contracts. The standard fixed-price or lump-sum construction contract is geared toward protecting that interest. Post-COVID-19, however, the discussion in the industry suggests that all bets are off when pricing and agreeing to construction work. Labor and materials shortages have sent owners and their design consultants backpedaling when general contractors pursuing a fixed-price contract seek contractual concessions that “un-fix” the price. Reprinted courtesy of Daniel Lund III , Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

    You Are on Notice: Failure to Comply With Contractual Notice Provisions Can Be Fatal to Your Claim

    September 26, 2022 —
    Imagine your firm is the construction manager on a multi-million-dollar project. At the end of the project you are five million dollars out-of-pocket. You have a stack of claims for additional and extended work which led to the overrun, payment for which will easily cover the shortfall. However, the owner refuses to compensate you until you can satisfactorily answer their inquiry: “Where are the notices that are expressly required under the terms of the contract?” You had a good relationship with the owner’s field representative who was aware you were performing the work and understood that your company was compiling claims. The once cooperative owner, now suffering financial restraints of their own, is resolute in their refusal leaving you no choice but to expend substantial sums of money to litigate the claims, the success of which is far from assured. What Contract Language Can Be A Trap For An Unwary Contractor? While courts are generally hesitant to order a forfeiture and some courts disfavor condition precedents, a judge’s hands may be tied by particular contract language requiring the strict enforcement of notice requirements. Such provisions may include: (1) an explicit clause that there be precise compliance with notice requirements; (2) express consequences for noncompliance (e.g., if the required notice is not provided the claim will be waived, forfeited or abandoned); (3) a statement that the notice requirements are a condition precedent to recovery; (4) language such as “if,” “provided that,” “or else” or “on condition that” (e.g., the owner shall review the claim, “provided such claim” was received within the applicable notice period) or (5) prohibition of any waiver of the notice requirement. To the extent the notice provision includes such language, a contractor can be without recourse even when the owner has actual knowledge of the claims or cannot show prejudice by the lack of notice. Read the full story...
    Reprinted courtesy of Jenifer B. Minsky, Peckar & Abramson, P.C.
    Ms. Minsky may be contacted at jminsky@pecklaw.com

    Real Estate & Construction News Round-Up (12/07/22) – Home Sales, EV Charging Infrastructure, and Office Occupancy

    December 26, 2022 —
    This week’s round-up explores decreasing home sales, electric vehicle charging stations, office occupancy levels, and more.
    • With home sales dropping and more buyers abandoning their plans, forecasters have rarely disagreed as much as they are now regarding where the housing market is going next. (Nicole Friedman, Nick Timiraos, The Wall Street Journal)
    • Contractors and construction technology firms are watching as skilled workers look for new jobs in a turbulent economy. (Matthew Thibault, Construction Dive)
    • The ability to conveniently charge electric vehicles away from home is a top concern for many owners, indicating the strong need for an extensive and reliable external charging infrastructure. (Robert Charette, IEEE Spectrum)
    Read the full story...
    Reprinted courtesy of Pillsbury's Construction & Real Estate Law Team

    Several Lewis Brisbois Partners Recognized by Sacramento Magazine in List of Top Lawyers

    October 03, 2022 —
    Sacramento, Calif. (September 2, 2022) - Sacramento Magazine has recognized several partners from Lewis Brisbois' Sacramento office on its List of Top Lawyers of 2022. The list is developed through a peer nomination process, with nominees then evaluated on the basis of survey results, the legitimacy of their licenses, and their standing with the State Bar of California. Qualifying attorneys who then receive the highest number of votes from their peers are included in the list, which is organized by area of practice. Congratulations to:
    • Managing Partner John S. Poulos, recognized for Construction Law and Construction Litigation.
    • Partner Paul R. Baleria, recognized for Medical Malpractice.
    • Partner Scott E. Bartel, recognized for Securities & Corporate Finance and Securities Litigation.
    • Partner Greg L. Johnson, recognized for Banking & Financial Services.
    • Partner Eric J. Stiff, recognized for Mergers & Acquisitions.
    Read the full story...
    Reprinted courtesy of Lewis Brisbois

    Illinois Appellate Court Addresses Professional Services Exclusion in Homeowners Policy

    August 03, 2022 —
    In Stonegate Ins. Co. v. Smith, 2022 IL App (1st) 210931, the Insured was performing plumbing work at a multi-story townhouse when a fire ensued causing damage to the second story unit. Although a carpenter by trade, the Insured was performing plumbing work consisting of the replacement of a shower valve as a favor for a friend. To accomplish the task, the Insured utilized a small propane torch to attempt to remove the old water piping to the shower. In doing so, the insulation behind the bathroom wall caught fire and the flame spread upward to the neighboring unit. Stonegate had issued a homeowner’s policy to the Insured during the relevant time period. The homeowner's policy excluded coverage for property damage "[a]rising out of the rendering of or failure to render professional services." Subsequent to tender of the loss, Stonegate initiated a declaratory judgment action seeking a declaration that it owned no duty to defend or indemnity pursuant to the professional services exclusions. In finding in favor of the Insured, the Court began its analysis by noting that the homeowner's policy did not define the term "professional services" such that it was the Court’s task to determine whether the Insured’s work qualified as a "professional service" for purposes of the exclusion. The Court further prefaced its holding by stating that for an exclusionary clause to effectively deny coverage, its applicability must be clear and free from doubt because any doubts as to coverage will be resolved in favor of the insured. Looking to Illinois case precedent, the Court found that the term "professional service" is not limited to services for which the person performing them must be licensed by a governmental authority. Rather, "professional services" encompass any business activity conducted by an insured that (1) involves specialized knowledge, labor, or skill, and (2) is predominantly mental or intellectual as opposed to physical or manual in nature. Read the full story...
    Reprinted courtesy of James M. Eastham, Traub Lieberman
    Mr. Eastham may be contacted at jeastham@tlsslaw.com