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    Dade City, 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 Dade City Florida

    Commercial and Residential Contractors License Required.


    Construction Expert Witness Contractors Building Industry
    Association Directory
    Hernando Bldrs Assoc
    Local # 1010
    7391 Sunshine Grove Rd
    Brooksville, FL 34613

    Dade City Florida Construction Expert Witness 10/ 10

    Home Builders Association of Metro Orlando
    Local # 1040
    544 Mayo Ave
    Maitland, FL 32751

    Dade City Florida Construction Expert Witness 10/ 10

    Home Builders & CA of Brevard
    Local # 1012
    1500 W Eau Gallie Blvd Ste A
    Melbourne, FL 32935

    Dade City Florida Construction Expert Witness 10/ 10

    Home Builders Association of Lake County
    Local # 1026
    1100 N Joanna Ave
    Tavares, FL 32778

    Dade City Florida Construction Expert Witness 10/ 10

    Citrus Cty Bldr Assn
    Local # 1006
    1196 S Lecanto Hwy
    Lecanto, FL 34461

    Dade City Florida Construction Expert Witness 10/ 10

    Polk County Builders Association
    Local # 1028
    2232 Heritage Dr
    Lakeland, FL 33801

    Dade City Florida Construction Expert Witness 10/ 10

    Tampa Bay Builders Association
    Local # 1036
    11242 Winthrop Main St
    Riverview, FL 33578

    Dade City Florida Construction Expert Witness 10/ 10


    Construction Expert Witness News and Information
    For Dade City Florida


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    DADE CITY FLORIDA CONSTRUCTION EXPERT WITNESS
    DIRECTORY AND CAPABILITIES

    The Dade City, 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. Leveraging from this considerable body of experience, BHA provides construction related trial support and expert services to Dade City'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
    Dade City, Florida

    Force Majeure Recommendations

    August 15, 2022 —
    This Bulletin provides guidance to contractors, subcontractors, suppliers, and others to ensure compliance with contractual change order requirements in the event work on a construction project is impacted by a force majeure event. Contract Protection Tips: A force majeure event is defined as an unforeseeable circumstance that prevents someone from fulfilling a contract. Because many events arising on a construction project could be arguably unforeseen, it is imperative that the contract contain a Force Majeure provision. Examine all contracts for the applicable Force Majeure provision. Look for a clause like this:
    § 8.3.3 Any failure or omission by Owner or Contractor in performance of its obligation shall not be deemed a breach or create any liability for damages or other relief (other than additional time) if it arises from any cause beyond the reasonable control of such party, including, without limitation, acts of God, floods, fire, explosions, storms, earthquakes, acts of public enemy, war, terrorism, rebellion, insurrection, riot, sabotage, invasion, epidemic, quarantine, strikes, lockouts, labor disputes or other industrial disturbances, or any order or action by any governmental agency, or causes of similar nature.
    Read the full story...
    Reprinted courtesy of Denise Motta, Gordon Rees Scully Mansukhani, LLP
    Ms. Motta may be contacted at dmotta@grsm.com

    Amazon Urged to Review Emergency Plans in Wake of Deadly Tornado

    June 20, 2022 —
    Amazon.com Inc. should better prepare workers for extreme weather events, according to federal regulators who investigated a deadly tornado strike on a company warehouse in Edwardsville, Illinois. The storm ripped through the facility in December, killing six workers and injuring several others, prompting the Occupational Safety and Health Administration to launch a probe. At the time, Amazon said the facility complied with all construction regulations and that proper safety procedures were followed when the tornado struck. But several workers told Bloomberg that training for such events was minimal and mostly entailed pointing out emergency exits and assembly points. An OSHA report released on Tuesday echoed those concerns. The agency said a bullhorn that was supposed to be used to tell workers to take cover was locked up in a cage and inaccessible. In interviews with investigators, some employees couldn’t recall ever participating in emergency drills and said they mistakenly took shelter in a bathroom on the south side of the building rather than in designated restrooms on the north side. Read the full story...
    Reprinted courtesy of Spencer Soper, Bloomberg

    Nation’s Top Court Limits EPA's Authority in Clean Air Case

    July 25, 2022 —
    The U.S. Supreme Court has limited the ability of the U.S. Environmental Protection Agency to regulate power plant greenhouse gas emissions, but the ruling was more limited than some environmental advocates had feared. Reprinted courtesy of Pam McFarland, Engineering News-Record Ms. McFarland may be contacted at mcfarlandp@enr.com Read the full story...

    Substitute Materials — What Are Your Duties? What Are Your Risks? (Law Note)

    June 27, 2022 —
    In managing a project as the design professional, you are called upon to wear many hats. One of those hats is that of material specifier and, at times, substitute material approver. What are your duties in looking at substitute materials? As always, the legal answer is “it depends”. In part, it will depend on your role on the project and what, specifically, the contract says. However, at its most basic, you can be sued for accepting an out of spec substitute material. This is so even if you believed the spec met requirements based on information that the contractor gave you. So, tread carefully in this area. Do not assume any information that the contractor presents to you– take the time to research for yourself, call the manufacturer, and otherwise ensure that the product will work. Read the full story...
    Reprinted courtesy of Melissa Dewey Brumback, Ragsdale Liggett
    Ms. Brumback may be contacted at mbrumback@rl-law.com

    Look Up And Look Out: Increased Antitrust Enforcement Of Horizontal No-Poach Agreements Signals Heightened Scrutiny Of Vertical Agreements May Be Next

    November 28, 2022 —
    In the current regulatory environment, it is important for contractors to remain vigilant of heightened anti-competitive enforcement in the construction and procurement spheres by the United States Department of Justice (DOJ). Such vigilance should include, among other things, regular review of applicable laws and implementation of related updates to compliance policies, as well as careful evaluation of joint venture (JV), subcontractor, and teaming agreements.  Recent DOJ Activity Opens The Door To Broader Antitrust Exposure For Contractors Many contractors include exclusivity and non-compete clauses in their vertical agreements, including subcontractor agreements and certain types of JV and teaming agreements. In fact, many widely available “checklists” for drafting these agreements recommend including such provisions; however, under U.S. antitrust law, particularly as enforced by the DOJ in the last 1-2 years, exclusivity and non-compete clauses may be construed as unduly competition-restricting. Although no court has yet held that exclusivity and non-compete clauses in vertical agreements violate antitrust laws, recent aggressive enforcement activity by the DOJ with regard to horizontal no-poach agreements suggests that the investigatory headwinds may be blowing in that direction. Reprinted courtesy of John F. Finnegan, III, Watt, Tieder, Hoffar, & Fitzgerald, LLP (ConsensusDocs) and Dominick Weinkam, Watt, Tieder, Hoffar, & Fitzgerald, LLP (ConsensusDocs) Mr. Finnegan may be contacted at jfinnegan@watttieder.com Mr. Weinkam may be contacted at dweinkam@watttieder.com Read the full story...

    Tech to Help Contractors Avoid Litigation

    November 01, 2022 —
    Risk mitigation is a bigger part of managing construction projects than most people outside the industry realize. Construction is a risky business by nature. However, with the right tools, contractors can protect their businesses from costly litigation and keep jobsites safer and more productive. Modern technology helps increase project visibility for internal and external stakeholders, helping them monitor risks and resolve potential issues as quickly as possible. How does increased visibility reduce risk? The most common causes of litigation in construction are quality issues, schedule delays and injuries. Each of these risks can be reduced with better communication and documentation. Reprinted courtesy of Brian Poage, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

    Real Estate & Construction News Round-Up (06/29/22)

    July 11, 2022 —
    Housing market activity is on the downtick, the Partnership for Global Infrastructure and Investment launches, the SEC proposes a climate rule that signals a new era for real estate, and more. 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