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    Interlachen, 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 Interlachen Florida

    Commercial and Residential Contractors License Required.


    Construction Expert Witness Contractors Building Industry
    Association Directory
    Flagler Co-Palm Coast Home Builders Association
    Local # 1011
    4863 Palm Coast Parkway NW Ste 1
    Palm Coast, FL 32137

    Interlachen Florida Construction Expert Witness 10/ 10

    Builders Association of North Central FL
    Local # 1020
    2217 NW 66th Ct
    Gainesville, FL 32653

    Interlachen Florida Construction Expert Witness 10/ 10

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

    Interlachen Florida Construction Expert Witness 10/ 10

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

    Interlachen Florida Construction Expert Witness 10/ 10

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

    Interlachen Florida Construction Expert Witness 10/ 10

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

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

    Interlachen Florida Construction Expert Witness 10/ 10


    Construction Expert Witness News and Information
    For Interlachen Florida


    EO or Uh-Oh: Biden’s Executive Order Requiring Project Labor Agreements on Federal Construction Projects

    New York Developer’s Alleged Court Judgment Woes

    Incorporation, Indemnity and Statutes of Limitations, Oh My!

    Massachusetts Lawyers Weekly Honors Construction Attorney

    The Flood Insurance Reform Act May be Extended to 2016

    Duty to Defend Affirmed in Connecticut Construction Defect Case

    Texas Supreme Court Cements Exception to “Eight-Corners” Rule Through Two Recent Rulings

    California Supreme Court Declines to Create Exception to Privette Doctrine for “Known Hazards”

    Gru Was Wrong About the Money: Court Concludes that Lender Owes Contractor “Contractually, Factually and Practically”

    Mediation is (Almost) Always Worth a Shot

    No Coverage for Faulty Workmanship Causing Property Damage to Insured's Product Only

    Canada to Ban Foreigners From Buying Homes as Prices Soar

    Economic Loss Doctrine Bars Negligence Claim Against Building Company Owner, Individually

    Can I Be Required to Mediate, Arbitrate or Litigate a California Construction Dispute in Some Other State?

    Jury Instruction That Fails to Utilize Concurrent Cause for Property Loss is Erroneous

    How AB5 has Changed the Employment Landscape

    Commonwealth Court Holds That Award of Attorney's Fees and Penalties is Mandatory Under the Procurement Code Upon a Finding of Bad Faith

    The 2019 ISO Forms: Additions, Revisions, and Pitfalls

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    Why Federal and State Agencies are Considering Converting from a “Gallons Consumed” to a “Road Usage” Tax – And What are the Risks to the Consumer?

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    More Musings From the Mediation Trenches

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    Insurance Client Alert: Mere Mailing of Policy and Renewals Into California is Not Sufficient Basis for Jurisdiction Over Bad Faith Lawsuit

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    Newmeyer & Dillion Attorneys Selected to the 2016 Southern California Super Lawyers Lists

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    Floors Collapse at Russian University in St. Petersburg

    Interpreting Insurance Coverage and Exclusions: When Sudden means Sudden and EIFS means Faulty

    Godfather Charged with Insurance Fraud

    Congratulations to Partner John O’Meara for Being Named as One of America’s Top 100 Civil Defense Litigators for Three Consecutive Years!

    Peru’s Former President and His Wife to Stay in Jail After Losing Appeal

    Women Make Their Mark on Construction Leadership

    Mediation Fails In Federal Lawsuit Seeking Damages From Sureties for Alleged Contract Fraud

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    Property Damage, Occurrences, Delays, Offsets and Fees. California Decision is a Smorgasbord of Construction Insurance Issues

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    Corporate Profile

    INTERLACHEN FLORIDA CONSTRUCTION EXPERT WITNESS
    DIRECTORY AND CAPABILITIES

    The Interlachen, 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 Interlachen'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
    Interlachen, Florida

    Traub Lieberman Partner Greg Pennington Wins Summary Judgment in Favor of Property Owner

    September 12, 2022 —
    In a case brought before the Superior Court of New Jersey, Traub Lieberman Partner Greg Pennington won a motion for summary judgment in favor of their client, the owner of a residential property (“Property Owner”) in Atlantic City, New Jersey. The Property Owner had retained a Construction Company (“Construction Company” or “Contractor”) to perform renovations to the residence, which included building a new staircase. The Plaintiff alleged that while walking down a set of temporary wooden steps on the property, the third step broke, which caused him to fall and resulted in the alleged injuries. The Plaintiff brought suit against the Property Owner and Construction Company for personal injuries as a result of the alleged fall. In the contract between the Property Owner and the Construction Company, it is stated that “[the Contractor] shall be solely responsible for all construction methods and materials and for coordinating all portions of the Work….The Contractor warrants to [the Property Owner] that all materials and equipment incorporated are new and that all work shall be of good quality and free of defects or faults.” The contract continues to state that the Construction Company shall indemnify and hold harmless the Property Owner against all claims, which includes damages, losses, expenses, legal fees and other costs that might arise from the Construction Company’s performance of the work under the contract. Read the full story...
    Reprinted courtesy of Gregory S. Pennington, Traub Lieberman
    Mr. Pennington may be contacted at gpennington@tlsslaw.com

    Floating Cities May Be One Answer to Rising Sea Levels

    August 07, 2022 —
    Thanks to climate change, sea levels are lapping up against coastal cities and communities. In an ideal world, efforts would have already been made to slow or stop the impact. The reality is that climate mitigation remains difficult, and the 40% of humanity living within 60 miles of a coast will eventually need to adapt. One option is to move inland. A less obvious option is to move offshore, onto a floating city. It sounds like a fantasy, but it could real, later if not sooner. Last year, Busan, South Korea's second-largest city, signed on to host a prototype for the world's first floating city. In April, Oceanix Inc., the company leading the project, unveiled a blueprint. Representatives of SAMOO Architects & Engineers Co., one of the floating city's designers and a subsidiary of the gigantic Samsung Electronics Co., estimate that construction could start in a "year or two," though they concede the schedule might be aggressive. “It's inevitable,” Itai Madamombe, co-founder of Oceanix, told me over tea in Busan. “We will get to a point one day where a lot of people are living on water.” Read the full story...
    Reprinted courtesy of Adam Minter, Bloomberg

    Hunton Insurance Practice Again Scores “Tier 1” National Ranking in US News Best Law Firm Rankings

    December 05, 2022 —
    On November 3, 2022, US News announced its annual law firm rankings, where Hunton Andrews Kurth LLP garnered the highest (Tier 1) ranking among national insurance law practices. Hunton’s insurance team also received Tier 1 honors for “Insurance Law” in three regions (Washington, DC, Atlanta and San Francisco) and Tier 2 honors for “Litigation – Insurance” in Washington, DC. US News ranks law firms in tiers from 1 (highest) to 3 (lowest) based on quantitative data that speaks to general demographic and background information on the practice group, attorneys and other data that speaks to the strengths of a law firm’s practice, as well as qualitative client feedback about:
    1. the practice group’s expertise,
    2. responsiveness,
    3. understanding of a business and its needs,
    4. cost-effectiveness,
    5. civility, and
    6. whether the client would refer another client to the firm.
    Read the full story...
    Reprinted courtesy of Hunton Andrews Kurth LLP

    Does the UCC Apply to the Contract for the Sale of Goods and Services

    July 03, 2022 —
    What governs the transaction for the hybrid contract that includes both goods and services–the Uniform Commercial Code (UCC) or the common law? A question that is asked in numerous disputes. A good example is the recent case out of the Eleventh Circuit Court of Appeals, Wadley Crushed Stone Company, LLC v. Positive Step, Inc., 2022 WL 1639011 (11th Cir. 2022), dealing with Alabama law. In this case, the plaintiff (buyer) wanted to build a granite plant in Alabama that would process 500 tons of granite per hour. The plaintiff reached out to a defendant company to start the process of building a granite plant. The defendant company engaged vendors and professionals in the due diligence process to determine the equipment the plaintiff would need. After this due diligence, plaintiff and defendant entered into a contract that included equipment and services. Thereafter, the parties modified the contract to reduce the amount for the erection, installation, and electrical work (about $1.5 Million) as plaintiff planned to independently hire the contractor to perform that work. The modified contract was worth $4,059,224.43 of which there were 25 lines items for equipment totaling $3,887,274.43 with the balance (less than 5% of the contract amount) for engineering (done by a third party), installation, setup, and calibration of scales. Read the full story...
    Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
    Mr. Adelstein may be contacted at dma@kirwinnorris.com

    Overtime! – When the Statute of Limitations Isn’t Game Over For Your Claim

    August 07, 2022 —
    Statutes of limitations establish the period of time within which a claimant must bring an action after it accrues. An action can be filing a lawsuit and, in some instances, filing a demand for arbitration. But a multi-year construction project could be longer than the applicable statute of limitations. For example, under Delaware or North Carolina law, the statute of limitations for a breach of contract is only three years.1 So a claim for breach of a construction contract that occurred (i.e. accrued) at the beginning of a four-year project under Delaware or North Carolina law may expire before the project is completed. Generally, a claim accrues at the time of the breach (however, it is important to note that this is not always the case and claim accrual could be the subject of an entirely different article). During the course of a multi-year construction project, proposed change orders or claims for additional compensation can sit, unanswered or unpursued, for months. Or, the parties may informally agree as part of regular project communications to put off dealing with a claim head-on until the end of the project. On certain projects, slow-walking a claim is understandable, as a contractor may be hesitant to sue an owner in the middle of a multi-year project and risk upsetting an otherwise good working relationship. But a delay in formally asserting a put-off claim after it accrues could result in the claim falling subject to a statute of limitations defense. Read the full story...
    Reprinted courtesy of Bradley E. Sands, Jones Walker LLP (ConsensusDocs)
    Mr. Sands may be contacted at bsands@joneswalker.com

    High Court Case Review Frees Jailed Buffalo Billions Contractor CEO

    August 22, 2022 —
    Hidden amid the U.S. Supreme Court's flurry of high-profile rulings that ended its current term—such as overturning Roe v. Wade and scaling back federal regulation of greenhouse gas emissions—was a less-noticed decision to take a case next year that could change the fortunes of a convicted New York contractor who was serving a federal prison term for bid-rigging. Reprinted courtesy of Mary B. Powers, Engineering News-Record and Debra K. Rubin, Engineering News-Record Ms. Rubin may be contacted at rubind@enr.com Read the full story...

    Vermont Supreme Court Finds COVID-19 May Damage Property

    November 07, 2022 —
    As reported on this blog, policyholders have long been of the view that the presence of substances like COVID-19 and its causative virus SARS-CoV-2, which render property dangerous or unfit for normal business operations, should be sufficient to trigger coverage under commercial all-risk insurance, as has been the case for more than 60 years. However, many courts, federal courts in particular, despite decades of pro-policyholder precedent, have embraced the view that “viruses harm people, not [property].” Thirty-one months after the start of the pandemic, the first state high court has gone in a different direction, according greater weight to pro-policyholder precedent. Reprinted courtesy of Michael S. Levine, Hunton Andrews Kurth and Lorelie S. Masters, Hunton Andrews Kurth Mr. Levine may be contacted at mlevine@HuntonAK.com Ms. Masters may be contacted at lmasters@HuntonAK.com Read the full story...

    Real Estate & Construction News Round-Up (08/24/22) – Local Law 97, Clean Energy, and IRA Tax Credits

    September 26, 2022 —
    This week’s round-up features the intersection of real estate and energy efficiency, including state efforts surrounding clean energy legislation, Inflation Reduction Act tax credits, hotel & hospitality sectors creating sustainable initiatives to reduce carbon emissions, and more.
    • In New York City, building owners try to figure out how to pay for upgrades needed to comply with regulations outlined in Local Law 97 that are intended to fight climate change. (Jane Margolies, The New York Times)
    • Maryland, Massachusetts, and New York approve clean energy legislation, enacting laws to promote electric vehicles as well as wind and solar energy. (ACEEE)
    • The Inflation Reduction Act (IRA), signed into law by President Biden this week, includes expanded tax credits expected to pivot building owners and property developers to make upgrades geared towards energy efficiency. (Jack Rogers, Globe St.)
    Read the full story...
    Reprinted courtesy of Pillsbury's Construction & Real Estate Law Team