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    Naples, 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 Naples Florida

    Commercial and Residential Contractors License Required.

    Construction Expert Witness Contractors Building Industry
    Association Directory
    Collier Building Industry Association
    Local # 1005
    3200 Bailey Lane Ste 110
    Naples, FL 34105

    Naples Florida Construction Expert Witness 10/ 10

    Builders Association of South FL
    Local # 1032
    15225 NW 77th Ave
    Miami Lakes, FL 33014

    Naples Florida Construction Expert Witness 10/ 10

    Lee Building Industry Association
    Local # 1016
    10501 SIX MILE CYPRESS PKWY Ste 104
    Fort Myers, FL 33966

    Naples Florida Construction Expert Witness 10/ 10

    Gold Coast Builders Association
    Local # 1025
    2617 North Australian Ave
    West Palm Beach, FL 33407

    Naples Florida Construction Expert Witness 10/ 10

    Charlotte-DeSoto Building Industry Association
    Local # 1002
    17984 Toledo Blade Blvd
    Port Charlotte, FL 33948

    Naples Florida Construction Expert Witness 10/ 10

    Treasure Coast Builders Association
    Local # 1030
    6560 South Federal Highway
    Port Saint Lucie, FL 34952

    Naples Florida Construction Expert Witness 10/ 10

    Home Builders Association of Manatee - Sarasota County
    Local # 1041
    8131 Lakewood Main St Ste 207
    Lakewood Ranch, FL 34202

    Naples Florida Construction Expert Witness 10/ 10

    Construction Expert Witness News and Information
    For Naples Florida

    Contractors Should be Aware of Homeowner Duties When Invited to Perform Residential Work

    New Jersey’s Governor Puts Construction Firms on Formal Notice of His Focus on Misclassification of Workers as Independent Contractors

    California Indemnity and Defense Construction Law Changes for 2013

    A Court-Side Seat: As SCOTUS Decides Another Regulatory “Takings” Case, a Flurry of Action at EPA

    Critical Materials for the Energy Transition: Of “Rare Earths” and Even Rarer Minerals

    Beware of Personal-Liability Clauses – Even When Signing in Your Representative Capacity

    Is Your Business Insured for the Coronavirus?

    Don MacGregor To Speak at 2011 West Coast Casualty Construction Defect Seminar

    Report to Congress Calls for Framework to Cut Post-Quake Recovery Time

    Safe Harbors- not just for Sailors anymore (or, why advance planning can prevent claims of defective plans & specs) (law note)

    How Many Bridges Does the Chesapeake Bay Need?

    Homebuilder Confidence Takes a Beating

    Architectural Firm, Fired by School District, Launches Lawsuit

    Latin America’s Biggest Corporate Crime Gets a Worthy Epic

    Factories Boost U.S. Output as Builders Gain Confidence: Economy

    The Buck Stops Over There: Have Indemnitors Become the Insurers of First and Last Resort?

    NEHRP Recommendations Likely To Improve Seismic Design

    Evergrande’s Condemned Towers on China’s Hawaii Show Threat

    Hovnanian Reports “A Year of Solid Profitability”

    Texas Jury Finds Presence of SARS-CoV-2 Virus Causes “Physical Loss or Damage” to Property, Awards Over $48 Million to Baylor College of Medicine

    April Rise in Construction Spending Not That Much

    Henkels & McCoy Pays $1M in Federal Overtime-Pay Case

    French Laundry Spices Up COVID-19 Business Interruption Debate

    Guardrail Maker Defrauded U.S. of $175 Million and Created Hazard, Jury Says

    Most Common OSHA Violations Highlight Ongoing Risks

    New Addition To New Jersey Court Rules Impacts More Than Trial Practice

    Professional Liability Alert: Joint Client Can't Claim Privilege For Communications With Attorney Sued By Another Joint Client

    Project-Specific Policies and Products-Completed Operations Hazard Extensions

    Court of Appeal Shines Light on Collusive Settlement Agreements

    Buffett’s $11 Million Beach House Is Still on the Market

    White Collar Overtime Regulations Temporarily Blocked

    Another Reminder to ALWAYS Show up for Court

    Ambitious Building Plans in Boston

    Can a Receiver Prime and Strip Liens Against Real Property?

    Nevada Supreme Court Declares Subcontractor Not Required to Provide Pre-Litigation Notice to Supplier

    Angela Cooner Named "Top Lawyer" by Phoenix Magazine in Inaugural Publication

    Wait, You Want An HOA?! Restricting Implied Common-Interest Communities

    New Braves Stadium Is Three Months Ahead of Schedule, Team Says

    New York State Legislature Reintroduces Bills to Extend Mortgage Recording Tax to Mezzanine Debt and Preferred Equity

    New York Court Discusses Evidentiary Standards for Policy Rescission Based on Material Misrepresentation

    NEW DEFECT WARRANTY LAWS – Now Applicable to Condominiums and HOAs transitioning from Developer to Homeowner Control. Is Your Community Aware of its Rights Under the New Laws?

    How One Squirrel Taught us a Surprising Amount about Insurance Investigation Lessons Learned from the Iowa Supreme Court

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

    One Sector Is Building Strength Amid Slow Growth

    Litigation Counsel of America Honors Partner Victor Anderson with Peter Perlman Award

    More Construction Defects for San Francisco’s Eastern Bay Bridge Expansion

    Don’t Conspire to Build a Home…Wait…What?

    How the Election Could Affect the Housing Industry: Steven Cvitanovic Authors Construction Today Article

    Not so Fast! How Does Revoking Acceleration of a Note Impact the Statute of Limitations?

    Citigroup Reaches $1.13 Billion Pact Over Mortgage Bonds
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    The Naples, 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 Naples' 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
    Naples, Florida

    Five Construction Payment Issues—and Solutions

    October 03, 2022 —
    Sales are important for construction companies that want to succeed. However, while companies certainly need to spend time on sales and marketing, having a full order book is only part of the equation. They still need to do the work and, even more importantly, they need to be able to collect payment from customers. Here are common payment issues in the construction industry and what leaders can do to prevent or mitigate them. 1. Change Order Disputes If a project goes exactly as planned and quoted, billing the customer is a fairly simple matter. However, it’s very rare that any job goes exactly according to the quote in the construction business. Change orders, omissions and additions are typical on jobs of any size across the industry. If contractors are not handling those changes properly by getting everything in writing, they could be in trouble when the time comes to send invoices. Reprinted courtesy of Michael Bignold, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

    Deadline for Hurricane Ian Disaster Recovery Applications Announced

    October 17, 2022 —
    Washington, D.C. (October 11, 2022) - On Friday, October 7, 2022, the Florida Division of Emergency Management (FDEM) announced that applications for the Federal Emergency Management Agency’s (FEMA) Public Assistance Grant Program are due by October 29, 2022. FEMA provides disaster recovery assistance to eligible individuals, families, governments, and private non-profit entities. However, the process for recovering costs is complicated, and FEMA has broad discretion to determine whether applicants and their expenses are eligible. All too often, failure to understand FEMA regulations or submit sufficient documentation results in FEMA denying applicants’ claims, leaving individuals, local governments, and non-profits to bear the full cost of recovery. While ensuring successful recovery through the FEMA grant program can be challenging, clients can increase their likelihood of success when preparing the initial application and documentation by enlisting experienced legal counsel who understand the FEMA process and regulations. Read the full story...
    Reprinted courtesy of Lewis Brisbois

    State-Fed Fight Heats Up Over Building Private Nuclear Disposal Sites

    August 03, 2022 —
    The U.S. Nuclear Regulatory Commission and Interim Storage Partners, a joint venture that gained a federal license last year to build an interim storage facility for spent commercial nuclear fuel at a Texas site, have until Aug. 3 to answer a federal lawsuit claim by state officials that a new U.S. Supreme Court decision eliminates the federal agency’s licensing authority. Reprinted courtesy of Mary B. Powers, Engineering News-Record and Debra K. Rubin, Engineering News-Record Ms. Rubin may be contacted at Read the full story...

    Quick Note: Attorney’s Fees on Attorney’s Fees

    June 13, 2022 —
    In a recent case, the appellate court held that the attorney’s fees provision in the contract was NOT broad enough to entitle the prevailing party to recover attorney’s fees for litigating the amount of attorney’s fees. This is known as “fees on fees” which is when you can recover your prevailing party attorney’s fees when you are fighting over the quantum that should be awarded to you as the prevailing party. The attorney’s fees provision at-issue stated: “In any lawsuit to enforce the Lease or under applicable law, the party in whose favor a judgment or decree has been rendered may recover its reasonable court costs including attorney’s fees from the non-prevailing party.” Language similar to this language can be found in many contracts as a prevailing party attorney’s fees provision. However, this provision was NOT broad enough to recover “fees on fees.” As explained in this article, if this is a consideration, you can negotiate or include this provision into your construction contract by expanding the scope of the prevailing party attorney’s fees provision to clarify that it entitles the prevailing party to recover attorney’s fees in litigating the amount of attorney’s fees. Read the full story...
    Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
    Mr. Adelstein may be contacted at

    Condominiums and Homeowners Associations Remain Popular Housing Choices for U-S Homeowners

    July 11, 2022 —
    Falls Church, Va., July 06, 2022 (GLOBE NEWSWIRE) -- Maintenance-free, safety, and cleanliness are top features that make community associations a popular choice and lifestyle for millions of Americans. According to results from the 2022 Homeowner Satisfaction Survey, the overwhelming majority (89%) of homeowners and condominium association residents rate their overall experience of living in a community association as "very good" or "good" (67%), or neutral (22%). At a time when community matters most, the majority (87%) said they knew their home was part of a community association and nearly half (45%) said the association made them more interested in the home. Eighty-seven percent of respondents believe that their governing board "absolutely" or "for the most part" serves the best interest of the community. More than half of residents (68%) believe that rules in their communities protect and enhance property values. Results from almost identical national surveys conducted in 2005, 2007, 2009, 2012, 2014, 2016, 2018, 2020, and 2022 are strikingly consistent. The online survey of 1,507 homeowners and condominium association members nationwide with oversampling was conducted in in four states: Illinois, New York, North Carolina and Washington. About Community Associations Institute Since 1973, Community Associations Institute (CAI) has been the leading provider of resources and information for homeowners, volunteer board leaders, professional managers, and business professionals in the more than 355,000 homeowners associations, condominiums, and housing cooperatives in the United States and millions of communities worldwide. With more than 43,000 members, CAI works in partnership with 36 legislative action committees and 63 affiliated chapters within the U.S., Canada, South Africa, and the United Arab Emirates as well as with housing leaders in several other countries, including Australia, Spain, and the United Kingdom. A global nonprofit 501(c)(6) organization, CAI is the foremost authority in community association management, governance, education, and advocacy. Our mission is to inspire professionalism, effective leadership, and responsible citizenship—ideals reflected in community associations that are preferred places to call home. Visit us at, and follow us on Twitter and Facebook @CAISocial.

    Understand Agreements in Hold Harmless and Indemnity Provisions

    June 06, 2022 —
    One of the most important provisions in a construction contract is the indemnity provision. An indemnity provision, which usually includes a requirement to hold harmless and defend another party, is included in nearly all construction contracts. Generally speaking, the upstream party (a general contractor or owner, for example) is attempting to shift risk to a downstream party (the general contractor or a subcontractor). In simple terms, subject to certain parameters, the downstream party is agreeing to be responsible for the upstream parties’ mistakes. DEFINING INDEMNIFICATION Insurance brokers focused on development and construction businesses get asked frequently: “If we sign this, are we insured?” It would be great if this could be answered “yes” or “no,” but life is rarely that straightforward. To understand whether a specific indemnification is insurable, we have to drill down on the actual provision. Let’s look at a typical indemnification below:
    “To the fullest extent permitted by law the Contractor shall indemnify, defend and hold harmless the owner, architect, architect’s consultants and agents and employees of any of them from and against any claims, damages, losses and expenses, including but not limited to attorneys’ fees, arising out of or resulting from performance of the work whether caused in whole or in part by the contractor, a subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable.”
    Reprinted courtesy of Jeffrey Cavignac, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

    UPDATE: ACS Obtains Additional $13.6 Million for General Contractor Client After $19.2 Million Jury Trial Victory

    June 27, 2022 —
    In March 2022, ACS obtained a $19.2 million jury verdict in favor of its general contractor client after a lengthy trial against the project owner. Since that time, ACS has successfully obtained awards through post-trial motion practice for an additional $13.6 million in favor of the general contractor. These awards increased to total judgment to more than $32 million. When moving to enter judgment on the jury verdict, ACS successfully argued for and obtained more than $5 million in prejudgment interest on the jury verdict to compensate the general contractor for having to go years without payment for work performed. ACS also successfully obtained a decree of foreclosure on its construction lien and incorporated language in the judgment requiring the owner to pay an additional $1.9 million in Washington State sales tax on the jury award. Finally, under the authority of the Washington construction lien statute (RCW 60.04.181), ACS sought to recover the attorneys’ fees, costs, and expenses incurred by the general contractor client during the course of litigation. ACS succeeded in obtaining an award for more than $6.6 million for various expenses and costs including ACS’s attorney fees, all the costs of hiring expert witnesses, costs and expenses related to subcontractors’ presentation of pass-through claims against the owner, and other litigation costs and expenses. Read the full story...
    Reprinted courtesy of Kristina Southwell, Ahlers Cressman & Sleight PLLC
    Ms. Southwell may be contacted at

    Jury Trials: A COVID Update

    July 18, 2022 —
    JURY TRIALS. Budd v. Kaiser Gypsum Co., Inc., — Wn. App. 2d –, 505 P.3d 120 (Wash. Ct. App. 2022). (1) Courts must ensure that juries are randomly selected to provide a fair and impartial jury. (2) While the Sixth and Fourteenth Amendments prohibit the systematic exclusion of distinctive groups from jury pools, Washington Courts’ COVID-19 policy to excuse people who were ages 60 and older and did not wish to report for duty was not a “systematic” exclusion. Raymond Budd developed mesothelioma after working with a drywall product called “joint compound” from 1962 to 1972. He sued Kaiser Gypsum Company, Inc. and others for damages, contending that the company’s joint compound caused his illness. A jury returned a verdict in Budd’s favor and awarded him nearly $13.5 million. Kaiser appeals, claiming (1) insufficient randomness in the jury-selection process, (2) erroneous transcription of expert testimony, (3) lack of proximate causation, (4) lack of medical causation, (5) an improper jury instruction on defective design, (6) improper exclusion of sexual battery and marital discord evidence, (7) improper admission of post-exposure evidence, (8) improper exclusion of regulatory provisions, and (9) a failure to link its product to Budd’s disease. The Court of Appeals, Division 1, affirmed the verdict in favor of Budd. Read the full story...
    Reprinted courtesy of Joshua Lane, Ahlers Cressman & Sleight PLLC
    Mr. Lane may be contacted at