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    Construction Expert Witness Builders Information
    Parkland, 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 Parkland Florida

    Commercial and Residential Contractors License Required.


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

    Parkland Florida Construction Expert Witness 10/ 10

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

    Parkland Florida Construction Expert Witness 10/ 10

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

    Parkland Florida Construction Expert Witness 10/ 10

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

    Parkland Florida Construction Expert Witness 10/ 10

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

    Parkland Florida Construction Expert Witness 10/ 10

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

    Parkland Florida Construction Expert Witness 10/ 10

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

    Parkland Florida Construction Expert Witness 10/ 10


    Construction Expert Witness News and Information
    For Parkland Florida


    Recent Amendments and Caselaw Affecting the Construction Industry in Texas

    Know What’s Under Ground and Make Smarter Planning Decisions

    Nevada Bill Aims to Reduce Legal Fees For Construction Defect Practitioners

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

    Visual Construction Diaries – Interview with Jeff Sassinsky of Fovea Aero

    Duty to Defend Broadly Applies to Entire Action; Insured Need Not Apportion Defense Costs, Says Maryland Appeals Court

    Moving Toward a Telework Future: A Checklist of Considerations for Employers

    Home Buyers will Pay More for Solar

    Submitting Claims on Government Projects Can Be Tricky

    S&P Near $1 Billion Mortgage Ratings Settlement With U.S.

    Changes to Comprehensive Insurance Disclosure Act in New York Introduced

    Baby Boomer Housing Deficit Coming?

    Insurance Tips for Contractors

    Chinese Billionaire Sues Local Governments Over Project Payment

    U.K. Puts Tax on Developers to Fund Safer Apartment Blocks

    Newmeyer & Dillion Ranked Fourth Among Medium Sized Companies in 2016 OCBJ Best Places to Work List

    Alabama Limits Duty to Defend for Construction Defects

    At $350 Million, Beverly Hillbillies Mansion Is Most Expensive in U.S.

    Ahlers, Cressman & Sleight PLLC Ranked Top Washington Law Firm By Construction Executive

    Home Prices Up in Metro Regions

    Newmeyer Dillion Partner Louis "Dutch" Schotemeyer Named One of Orange County's 500 Most Influential by Orange County Business Journal

    Does a Contractor (or Subcontractor) Have to Complete its Work to File a Mechanics Lien

    Addressing Safety on the Construction Site

    Is Arbitration Final and Binding?

    Preventing Costly Litigation Through Your Construction Contract

    Think Twice Before Hedging A Position Or Defense On A Speculative Event Or Occurrence

    Neighbors Fight to Halt Construction after Asbestos found on Property

    Effective Allocation of Damages for Federal Contract Claims

    Home Buyer May Be Third Party Beneficiary of Property Policy

    Shifting Fees and Costs in Nevada Construction Defect Cases

    Crime Lab Beset by Ventilation Issues

    Time is of the Essence, Even When the Contract Doesn’t Say So

    When an Insurer Proceeds as Subrogee, Defendants Cannot Assert Contribution Claims Against the Insured

    Testimony from Insureds' Expert Limited By Motion In Limine

    Haight Brown & Bonesteel Ranked on the 2017 "Best Law Firms" List by U.S. News - Best Lawyers

    Property Insurance Exclusion: Leakage of Water Over 14 Days or More

    The Risk of A Fixed Price Contract Is The Market

    Karen Campbell, Kristen Perkins to Speak at CLM 2020 Annual Conference in Dallas

    Wes Payne Receives Defense Attorney of the Year Award

    US Attorney Alleges ADA Violations in Chicago Cubs Stadium Renovation

    Housing Inventory Might be Distorted by Pocket Listings

    Couple Perseveres to Build Green

    Spotting Problem Projects

    Construction Firm Settles Suit Over 2012 Calif. Wildfire

    While Starts Fall, Builder Confidence and Permits are on the Rise

    Anti-Fracking Win in N.Y. Court May Deal Blow to Industry

    Recovering For Inflation On Federal Contracts: Recent DOD Guidance On Economic Price Adjustment Clauses

    Mandatory Attorneys’ Fee Award for Actions Brought Under the Underground Utility Damage Prevention Act

    Maryland Contractor Documents its Illegal Deal and Pays $2.15 Million to Settle Fraud Claims

    “Based On”… What Exactly? NJ Appellate Division Examines Phrase and Estops Insurer From Disclaiming Coverage for 20-Month Delay
    Corporate Profile

    PARKLAND FLORIDA CONSTRUCTION EXPERT WITNESS
    DIRECTORY AND CAPABILITIES

    Leveraging from more than 7,000 construction defect and claims related expert witness designations, the Parkland, Florida Construction Expert Witness Group provides a wide range of trial support and consulting services to Parkland's most acknowledged construction practice groups, CGL carriers, builders, owners, and public agencies. Drawing from a diverse pool of construction and design professionals, BHA is able to simultaneously analyze complex claims from the perspective of design, engineering, cost, or standard of care.

    Construction Expert Witness News & Info
    Parkland, Florida

    Insured's Failure to Challenge Trial Court's Application of Exclusion Makes Appeal Futile

    November 15, 2022 —
    The Texas Court of Appeals affirmed the trial court's granting of summary judgment to the insurer because the appeal failed to challenge the exclusion under which the insurer found no coverage. Sosa v. Auto Club Indemn. Co., 2022 Tex. App. LEXIS 6520 (Tex. Ct. App. Aug. 30, 2022). Sosa's house was damaged during Hurricane Harry on August 26, 2017. Sosa filed a claim with Auto Club. She reported that two feet of floodwater had entered her home, her roof was missing shingles and was leaking, and she had sustained interior damage. An adjuster estimated the cost to prepare the roof damage was $1,191.96, less that her deductible. Auto Club determined that any remaining damage was caused by flood water, which was expressly excluded from coverage. On November 11, 2020, Sosa filed suit against Auto Club for breach of the policy. Among other things, she argued the adjuster spent minimal time at her home inspecting and was inexperienced. In its answer, Auto Club asserted Sosa's claim was time-barred by the statute of limitations. Sosa then filed an amended complaint and changed the date of the loss from August 26, 2017, to June 28, 2019. Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    Court Affirms Duty to Defend Additional Insured Contractor

    December 05, 2022 —
    The appellate court affirmed the lower court's ruling that the insurer must defend. Main St. Am. Assurance Co. v. Merchants Mut. Ins. Co., 2022 N.Y. App. Div. LEXIS 5507 (N.Y. App. Div., Oct. 7, 2022).  XL Construction Services, LLC was the contractor on a construction project. Timothy J. O'Connor was insured when performing drywall finishing as a self-employee subcontractor on the project. As part of a written indemnification and insurance agreement between the parties, O'Connor was obligated to obtain insurance for the benefit of XL Construction. O'Connor was insured by Merchants Mutual Insurance Company under a policy containing an additional insureds endorsement that provided coverage to a party where required by a written agreement, but "only with respect to liability for 'bodily injury' . . . caused in whole or in part, by . . . [O'Connor's] acts or omissions." The trial court found there was a duty to defend and entered judgment that Merchants Mutual was obligated to provided a defense to XL Construction. Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    No Coverage for Repairs Made Before Suit Filed

    August 22, 2022 —
    After a hurricane damaged the building the insured was constructing, there was no coverage under the CGL policy for repairs the insured made in the absence of a suit being filed. Planet Construction J2911 LLC. v. Gemini Ins. Co., 2022 U.S. Dist. LEXIS 105468 (W.D. La. June 13, 2022). Planet Construction was a general contractor hired to build a fitness club. On August 27, 2020, Hurricane Laura struck the area. After the storm, a pipe in the sprinkler system broke, allegedly due to faulty materials and workmanship by a subcontractor, S&S Sprinkler. Planet Construction sought coverage under its policy with Gemini as well as under S&S's policy with Zurich. Both insurers denied coverage and Planet Construction filed suit. Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    Avoid L&I Violations by Following Appropriate Safety Procedures

    November 07, 2022 —
    Department of Labor and Industries of the State of Washington v. Roof Doctor, Inc. d/b/a Roof Doctors, Inc. of Tacoma (Unpublished opinion) Roof Doctor, a company engaging maintenance of roofs, was hired to complete work for a commercial building in Tacoma in February 2018. During the job, Roof Doctor was cited for two violations by a Washington State Department of Labor and Industries’ (L&I) compliance inspector and seven additional asbestos violations. Each citation was rated with a probability of 1 – 3 to determine the likelihood of injury, illness, or disease. The ratings allowed issuance of an appropriate monetary penalty. The disputes among the parties on appeal were as follows: First, L&I and Roof Doctor disputed the asbestos probability ratings and calculated penalties. L&I produced as evidence, the fact that nine employees were physically hanging roofing material with asbestos, but none had training or knew that the material contained asbestos. L&I did agree that that most of the employees were experienced in handling roofing material and knew of the dangers that asbestos presented. Roof Doctor explained that because the employees were working outdoors, the danger of asbestos exposure was mitigated due to a low probability that a high concentration of asbestos could be inhaled by the employees when outdoors. Read the full story...
    Reprinted courtesy of Ahlers Cressman & Sleight PLLC

    Eminent Domain Bomb Threats Made on $775M Alabama Highway Project

    July 03, 2022 —
    Multiple bomb threats have been made against Alabama transportation officials, law enforcement and others in reaction to eminent domain plans for a major highway expansion project. Reprinted courtesy of Derek Lacey, Engineering News-Record Mr. Lacey may be contacted at laceyd@enr.com Read the full story...

    Unfair Risk Allocation on Design-Build Projects

    June 13, 2022 —
    The AGC annual convention included a session entitled “Who’s on the Hook for Design Defects in Design-Build Projects.” Fox Rothschild’s Dirk Haire, Les Synder of Infrastructure Construction Brightline West, and David Hecker of Kiewit presented. Attendees crowded into a standing-only room because more and more builders are facing design liability, especially design-builders on large infrastructure projects. The presentation highlighted how some owners abuse the submittal process on design-build jobs to make changes without compensating the builder with more time, money, or both. One project took a sample of owner comments and extrapolated that just one project generated over 15,000 submittals and generated over 110,000 comments of “concern” or “preference.” Certain owner-representatives and attorneys for owners have oversold the risk allocation transfer aspect of design-build. The Spearin Doctrine protects a builder from design documents containing errors by entitling them to receive equitable compensation. The design-build project delivery method erodes potential Spearin protections. Ways that an owner may retain some design responsibility and bring Spearin protections back into play for a builder include the following:
    • Accuracy of reports prepared by owner’s outside consultants
      • Owner’s design approval process
      • Viability of owner’s stated design and project criteria
    Read the full story...
    Reprinted courtesy of Brian Perlberg, ConsensusDocs

    Congratulations 2022 DE, MA, NJ, NY and PA Super Lawyers and Rising Stars

    August 03, 2022 —

    Twelve White and Williams lawyers have been named by Super Lawyers as a Delaware, Massachusetts, New Jersey, New York or Pennsylvania "Super Lawyer" while eleven received "Rising Star" designations. Lawyers are selected through a process that takes into consideration peer recognition and professional achievement. The lawyers named to this year’s list represent a multitude of practices throughout the firm.

    Super Lawyers 2022

    AttorneyPractice Area
    John Balaguer PI Defense: Med Mal
    David Chaffin Business Litigation
    Eric Hermanson Insurance Coverage
    Michael Kassak General Litigation
    Bridget La Rosa Estate Planning and Probate
    Randy Maniloff Insurance Coverage
    David Marion Business Litigation
    Wesley Payne Insurance Coverage
    Patricia Santelle Insurance Coverage
    Jay Shapiro Criminal Defense: White Collar
    Heidi Sorvino Bankruptcy: Business
    Andrew Susko Civil Litigation: Defense
    Read the full story...
    Reprinted courtesy of White and Williams LLP

    Real Estate & Construction News Round-Up (08/10/22)

    August 29, 2022 —
    The Senate passes the Inflation Reduction Act, construction costs continue to rise across the U.S., commercial real estate advances the adoption of ESG strategies, and more.
    • The recently-passed Inflation Reduction Act of 2022 leaves out the carried interest tax hike, much to the relief of real estate investors worldwide. (Taylor Driscoll, Bisnow)
    • Commercial real estate continues to push forward ESG strategies, given the significant carbon footprints left by most office buildings. (Ted Jackson, CFO)
    • “Space as a Service” tech company Neighbor, which re-purposes under-utilized real estate into storage for tenants, hits its stride in the post-pandemic landscape as the excess of unprofitable space rises. (The Real Deal)
    Read the full story...
    Reprinted courtesy of Pillsbury's Construction & Real Estate Law Team