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    Port St. Lucie, 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
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    Commercial and Residential Contractors License Required.

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

    Port St. Lucie Florida Construction Expert Witness 10/ 10

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

    Port St. Lucie Florida Construction Expert Witness 10/ 10

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

    Port St. Lucie Florida Construction Expert Witness 10/ 10

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

    Port St. Lucie Florida Construction Expert Witness 10/ 10

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

    Port St. Lucie Florida Construction Expert Witness 10/ 10

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

    Port St. Lucie Florida Construction Expert Witness 10/ 10

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

    Port St. Lucie Florida Construction Expert Witness 10/ 10

    Construction Expert Witness News and Information
    For Port St. Lucie Florida

    Bad News for Buyers: U.S. Mortgage Rates Hit Highest Since 2014

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    The Port St. Lucie, 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 Port St. Lucie'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
    Port St. Lucie, Florida

    New FAR Rule Mandates the Use of PLAs on Large Construction Projects

    October 10, 2022 —
    The Federal Acquisition Regulatory Council recently published a proposed ruled that, once implemented, will require the use of project labor agreements (PLAs) on federal construction projects with a contract value of $35 million or greater. The proposed rule revokes President Obama’s Executive Order 13502 and implements an Executive Order 14063 (E.O. 14063) issued on February 9, 2022. E.O. 14063 addresses the use of PLAs in the government contracts. Under the current Federal Acquisition Regulation (FAR), the use of PLAs on “large-scale construction projects” is discretionary. The new rule proposed by the Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) revises the FAR contract clauses making the use of PLAs mandatory. Under the proposed rule, contractors performing “large-scale construction projects” will be required to “negotiate or become a party to a [PLA] with one or more appropriate labor organizations.” FAR 52.222-33. A PLA is in essence a collective bargaining agreement between a local trade union and contractor that governs employment terms, including wages and benefits, for union and non-union workers. Although the PLA mandate only applies to large-scale construction projects with the contract value of $35 million and more, under the proposed rule, agencies have the option to include the PLA requirement for construction projects that are under the $35 million threshold. The proposed rule also sets out a flow-down requirement, which means that subcontractors working on a large-scale project must likewise be familiar with and comply with terms of the PLA negotiated by a prime contractor. Read the full story...
    Reprinted courtesy of Reggie Jones, Fox Rothschild LLP (ConsensusDocs)
    Mr. Jones may be contacted at

    Don’t Be Lazy with Your Tenders

    October 24, 2022 —
    Our clients probably spend significant time, money and effort refining and updating their contract provisions covering indemnification and the duty to defend claims arising on their projects. But they should also consider spending an appropriate and adequate amount of time, money and effort when sending notices, or “tenders,” to enforce those critical provisions. Tenders demanding defense and indemnity are strictly interpreted based on what the contract documents require. Getting tenders wrong can result in losing one of the most significant risk-shifting tools in the contract. It can also be a monumental mistake if insurance coverage for indemnification damages and defense costs are lost because of an inadequate tender. The legal definition of “tender” is simple; it is “[a]n unconditional offer of money or performance to satisfy a debt or obligation.” Black’s Law Dictionary 1479-80 (7th ed. 1999). Whereas “tender of defense” for insurance is “the act in which one party places its defense and all costs associated with said defense with another due to a contract or other agreement … [which] transfers the obligation of the defense and possible indemnification to the party to which the tender was made.” Int’l Risk Mgmt. Inst., Glossary. Thus, when claims arise on your projects, notice by tenders of defense and indemnity will often determine dispute resolution and available insurance proceeds. Read the full story...
    Reprinted courtesy of Rick Erickson, Snell & Wilmer
    Mr. Erickson may be contacted at

    Insurer's Motion for Summary Judgment on Business Interruption Claim Denied

    September 12, 2022 —
    The insurer's motion to cap a potential business interruption claim after the insured failed to provide documentation was denied. Lake Charles Instruments Inc. v. Scottsdale Ins. Co., 2022 U.S. Dist. LEXIS 116802 (W.D. La. July 2, 2022). Plaintiff operated a business that was damaged during Hurricane Laura on August 27, 2020, and subsequently by Hurricane Delta on October 9, 2020. Plaintiff had a commercial property policy issued by Scottsdale that provided business income coverage of up to $500,000. After Hurricane Laura, plaintiff submitted a claim. Plaintiff requested an advance. Scottsdale paid $50,000 on the business interruption (BI) claim while reserving rights to require full compliance with the policy, including submission of appropriate documentation. Scottsdale continued to request documentation, but none was received. Plaintiff also failed to provide documentation for its BI claim after Hurricane Delta. When documentation was finally provided, Scottsdale disputed that the documentation showed a BI claim that exceeded policy limits. Scottsdale determined the BI claim was below the policy limits. Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at

    With Vice President's Tie-Breaker, US Senate Approves Far-Reaching Climate Bill

    August 29, 2022 —
    With Vice President Kamala Harris casting the decisive vote, the U.S. Senate passed 51-50 an economic package on Aug. 7 that authorizes $369 billion to address climate change. The bill now moves to the U.S. House of Representatives, which is expected to pass the bill later this week, and then to the White House for President Joe Biden's signature. Reprinted courtesy of Pam McFarland, Engineering News-Record and Debra K. Rubin, Engineering News-Record Ms. McFarland may be contacted at Ms. Rubin may be contacted at Read the full story...

    Kiewit Hired as EPC for Fire-Damaged Freeport Gas Terminal Fix

    September 19, 2022 —
    Freeport LNG’s $13.5-billion natural gas liquefaction plant and export terminal in Texas, closed since a June 8 fire and explosion that damaged the facility, said it will not partially reopen until possibly mid-November, and not fully operate until next March—the third delay it has announced. Reprinted courtesy of Mary B. Powers, Engineering News-Record ENR may be contacted at Read the full story...

    Construction Contracts and The Uniform Commercial Code: When Does it Apply and Understanding the Pre-Dominant Factor Test

    November 01, 2022 —
    The Uniform Commercial Code (“UCC”) replaces the common law in many commercial transactions, providing provisions and a framework governing the conduct of business. The UCC attempts to develop uniformity among state laws on commercial matters as many of these contracts involve parties from different states. The UCC has been adopted in almost all states, including Washington, and substantially mirror each other throughout the country. The question that is most commonly presented, in the Construction law context, is when does the UCC apply and control? Read the full story...
    Reprinted courtesy of Keith Sparks, Ahlers Cressman & Sleight PLLC
    Mr. Sparks may be contacted at

    NIST Florida Condo Collapse Probe Develops Dozens of Hypotheses

    June 13, 2022 —
    Federal investigators looking into the causes of the partial collapse of the 40-year-old Champlain Towers South residential condominium in Surfside, Fla., last year have developed about two-dozen hypotheses, and are working to prove or disprove each, using a growing collection of evidence. They aim to issue recommendations for changes to building codes and standards, in an effort to avoid a similar tragedy, by the end of 2024. Reprinted courtesy of James Leggate, Engineering News-Record Mr. Leggate may be contacted at Read the full story...

    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