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    Welaka, 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
    Association Directory
    Flagler Co-Palm Coast Home Builders Association
    Local # 1011
    4863 Palm Coast Parkway NW Ste 1
    Palm Coast, FL 32137

    Welaka Florida Construction Expert Witness 10/ 10

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

    Welaka Florida Construction Expert Witness 10/ 10

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

    Welaka Florida Construction Expert Witness 10/ 10

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

    Welaka Florida Construction Expert Witness 10/ 10

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

    Welaka Florida Construction Expert Witness 10/ 10

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

    Welaka Florida Construction Expert Witness 10/ 10

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

    Welaka Florida Construction Expert Witness 10/ 10


    Construction Expert Witness News and Information
    For Welaka Florida


    Alexus Williams Receives Missouri Lawyers Media 2021 Women’s Justice Pro Bono Award

    Picketing Threats

    Court Requires Adherence to “Good Faith and Fair Dealing” in Construction Defect Coverage

    Hawaii Building Codes to Stay in State Control

    California Court of Appeal Adopts Horizontal Exhaustion Rule

    Contractor Sues Supplier over Defective Products

    Bill Seeks to Protect Legitimate Contractors

    Improperly Installed Flanges Are Impaired Property

    Construction Goes Green in Orange County

    Rio de Janeiro's Bursting Real-Estate Bubble

    Texas EIFS Case May Have Future Implications for Construction Defects

    Building and Landscape Standards Enacted in Response to the Governor's Mandatory Water Restrictions Dealing with the Drought and Possible Effects of El Niño

    Cerberus, Blackstone Loosening Credit for U.S. Landlords

    U.K. Construction Resumes Growth Amid Resurgent Housing Activity

    San Francisco House that Collapsed Not Built to Plan

    New Jersey Traffic Circle to be Eliminated after 12 Years of Discussion

    But Wait There’s More: Preserving Claims on Commonwealth Projects

    Indiana Court Enforces Contract Provisions rather than Construction Drawing Markings

    Residential Construction Surges in Durham

    Aging-in-Place Features Becoming Essential for Many Home Buyers

    Housing Markets Continue to Improve

    Job Gains a Positive for Housing

    Missouri Construction Company Sues Carpenter Union for Threatening Behavior

    EPA Coal Ash Cleanup Rule Changes Send Utilities, Agencies Back to Drawing Board

    Federal Court Asks South Dakota Supreme Court to Decide Whether Injunction Costs Are “Damages,” Adopts Restatement’s Position on Providing “Inadequate” Defense

    Clearly Determining in Contract Who Determines Arbitrability of Dispute

    Construction Leads World Trade Center Area Vulnerable to Flooding

    District of Oregon Predicts Oregon’s Place in “Plain Meaning” Pollution Camp

    EPA Issues Interpretive Statement on Application of NPDES Permit System to Releases of Pollutants to Groundwater

    PPP Loan Extension Ending Aug. 8

    Colorado Senate Revives Construction Defects Reform Bill

    Concerns Over Unstable Tappan Zee Bridge Push Back Opening of New NY Bridge's Second Span

    Last, but NOT Least: Why You Should Take a Closer Look at Your Next Indemnification Clause

    Colorado homebuilders target low-income buyers with bogus "affordable housing" bill

    Developer Transition – Washington DC Condominiums

    Tishman Construction Admits Cheating Trade Center Clients

    Brown Orders Mandatory Water Curbs for California Drought

    University of California Earthquake Report Provides List of Old Concrete Buildings in LA

    Contractor’s Charge Of Improvements To Real Property Not Required For Laborers To Have Lien Rights

    New York Appellate Court Holds Insurer’s Failure to Defend Does Not Constitute a “Reasonable Excuse” Required to Overturn Judgment

    Statutory Time Limits for Construction Defects in Massachusetts

    Insurer Not Entitled to Summary Judgment on Construction Defect Claims

    Apartment Construction Ominously Nears 25-Year High

    Congratulations to Jonathan Kaplan on his Promotion to Partner!

    Home Prices on the Rise

    Considerations in Obtaining a Mechanic’s Lien in Maryland (Don’t try this at home)

    Deductibles Limited to Number of Suits Filed Against Insured, Not Number of Actual Plaintiffs

    Connecticutt Class Action on Collapse Claims Faces Motion to Dismiss

    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?

    Arbitration is Waivable (Even If You Don’t Mean To)
    Corporate Profile

    WELAKA FLORIDA CONSTRUCTION EXPERT WITNESS
    DIRECTORY AND CAPABILITIES

    Leveraging from more than 7,000 construction defect and claims related expert witness designations, the Welaka, Florida Construction Expert Witness Group provides a wide range of trial support and consulting services to Welaka'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
    Welaka, Florida

    Ex-San Francisco DPW Director Sentenced to Seven Years in Corruption Case

    September 26, 2022 —
    A federal judge sentenced Mohammed Nuru, the former San Francisco public works director, to seven years in prison for bribery and kickbacks. Nuru, 59, pleaded guilty to the charge of defrauding the public of its right to honest services earlier this year amid a federal investigation into public corruption in San Francisco’s government. Reprinted courtesy of James Leggate, Engineering News-Record Mr. Leggate may be contacted at leggatej@enr.com Read the full story...

    End of an Era: Los Angeles County Superior Court Closes the Personal Injury Hub

    October 24, 2022 —
    On September 21, 2022, the Los Angeles County Superior Court announced that it would start a gradual shutdown of the Personal Injury Hub, currently located at the Spring Street Courthouse. This closure will see the return of personal injury cases being venued in the district where they occurred. The Personal Injury Hub was established in 2012 as a means of consolidating personal injury cases after several civil courtrooms around the County were closed due to significant budget cuts. It first began as two courtrooms in Stanley Mosk Superior Court, then moved to the Spring Street Courthouse and ballooned to six courtrooms, each handling a case load of reportedly over 9,000 cases at times. Case Management Conferences were abolished and the parties were largely left to their own devices to move cases along. At times, slow chaos ensued. With a new and increased budget, Los Angeles Superior Court has now decided that enough is enough. Effective October 10, 2022, new personal injury cases will be filed and handled from start to finish in independent calendar courtrooms in the districts where the events giving rise to the claims occurred. Any cases properly filed in the Central District will continue to be heard in the Personal Injury Hub for now. A new Civil Case Cover Sheet Addendum that reflects this change will be available on the Los Angeles County Superior Court website for use as of October 10th. Reprinted courtesy of Elizabeth A. Evans, Haight Brown & Bonesteel LLP and Angela S. Haskins, Haight Brown & Bonesteel LLP Ms. Evans may be contacted at eevans@hbblaw.com Ms. Haskins may be contacted at ahaskins@hbblaw.com Read the full story...

    Be Mindful Accepting Payment When Amounts Owed Are In Dispute

    August 29, 2022 —
    After completing work on a project, or even during a project, it is not uncommon for some portion of the contract balance and/or a claim to be in dispute. As a contractor or subcontractor, it is important to be careful what is signed (or not signed) upon receipt of any payment both during and after completion of work on a project. One of the most common documents signed related to a receipt of payment is a lien/claim release document. This can be in the form of a conditional, unconditional, progress and/or final release. The language included in the release document is critically important, especially as it pertains to disputed amounts. As a contractor or subcontractor, if there are known disputes related to amounts owing, whether it be contract balance, disputed change order(s), a delay or inefficiency claim, or any other amounts believed to be owed, it is important to include language in the lien release that expressly carves out the disputed amounts. The same should be done for disputes related to extensions of time. This allows the contractor to accept the payment and release rights for the undisputed work, but continue to reserve its right to pursue the amounts in dispute later. If disputed amounts are not carved out, those amounts may effectively be waived and the subcontractor or contractor may lose all rights to recovery. As a subcontractor in Alaska recently learned, there are potentially other ways a contractor may waive or lose its rights to recover amounts in dispute – without even signing a waiver or release document. In Smallwood Creek, Inc. v. Build Alaska General Contracting, LLC et al., the general contractor sent the subcontractor a check described as “final payment.” The subcontractor believed it was owed more than what the general contractor had sent and refused to accept the check. Months later, the subcontractor deposited the check. The subcontractor reversed course again and attempted to repay the general contractor the amount deposited. The general contractor refused, claiming the subcontractor’s acceptance of payment constituted satisfaction of all amounts owing to the subcontractor. Read the full story...
    Reprinted courtesy of Nicholas Korst, Ahlers Cressman & Sleight PLLC
    Mr. Korst may be contacted at nicholas.korst@acslawyers.com

    Design-Build Contracting for County Road Projects

    September 19, 2022 —
    Effective July 1, 2022, counties may execute design-build contracts for transportation-related projects that include buildings, bridges and approaches, rail corridors, technology deployments, and limited- or controlled-access project, or projects that may be constructed within existing rights of way when the work is clearly defined or when significant savings may result in project delivery time.[1] Additionally, counties may combine any environmental services, utility-relocation services, right-of-way services, design services, and construction phases of a public road or other project into a single design-build contract. Reprinted courtesy of David R. Cook Jr., Autry, Hall & Cook, LLP Mr. Cook may be contacted at cook@ahclaw.com Read the full story...

    New Home Construction Booming in Texas

    October 24, 2022 —

    With the rapid relocation trends of families moving to Texas, it was reported that new residential construction permits in Texas grew to a total value in excess of $2 billion and over 7,500 new construction permits in September 2022 alone. D.R. Horton lead the way with 1,139 new permits, while Lennar Homes clocked 696 new permits. Other leading homebuilders including KB Homes (239 permits) and Pulte Homes (253 permits) remained active heading into the 4th Quarter of 2022. The following is a breakdown of new permits and average home values in the 4 largest cities in Texas (Houston, Dallas, Austin and San Antonio) for September 2022:

    Houston

    Last month, there were approximately 340 home builders with new permits on record in the Houston area, and the following ranked as the top five total new permits:

    BuilderTotal PermitsAverage Value
    1-D.R. Horton 483 $ 129,812.00
    2-Camillo Properties 190 $ 147,790.00
    3-Lennar Homes 188 $ 195,503.00
    4-Meritage Homes 124 $ 248,597.00
    5-Wan Pacific Real Estate Development 117 $ 165,044.00

    Dallas

    In Dallas, there were more than 290 contractors with new residential construction activity on record with HBW last month, and the following ranked as the top five for total new permits:

    BuilderTotal PermitsAverage Value
    1-D.R. Horton 555 $ 179,430.00
    2-Lennar Homes 232 $ 202,318.00
    3-Trophy Signature Homes 111 $ 274,016.00
    4-Bloomfield Homes 97 $ 405,235.00
    5-Meritage Homes 92 $ 267,425.00

     Austin

    Last month, there were nearly 125 home builders with new construction activity on record in the Austin area, and the following ranked as the top five for total new permits for the one-month period:

    BuilderTotal PermitsAverage Value
    1-Lennar Homes 150 $ 154,390.00
    2-KB Homes 147 $ 253,606.00
    3-D.R. Horton 99 $ 200,416.00
    4-Taylor Morrison Homes 79 $ 365,183.00
    5-David Weekley Homes 64 $ 436,978.00

     San Antonio

    In San Antonio, there were nearly 120 contractors with new residential construction activity on record last month, and the following ranked as the top five for total new permits:

    BuilderTotal PermitsAverage Value
    1-Lennar Homes 126 $ 174,315.00
    2-KB Homes 55 $ 254,109.00
    3-Pulte Homes 52 $ 241,012.00
    4-M/I Homes 51 $ 237,283.00
    5-LGI Homes 30 $ 202,760.00

    The residential construction boom is Texas does not appear to be slowing down anytime soon. With new corporations relocating corporate offices to the Lone Star State each year, we expect this trend to continue for the foreseeable future. And with increased home production, we will closely monitor the increase in construction related litigation over the next five to ten years.

    The increase in market activity attracts new or inexperienced builders and tradesman, making the importance of a proactive approach to construction management all the more important. Given the labor shortages and supply chain issues. It is imperative that Texas homebuilders take extra precautions to ensure quality construction practices and oversight to minimize potential litigation.

    Reprinted courtesy of Jason Daniel Feld, Kahana Feld and Ron Raydon, Kahana Feld

    Mr. Feld may be contacted at jfeld@kahanafeld.com

    Mr. Raydon may be contacted at rraydon@kahanafeld.com


    Tennessee Civil Engineers Give the State's Infrastructure a "C" Grade

    December 05, 2022 —
    NASHVILLE, TN. — The Tennessee Section of the American Society of Civil Engineers (ASCE) released the 2022 Report Card for Tennessee's Infrastructure today, with 13 categories of infrastructure receiving an overall grade of a 'C', the same grade given by the section in its 2016 report. That means Tennessee's infrastructure is in mediocre condition and requires attention, but is a step ahead of the national average of "C-" given in the 2021 Report Card for America's Infrastructure. Tennessee's freight network is strong and plays a major role in the national economy as a key mobility hub and its energy grid has been reliable, allowing families and businesses to operate efficiently. Many of the state's systems are performing at or above national averages; however, a surge in population growth, increasingly severe weather impacts, and insufficient data on the current condition of several infrastructure sectors threaten the long-term viability of the state's overall network. Civil engineers graded aviation (C+), bridges (B), dams (D+), drinking water (C+), energy (C+), inland waterways (C), parks (C+), rail (C), roads (C), solid waste (C+), stormwater (C+), transit (D+), and wastewater (C-). "As one of the most prominent mobility hubs in all of America, infrastructure is the backbone to all we do here in Memphis, and everything we can accomplish throughout the great state of Tennessee," said Memphis Mayor Jim Strickland. "Our airports, roads and bridges keep our economy flowing, drawing more jobs and businesses in the future. The ASCE report is a critical tool for tracking our progress, in addition to highlighting where we could use some work. With more people flocking to Tennessee than ever before, this is an exciting time and our infrastructure networks must be ready to help us capitalize on the opportunity." To view the report card and all five categories, visit https://infrastructurereportcard.org/state-item/tennessee/. ABOUT THE AMERICAN SOCIETY OF CIVIL ENGINEERS Founded in 1852, the American Society of Civil Engineers represents more than 150,000 civil engineers worldwide and is America's oldest national engineering society. ASCE works to raise awareness of the need to maintain and modernize the nation's infrastructure using sustainable and resilient practices, advocates for increasing and optimizing investment in infrastructure, and improve engineering knowledge and competency. For more information, visit www.asce.org or www.infrastructurereportcard.org and follow us on Twitter, @ASCETweets and @ASCEGovRel.

    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

    MBS’s $500 Billion Desert Dream Just Keeps Getting Weirder

    August 29, 2022 —
    One day last September, a curious email arrived in Chris Hables Gray’s inbox. An author and self-described anarchist, feminist, and revolutionary, Gray fits right into Santa Cruz, Calif., where he lives. He’s written extensively about genetic engineering and the inevitable rise of cyborgs, attending protests in between for causes such as Black Lives Matter. While Gray had taken some consulting gigs over the years, he’d never received an offer like this one. The first shock was the money: significantly more than he’d earned from all but one of his books. The second was the task: researching the aesthetics of seminal works of science fiction such as Blade Runner. The biggest surprise, however, was the ultimate client: Mohammed bin Salman, the 36-year-old crown prince of Saudi Arabia. MBS, as he’s known abroad, was in the early stages of one of the largest and most difficult construction projects in history, which involves turning an expanse of desert the size of Belgium into a high-tech city-region called Neom. Starting with a budget of $500 billion, MBS bills Neom as a showpiece that will transform Saudi Arabia’s economy and serve as a testbed for technologies that could revolutionize daily life. And as Gray’s proposed assignment suggested, the crown prince’s vision bears little resemblance to the cities of today. Intrigued, Gray took the job. “If I can be honest with how I see the world, I’ll pretty much put my work out to anyone,” he says. Read the full story...
    Reprinted courtesy of Vivian Nereim, Bloomberg