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    Construction Expert Witness Builders Information
    Wilton Manors, 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 Wilton Manors 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

    Wilton Manors Florida Construction Expert Witness 10/ 10

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

    Wilton Manors Florida Construction Expert Witness 10/ 10

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

    Wilton Manors Florida Construction Expert Witness 10/ 10

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

    Wilton Manors Florida Construction Expert Witness 10/ 10

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

    Wilton Manors Florida Construction Expert Witness 10/ 10

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

    Wilton Manors Florida Construction Expert Witness 10/ 10

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

    Wilton Manors Florida Construction Expert Witness 10/ 10


    Construction Expert Witness News and Information
    For Wilton Manors Florida


    Florida Supreme Court Decision Limits Special Damages Presented to Juries

    As Single-Family Homes Get Larger, Lots Get Smaller

    Reversing Itself, West Virginia Supreme Court Holds Construction Defects Are Covered

    Cal/OSHA’s Toolbox Has Significantly Expanded: A Look At Senate Bill 606

    Security on Large Construction Projects. The Payment Remedy You Probably Never Heard of

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    Christopher Leise Recognized by US News – Best Lawyers 2022 "Lawyer of the Year"

    Disrupt a Broken Industry—The Industrial Construction Sandbox

    Almost Half of Homes in New York and D.C. Are Now Losing Value

    Governor Signs Permit Extension Bill Extending Permit Deadlines to One Year

    Auburn Woods Homeowners Association v. State Farm General Insurance Company

    New Notary Language For Mechanics Lien Releases and Stop Payment Notice Releases

    The Importance of Engaging Design Professional Experts Early, with a Focus on Massachusetts Law

    A Compilation of Quirky Insurance Claims

    Revised Federal Rule Regarding Class-Wide Settlements

    Business Risk Exclusions Do Not Preclude Coverage

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    Reasonableness of Denial of Requests for Admission Based Upon Expert’s Opinions Depends On Factors Within Party’s Understanding

    General Contractors Have Expansive Common Law and Statutory Duties To Provide a Safe Workplace

    Withholding Payment or Having Your Payment Withheld Due to Disputes on Other Projects: Know Your Rights to Offset

    Recent Developments Involving Cedell v. Farmers Insurance Company of Washington

    Remand of Bad Faith Claim Evidences Split Among Florida District Courts

    Court Affirms Summary Adjudication of Bad Faith Claim Where Expert Opinions Raised a Genuine Dispute

    Lucky No. 7: Seventh Circuit Court of Appeals Issues Pro-Policyholder Decision Regarding Additional Insured Coverage for Upstream Parties

    Skanska Found Negligent for Damages From Breakaway Barges

    State Farm to Build Multi-Use Complex in Dallas Area

    Preparing Your Business For Internal Transition

    Preserving Your Construction Claim

    Georgia Court of Appeals Holds That Policyholder Can “Stack” the Limits of Each Primary Policy After Asbestos Claim

    New Jersey Supreme Court Hears Insurers’ Bid to Overturn a $400M Decision

    Massachusetts Business Court Addresses Defense Cost Allocation and Non-Cumulation Provisions in Long-Tail Context

    A Relatively Small Exception to Fraud and Contract Don’t Mix

    Pennsylvania Federal Court Addresses Recurring Asbestos Coverage Issues

    Seventh Circuit Remands “Waters of the United States” Case to Corps of Engineers to Determine Whether there is a “Significant Nexus”
    Corporate Profile

    WILTON MANORS FLORIDA CONSTRUCTION EXPERT WITNESS
    DIRECTORY AND CAPABILITIES

    The Wilton Manors, Florida Construction Expert Witness Group is comprised from a number of credentialed construction professionals possessing extensive trial support experience relevant to construction defect and claims matters. Leveraging from more than 25 years experience, BHA provides construction related trial support and expert services to the nation's most recognized construction litigation practitioners, Fortune 500 builders, commercial general liability carriers, owners, construction practice groups, and a variety of state and local government agencies.

    Construction Expert Witness News & Info
    Wilton Manors, Florida

    Do Municipal Gas Bans Slow the Clean Hydrogen Transition in Real Estate?

    June 06, 2022 —
    Clean hydrogen has the potential to play a significant role in the energy transition by serving as a carbon-free form of energy storage and heat production. In real estate, hydrogen could provide heating, replace or supplement natural gas in many applications, or store excess rooftop solar power. The United Kingdom, United States and Japan are all homes to pilot projects attempting to scale out hydrogen for use in communities. As we have discussed previously, many cities have recently passed ordinances banning the inclusion of natural gas infrastructure in new commercial and residential buildings. These bans can create headaches for real estate developers and inject uncertainty into development plans. Reprinted courtesy of Sidney L. Fowler, Pillsbury, Robert G. Howard, Pillsbury and Emily Huang, Pillsbury Mr. Fowler may be contacted at sidney.fowler@pillsburylaw.com Mr. Howard may be contacted at robert.howard@pillsburylaw.com Ms. Huang may be contacted at emily.huang@pillsburylaw.com Read the full story...

    When Customers Don’t Pay: What Can a Construction Business Do

    June 06, 2022 —
    Late payments are not unusual in construction. From general contractors to subs and material suppliers, every construction project participant has dealt with delayed payments as part of business. However, there’s the issue of clients who refuse to pay. Not late--just no payment. For businesses big and small, a client who refuses to pay can make a significant impact financially and operationally. Many construction transactions are made on trust, and when a client doesn’t pay, some contractors and suppliers may make poor decisions. Yet, to get out of a project going sideways--with payment in hand or lessons learned--you need to be smart and proceed with your business interest in mind. Why is the customer not paying? This is where it begins. You must first identify the reasons why a customer refuses to pay. Were they unsatisfied with the quality of work? Do they feel that what was delivered was not aligned with what’s contractually obligated? Do they feel like the work was rushed or the materials used inferior? Was the job finished later than agreed? All these are possibilities that need to be investigated. If the customer has not volunteered any of this information, it’s best to personally visit the project or set a meeting with the customer to discuss issues in person. If the problems the customer has raised are valid, plan how to resolve them right away. Suppose, after the discussion, you’ve determined that the customer demands things beyond what’s contractually obligated, and you cannot resolve them without incurring unreasonable time and costs. In that case, you might have a delinquent customer in your hands. Let the customer know your decision. If you’ve decided to proceed and fix the issues they’ve raised, send the invoice for the unpaid work immediately upon commencing the remedial work. Of course, there is no guarantee that addressing their concerns will result in swift payment, so exercise your best judgment. If you think you’ve exhausted all the cordial means to get them to pay as the contract requires, you might need to consider your legal options. A legal option to recover payments: Filing a mechanics lien State laws protect construction providers like contractors and material suppliers from non-payment through lien laws. Mechanics liens work by placing a hold on the property where the work or materials were provided as a security in case of non-payment. Mechanics liens can result in a sale of the property where the lien is attached, and the proceeds will be used to pay unpaid vendors. When a client fails to pay after a good-faith pursuit to resolve the payment issue, filing a mechanics lien becomes the smartest next move. However, note that to file a mechanics lien, you must have fulfilled the requirements of lien laws specific to the state where the project is located. For many states, the main requirement is sending a preliminary or pre-lien notice to secure your right to file liens. It’s only good business practice to file preliminary notices for every project you work on. It’s not an indication of distrust in the client’s ability to pay–and that is mentioned in the wording of many statutory statements included in preliminary notices. It’s just industry standard to file prelim notices. Filing a mechanics lien includes a period where the client still has the opportunity to pay arrears before the lien is enforced. Suppose the client fails to pay in this period. You are now allowed to enforce the mechanics lien through a lawsuit. This is a complex process, but it presents itself as the last resort to recover payments. As long as all your documents are in check, you’ve filed the necessary notices in the time and manner required by law, and you’ve fulfilled your contractual obligations to the client, a ruling in your favor is the likely outcome. Promoting timely payments It’s in your best interest to promote timely payments from your customers. While construction contracts are primarily reliant on trust, there are many things you can do to encourage and facilitate timely payments from your clients. Here are some ideas:
    • Use detailed contracts and progress billing
    • Vet clients through background research, credit history, references, and public financial records
    • Send regular on-time invoices
    • Ensure your invoices are aligned with the formats used by your client’s payables department
    • Provide multiple payment methods
    • File the necessary preliminary notices throughout the project
    In the case of construction payments, the adage prevention is better than cure applies. There are many reasons why payments get delayed or skipped, some malicious, some not. It’s in your best interest to ensure that you are doing everything from your end to promote timely payments and that you’re fully protected by rights granted to construction businesses by law. About the Author: Patrick Hogan is the CEO of Handle.com, where they build software that helps contractors and material suppliers with lien management and payment compliance. The biggest names in construction use Handle on a daily basis to save time and money while improving efficiency.

    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 enr@enr.com Read the full story...

    Traub Lieberman Attorneys Recognized in the 2023 Edition of The Best Lawyers in America®

    September 19, 2022 —
    Traub Lieberman is pleased to announce that five Partners have been selected by their peers for inclusion in the 2023 edition of The Best Lawyers in America®. In addition, four attorneys have been included in the 2023 Best Lawyers®: Ones to Watch list. These recognitions include attorneys from the firm’s Hawthorne, NY; Chicago, IL; Palm Beach Gardens, FL; and St. Petersburg, FL offices. 2023 Best Lawyers® Hawthorne, NY
    • Lisa L. Shrewsberry – Commercial Litigation
    Chicago, IL
    • Brian C. Bassett – Insurance Law
    Palm Beach Gardens, FL
    • Rina Clemens – Personal Injury Litigation – Defendants
    St. Petersburg, FL
    • Scot E. Samis – Appellate Practice
    • Lauren S. Curtis – Insurance Law
    Read the full story...
    Reprinted courtesy of Traub Lieberman

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

    November 07, 2022 —
    This weekend was all about The Rise of Gru. I love Gru so much that when my children ask for money, my best Gru-like voice belts back: “Now, I know there have been some rumors going around that the bank is no longer funding us….In terms of money, we have no money.” And that’s precisely what many lenders say on distressed projects when the owner fails to make final payment and the contractor looks to the bank for funding: “We have no money for you contractor!” In BCD Associates., LLC v. Crown Bank, CA No. N15c-11-062 (Super. Ct. Del, May 2, 2022), the trial court found that when a bank pays a contractor directly, it can create a legally binding relationship subject to the terms of the construction loan agreements with the owner. The project involved a $13m construction loan between the lender and the owner to renovate a hotel. The owner and contractor entered into an AIA Contract for the construction management services. During construction the contractor would submit payment applications to the lender, who would review and approve the invoices for payment. The lender then would pay 90% of the approved payment application and hold back the remaining 10% as retainage. The contractor was supposed to be paid the final retainage upon completion, which it did not receive in accordance with the terms of the AIA Contract. Read the full story...
    Reprinted courtesy of Matthew DeVries, Burr & Forman LLP
    Mr. DeVries may be contacted at mdevries@burr.com

    Several Wilke Fleury Attorneys Featured in Sacramento Magazine 2022 Top Lawyers!

    October 03, 2022 —
    Wilke Fleury is extremely proud of its incredibly talented attorneys! Congratulations to Steve Williamson, Dan Egan, Neal Lutterman, Danny Foster, George Guthrie, Mike Polis, Ron Lamb, and David Frenznick, who are all featured in this year’s Sacramento Magazine’s List of Top Lawyers 2022! Reprinted courtesy of Wilke Fleury LLP Read the full story...

    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 rubind@enr.com Read the full story...

    BWB&O’s Los Angeles Office Obtains Major Victory in Arbitration!

    July 25, 2022 —
    Bremer Whyte Brown & O’Meara Partner Patrick Au and Senior Associate Theresa Mallen recently achieved a major victory in binding Arbitration. The subject action involved a construction project in the backyard of homeowner’s residence. Homeowner maintained that BWB&O’s contractor client abandoned the project. Furthermore, homeowner alleged that the work performed by BWB&O’s client was deficient. The primary construction defect claim is that the pool deck is not properly sloped which is preventing surface water from running off the top of the retaining wall as designed. The Arbitrator ultimately sided with BWB&O’s client finding that BWB&O’s client did not abandon the project, but rather was terminated by homeowner. Additionally, BWB&O successfully proved that despite the fact that the three pertinent elevations that determine the slope of the concrete pool slab were pre-established before BWB&O’s client even got on the project, that BWB&O’s client properly installed the concrete pool slab and would have established the necessary slope of the pool deck had it not been terminated from the project. Homeowner asserted many other secondary construction defect claims and the Arbitrator found in BWB&O’s client’s favor on each and every issue. Read the full story...
    Reprinted courtesy of Dolores Montoya, Bremer Whyte Brown & O'Meara LLP