BERT HOWE
  • Nationwide: (800) 482-1822    
    low-income housing expert witness Structural engineer expert witness Pomona Park Florida Florida housing expert witness Structural engineer expert witness Pomona Park Florida Florida townhome construction expert witness Structural engineer expert witness Pomona Park Florida Florida high-rise construction expert witness Structural engineer expert witness Pomona Park Florida Florida multi family housing expert witness Structural engineer expert witness Pomona Park Florida Florida casino resort expert witness Structural engineer expert witness Pomona Park Florida Florida retail construction expert witness Structural engineer expert witness Pomona Park Florida Florida condominiums expert witness Structural engineer expert witness Pomona Park Florida Florida concrete tilt-up expert witness Structural engineer expert witness Pomona Park Florida Florida Subterranean parking expert witness Structural engineer expert witness Pomona Park Florida Florida institutional building expert witness Structural engineer expert witness Pomona Park Florida Florida custom homes expert witness Structural engineer expert witness Pomona Park Florida Florida office building expert witness Structural engineer expert witness Pomona Park Florida Florida tract home expert witness Structural engineer expert witness Pomona Park Florida Florida industrial building expert witness Structural engineer expert witness Pomona Park Florida Florida mid-rise construction expert witness Structural engineer expert witness Pomona Park Florida Florida production housing expert witness Structural engineer expert witness Pomona Park Florida Florida parking structure expert witness Structural engineer expert witness Pomona Park Florida Florida condominium expert witness Structural engineer expert witness Pomona Park Florida Florida landscaping construction expert witness Structural engineer expert witness Pomona Park Florida Florida Medical building expert witness Structural engineer expert witness Pomona Park Florida Florida hospital construction expert witness Structural engineer expert witness Pomona Park Florida Florida
    Structural engineer expert witness Pomona Park Florida Florida construction expert witnessesStructural engineer expert witness Pomona Park Florida Florida civil engineer expert witnessStructural engineer expert witness Pomona Park Florida Florida testifying construction expert witnessStructural engineer expert witness Pomona Park Florida Florida reconstruction expert witnessStructural engineer expert witness Pomona Park Florida Florida structural engineering expert witnessesStructural engineer expert witness Pomona Park Florida Florida construction expert witness public projectsStructural engineer expert witness Pomona Park Florida Florida window expert witness
    Arrange No Cost Consultation
    Construction Expert Witness Builders Information
    Structural engineer expert witness Pomona Park Florida, 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 Structural engineer expert witness Pomona Park Florida 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

    Structural engineer expert witness Pomona Park Florida Florida Construction Expert Witness 10/ 10

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

    Structural engineer expert witness Pomona Park Florida Florida Construction Expert Witness 10/ 10

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

    Structural engineer expert witness Pomona Park Florida Florida Construction Expert Witness 10/ 10

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

    Structural engineer expert witness Pomona Park Florida Florida Construction Expert Witness 10/ 10

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

    Structural engineer expert witness Pomona Park Florida Florida Construction Expert Witness 10/ 10

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

    Structural engineer expert witness Pomona Park Florida Florida Construction Expert Witness 10/ 10

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

    Structural engineer expert witness Pomona Park Florida Florida Construction Expert Witness 10/ 10


    Construction Expert Witness News and Information
    For Structural engineer expert witness Pomona Park Florida Florida


    Developer Transition - Maryland Condominiums

    Before and After the Storm: Know Your Insurance Rights, Coverages and Obligations

    Lien Claimant’s Right to Execute against Bond Upheld in Court of Appeals

    The Future of Airport Infrastructure in a Post-Pandemic World

    Lewis Brisbois Moves to Top 15 in Law360 2022 Diversity Snapshot

    Transplants Send Nashville Home Market Upwards

    New York Court of Appeals Finds a Proximate Cause Standard in Additional Insured Endorsements

    The Difference Between Routine Document Destruction and Spoliation

    ‘I’m a Scapegoat,’ Says Former CEO of Dubai Construction Firm

    Lakewood First City in Colorado to Pass Ordinance Limiting State Construction Defect Law

    When is Construction Put to Its “Intended Use”?

    A General Contractors Guide to Bond Thresholds by State

    Damages to Property That is Not the Insured's Work Product Are Covered

    Amazon Feels the Heat From Hoverboard Fire Claims

    Professional Services Exclusion Bars Coverage Where Ordinary Negligence is Inseparably Intertwined With Professional Service

    Could You Be More Specific . . . About My Excess AI Coverage?

    Claims for Negligence? Duty to Defend Triggered

    Breaking News: Connecticut Supreme Court Decides Significant Coverage Issues in R.T. Vanderbilt

    New Jersey Construction Company Owner and Employees Arrested for Fraud

    Update: Lawyers Can Be Bound to Confidentiality Provision in Settlement Agreement

    A Closer Look at an HOA Board Member’s Duty to Homeowners

    Mortar Insufficient to Insure Summary Judgment in Construction Defect Case

    Interpreting Insurance Coverage and Exclusions: When Sudden means Sudden and EIFS means Faulty

    Rescission of Policy for Misrepresentation in Application Reversed

    NJ Transit’s Superstorm Sandy Coverage Victory Highlights Complexities of Underwriting Property Insurance Towers

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

    How Many New Home Starts are from Teardowns?

    Boston Team Obtains Complete Defense Verdict for Engineering Firm in Professional Liability Matter

    Checking the Status of your Contractor License During Contract Work is a Necessity: The Expanded “Substantial Compliance” under B&P 7031 is Here

    Massive Wildfire Near Boulder, Colo., Destroys Nearly 1,000 Homes and Businesses

    U.S. Home Prices Rose More Than Estimated in February

    Is Arbitration Always the Answer?

    Make Sure to Properly Perfect and Preserve Construction Lien Rights

    No Duty to Defend Under Renter's Policy

    Federal Court in New York Court Dismisses Civil Authority Claim for COVID-19 Coverage

    Difficult Task for Court to Analyze Delay and Disorder on Construction Project

    Insurers' Communications Through Brokers Not Privileged

    An Upward Trend in Commercial Construction?

    OSHA Issues Guidance on Mitigating, Preventing Spread of COVID-19 in the Workplace

    Revamp to Nationwide Permits Impacting Oil and Gas Pipeline, Utility and Telecom Line Work

    Construction Resumes after Defects

    Cape Town Seeks World Cup Stadium Construction Collusion Damages

    Developer’s Failure to Plead Amount of Damages in Cross-Complaint Fatal to Direct Action Against Subcontractor’s Insurers Based on Default Judgment

    Thank Your Founding Fathers for Mechanic’s Liens

    A Lack of Sophistication With the Construction Contract Can Play Out In an Ugly Dispute

    You Can Take This Job and Shove It!

    Colorado Court of Appeals Defines “Substantial Completion” for Subcontractors’ Work so as to Shorten the Period of Time in Which They Can Be Sued

    UK Court Rules Against Bechtel in High-Speed Rail Contract Dispute

    As Single-Family Homes Get Larger, Lots Get Smaller

    Governor Murphy Approves Legislation Implementing Public-Private Partnerships in New Jersey
    Corporate Profile

    STRUCTURAL ENGINEER EXPERT WITNESS POMONA PARK FLORIDA FLORIDA CONSTRUCTION EXPERT WITNESS
    DIRECTORY AND CAPABILITIES

    The Structural engineer expert witness Pomona Park Florida, 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
    Structural engineer expert witness Pomona Park Florida, Florida

    Risk Transfer: The Souffle of Construction Litigation

    December 13, 2022 —
    Who does not love a good souffle?! Enthusiasts will know that a great souffle is not something you can obtain quickly. Rather, it is common in restaurants to order the souffle as dessert at the beginning of the meal because it takes an hour to bake. Risk transfer – like a good souffle – also requires planning, preparation, and the right ingredients. In construction litigation, attorneys are often not retained until after the project has been completed for several years as the dispute between the homeowner and the general contractor or developer took time to escalate to formal litigation. A significant part of defense counsel’s legal analysis involves assessing and evaluating risk transfer opportunities. For example, in the case of a general contractor or developer who did not self-perform the construction work but instead retained subcontractors to do so, counsel will assess if risk can be transferred from the general contractor or developer to the subcontractors who performed the work which the homeowners allege is defective. In other words, a developer or general contractor can reduce their risk (i.e. liability and money owed) by transferring said risk (i.e. pointing the finger at) to a third party. Sounds easy, right? Unfortunately, just like the souffle making process, it is easier said than done. This task can be exceedingly difficult in the absence of contracts that contain strong indemnity and insurance provisions – the essential ingredients to effect risk transfer. Worry not! We have provided “baking” instructions for you below to help you get a great risk transfer souffle time and again. Reprinted courtesy of Alexa Stephenson, Kahana Feld and Ivette Kincaid, Kahana Feld Ms. Stephenson may be contacted at astephenson@kahanafeld.com Ms. Kincaid may be contacted at ikincaid@kahanafeld.com Read the full story...

    Update: Supreme Court Issues Opinion in West Virginia v. EPA

    August 03, 2022 —
    Takeaways
    • The Supreme Court sided with a coalition of states and coal mining companies constraining EPA’s ability to regulate CO2 emissions from power plants.
    • The Supreme Court’s deployment of the “major questions doctrine” could have far-reaching implications for agencies’ authority to take actions that are politically and economically significant.
    • The Court also announced a broad interpretation of standing, finding that the challengers could bring their suit notwithstanding EPA’s announced nonenforcement of the Clean Power Plan and intent to engage in a rulemaking to replace it.
    Introduction On June 30, 2022, the Supreme Court issued its opinion in West Virginia v. EPA, invalidating the 2015 Obama-era Clean Power Plan (CPP). Chief Justice John Roberts delivered the opinion of the court, holding that Section 111(d) of the Clean Air Act does not authorize EPA to devise emissions caps based on “generation shifting”—the approach EPA took in the CPP wherein power plants would be required to transition from higher-emitting (e.g., coal) to lower-emitting (e.g., natural-gas) to then even lower-emitting (e.g., wind and solar) electricity production. The Court’s holding that the case was justiciable despite the Biden administration’s stated intent to repeal the Clean Power Plan and engage in a new rulemaking, as well as its deployment of the “major questions doctrine,” is likely to have far-reaching implications for legal challenges to all administrative agency actions. Reprinted courtesy of Anne Idsal Austin, Pillsbury, Shelby L. Dyl, Pillsbury and Sheila McCafferty Harvey, Pillsbury Ms. Austin may be contacted at anne.austin@pillsburylaw.com Ms. Dyl may be contacted at shelby.dyl@pillsburylaw.com Ms. Harvey may be contacted at sheila.harvey@pillsburylaw.com 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 enr@enr.com Read the full story...

    PSA: Pay If Paid Ban Goes into Effect on January 1, 2023

    December 05, 2022 —
    I have written a couple of times here at Musings regarding the new pay-if-paid legislation passed by the General Assembly last session. While the statute has some inconsistencies and a working group has made some recommendations, the legislation as passed will go into effect on January 1, 2023, without any changes (at least until next session). As always, such action by our legislature here in Virginia will create work for construction attorneys assisting their clients to amend contracts to meet the new rules. Essentially (and with minor inconsistencies between public and private contracts), the bill requires that any construction contract entered into after January 1, 2023 have the following provisions:
    • On public projects: A payment clause that obligates a contractor on a construction contract to be liable for the entire amount owed to any subcontractor with which it contracts. Such contractor shall not be liable for amounts otherwise reducible due to the subcontractor’s noncompliance with the terms of the contract. However, in the event that the contractor withholds all or a part of the amount promised to the subcontractor under the contract, the contractor shall notify the subcontractor, in writing, of his intention to withhold all or a part of the subcontractor’s payment with the reason for nonpayment.
    Read the full story...
    Reprinted courtesy of The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at chrisghill@constructionlawva.com

    Contract And IP Implications Of Design Professionals Monetizing Non-Fungible Tokens Comprising Digital Construction Designs

    December 26, 2022 —
    There is an emerging market that appears poised to increasingly provide opportunities to monetize architectural and other construction designs through the sale of non-fungible tokens (NFTs). Last year, artist Krista Kim reportedly made the first sale of a digital home design via an NFT marketplace, for over $500,000. With some NFTs selling for millions of dollars, monetizing digital designs is undoubtedly an enticing prospect for architects, engineers, and other design professionals. It is thus critical to understand the application of intellectual property rights to NFTs and to address those rights in contracts involving design professionals. What is an NFT? To understand the market for NFTs it is necessary to first understand blockchain technology. A blockchain is a decentralized system of recording information via a digital ledger of transactions duplicated and distributed across many computers. The manner in which each block of the ledger chain is created—using a cryptographic mathematical algorithm tied into the previous block, a timestamp, and transaction data—prevents it from being changed retroactively without a change to all subsequent blocks and consensus of the decentralized network. An NFT is a ‘token’ secured to a blockchain. It can represent ownership of any item that is non-fungible, i.e., any item that has unique qualities that add value and make the item non-interchangeable. NFTs can take unlimited forms, including, for example, tokens representing unique artwork, music, fashion items, in-game items, essays, collectibles, memorabilia, furniture, and real estate. Read the full story...
    Reprinted courtesy of Colin C. Holley, Watt, Tieder, Hoffar, & Fitzgerald, LLP (ConsensusDocs)
    Mr. Holley may be contacted at cholley@watttieder.com

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

    November 28, 2022 —
    PENNSYLVANIA. — The Pennsylvania Council of the American Society of Civil Engineers (ASCE) released the 2022 Report Card for Pennsylvania's Infrastructure today at three congruent news conferences across the state including Harrisburg, Lehigh Valley, and Pittsburgh, with 15 categories of infrastructure receiving an overall grade of a "C-". This is the same grade issued by the council in its 2018 report. A "C-" means Pennsylvania's infrastructure is in mediocre condition and requires attention. Pennsylvania's aviation and rail networks are helping to drive economic growth in the region and an improved roadway network is helping increase efficiency for the regional and national economies, but an aging infrastructure network and struggling water systems threaten the health, safety and welfare of the region. Civil engineers graded aviation (B-), bridges (D+), dams (C), drinking water (D), energy (C), hazardous waste (B-), levees (C), parks (C+), ports (C+), rail (C), roads (C-), solid waste (C+), stormwater (D), transit (D), and wastewater (D-). "Considering Pennsylvania's aging infrastructure and its critical role in our state's economy, policy makers must continue to prioritize dedicated funding to update and improve all infrastructure assets," said Rep. Mike Carroll, D-118. "Failure to do so will seriously harm the quality of life for every citizen." "This report shows that Pennsylvania's infrastructure has seen some noteworthy improvements and that our lawmakers are prioritizing the built environment, but out-of-sight, out-of-mind systems such as water and wastewater pipelines are lacking the necessary attention," said David DiGioia, chair, 2022 Report Card for Pennsylvania's Infrastructure. "With help from the Bipartisan Infrastructure Law, we could improve our communities for generations if we double down on investment and close our funding gaps across all sectors included in this report." The Report Card was created as a public service to citizens and policymakers to inform them of the infrastructure needs in their state. Civil engineers used their expertise and school report card-style letter grades to condense complicated data into an easy-to-understand analysis of Pennsylvania's infrastructure network. ASCE State and Regional Infrastructure Report Cards are modeled after the national Infrastructure Report Card, which gave America's infrastructure an overall grade of 'C-' in 2021. To view the report card and all five categories, visit https://infrastructurereportcard.org/state-item/Pennsylvania/. 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.

    Why Ethiopia’s $5 Billion Dam Has Riled Its Neighbors

    September 12, 2022 —
    Ethiopia has been at loggerheads with downstream neighbors Egypt and Sudan for years over a $5 billion mega-dam it’s building on the Nile River. A third phase of filling a 74 billion cubic-meter (2.6 trillion cubic-foot) reservoir behind the Grand Ethiopian Renaissance Dam was completed in August, a process that’s reignited tensions. Egypt has described the unilateral action as a violation of international law and its foreign minister, Sameh Shoukry, wrote to the United Nations Security Council in July, reiterating its objections and accusing Ethiopia of derailing attempts to resolve the standoff. 1. Why is the dam so significant? The Nile is the most important source of fresh water in a largely arid region that is very vulnerable to drought and climate change and is experiencing rapid population growth. Egypt relies on the 4,000-mile-long river for as much as 97% of its supply, and much of eastern Sudan’s population depends on it for survival. Ethiopia is counting on a 5,150-megawatt hydropower plant on its new dam to help supply electricity to the 60% of its population that don’t have access, and sustain its manufacturing industries. The plant began generating power in 2022, some of which will be sold to neighboring countries. Reprinted courtesy of Samuel Gebre, Bloomberg and Fasika Tadesse, Bloomberg Read the full story...

    Understanding Liability Insurer’s Two Duties: To Defend and to Indemnify

    December 26, 2022 —
    A liability insurer has two duties that are the crux of a liability policy: the duty to defend the insured in legal actions and the duty to indemnify the insured from losses covered under the policy. Many times, policyholders (insureds) do not fully understand or appreciate these two important duties. They need to and this is why having private counsel assist with coverage-related considerations is an absolute must. An insurers’ duty to defend is separate from its duty to indemnify. A recent opinion out of the Middle District of Florida in Progressive Express Ins. Co. v. Tate Transport Corp., 2022 WL 16963815 (M.D.Fla. 2022) clarifies the distinction between these duties with a focus on an insurer’s initial duty — the duty to defend. Please read below so you can have more of an appreciation of these duties. The court does a good job discussing Florida law with the emphasis on when an insurer’s initial duty to defend kicks-in: Duty to Defend Under Florida law, “an insurer’s duty to defend its insured against a legal action arises when the complaint alleges facts that fairly and potentially bring the suit within policy coverage.” The duty to defend is a broad one, broader than the duty to indemnify, and “[t]he merits of the underlying suit are irrelevant.” We determine whether an insurer has a duty to defend its insured based only on “the eight corners of the complaint and the policy,” and only as the complaint’s alleged facts are “fairly read[.]” The “facts” we consider in evaluating the duty to defend come solely from the complaint, regardless of the actual facts of the case and regardless of any later developed and contradictory factual record. “Any doubts regarding Read the full story...
    Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
    Mr. Adelstein may be contacted at dma@kirwinnorris.com