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    Dade City, 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 Dade City Florida

    Commercial and Residential Contractors License Required.

    Construction Expert Witness Contractors Building Industry
    Association Directory
    Hernando Bldrs Assoc
    Local # 1010
    7391 Sunshine Grove Rd
    Brooksville, FL 34613

    Dade City Florida Construction Expert Witness 10/ 10

    Home Builders Association of Metro Orlando
    Local # 1040
    544 Mayo Ave
    Maitland, FL 32751

    Dade City Florida Construction Expert Witness 10/ 10

    Home Builders & CA of Brevard
    Local # 1012
    1500 W Eau Gallie Blvd Ste A
    Melbourne, FL 32935

    Dade City Florida Construction Expert Witness 10/ 10

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

    Dade City Florida Construction Expert Witness 10/ 10

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

    Dade City Florida Construction Expert Witness 10/ 10

    Polk County Builders Association
    Local # 1028
    2232 Heritage Dr
    Lakeland, FL 33801

    Dade City Florida Construction Expert Witness 10/ 10

    Tampa Bay Builders Association
    Local # 1036
    11242 Winthrop Main St
    Riverview, FL 33578

    Dade City Florida Construction Expert Witness 10/ 10

    Construction Expert Witness News and Information
    For Dade City Florida

    Duty To Defend Construction Defect Case Affirmed, Duty to Indemnify Reversed In Part

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    The Requirement to Post Collateral Under General Agreement of Indemnity Is Real

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    New York Court Discusses Evidentiary Standards for Policy Rescission Based on Material Misrepresentation

    Partner Denis Moriarty and Of Counsel William Baumgaertner Listed in The Best Lawyers in America© 2017

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    Implied Warranty Claims–Not Just a Seller’s Risk: Builders Beware!

    No Coverage For Damage Caused by Chinese Drywall

    Read Her Lips: “No New Buildings”

    Connecticut Answers Critical Questions Regarding Scope of Collapse Coverage in Homeowners Policies in Insurers’ Favor

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

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    D&O Insurer Must Cover Mortgage Broker’s $15 Million Settlement of Alleged False Claims Act Violations

    New Hampshire Asbestos Abatement Firm Pleads Guilty in Federal Fraud Case

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    Contractual Waiver of Consequential Damages

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    Another Colorado City Passes Construction Defects Ordinance

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    Making the Construction Dispute Resolution Process More Efficient and Less Expensive, Part 2

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    Expired Contract Not Revived Due to Sovereign Immunity and the Ex Contractu Clause
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    The Dade City, 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. Leveraging from this considerable body of experience, BHA provides construction related trial support and expert services to Dade City'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
    Dade City, Florida

    Robots on Construction Sites Are Raising Legal Questions

    September 18, 2023 —
    Mark Twain said that “good decisions come from experience. Experience comes from making bad decisions.” Aesop warns “be careful what you wish for….” But is there a good decision to be made now to employ robots on your next project? There is not a lot of experience to help us make that decision, and the robotic laborer that does not tire or need breaks or desire a raise or promotion looks like an option we might all wish for when planning our next project. Are there pitfalls, traps for the unwary? Always. Spotting them is the trick. After a brief glimpse into the past for appropriate context, there are a few traps that need to be considered. Reprinted courtesy of Peter Sheridan, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

    Real Estate & Construction News Roundup (09/12/23) – Airbnb’s Future in New York City, MGM Resorts Suffer Cybersecurity Incident, and Insurance Costs Hitting Commercial Real Estate

    October 30, 2023 —
    In our latest roundup, the FDIC handles the portfolio from Signature Bank, the U.S. Army Corps of Engineers funds a new center at Illinois, the Athletics take their next steps in their move to Las Vegas, and more!
    1. For those looking to rent an Airbnb for future travel to New York City, it just became much harder with new rules taking effect on September 5th. (Natalie Lung, The Washington Post)
    2. This past weekend MGM Resorts suffered a cybersecurity incident that affected some of the company’s systems with the extent of the incident still unknown. (ABC)
    3. Among issues such as rent increases and general inflation, commercial real estate is also having to contend with rising insurance costs due to climate change. (Justin Worland, Time)
    Read the full story...
    Reprinted courtesy of Pillsbury's Construction & Real Estate Law Team

    Tech Focus: Water Tech Getting Smarter

    June 05, 2023 —
    In early December 2021, the Denver International Airport made headlines across the U.S. after a hot water pipe broke a month before a major terminal expansion project was expected to complete. The scalding water spilled on floors and across the airport concourse, causing $50 million in damage and a nine-month delay to the project. Reprinted courtesy of Pam McFarland, Engineering News-Record Ms. McFarland may be contacted at Read the full story...

    Be Strategic When Suing a Manufacturer Under a Warranty with an Arbitration Provision

    October 02, 2023 —
    I’ve said this before, and I’ll say it again: arbitration is a creature of contract. If you don’t want to arbitrate, don’t agree to an arbitration provision as the means to resolve your dispute. Now, with that said, there are times you may not have a choice. An arbitration provision in a warranty from a manufacturer of a product is an example. If you are procuring the product, you are agreeing to the terms of the express warranty. Manufacturers are not negotiating their product warranty on a case-by-case basis considering they are not typically the ones selling the product directly to the end user. This does not mean that is a bad thing. It just means if you elect to sue the manufacturer directly for an alleged product defect or under the terms of the warranty, you should read the warranty and consider the strategic aspect that suing the manufacturer will have on your case. In SICIS North America, Inc. v Sadie’s Hideaway, LLC, 48 Fla.L.Weekly D1581c (Fla. 1st DCA 2023), an owner elected to sue a tile manufacturer, a general contractor, the architect, and a window and door company. One of the arguments the owner raised was that exterior tiles installed were defective. The tiles were procured by the general contractor. The owner sued the general contractor under various theories and sued the tile manufacturer for breaches of warranty and negligence. The general contractor asserted a crossclaim for indemnification against the tile manufacturer. The tile manufacturer moved to compel the owner’s claim and the general contractor’s crossclaim to arbitration since there was an arbitration provision in the warranty documents and the general contractor’s indemnification claim arose from that transaction. The trial court denied the motion to compel arbitration. On appeal, the appellate court reversed:
    First, because [the owner] was suing [the tile manufacturer] based upon the written warranty, it was bound by the arbitration provision contained in [the general contractor’s] agreement with [the tile manufacturer]. As the Florida Supreme Court has explained, “[W]hen a plaintiff sues under a contract to which the plaintiff is not a party . . . we will ordinarily enforce an arbitration clause contained in that contract, absent some other valid defense. . . .” . [The owner] had no valid defense against arbitration, a fact which it apparently realized when it voluntarily dismissed its express warranty claim after the notice of appeal and initial brief were filed.
    Read the full story...
    Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
    Mr. Adelstein may be contacted at

    Strangers in a Strange Land: Revisiting Arbitration Provisions to Account for Increasing International Influences

    July 16, 2023 —
    Arbitration is nothing new. Neither is globalization. But the two are coming together in ways that have incrementally influenced the manner in which many arbitrations are now conducted. And this merits a re-examination of old arbitration clauses to account for some of these new influences. With that in mind, this article will examine some basic considerations when examining arbitration agreements within a construction industry that continues to see the increasing participation of foreign companies in domestic projects. Although this is not a comprehensive review of best drafting practices, nor is it a full survey of the differences between domestic and international arbitration, this article will nonetheless highlight a few basic concepts to keep in mind when reviewing arbitration clauses. As a basic starting point, the continuing globalization of the construction industry has led to distinct impacts on the ways in which parties conduct arbitrations in the United States. The increased participation of international companies in domestic construction projects has naturally led to the application of international legal concepts to domestic alternative dispute resolution. And the increasing prevalence of these international concepts has led to a number of important trends that can impact the way arbitrations are handled. Read the full story...
    Reprinted courtesy of William Underwood, Jones & Walker (ConsensusDocs)
    Mr. Underwood may be contacted at

    National Infrastructure Leaders Visit Dallas' Able Pump Station to Tout Benefits of Water Infrastructure Investment

    September 25, 2023 —
    DALLAS, TX. — An award-winning pump station in south downtown Dallas that protects residents from the Trinity River today was showcased by the national Engineering and Public Works Roadshow as an example of how infrastructure investment can improve the resilience of a community, protect residents, and encourage economic growth. The Able Pump Station in downtown Dallas, Texas won awards from both the American Council of Engineering Companies and the American Society of Civil Engineers since its completion in 2019 and has been credited with providing 100-year flood protection to approximately three square miles of high-profile land that was historically vulnerable to severe flooding events from the Trinity River. The Engineering and Public Works Roadshow is a joint project of the American Council of Engineering Companies (ACEC), the American Public Works Association (APWA), and the American Society of Civil Engineers (ASCE). The properties adjacent to the previous Able sump complex had experienced frequent flooding. The sump complex included nine separate and interconnected ponds that store stormwater, as well as two existing pump stations, constructed in the 1930s and 1950s, with a combined capacity of 220,000 gallons per minute. To help prevent the loss of life as a result of flooding, the City of Dallas hired HDR to design the new Able Pump Station, which increases the pumping capacity nearly fourfold, to 875,000 gallons per minute. It also lowers the 100-year flood elevation from 399.0 to a design elevation of 392.5 feet. As the federal government continues to implement this monumental legislation, the second year of the Bipartisan Infrastructure Law will not be fully realized without an expanded and robust workforce. It is imperative that students nationwide are educated on the rewarding careers of civil engineering and public works so that these professions have the necessary staffing to complete transformative projects.

    Improper Means Exception and Tortious Interference Claims

    August 14, 2023 —
    Last week, I discussed a case (here) that involved a federal district court (trial court) denying a motion to dismiss on a negligent supervision claim. In this same case, the plaintiff, a subcontractor/fabricator, also sued the defendants–parent company of a prime contractor and two entities the prime contractor hired to inspect the subcontractor’s fabricated units–for tortious interference of the subcontractor’s contract with the prime contractor. The defendants moved to dismiss this tortious interference claim which gave rise to another interesting discussion by the trial court relating to the burden to plead and prove tortious interference claims. This discussion is worthy to remember the next time you not only want to plead a tortious interference claim, but want to be in a position to put on evidence to prove the claim at trial.
    “Under Florida law, the elements of a tortious-interference-with-contract claim are: ‘(1) the existence of a contract, (2) the defendant’s knowledge of the contract, (3) the defendant’s intentional procurement of the contract’s breach, (4) absence of any justification or privilege, and (5) damages resulting from the breach.’” Bautech USA, Inc. v. Resolve Equipment, 2023 WL 4186395 (S.D.Fla. 2023) (citation omitted).
    Read the full story...
    Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
    Mr. Adelstein may be contacted at

    Construction Litigation Roundup: “Just Hanging Around”

    August 14, 2023 —
    A subcontractor asserting a payment bond claim for “standby” time for its equipment on the Cline Avenue bridge project (over Indiana Harbor and Ship Canal in East Chicago, Indiana) received pushback from the payment bond surety. In fact, the duration of the standby time occurred after the surety’s principal, the general contractor, had been placed in default and terminated on the general contract. According to the surety: “After termination of the contract… it is impossible for labor, materials, and equipment to have been furnished for use in performing the terminated contract.” The surety filed a motion for summary judgment. Read the full story...
    Reprinted courtesy of Daniel Lund III, Phelps
    Mr. Lund may be contacted at