BERT HOWE
  • Nationwide: (800) 482-1822    
    low-income housing expert witness High Springs Florida eifs expert witness construction defect litigation experts Florida condominium expert witness High Springs Florida eifs expert witness construction defect litigation experts Florida tract home expert witness High Springs Florida eifs expert witness construction defect litigation experts Florida housing expert witness High Springs Florida eifs expert witness construction defect litigation experts Florida high-rise construction expert witness High Springs Florida eifs expert witness construction defect litigation experts Florida custom homes expert witness High Springs Florida eifs expert witness construction defect litigation experts Florida retail construction expert witness High Springs Florida eifs expert witness construction defect litigation experts Florida Medical building expert witness High Springs Florida eifs expert witness construction defect litigation experts Florida Subterranean parking expert witness High Springs Florida eifs expert witness construction defect litigation experts Florida office building expert witness High Springs Florida eifs expert witness construction defect litigation experts Florida casino resort expert witness High Springs Florida eifs expert witness construction defect litigation experts Florida condominiums expert witness High Springs Florida eifs expert witness construction defect litigation experts Florida institutional building expert witness High Springs Florida eifs expert witness construction defect litigation experts Florida production housing expert witness High Springs Florida eifs expert witness construction defect litigation experts Florida townhome construction expert witness High Springs Florida eifs expert witness construction defect litigation experts Florida industrial building expert witness High Springs Florida eifs expert witness construction defect litigation experts Florida concrete tilt-up expert witness High Springs Florida eifs expert witness construction defect litigation experts Florida hospital construction expert witness High Springs Florida eifs expert witness construction defect litigation experts Florida landscaping construction expert witness High Springs Florida eifs expert witness construction defect litigation experts Florida parking structure expert witness High Springs Florida eifs expert witness construction defect litigation experts Florida structural steel construction expert witness High Springs Florida eifs expert witness construction defect litigation experts Florida multi family housing expert witness High Springs Florida eifs expert witness construction defect litigation experts Florida
    High Springs Florida eifs expert witness construction defect litigation experts Florida construction claims expert witnessHigh Springs Florida eifs expert witness construction defect litigation experts Florida hospital construction expert witnessHigh Springs Florida eifs expert witness construction defect litigation experts Florida expert witness concrete failureHigh Springs Florida eifs expert witness construction defect litigation experts Florida contractor expert witnessHigh Springs Florida eifs expert witness construction defect litigation experts Florida structural engineering expert witnessesHigh Springs Florida eifs expert witness construction defect litigation experts Florida building consultant expertHigh Springs Florida eifs expert witness construction defect litigation experts Florida construction expert testimony
    Arrange No Cost Consultation
    Construction Expert Witness Builders Information
    High Springs Florida eifs expert witness construction defect litigation experts, 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 High Springs Florida eifs expert witness construction defect litigation experts 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

    High Springs Florida eifs expert witness construction defect litigation experts Florida Construction Expert Witness 10/ 10

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

    High Springs Florida eifs expert witness construction defect litigation experts Florida Construction Expert Witness 10/ 10

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

    High Springs Florida eifs expert witness construction defect litigation experts Florida Construction Expert Witness 10/ 10

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

    High Springs Florida eifs expert witness construction defect litigation experts Florida Construction Expert Witness 10/ 10

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

    High Springs Florida eifs expert witness construction defect litigation experts Florida Construction Expert Witness 10/ 10

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

    High Springs Florida eifs expert witness construction defect litigation experts Florida Construction Expert Witness 10/ 10

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

    High Springs Florida eifs expert witness construction defect litigation experts Florida Construction Expert Witness 10/ 10


    Construction Expert Witness News and Information
    For High Springs Florida eifs expert witness construction defect litigation experts Florida


    Miami Building Boom Spreads Into Downtown’s Tent City

    U.S. District Court of Colorado Interprets Insurance Policy’s Faulty Workmanship Exclusion and Exception for Ensuing Damage

    Negligent Construction an Occurrence Says Ninth Circuit

    The 2024 Colorado Legislative Session Promises to be a Busy One for the Construction Industry and its Insurers

    This New Indicator Shows There's No Bubble Forming in U.S. Housing

    Denver Passed the Inclusionary Housing Ordinance

    Why Builders Should Reconsider Arbitration Clauses in Construction Contracts

    Indiana Federal Court Holds No Coverage for $50M Default Judgment for Lack of Timely Notice of Class Action

    Amazon Urged to Review Emergency Plans in Wake of Deadly Tornado

    Adobe Opens New Office Tower and Pledges No Companywide Layoffs in 2023

    New York Condominium Association Files Construction Defect Suit

    Texas Supreme Court Defines ‘Plaintiff’ in 3rd-Party Claims Against Design Professionals

    Eleventh Circuit Upholds Coverage for Environmental Damage from Sewage, Concluding It is Not a “Pollutant”

    The New Industrial Revolution: Rebuilding America and the World

    Bad Faith Jury Verdict Upheld After Insurer's Failure to Settle Within Policy Limits

    The Future of Pandemic Coverage for Real Estate Owners and Developers

    Avoid a Derailed Settlement in Construction

    U.S. Building Permits Soared to Their Highest Level in Nearly Eight Years

    Documenting Contract Changes in Construction

    New York Governor Expected to Sign Legislation Greatly Expanding Recoverable Damages in Wrongful Death Actions

    Giving Insurance Carrier Prompt Notice of Claim to Avoid “Untimely Notice” Defense

    Real Estate & Construction News Round-Up (11/03/21)

    In a Win for Property Owners California Court Expands and Clarifies Privette Doctrine

    Certificates of Merit: Is Your Texas Certificate Sufficient?

    July 1, 2015 Statutory Changes Affecting Virginia Contractors and Subcontractors

    Apartments pushed up US homebuilding in September

    Prevailing HOAs Not Entitled to Attorneys’ Fees in Enforcement Actions Brought Under Davis-Stirling

    Illinois Court Addresses Coverage Owed For Subcontractor’s Defective Work

    Jury Could Have Found That Scissor Lift Manufacturer Should Have Included “Better” Safety Features

    New Illinois Supreme Court Trigger Rule for CGL Personal Injury “Offenses” Could Have Costly Consequences for Policyholders

    The Insurance Coverage Debate on Construction Defects Continues

    Former UN General Assembly President Charged in Bribe Scheme

    Liability policy covers negligent construction: GA high court

    Newmeyer Dillion Announces Jessica Garland as Its Newest Partner

    Employee or Independent Contractor? New Administrator’s Interpretation Issued by Department of Labor Provides Guidance

    Construction defect firm Angius & Terry moves office to Roseville

    Is the Issuance of a City Use Permit Referable? Not When It Is an Administrative Act

    Coping With The New Cap And Trade Law

    Construction Defect Class Action Lawsuit Alleges National Cover-up of Pipe Defects

    Construction Insurance Costs for New York Schools is Going Up

    Affordable Housing, Military Contracts and Mars: 3D Printing Construction Potential Builds

    Climate-Proofing Your Home: Upgrades to Weather a Drought

    Appraisal May Include Cause of Loss Issues

    Savera Sandhu Joins Newmeyer Dillion As Partner

    Notice of Claim Sufficient to Invoke Coverage

    Court of Appeals Discusses Implied Duty of Good Faith and Fair Dealing in Public Works Contracting

    OSHA Issues New Rules on Injury Record Keeping

    Is Construction in Arizona Back to Normal?

    A Homeowner’s Subsequent Action is Barred as a Matter of Law by way of a Prior “Right to Repair Act” Claim Resolved by Cash Settlement for Waiver of all Known or Unknown Claims

    Three Attorneys Named Among The Best Lawyers in America 2018
    Corporate Profile

    HIGH SPRINGS FLORIDA EIFS EXPERT WITNESS CONSTRUCTION DEFECT LITIGATION EXPERTS FLORIDA CONSTRUCTION EXPERT WITNESS
    DIRECTORY AND CAPABILITIES

    The High Springs Florida eifs expert witness construction defect litigation experts, 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 High Springs Florida eifs expert witness construction defect litigation experts' 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
    High Springs Florida eifs expert witness construction defect litigation experts, Florida

    Parties Can Agree to Anything In A Settlement Agreement………Or Can They?

    October 17, 2023 —
    A settlement agreement is a contract. When parties to pending litigation enter into a settlement, they enter into a contract. Such a contract is subject to the general law governing all contracts. (T. M. Cobb Co. v. Superior Court (1984) 36 Cal.3d 273, 280 [204 Cal. Rptr. 143, 682 P.2d 338] [offers by a party to compromise under Code Civ. Proc., § 998].) Courts seek to interpret contracts in a manner that will render them “lawful, operative, definite, reasonable, and capable of being carried into effect’” without violating the intent of the parties. (Robbins v. Pacific Eastern Corp. (1937) 8 Cal.2d 241, 272–273; Kaufman v. Goldman, (2011) 195 Cal. App. 4th 734, 745. A settlement agreement like a contract is a document that is typically negotiated between the parties to the agreement and it is up to the parties to determine its terms. Settlements take time and sometimes negotiating the settlement terms takes longer. This is especially true in complex litigation and multiparty matters where negotiating the settlement terms is just as contentious as litigating the matter. Just like contracts, in a settlement agreement the parties cannot agree to terms that violate public policy. A contract is thought to be against public policy if it results in a breach of law, harms citizens, or causes injury to the state. Contracts that are voided on public policy grounds carry no legal obligations. For example, an employer cannot force an employee to sign a contract that forbids the worker from joining a union. 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...

    Amendments to Federal Rule of Evidence 702 – Expert Testimony

    October 30, 2023 —
    In April, the Supreme Court sent a list of proposed amendments to Congress that amend the Federal Rules of Evidence. Absent action by Congress, the rules go into effect December 1, 2023. The proposed amendments affect Rules 106, 615 and, relevant to this article, 702. Rule 702 addresses testimony by an expert witness. The proposed rule reads as follows (new material is underlined; matters omitted are lined through): A witness who is qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise if the proponent demonstrates to the court that it is more likely than not that:
    1. the expert’s scientific, technical, or other specialized knowledge will help the trier of fact to understand the evidence or to determine a fact in issue;
    2. the testimony is based on sufficient facts or data;
    3. the testimony is the product of reliable principles and methods; and
    4. the expert has reliably applied expert’s opinion reflects a reliable application of the principles and methods to the facts of the case.
    Read the full story...
    Reprinted courtesy of William L. Doerler, White and Williams LLP
    Mr. Doerler may be contacted at doerlerw@whiteandwilliams.com

    Hilary Soaks California With Flooding Rain and Snarls Flights

    August 21, 2023 —
    The remnants of Tropical Storm Hilary pummeled California with record rains on Monday, disrupting flights but sparing its largest cities from widespread destruction. Across the region, “the ongoing and historic amount of rainfall is expected to cause life-threatening to locally catastrophic” floods, along with landslides and mudslides, the National Hurricane Center said in a notice early Monday. The storm, now a post-tropical cyclone, has weakened since coming ashore in California late Sunday. As of early Monday, it had maximum sustained winds of about 35 miles (56 kilometers) per hour and is forecast to move across Nevada and dissipate on Monday. Hilary, a rare storm to hit the Southwest, could bring a year’s worth of rain to parts of a region famous for its usually balmy weather. Heavy rain and flash flooding have already disrupted transportation, and officials warned residents to stay off the roads. In the last 10 years, flooding from rainfall has caused the most deaths from hurricanes and tropical storms in the US. Read the full story...
    Reprinted courtesy of Bloomberg

    Nevada’s Changing Liability Insurance Landscape—State Insurance Regulator Issues Emergency Regulation and Guidance Addressing Controversial “Defense-Within-Limits” Legislation

    August 28, 2023 —
    We recently posted about Nevada becoming the first state to prohibit defense-within-limits provisions in liability insurance policies. Defense-within-limits provisions—resulting in what is called “eroding” or “wasting” policies—reduce the policy’s applicable limit of insurance by amounts the insurer pays to defend the policyholder against a claim or suit. In response to uncertainty and industry concern about the potential effects the new law may have on the state’s insurance marketplace, Nevada’s Division of Insurance issued an Emergency Regulation and Guidance to Insurers on the new law to minimize disruption to the marketplace. After noting that the new law “has the potential to eliminate or greatly reduce the availability of certain policies of liability insurance and significantly increase their costs, which will affect all types of Nevada businesses, non-profit entities, and state and local governments,” Nevada’s Division of Insurance addressed three issues relating to the new law in the Emergency Regulation:
    1. The meaning of the term “policy of liability insurance,” as used in the new law.
    2. The insurers to which the new law does not apply.
    3. How defense coverage is required to be made available.
    Reprinted courtesy of Geoffrey B. Fehling, Hunton Andrews Kurth and Andrew S. Koelz, Hunton Andrews Kurth Mr. Fehling may be contacted at gfehling@HuntonAK.com Mr. Koelz may be contacted at akoelz@HuntonAK.com Read the full story...

    Recent Developments in Legislative Efforts To Combat Climate Change

    October 30, 2023 —
    Governments across the United States have been increasingly integrating climate considerations into legislation affecting various sectors of the economy. The construction industry is no exception. Recent legislative developments at various levels of government are reshaping construction practices to mitigate the industries’ greenhouse gas emissions and vulnerability to climate-related risks. These developments include incentivizing eco-friendly construction projects, mandating stricter regulations to reduce carbon emissions, and enhancing building resilience to more severe weather events. Contractors must stay abreast of these developments to ensure compliance with new substantive and administrative requirements to remain competitive in a changing environment. Funding Greener Construction Projects: The Inflation Reduction Act The federal Inflation Reduction Act (IRA) enacted in August 2022 marked a significant milestone in the pursuit of greener construction. The IRA is widely considered to be the single largest investment into climate change in history, with potential ripple effects throughout the construction industry. The IRA allocates substantial funds for projects utilizing “low-carbon” materials, with an explicit focus on climate-conscious construction. This initiative aligns with the broader goal of curbing emissions from sectors like steel, concrete, and glass, which have been major contributors to the nation’s carbon footprint. Reprinted courtesy of Dominick Weinkam, Watt Tieder and Robert B. Cimmino, Watt Tieder Mr. Weinkam may be contacted at dweinkam@watttieder.com Mr. Cimmino may be contacted at rcimmino@watttieder.com Read the full story...

    Texas Shortens Its Statute of Repose To 6 Years, With Limitations

    October 02, 2023 —
    Effective June 9, 2023, Texas has shortened its statute of repose from the existing 10-year statute for builders of new homes to 6-years under specific conditions. The significantly shorter statute of repose bars suits against construction contractors of detached one-and two-family homes and townhomes, filed six years after the substantial completion of such homes, where the contractor also furnished a written warranty in compliance with the statute. Notably, projects including apartments, mixed-use, and hotels are not covered by the new law. It is also noted that a grey area in the law exists as to whether condominiums will be covered by the statute. The statute of repose strictly bars the filing of any action, claim or arbitration demand regardless of when the injury was actually discovered (latent defects) and is separate and distinct from any applicable statute of limitations. The New Texas Statute of Repose Law Under the Texas Civil Practice & Remedies Code § 16.009, persons who construct or repair improvements to real property cannot be sued for defective or unsafe conditions of the property or deficiencies in the construction or repair of the improvement later than 10 years after substantial completion of the improvement, except in certain narrow circumstances. This statute is known as the “statute of repose.” The statute applies not only to suits for construction defects, but also personal injury, wrongful death, contribution, and indemnity. Reprinted courtesy of Jason Daniel Feld, Kahana Feld and Roni Most, Kahana Feld Mr. Feld may be contacted at jfeld@kahanafeld.com Mr. Most may be contacted at rmost@kahanafeld.com Read the full story...

    How Will Artificial Intelligence Impact Construction Litigation?

    September 12, 2023 —
    In the first half of 2023, artificial intelligence (“AI”) caught the public’s imagination. Attorneys have not been immune from the fever-pitch of commentary regarding the possible applications. While early adopters have had varying degrees of success, commentators have proposed various potential impacts on construction projects and disputes. This article discusses potential areas where AI can assist in preventing and resolving disputes from the pre-bid stage through project completion and close-out. What is AI? Artificial intelligence entered the popular zeitgeist accompanied by both optimistic and pessimistic predictions about the future. Internet searches on AI exploded in December 2022, reflecting a rapid and widespread public interest in the topic. The term “AI” itself is often loosely used to refer to a machine or computer software with the ability to conduct machine learning.[1] Whereas “automation” is the simple process of computing inputs, artificial intelligence refers to the ability to learn without additional programming from a human being. Now, increased computing power is finally helping some of the potential applications of this technology come into focus. Nonetheless, artificial intelligence is still maturing and is subject to “hallucinations” where the technology essentially generates erroneous nonsense. Read the full story...
    Reprinted courtesy of Patrick McKnight, Fox Rothschild LLP
    Mr. McKnight may be contacted at pmcknight@foxrothschild.com

    No Coverage Under Installation Policy When Read Together with Insurance Application

    January 16, 2024 —
    A recent case out of the Eleventh Circuit denied an underground contractor’s claim under what appears to be a commercial property installation floater policy (inland marine coverage) that covers the contractor’s materials. Whereas a builder’s risk policy is more expansive, an installation floater is narrower and can provide protection to a contractor for materials and equipment in transit, stored, or being installed subject to the terms of the installation floater policy. It can provide coverage to a trade subcontractor for materials that aren’t covered by builder’s risk. In Travelers Property Casualty Company of America v. Talcon Group, LLC, 2023 WL 8798053 (11th Cir. 2023), an underground utility contractor that had a general contractor’s license had an installation policy that provided coverage “only for underground utility operations and the site development work tied to those operations.” Talcon Group, supra, at *1. The utility contractor was constructing two residential homes that was on land owned by an affiliated family entity. During construction of the residential homes, a wildfire destroyed the homes prior to the issuance of certificates of occupancy. The utility contractor submitted a notice of loss to its insurance carrier that provided the installation policy. The carrier denied the claim because the construction of the homes was NOT the same type of work as the installation of underground utilities which was covered. An insurance coverage lawsuit ensued. Read the full story...
    Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
    Mr. Adelstein may be contacted at dma@kirwinnorris.com