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    Mechanical engineering expert witness Forensic architect expert witness Baldwin Florida 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.


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    Construction Expert Witness Contractors Building Industry
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    Tri-County Home Builders
    Local # 1073
    PO Box 420
    Marianna, FL 32447

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

    Mechanical engineering expert witness Forensic architect expert witness Baldwin Florida 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

    Mechanical engineering expert witness Forensic architect expert witness Baldwin Florida Florida Florida Construction Expert Witness 10/ 10

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

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

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

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

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    Construction Expert Witness News and Information
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    Consumer Prices Rising as U.S. Housing Stabilizes: Economy

    Milhouse Engineering and Construction, Inc. Named 2022 A/E/C Building a Better World Award Winner

    Lasso Needed to Complete Vegas Hotel Implosion

    Wake County Justice Center- a LEED Silver Project done right!

    Privacy In Pandemic: Senators Announce Covid-19 Data Privacy Bill

    California’s Right To Repair Act Is The Sole Remedy For Damages For Construction Defects In New Residential Construction

    Atlantic City Faces Downward Spiral With Revel’s Demise

    Nevada Senate Minority Leader Gets Construction Defect Bill to Committee

    Housing Sales Hurt as Fewer Immigrants Chase Owner Dream

    Pay-if-Paid Clauses, Nasty, but Enforceable

    North Carolina, Tennessee Prepare to Start Repairing Helene-damaged Interstates

    Library to Open with Roof Defect Lawsuit Pending

    Roof's "Cosmetic" Damage From Hail Storm Covered

    EO or Uh-Oh: Biden’s Executive Order Requiring Project Labor Agreements on Federal Construction Projects

    Tender the Defense of a Lawsuit to your Liability Carrier

    President Trump Repeals Contractor “Blacklisting” Rule

    Construction Companies Must Prepare for a Surge of Third-Party Contractors

    Sales of New U.S. Homes Surged in August to Six-Year High

    To Arbitrate or Not to Arbitrate? That is the Question

    Property Insurance Exclusion for Constant or Repeated Leakage of Water

    Superintendent’s On-Site Supervision Compensable as Labor Under Miller Act

    Alabama Supreme Court Finds No Coverage for Construction Defect to Contractor's own Product

    The Best Lawyers in America© Peer Review Names Eight Newmeyer & Dillion Partners in Multiple Categories and Two Partners as Orange County’s Lawyers of the Year in Construction and Insurance Law

    Hawaii Federal District Court Rejects Bad Faith Claim

    Allocating Covered and Uncovered Damages in Jury Verdict

    Here's How Much You Can Make by Renting Out Your Home

    Changes in the Law on Lien Waivers

    Quick Note: Submitting Civil Remedy Notice

    It’s Getting Harder and Harder to be a Concrete Supplier in California

    Court of Appeals Finds Arbitration Provision Incorporated by Reference Unenforceable

    Construction Defect Scam Tied to Organized Crime?

    The Golden State Commits to Going Green – Why Contractors Will be in High Demand to Build the State’s Infrastructure

    The Shifting Sands of Alternative Dispute Resolution

    Retroactive Application of a Construction Subcontract Containing a Merger Clause? Florida’s Fifth District Court of Appeal Answers in the Affirmative

    Drafting or Negotiating A Subcontract–Questions To Consider

    Wisconsin Court of Appeals Re-affirms American Girl To Find Coverage for Damage Caused by Subcontractors

    Supreme Court Declines to Address CDC Eviction Moratorium

    A Loud Boom, But No Serious Injuries in World Trade Center Accident

    NARI Addresses Construction Defect Claim Issues for Remodeling Contractors

    New York Court Narrowly Interprets “Expected or Intended Injury” Exclusion in Win for Policyholder

    Consider Short-Term Lease Workouts For Commercial Tenants

    Demonstrating A Fraudulent Inducement Claim Or Defense

    Suit Against Broker for Securing Inadequate Coverage Dismissed on Statute of Limitations Grounds

    AECOM Out as General Contractor on $1.6B MSG Sphere in Las Vegas

    Limitations on the Ability to Withdraw and De-Annex Property from a Common Interest Community

    Evolving Climate Patterns and Extreme Weather Demand New Building Methods

    The Construction Project is Late—Allocation of Delay

    Building Supplier Sued for Late and Defective Building Materials

    Construction Defects Are Occurrences, Says South Carolina High Court

    Whose Lease Is It Anyway: Physical Occupancy Not Required in Landlord-Tenant Dispute
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    MECHANICAL ENGINEERING EXPERT WITNESS FORENSIC ARCHITECT EXPERT WITNESS BALDWIN FLORIDA FLORIDA FLORIDA CONSTRUCTION EXPERT WITNESS
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    The Mechanical engineering expert witness Forensic architect expert witness Baldwin Florida Florida, 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 Mechanical engineering expert witness Forensic architect expert witness Baldwin Florida Florida'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.

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    Hawaii Supreme Court Reaffirms an "Accident" Includes Reckless Conduct, Finds Green House Gases are Pollutants

    November 18, 2024 —
    Answering certified questions from the federal district court, the Hawaii Supreme Court reaffirmed its prior holding that reckless conduct is an "occurrence' or accident. The court further held that green house gas (GHG) emissions were pollutants under liability policies. Aloha Petroleum, Ltd. v. National Union Fire Ins. Co. of Pittsburg, PA., et al., 2024 Haw. LEXIS 179 (Haw. Oct. 7, 2024). [Disclosure - our office was co-counsel on an amicus brief in this case filed on behalf of the United Policyholders]. The City and County of Honolulu and the County of Maui sued several fossil fuel companies, including Aloha Petroleum, Ltd., for climate change-related harms. The suits alleged that the fossil fuel industry knew beginning in the 1960s that its products would cause catastrophic climate change. Rather than mitigate their emissions, defendants concealed their knowledge of climate change, promoted climate science denial, and increased their production of fossil fuels. Defendants' actions, the complaints alleged, increased carbon emissions, which caused significant damage to the counties. Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    Key Legal Issues to Consider Before and After Natural Disasters

    November 25, 2024 —
    While legal considerations are often the last thing on the minds of project owners and contractors during an emergency, construction industry stakeholders should bear in mind the impact of natural disasters on their legal rights, remedies and potential exposure to claims. For all stakeholders, two of the most pressing considerations are: (1) what provisions in their contracts are impacted by a natural disaster and (2) do they have any potential exposure to price-gouging claims? Reprinted courtesy of Patrick Kelly, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...
    Mr. Kelly may be contacted at pkelly@grayreed.com

    Congratulations 2024 DE, MA, MD, NJ, NY, and PA Super Lawyers and Rising Stars

    June 17, 2024 —

    White and Williams congratulates the fifteen attorneys nominated as Super Lawyers and ten attorneys named Rising Stars across our Delaware, Massachusetts, Maryland, New Jersey, New York and Philadelphia offices. Lawyers are selected through a process that takes into consideration peer recognition and professional achievement. The lawyers named to this year’s list represent a multitude of practices throughout the firm.

     Super Lawyers 2024

    Attorney

    Super Lawyers Denoted Practice Area (s)

     
    David B. Chaffin Business Litigation
    Robert G. Devine Personal Injury, Employment Litigation, Products Liability
    David D. Gilliss Surety, Construction Litigation, Administrative Law
    Read the full story...
    Reprinted courtesy of White and Williams LLP

    Peckar & Abramson Once Again Recognized Among Construction Executive’s “Top 50 Construction Law Firms™”

    July 02, 2024 —
    Peckar & Abramson, P.C. (P&A) is pleased to announce that it has once again been ranked among the top of Construction Executive’s (CE) “The Top 50 Construction Law Firms™.” P&A has been recognized in this manner since 2019, the inaugural year of the publication’s rankings. According to CE, its 2024 ranking was the result of a rigorous and comprehensive survey that invited numerous U.S. law firms with a construction practice to participate. The data collected focused on unique metrics such as the firm’s construction practice, number of attorneys and clients, and year of establishment. CE’s algorithm meticulously weighed these factors, among others, to determine the ranking, ensuring the credibility and accuracy of the recognition. Firm Chair Steven M. Charney commented, “We are honored to be recognized as one of Construction Executive’s “Top 50 Construction Law Firms.” This recognition serves as a resounding testament to our commitment to the construction industry and our team’s hard work and dedication. We remain committed to providing exceptional legal services to our clients and striving for excellence in all we do.” The complete rankings and profile are available here. Read the full story...
    Reprinted courtesy of Peckar & Abramson, P.C.

    Damage Control: Major Rebuilds After Major Weather Events

    October 21, 2024 —
    More than two feet of rain drenching Fort Lauderdale in a day, baseball-sized hail chunks falling on Minneapolis and the deadliest wildfire in more than a century destroying more than 2,100 acres of Maui—2023 was a stark reminder that Mother Nature is a force to be reckoned with. In total, $28 billion dollars’ worth of extreme weather and climate-related disasters ripped across the U.S. last year—a new record, according to the National Oceanic and Atmospheric Administration. And there’s no relief in sight: 2024 is already the second-busiest tornado season on the books, and wildfires were burning in Oregon, California, Montana and Texas as this issue went to print. Part of dealing with disasters is preparing for their impact to infrastructure, and Roland Orgeron Jr.—who co-founded New Orleans-based Legacy Industries with business partner Blake Couch in 2016—has been helping clients do just that. “We do a lot of consulting to identify vulnerabilities, and we offer action plans for companies based on potential storm scenarios,” Orgeron Jr. says. Some of those clients include large oil and gas companies with operations along the Mississippi River that cannot afford to be shut down for any extended period. “Before Hurricane Ida hit, we pre-positioned equipment inside some facilities, and we had guys responding the day after the storm to clear the area and assess the damage,” Orgeron Jr. says. During the immediate response to Hurricane Ida in 2021, the company’s work involved more than keeping the business locations up and running; they needed to help a business’ employees find a place to live. “We have a home stabilization contract with one oil and gas company designed to make sure their employees can get back to work as comfortably and quickly as possible,” Orgeron Jr. says. Reprinted courtesy of David McMillin, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

    What You Need to Know to Protect the Project Against Defect Claims

    October 28, 2024 —
    If a property owner claims there is a construction defect, that not only brings the project’s integrity into question but also your business’s reputation. So, how can you take steps to prevent these claims from causing such damage? Here are three things to know before beginning a project to effectively protect it and manage construction defect claims. 1. Documentation is key California and Los Angeles County require certain permits and documents in order for a construction project to move forward. Los Angeles County will also conduct plan checks to ensure everything is up to code. Detailed documentation will be important while making your plans. However, keeping notes throughout every step of the project will also be essential. Documenting all aspects of the project helps you:
    • Stay updated and aware of the project’s progress
    • Proactively catch and handle issues that could result in disputes
    • Create a record of evidence that can help manage defect claims
    Read the full story...
    Reprinted courtesy of Scott L. Baker, Baker & Associates
    Mr. Baker may be contacted at slb@bakerslaw.com

    Flushing Away Liability: What the Aqua Engineering Case Means for Contractors and Subcontractors

    October 21, 2024 —
    The recent Town of Mancos v. Aqua Engineering case is an insightful example of how well written contracts and timely legal action can make all the difference in resolving disputes between municipalities, general contractors, and subcontractors. The ruling favored Aqua Engineering; a subcontractor that played a role in a wastewater treatment facility project gone wrong. The court’s decision highlighted key legal principles, including the economic loss rule and the importance of well-structured contracts in construction disputes. Whether you are a subcontractor looking to avoid undue liability or a general contractor seeking to ensure subcontractors shoulder their fair portion of responsibility, this case offers valuable lessons for all parties involved in construction projects. The Background: A Wastewater Project with Issues In 2008, the Town of Mancos, Colorado, hired Souder, Miller & Associates (“SMA”) to design a new wastewater treatment facility. SMA subcontracted Aqua Engineering to help implement a specific wastewater treatment system known as the Multi-Stage Activated Biological Process (“MSABP”). However, after construction, the facility never worked as expected. For years, the Town faced ongoing issues, and despite Aqua’s involvement in attempts to fix the problems, the facility remained dysfunctional. Read the full story...
    Reprinted courtesy of Higgins, Hopkins, McLain & Roswell, LLC

    Newport Beach Partners Jeremy Johnson, Courtney Serrato, and Associate Joseph Real Prevailed on a Demurrer in a Highly Publicized Shooting Case!

    November 11, 2024 —
    Bremer Whyte Brown & O’Meara’s Partners Jeremy Johnson, Courtney Serrato, and Associate Joseph Real prevailed on a Demurrer in a highly publicized shooting case. Plaintiffs filed a lawsuit alleging negligence, negligent hiring, supervision and retention, and public nuisance against BWB&O’s clients, a highly recognized hospitality and lifestyle company with nightlife and restaurant venues, in addition to other celebrity defendants. Plaintiffs were the victims of a shooting that occurred by an unknown individual(s) outside and near the restaurant/venue owned by BWB&O’s clients. Plaintiffs alleged it was BWB&O’s clients that were responsible for the third parties’ criminal acts because BWB&O’s clients attracted more people than the venue’s capacity, causing people to occupy the street, sidewalk, and property nearby. Plaintiffs further alleged that BWB&O’s client should have anticipated or known that criminal conduct, including gun violence, would take place. Read the full story...
    Reprinted courtesy of Dolores Montoya, Bremer Whyte Brown & O'Meara LLP