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    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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    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

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

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

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    House Passes $25B Water Resources Development Bill

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    The Plaster expert witness Forensic architect expert witness Baldwin Florida Florida reconstruction expert witness testifying consultant Florida, Florida Expert Witness Engineer 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 Plaster expert witness Forensic architect expert witness Baldwin Florida Florida reconstruction expert witness testifying consultant 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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    Construction Robotics: The Sentiment-Implementation Gap

    August 18, 2025 —
    Construction professionals are increasingly optimistic about robotics in their companies, according to BuiltWorlds’ just-released 2025 Equipment & Robotics Benchmarking Report. But while the mood is upbeat, actual implementation still lags in some areas. This raises important questions about the path from experimentation to standard practice. A Stronger Appetite for Robotic Innovation BuiltWorlds surveyed a diverse group of construction firms, including general contractors, specialty trades, and subcontractors, with annual revenues ranging from $2 million to $5 billion. This year’s data reveals a significant shift in how companies perceive their internal robotics initiatives. Negative attitudes have dropped significantly. In fact, not a single respondent rated their company’s robotics strategy as “poor,” compared to over 7% last year. Meanwhile, positive evaluations have surged: 95% of respondents now describe their organization’s efforts as “good” or better, up from 74% in 2024. “Excellent” ratings alone increased by nearly 10 percentage points. Read the full story...
    Reprinted courtesy of Aarni Heiskanen, AEC Business
    Mr. Heiskanen may be contacted at aec-business@aepartners.fi

    Government Claiming Contract Is Void Ab Initio by Contractor Knowingly Making False Statements

    January 06, 2026 —
    Can the federal government declare a contract “void ab initio” or void from the beginning? Yes, if the government can “prove that the contractor (a) obtained the contract by (b) knowingly (c) making a false statement.” MLB Transportation v. U.S., 2025 WL 2962897, *8 (Fed.Cl. 2025) (citation omitted).
    Where a contractor “obtained [a] contract by knowingly falsely stating that it was a small business … [the] government contract [is] tainted from its inception by fraud [and] is void ab initio.” The general rule that “a Government contract tainted by fraud or wrong-doing is void ab initio … protects the integrity of the federal contracting process and safeguards the public from undetectable threats to the public fisc.” A contract found to be void ab initio has “no legal effect,” and is “[n]ull from the beginning, as from the first moment when a contract is entered into.”
    MLB Transportation, supra (citations omitted).
    Read the full story...
    Reprinted courtesy of David Adelstein, Kirwin Norris
    Mr. Adelstein may be contacted at dma@kirwinnorris.com

    Subrogation Insight: Expert Testimony Admissible Despite Post-Loss Repairs

    December 30, 2025 —
    In Ghaznavi v. Arby Constr., Inc., No. 14-24-00213-CV, 2025 Tex. App. LEXIS 839, the Court of Appeals of Texas (Court of Appeals) considered whether the trial court properly excluded the plaintiffs’, Kambiz Moavenzadeh Ghaznavi and Anahita Nokkonejad (collectively, the Ghaznavis), liability expert. The case arose from a fire at the Ghaznavis’ residence. The trial court held that because the Ghaznavis’ expert did not physically inspect certain fire damaged areas before they were repaired, the expert’s testimony was unreliable and thus inadmissible. The Court of Appeals reversed the lower court’s ruling, finding that the expert’s review of photographs of the repaired areas and his testimony explaining his opinions were sufficient to survive summary judgment. In this case, the Ghaznavis’ hired the defendant, Arby Construction Inc. d/b/a National Residential Services (Arby Constr.), to install new tiling in a corridor inside their home. The corridor was adjacent to the garage. While Arby Constr. was performing the work, the Ghaznavis asked the defendant to fix an outlet inside the garage that was not working. Arby Constr. installed a new wire that connected the outlet to the garage door opener at the ceiling of the garage. Less than 2 months later, a fire occurred in the garage area. The fire marshal placed the origin of the fire in the ceiling of the corridor adjacent to the garage. The fire marshal’s report stated that “faulty wiring in the corridor behind the garage” caused the fire. Read the full story...
    Reprinted courtesy of Gus Sara, White and Williams
    Mr. Sara may be contacted at sarag@whiteandwilliams.com

    Second Circuit Revives Policyholder’s Negligence Claim Against Agent

    December 08, 2025 —
    From insurance agents and wholesalers to risk consultants and policyholders, there are many parties involved in commercial insurance transactions. While each has an important part to play, the policyholder-agent relationship is particularly important to ensure both sides understand their respective roles and obligations when an agent assists in obtaining coverage. The Second Circuit Court of Appeals recently provided important guidance under New York law about the scope of an insurance agent’s responsibilities, particularly when an agent, at a policyholder’s request, expressly takes on tasks beyond simply procuring coverage. The decision underscores that an agent’s obligations can extend beyond standard procurement duties by express agreement, though the outcome could differ under the law of another jurisdiction. Reprinted courtesy of Latosha M. Ellis, Hunton Andrews Kurth LLP, Geoffrey B. Fehling, Hunton Andrews Kurth LLP and Yosef Itkin, Hunton Andrews Kurth LLP Ms. Ellis may be contacted at lellis@hunton.com Mr. Fehling may be contacted at gfehling@hunton.com Mr. Itkin may be contacted at yitkin@hunton.com Read the full story...

    BWB&O’s LA Team Secures a Defense Victory for General Contractor Client in Riverside Superior Court!

    January 13, 2026 —
    Congratulations to Woodland Hills Partner Daniel Crespo and Associate Lauren Landau for securing a defense victory on behalf of one of our general contractor clients! The Riverside Superior Court granted summary judgment in favor of our client, finding the plaintiff’s core allegation was flatly contradicted by video evidence. The Court held that surveillance footage conclusively showed the minor did not fall into an “open trench” as alleged, but instead fell after voluntarily jumping over a temporary construction fence stabilizer. Read the full story...
    Reprinted courtesy of Dolores Montoya, Bremer Whyte Brown & O'Meara LLP

    Segal McCambridge Expands West Coast Presence with the Addition of 36 Attorneys from Chapman Glucksman to Los Angeles Office

    September 08, 2025 —
    Los Angeles, CA, September 2, 2025 - Segal McCambridge is pleased to announce its continued expansion on the West Coast with the addition of 36 attorneys from Chapman Glucksman, who will join the firm's Los Angeles office. The joinder of Chapman Glucksman attorneys will expand Segal McCambridge's high-stakes litigation experience, enabling the firm to continue serving its growing base of clients on the West Coast. This move reflects Segal McCambridge's long-term commitment to building a national platform with strong local roots to provide clients with creative, strategic advice and battle-tested trial experience. "We're proud to continue our strategic expansion with the growth of our West Coast team," said Jason Eckerly, Managing Shareholder of the firm. "This move reflects both the strength of our client relationships and our commitment to building a presence in key markets where our services are in high demand. As our firm continues to grow locally and nationally, we remain focused on maintaining the high standard of excellence and responsiveness our clients expect - now with an even deeper bench and regional capabilities, building on Chapman Glucksman's decades of experience and respected brand in the California market." As part of the firm's strategic growth efforts, the Los Angeles office, located at 11900 West Olympic Boulevard, Los Angeles, California 90064, will continue to see expansion throughout 2025 and beyond. "Our team of highly experienced litigators and attorneys is excited to join a firm with a strong track record of helping companies and individuals with complex litigation and business challenges," said Chapman Glucksman co-founder Richard H. Glucksman. "Segal McCambridge is known for being a trusted partner and advisor for its effective strategies that help clients achieve their objectives, so it is a natural fit for our team to join forces with this firm." Chapman Glucksman, after more than 40 years in business, sought to align its strengths with a larger firm offering a national footprint, broader practice capabilities, and enhanced resources. Through this combination, Chapman Glucksman's clients will continue to benefit from Segal McCambridge's commitment to delivering the highest quality legal services and serving as a trusted advisor and partner across the United States. We are also grateful to Larry Gennaro of Gennaro Potratz, whose guidance and expertise were instrumental in bringing this expansion to fruition. His thoughtful approach and industry insight helped align both firms' goals and ensure a smooth transition. About Segal McCambridge Segal McCambridge has built a reputation as a national law firm of accomplished trial attorneys for almost four decades. Founded in 1986, the firm has grown from a four-lawyer shop in Chicago to a firm with 18 offices nationwide. The firm routinely counsels and defends clients, including Fortune 500 companies, corporations, and individuals, across the United States in complex litigation matters including, but not limited to, asbestos, class action, construction, employment, environmental, food and beverage, insurance coverage and bad faith, life sciences, product liability, professional liability, technology and cyber risk, transportation, and warranty. For more information, visit: www.segalmccambridge.com.

    Ball Janik LLP Welcomes Construction Defect Associate Miguel Bonnelly as Orlando Office Continues to Grow

    December 15, 2025 —
    ORLANDO, FL – Ball Janik LLP is pleased to welcome Associate Miguel Bonnelly to the firm’s Construction Defect Practice Group in the Orlando office. Bonnelly brings experience from a leading nationwide personal injury law firm, where he represented homeowners and homeowners’ associations (HOAs) and businesses in complex construction matters. From construction defect matters to drafting Chapter 558 notices and conducting hearings, inspections, depositions, mediations, and settlements, Bonnelly is savvy in providing effective solutions for clients’ needs. “We’re pleased to welcome Miguel to the firm,” said James C. Prichard, Managing Partner of Ball Janik LLP. “His experience representing homeowners in complex construction matters is a perfect match for our firm, and we are eager for his thoughtful, results-driven counsel that will make a difference for our clients.” Bonnelly is fluent in both English and Spanish, creating greater accessibility for firm clients. He received his law degree from the University of Florida Levin College of Law and his bachelor’s degree from the University of Central Florida in legal studies, where he had the highest overall GPA. While in law school, he served as a legal intern at a boutique law firm with a focus on real property disputes, estate administration, and breach of contract claims, and at Community Legal Services of Mid Florida, providing civil aid in the housing unit throughout central Florida. “I’m excited to be joining a firm with such talented professionals and resources that make a profound difference for clients,” said Bonnelly. “The firm’s focus on collaboration and track record for excellence and results make this an ideal opportunity for the next chapter of my legal career.” About Ball Janik LLP Ball Janik LLP is a Florida-based law firm offering construction defect, construction law, insurance recovery, and commercial litigation counsel to its local and national clients. The firm was founded in 1982 and has expanded its capabilities, professionals, and geographic footprint. What started as a small firm focused on real property, land use, and litigation (known then as Ball Janik & Novack) has grown to a team of 50-plus attorneys and paralegals in 5 offices in Florida, with centuries of combined experience and capabilities. The firm has been recognized by Chambers USA, U.S. News & World Report and Best Lawyers®, The Best Lawyers in America©, and Corporate International. Read more here: https://www.balljanik.com/.

    Civil Megaprojects: The Evolving Use of Dispute Prevention and Collaborative Delivery Methods in Public Contracting

    January 13, 2026 —
    Civil megaprojects are large, complex ventures in civil engineering and construction that typically cost over $1 billion to construct. These projects generally have significant and long-lasting impacts on the economy, environment and society, and involve multiple public and private stakeholders. Typical civil megaprojects include infrastructure projects, such as highways, bridges, tunnels, airports, dams, power plants and public buildings, which require extensive planning, design, coordination and construction over an extended period of time. In the United States, there is over $500 billion worth of civil megaprojects in the pipeline, with an average of four megaprojects per month in 2024 and a total monthly value of $9.2 billion.[i] Here are some recent examples of civil megaprojects: The Hudson Tunnel Project (a portion of the Gateway Program), under construction in the states of New York and New Jersey, involves the construction of two new tunnels and the renovation of aging rail tunnels used by Amtrak and New Jersey Transit that were damaged by Superstorm Sandy along the Northeast Corridor. This has been deemed one of the most important infrastructure projects in the country. It is projected to be completed in 2027 at a cost of over $16 billion.[ii] Read the full story...
    Reprinted courtesy of Lisa D. Love, JAMS