Roofing expert expert witness Forensic architect expert witness Baldwin Florida Florida Florida Expert Witness Engineer Directory

Admissions In Answers to Construction Lawsuits Matter

May 19, 2025 — David Adelstein - Florida Construction Legal Updates
Ogden v. Defelice, 50 Fla.L.Weekly D937d (Fla. 5th DCA 2025), is a construction case that doesn’t talk about construction issues. Go figure. Nonetheless, it does touch upon two worthy considerations: (i) admissions in answers to lawsuits; and (ii) fictitious names. Both issues apply to construction disputes. In this case, plaintiff sued a person d/b/a (doing business as) a fictitious company that focuses on kitchen countertops. After an amended complaint, the person filed an answer to the lawsuit that admitted the allegation regarding him doing business as a fictitious company. The case proceeded to a bench trial and the person got a judgment entered against him. The person later tried to vacate the judgment arguing that the judgment never should have been entered against him, but another company. This argument was rejected: Admissions in pleadings “are accepted as facts without the necessity of supporting evidence. Phrased differently, a pleading admission has “ ‘the effect of withdrawing a fact from contention.’” It “release[s] the opposing party from its burden to prove” that fact. Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
Mr. Adelstein may be contacted at dma@kirwinnorris.com

Summary Judgment for Insurer on Construction Defect Claim Reversed

January 07, 2025 — Tred R. Eyerly - Insurance Law Hawaii
The Fifth Circuit reversed the district court's granting of summary judgment to the insurer on a construction defect claim asserted against the insured. TIG Ins. Co. v. Woodsboro Farmers Cooperative, 2024 U.S. App. LEXIS 24003 (5th Cir. Sept. 20, 2024). In March 2013, Woodsboro Farmers Cooperative contracted with E.F. Erwin, Inc. to construct two Brock 105' diameter grain silos. Erwin hired subcontract AJ Constructors, Inc. (AJC) to construct the silos. Erwin was responsible for supervising the work. Brock silos were kits shipped by the manufacturer and then assembled according to the manufacturer's manuals and specifications. The silos are constructed section by section. AJC began erecting the silos in May 2013 and completed its work in June or early July. Erwin occasionally inspected the work and found the silos were structurally sound and not defective. AJC left the job site after completing the assembly. Read the full story...
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

Green Builder Media Releases 2025 Sustainable Brand Index Results

June 02, 2025 — Green Builder Media
Lake City, Colo., May 19, 2025 (GLOBE NEWSWIRE) -- Green Builder Media is proud to announce the results of the 2025 Sustainable Brand Index, an annual benchmark that identifies the most recognized, trusted, and sustainability-driven companies in the residential construction sector. Now in its 11th year, the Sustainable Brand Index provides critical insights for builders, architects, and specifiers looking to align their product choices with performance and sustainability goals. It also offers a roadmap for manufacturers aiming to improve market perception and trust. The Index evaluates brand performance using a unique methodology that blends three weighted factors:

Brand Recognition – Frequency of positive mentions by industry professionals and consumers.
Perceived Sustainability – How readers rate a company's environmental performance.
Public Sentiment – How favorably a brand is viewed by the public.

To explore the full 2025 Sustainable Brand Index, visit: https://www.greenbuildermedia.com/blog/2025-sustainable-brand-index About Green Builder Media Green Builder Media is North America's leading media company focused on green building and sustainable living content. With a comprehensive suite of content marketing, digital, social, and print media options, high-profile demonstration projects, market intelligence, data services, and live events, Green Builder Media offers a blend of visionary and practical information covering a broad spectrum of topics, including decarbonization, electrification, smart home technologies, energy efficiency, intelligent water, indoor air quality, resilient housing, renewables, and clean transportation.

Michigan Bid-Rig Plea Lands Former Asphalt Paving Executive in Prison

May 06, 2025 — Elaine Silver - Engineering News-Record
A federal judge has sentenced one of several people charged in a Michigan asphalt paving price-fixing scheme to prison. Read the full story...
Reprinted courtesy of Elaine Silver, Engineering News-Record

President Trump Announces New Steel Tariffs

June 09, 2025 — Lewis Brisbois Newsroom
Los Angeles, Calif. (June 2, 2025) - At a rally in Pennsylvania on May 30, 2025, President Donald Trump announced that his administration would soon double the tariff on imported steel from 25 percent to 50 percent. President Trump initially imposed steel tariffs during his first administration pursuant to Section 232 of the Trade Expansion Act of 1962 (“Section 232”). In February 2025, President Trump issued a Proclamation extending these tariffs under Section 232. President Trump has yet to issue an Executive Order or Proclamation concerning the newly announced doubled steel tariffs, although he will almost certainly do so within the next few days. The legal source of these new tariffs is not yet clear, though it will likely be Section 232, since the Trump Administration recently indicated it will rely on sources other than the International Emergency Economic Powers Act of 1977 after recent court decisions striking tariffs issued under that statute which are presently under appeal. You can read Lewis Brisbois’ summary of those court decisions here. Read the full story...
Reprinted courtesy of Lewis Brisbois

Keep an Eye Out on What Your Insurance Policy and Contract Says

February 19, 2025 — David Adelstein - Florida Construction Legal Updates
There is a very good reason the contract requires the party providing a service (e.g., subcontractor) to name the paying party (e.g., general contractor) as an additional insured under its liability policies (e.g., CGL policy) on a primary and non-contributory basis. There is also a very good reason why you, as an insured, should read the contracts you sign with the party providing a service for you. In other words, keep an eye out on what your insurance policy says and what your contract says! This is an ABSOLUTE!! If you want to know the good reasons, look no further to the recent case of Colony Insurance Co. v. Titan Restoration Construction, Inc., 2025 WL 45160 (Fla. 4th DCA 2025). In this case, a general contractor’s CGL policy contained an endorsement that stated there would be no coverage UNLESS the general and subcontractor executed an agreement containing, “A requirement for the [subcontractor] to name the insured [general contractor] as an additional insured under their Commercial General Liability policy on a primary and non-contributory basis in favor of the insured [general contractor].” Colony Insurance, supra. The general contractor hired a roofing subcontractor. There was no requirement for the roofing subcontractor to name the general contractor as an additional insured on a primary and noncontributory basis. Also, the proposal the general contractor signed contained a disclaimer from the roofing subcontractor that the subcontractor “will not be held responsible for water damage to the exterior or the interior of the premises.” Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
Mr. Adelstein may be contacted at dma@kirwinnorris.com

FEMA Offers Recovery Tips for California Wildfire Survivors

January 14, 2025 — FEMA
WASHINGTON -- While fire suppression activities are still ongoing in parts of Southern California, affected individuals and families are taking steps toward recovery. FEMA is helping people jumpstart their recovery. You may be eligible for FEMA assistance, even if you have insurance. More than $5.3 million so far are in the hands of survivors to help pay for emergency supplies like food, water and baby formula as well as to replace personal property and pay for a temporary place to stay. Below are tips to help Californians recover from the historic wildfires. If your primary home was affected by the fires, FEMA may be able to help you cover certain costs – like paying for essential items, finding a place to stay, replacing personal property or making basic repairs to your home. However, FEMA assistance is designed to help you if you do not have insurance or if your insurance policies don't cover basic needs. If you have insurance, you should file a claim as soon as possible and be ready to provide your coverage information when applying to FEMA. There are several ways to apply for FEMA assistance:

Online at DisasterAssistance.gov and in Spanish language at DisasterAssistance.gov/es.
Calling the FEMA Helpline at 1-800-621-3362 for assistance in multiple languages.
On the FEMA App for mobile devices.

To view an accessible video about how to apply visit: FEMA Accessible: Registering for Individual Assistance or en Español.

Top Developments - 2025, Issue 1

April 08, 2025 — John Anooshian, Paul Briganti, Gianna Martorano, Alison Bennett, Robert Drummond, Jeremy Koepf, Morgan Liptak - The Complex Insurance Coverage Reporter
MOLD EXCLUSION American Guar. & Liab. Ins. Co. v. Victory Highlands Condo. Assoc’n, 2024 N.J. Super. Unpub. LEXIS 3128 (N.J. Super. Ct., App. Div., Dec. 26, 2024) New Jersey appeals court concludes that claims by a condominium resident alleging injury from indoor exposure to mold did not fall within a “consumption” exception to mold exclusions* in CGL policies where the resident demonstrated only that mold was present on his food and not that he was injured by eating mold on the food. It reasoned that, if the resident needed to prove only that there was mold on his food, and not that he was injured by eating the mold, “the exception [would] swallow the exclusion.” The court further determined that, although the exclusions in certain policies did not include anti-concurrent causation clauses, they were not subject to the efficient proximate cause doctrine** because, under their unambiguous language, “it is irrelevant how the mold came to exist; rather, it matters only whether the mold is the direct or indirect cause of the alleged damages.” Because the exclusions barred coverage, the court found it unnecessary to review the lower court’s determination that the resident’s claims were subject to the “first manifestation trigger” rather than the “continuous trigger.” Reprinted courtesy of John S. Anooshian, White and Williams LLP, Paul A. Briganti, White and Williams LLP, Gianna Martorano, White and Williams LLP, Alison Bennett, White and Williams LLP, Robert Drummond, White and Williams LLP, Jeremy J. Koepf, White and Williams LLP and Morgan Liptak, White and Williams LLP Mr. Anooshian may be contacted at anooshianj@whiteandwilliams.com Mr. Briganti may be contacted at brigantip@whiteandwilliams.com Ms. Martorano may be contacted at martoranog@whiteandwilliams.com Ms. Bennett may be contacted at bennettal@whiteandwilliams.com Mr. Drummond may be contacted at drummondr@whiteandwilliams.com Ms. Liptak may be contacted at liptakm@whiteandwilliams.com Read the full story...

ROOFING EXPERT EXPERT WITNESS FORENSIC ARCHITECT EXPERT WITNESS BALDWIN FLORIDA FLORIDA FLORIDA CONSTRUCTION EXPERT WITNESS DIRECTORY AND CAPABILITIES