BERT HOWE
  • Nationwide: (800) 482-1822    
    production housing expert witness Cedar Grove Florida multi family housing expert witness Cedar Grove Florida office building expert witness Cedar Grove Florida custom homes expert witness Cedar Grove Florida custom home expert witness Cedar Grove Florida parking structure expert witness Cedar Grove Florida hospital construction expert witness Cedar Grove Florida high-rise construction expert witness Cedar Grove Florida tract home expert witness Cedar Grove Florida Subterranean parking expert witness Cedar Grove Florida institutional building expert witness Cedar Grove Florida townhome construction expert witness Cedar Grove Florida condominiums expert witness Cedar Grove Florida landscaping construction expert witness Cedar Grove Florida retail construction expert witness Cedar Grove Florida structural steel construction expert witness Cedar Grove Florida industrial building expert witness Cedar Grove Florida mid-rise construction expert witness Cedar Grove Florida condominium expert witness Cedar Grove Florida housing expert witness Cedar Grove Florida casino resort expert witness Cedar Grove Florida concrete tilt-up expert witness Cedar Grove Florida
    Cedar Grove Florida construction expert witnessCedar Grove Florida building code expert witnessCedar Grove Florida forensic architectCedar Grove Florida stucco expert witnessCedar Grove Florida building envelope expert witnessCedar Grove Florida eifs expert witnessCedar Grove Florida construction code expert witness
    Arrange No Cost Consultation
    Construction Expert Witness Builders Information
    Cedar Grove, 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 Cedar Grove 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

    Cedar Grove Florida Construction Expert Witness 10/ 10

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

    Cedar Grove Florida Construction Expert Witness 10/ 10

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

    Cedar Grove Florida Construction Expert Witness 10/ 10

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

    Cedar Grove Florida Construction Expert Witness 10/ 10

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

    Cedar Grove Florida Construction Expert Witness 10/ 10

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

    Cedar Grove Florida Construction Expert Witness 10/ 10

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

    Cedar Grove Florida Construction Expert Witness 10/ 10


    Construction Expert Witness News and Information
    For Cedar Grove Florida


    National Demand Increases for Apartments, Refuting Calls for Construction Defect Immunity in Colorado

    Noteworthy Construction Defect Cases for 1st Qtr 2014

    Following My Own Advice

    The Fair Share Act Impacts the Strategic Planning of a Jury Trial

    Surety Bond Producers Keep Eye Out For Illegal Waivers

    Update Relating to SB891 and Bond Claim Waivers

    Building the Secondary Market for Reclaimed Building Materials

    Governor Signs Permit Extension Bill Extending Permit Deadlines to One Year

    Insurer Not Entitled to Summary Judgment Based Upon Vandalism Exclusion

    CC&Rs Not the Place for Arbitration Agreement, Court Rules

    Health Care Construction Requires Compassion, Attention to Detail and Flexibility

    Free Texas MCLE Seminar at BHA Houston June 13th

    How to Prepare for Potential Construction Disputes Resulting From COVID-19

    Anatomy of a Construction Dispute- An Alternative

    Judge Tells DOL to Cork its Pistol as New Overtime Rule is Blocked

    Jinx: Third Circuit Rules in Favor of Teamsters in Withdrawal Case

    Ahead of the Storm: Preparing for Dorian

    Arctic Roads and Runways Face the Prospect of Rapid Decline

    Vancouver’s George Massey Tunnel Replacement May Now be a Tunnel Instead of a Bridge

    Canada’s Largest Homebuilder Sets U.S. Growth Plan

    Insurer Sued for Altering Policies after Claim

    Identifying and Accessing Coverage in Complex Construction Claims

    After Fatal House Explosion, Colorado Seeks New Pipeline Regulations

    Florida Court Gives Parties Assigned a Subrogation Claim a Math Lesson

    Growing Optimism Among Home Builders

    Are You a Construction Lienor?

    The Little Ice Age and Delay Claims

    How Are You Dealing with Material Delays / Supply Chain Impacts?

    I.M. Pei, Architect Who Designed Louvre Pyramid, Dies at 102

    Home Prices in 20 U.S. Cities Increased 5% in Year to June

    The Privilege Is All Mine: California Appellate Court Finds Law Firm Holds Attorney Work Product Privilege Applicable to Documents Created by Formerly Employed Attorney

    As Florence Eyes East Coast, Are You Looking At Your Insurance?

    How Many Homes have Energy-Efficient Appliances?

    Duty to Defend Negligent Misrepresentation Claim

    Don’t Get Caught Holding the Bag: Hold the State Liable When General Contractor Fails to Pay on a Public Project.

    More Charges Anticipated in Las Vegas HOA Scam

    25 Days After Explosion, Another Utility Shuts Off Gas in Boston Area

    Haight Welcomes Robert S. Rucci

    Housing Bill Threatened by Rift on Help for Disadvantaged

    DC Metro Extension’s Precast Supplier Banned from Federal Contracts

    COVID-19 Business Interruption Lawsuits Begin: Iconic Oceana Grill in New Orleans Files Insurance Coverage Lawsuit

    Is it the End of the Story for Redevelopment in California?

    Builders Association Seeks to Cut Down Grassroots Green Building Program (Guest Post)

    Steps to Curb Construction Defect Actions for Homebuilders

    Construction Down in Twin Cities Area

    Construction Lien Needs to Be Recorded Within 90 Days from Lienor’s Final Furnishing

    Is Your Business Insured for the Coronavirus?

    Matthew Graham Named to Best Lawyers in America

    Official Tried to Influence Judge against Shortchanged Subcontractor

    Business Risk Exclusions Bar Faulty Workmanship Claim
    Corporate Profile

    CEDAR GROVE FLORIDA CONSTRUCTION EXPERT WITNESS
    DIRECTORY AND CAPABILITIES

    The Cedar Grove, 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 Cedar Grove'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
    Cedar Grove, Florida

    New York Assembly Reconsiders ‘Bad Faith’ Bill

    May 31, 2021 —
    The New York State Assembly is considering A07285, which creates a private right of action for bad faith “if the insurer unreasonably refuses to pay or unreasonably delays payment without substantial justification.” The bill was first introduced in 2013 but was reintroduced on May 3, 2021 and has received some recent attention. According to the bill, an insurer acts unreasonably when it (among other things):
    1. Fails to provide the claimant with accurate information regarding policy provisions relating to the coverage at issue; or
    2. Fails to effectuate in good faith a prompt, fair, and equitable settlement of a claim or portion of a claim and where the insurer failed to reasonably accord at least equal or more favorable consideration to its insured's interests as it did to its own interests, and thereby exposed the insured to a judgment in excess of the policy limits or caused other damage to a claimant; or
    3. Fails to provide a timely written denial of a claimant's claim, or portion thereof, with a full and complete explanation of such denial, including references to specific policy provisions wherever possible; or
    4. Fails to act in good faith by compelling such claimant to initiate a lawsuit to recover under the policy by offering substantially less than the amounts ultimately recovered in such suit; or
    5. Fails to timely provide, on request of the policy holder or the policy holder's representative, all reports or other documentation arising from the investigation of a claim; or
    6. Refuses to pay a claim without conducting a reasonable investigation prior to such refusal.
    Reprinted courtesy of Copernicus T. Gaza, Traub Lieberman, Robert S. Nobel, Traub Lieberman, Craig Rokuson, Traub Lieberman and Eric D. Suben, Traub Lieberman Mr. Gaza may be contacted at cgaza@tlsslaw.com Mr. Nobel may be contacted at rnobel@tlsslaw.com Mr. Rokuson may be contacted at crokuson@tlsslaw.com Mr. Suben may be contacted at esuben@tlsslaw.com Read the court decision
    Read the full story...
    Reprinted courtesy of

    Cybersecurity "Flash" Warning for Construction and Manufacturing Businesses

    April 26, 2021 —
    The FBI recently released its 2020 Internet Crime Report (Report), which details and analyzes complaints received through the FBI’s Internet Crime Complaint Center (IC3). In 2020, IC3 received a record number of complaints – nearly 800,000, with reported losses in excess of $4.1 billion. Companies must acknowledge that cybercrime is a real, dangerous threat to their business, and understand how, and why, these threats continue to escalate. At a minimum, businesses should take several proactive steps to protect themselves. What is IC3? IC3 is an online platform hosted by the FBI, which exists to provide the public with a trusted place to report cybercrime to the FBI. Since its inception in 2000, the IC3 has received 5.6 million complaints, and has averaged approximately 440,000 complaints over each of the last five years. The complaint figure for 2020 is nearly double that average. Read the court decision
    Read the full story...
    Reprinted courtesy of Jeffrey M. Dennis, Newmeyer Dillion
    Mr. Dennis may be contacted at jeff.dennis@ndlf.com

    Comply with your Insurance Policy's Conditions Precedent (Post-Loss Obligations)

    May 31, 2021 —
    I am of the opinion that if your property insurer requests a sworn proof of loss, furnish one with the assistance of counsel (preferably). Ignoring the insurer’s request or refusing to comply with insurer’s request is NOT value-added; it is simply placing you at a disadvantage based on the insurer’s argument that you, as the insured, materially breached the policy. I generally find no value having to confront this expected argument. Instead, I find value making an effort to comply with post-loss obligations including the insurer’s request to submit a sworn proof of loss. Working with counsel can help you comply with post-loss obligations (conditions precedent) while not weakening the value or merits of your claim. By way of example, in Edwards v. Safepoint Ins. Co., 46 Fla. L. Weekly D1086a (Fla. 4th DCA 2021), the insured did not provide its property insurer with the requested sworn proof of loss. The insurer moved for summary judgment that the insured’s failure to submit the sworn proof of loss was a material breach of the policy that rendered the policy ineffective. The trial court agreed and granted summary judgment. The Fourth District Court of Appeal affirmed explaining “[a] total failure to comply with policy provisions made a prerequisite to suit under the policy may constitute a breach precluding recovery from the insurer as a matter of law. If, however, the insured cooperates to some degree or provides an explanation for its noncompliance, a fact question is presented for resolution by a jury.” Edwards, supra, quoting Haiman v. Federal Ins. Co., 798 So.2d 811, 812 (Fla. 4th DCA 2001). Read the court decision
    Read the full story...
    Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
    Mr. Adelstein may be contacted at dma@kirwinnorris.com

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

    September 20, 2021 —
    The trial court's finding of no occurrence and no property damage due to faulty workmanship was reversed by the appellate court. No. 5 Walworth v. Engerman Contracting, Inc., 2021 Wis. App. LEXIS 401 (Wis. Ct. App, July 30, 2021). Engerman was the general contractor on a construction project at a residence. Engerman was hired to build a poll complex. Engerman subcontracted the project to Downes Swimming Pool Co., Inc. Downes purchased shotcrete (sprayed concrete) from Otto Jacobs Company LLC for the swimming poll walls and base. After completion, the pool immediately began leaking. An investigation determined that the shotcrete material was not installed correctly, contributing to cracking in the pool walls and the steel reinforcing bars were not sufficient to prevent cracks in the pool walls. The owner demolished the pool and constructed a new one. Thereafter, the owner sued Engerman, its insurers (General Casualty Company of Wisconsin and West Bend Mutual Insurance Company) and Downes and its insurer. Downes filed a third-party complaint against Jacobs and its insurer (Acuity Mutual Insurance Company) alleging Jacobs negligently provided inferior shotcrete to Downes. Read the court decision
    Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    Design Immunity Does Not Shield Public Entity From Claim That it Failed to Warn of a Dangerous Condition

    May 17, 2021 —
    Readers of this blog are familiar with the concept of the design immunity defense. Codified at Government Code section 830.6, it provides in pertinent that a public entity is not liable for an injury caused by a plan or design of a public improvement where the plan or design has been “approved in advance . . . by the legislative body of the public entity or by some other body or employee exercising discretionary authority to give such approval or where such plan or design is prepared in conformity with standards previously so approved” if the trial or appellate court finds that there “is any substantial evidence upon the basis of which (a) a reasonable public employee could have adopted the plan or design or the standards therefor or (b) a reasonable legislative body or other body or employee could have approved the plan or design or the standards therefor.” In the next case, Tansavatdi v. City of Rancho Palos Verdes, Case No. B293670 (January 29, 2021), the 2nd District Court of Appeal examined whether the design immunity defense also serves as a defense to a claim that a public entity has a duty to warn of a dangerous condition on public property. Read the court decision
    Read the full story...
    Reprinted courtesy of Garret Murai, Nomos LLP
    Mr. Murai may be contacted at gmurai@nomosllp.com

    Search in Florida Collapse to Take Weeks; Deaths Reach 90

    July 25, 2021 —
    Authorities searching for victims of a deadly collapse in Florida said Sunday they hope to conclude their painstaking work in the coming weeks as a team of first responders from Israel departed the site. Miami-Dade County Mayor Daniella Levine Cava said 90 deaths have now been confirmed in last month's collapse of the 12-story Champlain Towers South in Surfside, up from 86 a day before. Among them are 71 bodies that have been identified, and their families have been notified, she said. Some 31 people remain listed as missing. The Miami-Dade Police Department said three young children were among those recently identified. Crews continued to search the remaining pile of rubble, peeling layer after layer of debris in search of bodies. The unrelenting search has resulted in the recovery of over 14 million pounds (about 6.4 million kilograms) of concrete and debris, Levine Cava said. Read the court decision
    Read the full story...
    Reprinted courtesy of Bloomberg

    Clearly Determining in Contract Who Determines Arbitrability of Dispute

    April 26, 2021 —
    As you know from prior postings: “Arbitration provisions are creatures of contract and must be construed ‘as a matter of contract interpretation.’ ” Fallang Family Limited Partnership v. Privcap Companies, LLC, 46 Fla.L.Weekly D639e (Fla. 4th DCA 2021) (citation omitted). Thus, if you prefer to arbitrate potential disputes, instead of litigating potential disputes, you want to include an arbitration provision in your contract. While there are positives and negatives to arbitration, no different than litigation, these positives and negatives should be considered during the contract negotiation process when dealing with the dispute resolution process in the contract. Generally, under the law, the arbitrability of a dispute is determined by the court. However, this can be deferred to the arbitrator with clear and unmistakable language in the contract. By way of example, the American Arbitration Association includes a rule that allows an arbitrator to rule on the arbitrability of the dispute, i.e., the claims asserted are subject to the governing arbitration provision in the contract. Recent law has suggested that if the objective is to authorize an American Arbitration Association arbitrator to make this determination, the contract clearly and unmistakably needs to state this intent and generally referring to the American Arbitration Association rules is not good enough. For this reason, I have included in arbitration provisions language that specifically states, “In the event of any dispute as to the arbitrability of any claim or dispute, the parties agree that an appointed arbitrator within the American Arbitration Association shall make this determination.” I have also included in arbitration provisions the converse so that if there is a dispute as to the arbitrability of a claim or dispute, the court, and not the arbitrator, will make this determination. Read the court decision
    Read the full story...
    Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
    Mr. Adelstein may be contacted at dma@kirwinnorris.com

    Georgia State and Local Governments Receive Expanded Authority for Conservation Projects

    May 31, 2021 —
    In the 2020-2021 session, the Georgia General Assembly amended existing laws to expand state and local governments’ authority to enter conservation projects. In connection with these projects, the contractor guarantees that cost savings or revenue increases will cover any payments for the project. Read more about conservation projects, including Guaranteed Energy Savings Performance Contracts With regard to school systems, conservation projects had previously included facility alterations designed to reduce energy or water consumption or operation costs. But the new law expands the permitted projects to include equipment purchases used in new construction or building retrofit, addition, or renovation. It also adds training programs incidental to the contract. Read the court decision
    Read the full story...
    Reprinted courtesy of David R. Cook Jr., Autry, Hall & Cook, LLP
    Mr. Cook may be contacted at cook@ahclaw.com