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    Glen St. Mary, 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
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    Commercial and Residential Contractors License Required.

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

    Glen St. Mary Florida Construction Expert Witness 10/ 10

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

    Glen St. Mary Florida Construction Expert Witness 10/ 10

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

    Glen St. Mary Florida Construction Expert Witness 10/ 10

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

    Glen St. Mary Florida Construction Expert Witness 10/ 10

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

    Glen St. Mary Florida Construction Expert Witness 10/ 10

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

    Glen St. Mary Florida Construction Expert Witness 10/ 10

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

    Glen St. Mary Florida Construction Expert Witness 10/ 10

    Construction Expert Witness News and Information
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    Leveraging from more than 7,000 construction defect and claims related expert witness designations, the Glen St. Mary, Florida Construction Expert Witness Group provides a wide range of trial support and consulting services to Glen St. Mary's most acknowledged construction practice groups, CGL carriers, builders, owners, and public agencies. Drawing from a diverse pool of construction and design professionals, BHA is able to simultaneously analyze complex claims from the perspective of design, engineering, cost, or standard of care.

    Construction Expert Witness News & Info
    Glen St. Mary, Florida

    Pass-Through Subcontractor Claims, Liquidating Agreements, and Avoiding a Two-Front War

    April 26, 2021 —
    Subcontractor claims happen. When those subcontractor claims are prompted by owner actions or responsibilities, the general contractor must always be vigilant to plan for and work to avoid a two-front war in which the general contractor is pushing the owner for recovery while at the same time disputing the subcontractor’s entitlement. Cooperation between the general contractor and the subcontractor and avoiding that two-front war can be accomplished through pass-through claims and ideally liquidating agreements. A pass-through claim is a claim by the subcontractor who has suffered damages by the owner with whom it has no contract, presented by the general contractor. A liquidating agreement or subcontract “liquidating language” goes a step further than simply a pass-through claim by “liquidating” the general contractor’s liability for the subcontractor’s claim and limiting the general contractor’s liability to the value recovered against the owner. The distinction between pass-through claims generally and use of liquidating agreements or language is described in greater detail below. Pass-through subcontractor claims are routine in construction and an important, common sense approach to deal with ever-present changes and the unexpected that can have cost and time implications. Despite the common sense basis for subcontractor pass-through claims, there are important legal considerations that must be addressed, and critical planning required, starting with the subcontract clauses. Read the court decision
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    Reprinted courtesy of Bradley Sands, Jones Walker LLP
    Mr. Sands may be contacted at

    Engineer Probing Champlain Towers Debacle Eyes Possibility of Three Successive Collapses

    July 05, 2021 —
    Though the trigger may remain a mystery for some time, by the end of the week, the structural engineer probing the partial progressive collapse of a 40-year-old Surfside, Fla., residential condominium expects to complete a computer model of the unstable, 12-story remains of the building. The computer model of the still-standing wing of Champlain Towers South will initially be used to alert the search and rescue team to suspend operations if a hurricane is coming. Reprinted courtesy of Nadine M. Post, Engineering News-Record Ms. Post may be contacted at Read the full story... Read the court decision
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    Reprinted courtesy of

    Best Lawyers Honors 48 Lewis Brisbois Attorneys, Recognizes Four Partners as 'Lawyers of the Year'

    August 30, 2021 —
    Best Lawyers has selected 48 Lewis Brisbois attorneys across 27 offices for inclusion in its list of 2022 Best Lawyers in America. It has also recognized four Lewis Brisbois partners as "Lawyers of the Year": Cleveland/Akron Partner John F. Hill (Bet-the-Company Litigation); San Diego Partner Marilyn R. Moriarty (Medical Malpractice Law - Defendants); Portland Managing Partner Eric J. Neiman (Medical Malpractice Law - Defendants); and Sacramento Partner Eric J. Stiff (Corporate Law). Please join us in congratulating these four partners and the following attorneys on their Best Lawyers recognition. Seattle Partner Randy J. Aliment: Commercial Litigation
  • Reno Managing Partner Jack G. Angaran: Insurance Law, Litigation - Construction, Litigation - Real Estate
  • Los Angeles Partner Brian G. Arnold: Litigation - Intellectual Property, Litigation - Patent
  • Los Angeles/Orange County Partner John L. Barber: Employment Law - Management, Litigation - Labor and Employment
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    Reprinted courtesy of Lewis Brisbois

    Not All Design-Build Projects are Created Equal

    June 28, 2021 —
    As the need for faster and more efficient construction increases, design-build agreements are growing in popularity. Design-build projects may account for 44% of nonresidential building in the United States this year. However, contractors who venture into a “design builder” role may unexpectedly become liable for design errors/omissions that are not covered by their insurance policies. In turn, they may expose themselves to liability and insurance risks that are neither insured nor managed. In this article, we’ll discuss how the contractor who becomes a design-builder, or performs design-related work through subcontractors, faces potentially unmanaged risk. We will also explore indemnity, warranty, and insurance traps by paying attention to contract language in both traditional design-build and design-assist scenarios. Reprinted courtesy of Nicole Markowitz, Peckar & Abramson, P.C. and Richard Robinson, Peckar & Abramson, P.C. Ms. Markowitz may be contacted at Mr. Robinson may be contacted at Read the court decision
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    Reprinted courtesy of

    No Damage for Delay? No Problem: Exceptions to the Enforceability of No Damage for Delay Clauses

    October 18, 2021 —
    Introduction: Under a no-damage-for-delay clause, the owner is not liable for any monetary damages resulting from delays on the project. In lieu of monetary recovery, the contractor’s remaining remedy is a non-compensatory time extension. These clauses are common at the contractor-subcontractor interface as well. While no-damage-for-delay clauses are enforced in most jurisdictions, some states, either by statute or case law, have limited the enforceability of no-damage-for-delay clauses. Other states have also limited the enforceability of these clauses on state government contracts, and a select few have outlawed them on all projects regardless if they are publicly or privately owned. Additionally, for subcontractors on federal projects, the Miller Act may provide a way to avoid no-damage-for-delay and recover against the general contractor’s payment bond. This article provides an overview of no-damage-for-delay clauses and the exceptions to enforcement of these clauses. However, due to the consequences of a no-damage-for-delay clause, it is important to know the terms of your contract and the law that governs your project. Read the court decision
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    Reprinted courtesy of Chris Broughton, Jones Walker LLP
    Mr. Broughton may be contacted at

    As Fracture Questions Remain, Team Raced to Save Mississippi River Bridge

    September 06, 2021 —
    "How is this bridge still standing?” That was the initial reaction of Aaron Stover, Michael Baker International’s vice president and regional bridge practice lead, as he first studied images of a fractured tie beam that forced the May 11 emergency shutdown of the I-40/Hernando de Soto Bridge between Tennessee and Arkansas. Discovered by chance earlier in the day during MBI’s routine above-deck inspection, the fracture on the bridge’s eastbound span affected nearly half the cross-section of a 26-in. by 33-in. welded girder supporting one of the 50-year-old structure’s 900-ft-long, 100-ft-high arched navigation spans across the Mississippi River. Reprinted courtesy of Jim Parsons, Engineering News-Record ENR may be contacted at Read the full story... Read the court decision
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    Reprinted courtesy of

    Federal Court in New York Court Dismisses Civil Authority Claim for COVID-19 Coverage

    October 11, 2021 —
    Courts nationwide have been grappling with coverage for business interruption claims arising from closures occasioned by the COVID-19 pandemic, with mixed results by jurisdiction. A recent decision on the issue from the federal Southern District of New York sheds light on New York law regarding this pressing issue. In Elite Union Installations, LLC v. National Fire Insurance Company of Pittsburgh, PA, 2021 WL 4155016 (Sept. 13, 2021), directives issued by governmental authorities required the insured construction company to shut its doors, leading to a layoff of some employees while others continued to work from home. The insured made a claim under its commercial property coverage for damage to its premises, which it claimed were rendered “uninhabitable” and required repair in the form of alterations to comply with social distancing requirements. In the ensuing coverage litigation, National Union moved to dismiss the complaint alleging covered first-party property damage defined in the policy as “direct physical loss of or damage to property.” Read the court decision
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    Reprinted courtesy of Eric D. Suben, Traub Lieberman
    Mr. Suben may be contacted at

    Hunton Andrews Kurth’s Insurance Recovery Practice, Andrea DeField and Cary D. Steklof, Recognized as Legal Elite

    August 16, 2021 —
    We are proud to share that Hunton Andrews Kurth insurance coverage Partner Andrea (Andi) DeField and Counsel Cary D. Steklof were recently recognized as 2021 Legal Elite Up & Comers in Florida Trend magazine. Florida Trend invited all in-state members of the Florida Bar to name attorneys whom they highly regard or would recommend to others. Only the top 111 attorneys were recognized for their leadership in the legal field and in the community. Andi and Cary are both well deserving of this honor and the award reflects their dedication to providing excellent legal services.Andi finds risk management, risk transfer, and insurance recovery solutions for public and private companies. She represents policyholders in a variety of insurance coverage disputes including those arising out of data breaches, ransomware attacks, construction defect and wrongful death suits, hurricanes, mergers and acquisitions, regulatory investigations, class actions, shareholder derivative suits, and COVID-19. Cary represents individual, corporate and municipal policyholders in all types of first- and third-party insurance coverage and bad faith disputes. With experience in the areas of insurance litigation, insurer bad faith and unfair insurance practices, he concentrates his practice on advising policyholders in connection with director and officer, error and omission, cyber, commercial general liability, and commercial property insurance policies. Read the court decision
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    Reprinted courtesy of Casey L. Coffey, Hunton Andrews Kurth
    Ms. Coffey may be contacted at