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    Plant City, 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 Plant City Florida

    Commercial and Residential Contractors License Required.


    Construction Expert Witness Contractors Building Industry
    Association Directory
    Polk County Builders Association
    Local # 1028
    2232 Heritage Dr
    Lakeland, FL 33801

    Plant City Florida Construction Expert Witness 10/ 10

    Home Builders & CA of Brevard
    Local # 1012
    1500 W Eau Gallie Blvd Ste A
    Melbourne, FL 32935

    Plant City Florida Construction Expert Witness 10/ 10

    Tampa Bay Builders Association
    Local # 1036
    11242 Winthrop Main St
    Riverview, FL 33578

    Plant City Florida Construction Expert Witness 10/ 10

    Highlands County Builders Association
    Local # 1022
    PO Box 7546
    Sebring, FL 33872
    Plant City Florida Construction Expert Witness 10/ 10

    Hernando Bldrs Assoc
    Local # 1010
    7391 Sunshine Grove Rd
    Brooksville, FL 34613

    Plant City Florida Construction Expert Witness 10/ 10

    Home Builders Association of Manatee - Sarasota County
    Local # 1041
    8131 Lakewood Main St Ste 207
    Lakewood Ranch, FL 34202

    Plant City Florida Construction Expert Witness 10/ 10

    Home Builders Association of Metro Orlando
    Local # 1040
    544 Mayo Ave
    Maitland, FL 32751

    Plant City Florida Construction Expert Witness 10/ 10


    Construction Expert Witness News and Information
    For Plant City Florida


    Arizona Supreme Court Confirms a Prevailing Homeowner Can Recover Fees on Implied Warranty Claims

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    PLANT CITY FLORIDA CONSTRUCTION EXPERT WITNESS
    DIRECTORY AND CAPABILITIES

    The Plant City, 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. Drawing from this considerable body of experience, BHA provides construction related trial support and expert services to Plant City'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
    Plant City, Florida

    Ninth Circuit Court Weighs In On Insurance Coverage For COVID-19 Business Interruption Losses

    October 11, 2021 —
    On October 1, 2021, the Ninth Circuit Court of Appeals ruled on a trio of cases involving COVID-19 business interruption losses, in a series of written opinions with results favoring the insurers. Despite the slate of wins for insurers in this round of cases, these rulings are limited to cases where policyholders either did not allege the presence of COVID-19 on their premises causing “physical alteration” of the property itself, or had a virus exclusion in their policy, or both. This leaves room for future cases potentially ruling in favor of coverage where the insureds allege the presence of coronavirus on the premises, and that there was a detrimental physical alteration of the property as a result. To date, the Ninth Circuit has not ruled on such a situation. RULING 1: Mudpie v. Travelers Casualty Insurance Co. of America The Ninth Circuit first considered a proposed class action brought by a children’s store operator, Mudpie. Mudpie sought business income and extra expense coverage from Travelers after California and local authorities issued shutdown orders impacting Mudpie’s operations due to COVID-19. (Mudpie, Inc. v. Travelers Casualty Insurance Company of America, Case No. 20-16858, --- F.4th --- (9th Cir. Oct. 1, 2021).) Travelers denied coverage, asserting that the claim did not involve “direct physical loss of or damage to” property “caused by or resulting from a covered Cause of Loss.” Travelers also denied coverage under language excluding “loss or damage caused by or resulting from any virus…that induces…physical distress, illness or disease.” Applying California law, the trial court agreed with Travelers on both accounts. Read the full story...
    Reprinted courtesy of Rondi J. Walsh, Newmeyer Dillion
    Ms. Walsh may be contacted at rondi.walsh@ndlf.com

    Would You Trade a Parking Spot for an Extra Bedroom?

    August 23, 2021 —
    A bill wending its way through the California Legislature could suddenly make a lot more new housing economically feasible. Known as AB 1401, the legislation would abolish local parking requirements for new residential and commercial developments near bus or train stops. It applies to counties with more than 600,000 residents and cities with more than 75,000 people. The bill does not prohibit or restrict parking. It merely deregulates it, allowing developers to decide what works best for a given project. It opens up the possibility, for example, of providing parking in an off-site garage or lot. It permits tandem parking to save space or subsidized shared ride services. It doesn’t prescribe a one-size-fits-all solution to how buildings can best serve the people who use them, and it allows flexibility as transportation options evolve. Most homeowners and tenants want some sort of parking, but local mandates can be extreme — and extremely expensive. Twenty-one California towns even require more than three parking places for a three-bedroom single-family home. Read the full story...
    Reprinted courtesy of Virginia Postrel, Bloomberg

    Broken Buildings: Legal Rights and Remedies in the Wake of a Collapse

    October 11, 2021 —
    A tragedy transpired on June 24 in Surfside, Florida, when the Champlain Towers South suddenly fell, becoming one of the country’s most deadly unintentional building collapses. It is imperative that construction industry professionals be aware of the legal issues that are raised by such ill-fated events. Who Is Held Responsible? Who can be held responsible for such disasters lies among several possible parties:
    • The building’s design professionals, particularly its architects and structural engineers. They are charged with ensuring that the building’s design is safe. They must take many factors into account, including, but not limited to, the materials that are used, the foundation, the weight and the height.
    • General contractors and the subcontractors. General contractors implement the design created by the architects and engineers and are responsible for appropriate materials. The general contractor also supervises the subcontractors aiding with multiple areas of the building’s construction and which also share the responsibility of executing the design and maintaining the building’s structural integrity.
    Reprinted courtesy of David J. Pfeffer, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...
    Mr. Pfeffer may be contacted at dpfeffer@tarterkrinsky.com

    In One of the First Civil Jury Trials to Proceed Live in Los Angeles Superior Court During Covid, Aneta Freeman Successfully Prevailed on Behalf of our Client and Obtained a Directed Verdict and Non-Suit

    July 05, 2021 —
    In one of the first civil jury trials to proceed live in Los Angeles Superior Court during Covid, Aneta Freeman obtained a rare directed verdict and nonsuit in a complex, high exposure action, after seven days of trial. The dismissal was obtained after the parties rested after the liability phase of the bifurcated trial. Ms. Freeman represented a general contractor in an action in which Plaintiff alleged that the general contractor and the County of Los Angeles (which was dismissed earlier on statutory immunity grounds) created a dangerous condition when they allegedly allowed mosquitos to breed in 2015 during construction at a flood retention basin in Marina Del Rey. Plaintiff contracted West Nile Virus, and subsequently developed myasthenia gravis and a myriad of other conditions and ailments. Plaintiff relied heavily on a 2015 report from the Los Angeles West Vector Control District which suggested that the construction was the source of mosquitos which resulted in a “cluster” of West Nile Virus cases in the Marina Del Rey and surrounding areas. In pretrial motions, Ms. Freeman successfully excluded that report, opinion testimony from the vector control former executive director, narrowed the scope of plaintiff’s entomologist testimony, and excluded Brad Avrit from testifying for the Plaintiff on construction standard of care. The matter proceeded with a stipulated a 10 person jury, and all participants socially distanced and masked throughout the trial. Witnesses appeared live, with the exception of Plaintiff’s entomologist, portions of whose video deposition were played. Following seven days of trial after both parties rested, Judge Mark Young granted the general contractor’s nonsuit and also, in the alternative, a directed a verdict for our client. Plaintiff had demanded $10,000,000 of the County and the general contractor globally prior to trial, and $5,000,000 from the general contractor. The general contractor issued two CCP 998s, which were ignored by Plaintiff. Reprinted courtesy of Aneta B. Freeman, Chapman Glucksman Dean & Roeb
    Ms. Freeman may be contacted at afreeman@cgdrlaw.com

    From Singapore to Rio Green Buildings Keep Tropical Tenants Cool

    June 07, 2021 —
    On a typically hot and humid afternoon in Singapore, a fresh breeze blows beneath the canopy of the South Beach development, keeping temperatures several degrees cooler than on the surrounding streets. The rippling 280-meter (919 feet) wave of steel-and-aluminum runs the length of the Norman Foster-designed complex, funneling prevailing winds over outdoor patrons of restaurants and bars and saving on air conditioning for the mixed-use complex. The canopy is covered with solar panels and catches rainwater to irrigate the gardens. Offices and apartment blocks designed to be green are springing up all over the world as architects reverse almost a century of trying to insulate workers from nature and instead try to adapt structures to their natural surroundings. The change is being driven by stricter building codes, a desire to cut energy costs and, in particular, demands from corporations and startups that need to show shareholders and customers they are meeting environmental standards. Reprinted courtesy of Andrew Janes, Bloomberg and Shawna Kwan, Bloomberg Read the full story...

    The Partial Building Collapse of the 12-Story Florida Condo

    June 28, 2021 —
    On Thursday, the Champlain Towers South Condo building in Surfside, Florida suffered a partial collapse. As of Monday morning, the official death toll stood at 10 with 151 persons unaccounted for, according to the Miami Herald. NPR uncovered minutes from a November 15th, 2018 Chaplain Tower South Condominium Association board meeting where the inspector made assurances that “the building was ‘in very good shape.’” However, “an engineering report from five weeks earlier” alleged “that failed waterproofing in a concrete structural slab needed to be replaced ‘in the near future.’” Daniella Levine Cava, the Miami-Dade County mayor, told reporters that “officials ‘knew nothing’ about the report.” The New York Times on Sunday reported that experts looking at video footage of the incident believe that the cause is centered on a location “in the lowest part of the condominium complex — possibly in or below the underground parking garage — where an initial failure could have set off a structural avalanche.” The cause of the incident remains unclear, however. This “progressive collapse” could have been caused by a number of different factors “including design flaws or the less robust construction allowed under the building codes of four decades ago.” A witness, according to the New York Times, saw a hole appear near the pool: “Michael Stratton said his wife, Cassie Stratton, who is missing, was on the phone with him and was looking out through the window of her fourth-floor unit when, she told him, the hole appeared. After that, the call cut off.” Possible reasons for the “initial failure at the bottom of the building could include a problem with the deep, reinforced concrete pilings on which the building sits — perhaps set off by an unknown void or a sinkhole below — which then compromised the lower columns. Or the steel reinforcing the columns in the parking garage or first few floors could have been so corroded that they somehow gave way on their own. Or the building itself could have been poorly designed, built with substandard concrete or steel — or simply with insufficient steel at critical points.” "It will take many months to complete the analysis necessary to understand the cause or causes of the collapse,” Eric Ruzicka, a partner at the international law firm Dorsey & Whitney and a commercial litigator who specializes in the area of construction and real estate litigation, stated in a media release. “Often, information that comes out early can be very misleading or misunderstood unless the full context of the information is known.” Ruzicka explained that Florida’s statues of limitations and repose may be relevant. “These statutes will likely eliminate the liability of those involved in the original development, design and construction of the building. Rather, victims and their families' recovery will be limited to those involved in the building's maintenance and those assessing the condition of the building over the past four years.” Miami and Sunny Isles Beach have announced they will audit older structures in their communities “ahead of the mandatory 40-year recertification,” the Miami Herald reported. Read the full story (Miami Herald)... Read the full story (NPR)... Read the full story (NY Times)...

    New York Court Rejects Owner’s Bid for Additional Insured Coverage

    September 06, 2021 —
    Tenders for additional insured coverage in construction accidents are frequently litigated in New York courts. Although the past few years have seen changes in the law regarding the causal nexus between the named insured’s work and coverage for the purported additional insured, courts often find there is at least a duty to defend the additional insured where there are allegations of the employer/subcontractor’s presence at the site. An exception is the recent decision in Gemini Insurance Company v. Certain Underwriters at Lloyd’s, London, Index No. 652669/20 in the Supreme Court of the State of New York, County of New York (Lebovits, J.). In that case, Gemini insured the owner and general contractor of a construction project, and Lloyd’s insured the injured claimant’s employer under a policy endorsed to provide additional insured coverage to entities who “have agreed in writing in a contract or agreement” with the named insured that they must be “added as additional insured.” Although the court found that the contracts here satisfied this requirement for additional insured coverage, the court’s analysis did not end there. Noting that even where such contract exists, the Lloyd’s policy would not provide additional insured coverage “in all circumstances” (emphasis in original), the court next considered whether the underlying injury was “caused in whole or in part by: 1. [The named insured’s] acts or omissions, or 2. The acts or omissions of those acting on [the named insured’s] behalf,” as required under the endorsement’s wording. Read the full story...
    Reprinted courtesy of Eric D. Suben, Traub Lieberman
    Mr. Suben may be contacted at esuben@tlsslaw.com

    Hunton Andrews Kurth’s Insurance Recovery Practice, Partners Larry Bracken and Mike Levine Receive Band 1 Honors from Chambers USA in Georgia

    June 14, 2021 —
    The 2021 Chambers and Partners rankings for Georgia insurance recovery practices and lawyers are out and Hunton Andrews Kurth has received top honors. The rankings include Hunton Andrews Kurth’s Insurance Recovery practice and partners Lawrence J. Bracken II and Michael S. Levine, with all receiving Band 1 honors – the organization’s top-tier ranking. “The top-level ranking of our practice in Georgia, and the work that Larry and Mike bring to our clients in Georgia, specifically, is emblematic of the work our team is doing nationwide,” said Insurance Recovery Practice Head, Walter J. Andrews. “The Firm and I could not be more proud,” he added. Chambers and Partners is an independent research company operating across more than 200 jurisdictions delivering detailed rankings and insight into the world’s leading lawyers. Its rankings are viewed as one of the most credible and reliable industry benchmarks. Read the full story...
    Reprinted courtesy of Walter J. Andrews, Hunton Andrews Kurth
    Mr. Andrews may be contacted at wandrews@HuntonAK.com