BERT HOWE
  • Nationwide: (800) 482-1822    
    high-rise construction expert witness Plant City Florida casino resort expert witness Plant City Florida industrial building expert witness Plant City Florida office building expert witness Plant City Florida condominiums expert witness Plant City Florida hospital construction expert witness Plant City Florida custom homes expert witness Plant City Florida production housing expert witness Plant City Florida Subterranean parking expert witness Plant City Florida landscaping construction expert witness Plant City Florida townhome construction expert witness Plant City Florida tract home expert witness Plant City Florida mid-rise construction expert witness Plant City Florida custom home expert witness Plant City Florida low-income housing expert witness Plant City Florida structural steel construction expert witness Plant City Florida housing expert witness Plant City Florida retail construction expert witness Plant City Florida parking structure expert witness Plant City Florida multi family housing expert witness Plant City Florida Medical building expert witness Plant City Florida concrete tilt-up expert witness Plant City Florida
    Plant City Florida architect expert witnessPlant City Florida engineering consultantPlant City Florida fenestration expert witnessPlant City Florida defective construction expertPlant City Florida concrete expert witnessPlant City Florida construction expert testimonyPlant City Florida expert witness commercial buildings
    Arrange No Cost Consultation
    Construction Expert Witness Builders Information
    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


    Non-compliance With Endorsement Means No Indemnity Coverage

    BP Is Not an Additional Insured Under Transocean's Policy

    Court Holds That Public Entity Can Unilaterally Replace Subcontractor Under California’s Subletting and Subcontracting Fair Practices Act

    Thanks for the Super Lawyers Nod for 2019!

    Update: New VOSH Maximum Penalties as of July 1

    Insurers Get “Floored” by Court of Appeals Regarding the Presumptive Measure of Damages in Consent Judgments

    Signs of a Slowdown in Luxury Condos

    Negligent Misrepresentation Claim Does Not Allege Property Damage, Barring Coverage

    Homebuilding Design Goes 3D

    The Hidden Dangers of Construction Defect Litigation: A Redux

    No Duty to Indemnify Where No Duty to Defend

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

    Pa. Contractor Pleads No Contest to Prevailing-Wage Charges, Pays Workers $20.7M

    Cincinnati Goes Green

    Liability Cap Does Not Exclude Defense Costs for Loss Related to Deep Water Horizon

    Gillotti v. Stewart (2017) 2017 WL 1488711 Rejects Liberty Mutual, Holding Once Again that the Right to Repair Act is the Exclusive Remedy for Construction Defect Claims

    BHA at The Basic Course in Texas Construction Law

    Homebuilders Call for Housing Tax Incentives

    Things You Didn't Know About Your Homeowners Policy

    Court Requires Adherence to “Good Faith and Fair Dealing” in Construction Defect Coverage

    The Indemnification Limitation in Section 725.06 does not apply to Utility Horizontal-Type Projects

    Verdict In Favor Of Insured Homeowner Reversed For Improper Jury Instructions

    Do You Have an Innovation Strategy?

    Triple Points to the English Court of Appeal for Clarifying the Law on LDs

    Pennsylvania Supreme Court’s Ruling On Certificates Of Merit And “Gist Of Action” May Make It More Difficult For An Architect Or Engineer To Seek An Early Dismissal

    Delaware Supreme Court Choice of Law Ruling Vacates a $13.7 Million Verdict Against Travelers

    California Courts Call a “Time Out” During COVID-19 –New Emergency Court Rules on Civil Litigation

    New York Appellate Court Holds Insurers May Suffer Consequences of Delayed Payment of Energy Company Property and Business Interruption Claims

    You’re Only as Good as Those with Whom You Contract

    Demonstrating A Fraudulent Inducement Claim Or Defense

    Zurich American Insurance Company v. Ironshore Specialty Insurance Company

    Previously Owned U.S. Home Sales Rise to Eight-Month High

    Policy Sublimit Does Not Apply to Business Interruption Loss

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

    You Have Choices (Litigation Versus Mediation)

    Firm Seeks to Squash Subpoena in Coverage CD Case

    Construction Up in United States

    Insurance Agent Sued for Lapse in Coverage after House Collapses

    Guidance for Structural Fire Engineering Making Its Debut

    Vacant Property and the Right of Redemption in Pennsylvania

    New Safety Requirements added for Keystone Pipeline

    Las Vegas Student Housing Developer Will Name Replacement Contractor

    Condo Building Hits Highest Share of Canada Market Since 1971

    U.S. Home Prices Climbed 0.1% in July as Gains Slowed

    COVID-izing Your Construction Contract

    I’m Sorry, So Sorry: Legal Implications of Apologies and Admissions of Fault for Delaware Healthcare Professionals

    AB5 Construction Exemption - A Checklist to Avoid Application of AB5's Three-Part Test

    Insurance Policy Language Really Does Matter

    Unrelated Claims Against Architects Amount to Two Different Claims

    Colorado Senate Voted to Kill One of Three Construction Defect Bills
    Corporate Profile

    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

    Hurry Up and Wait! Cal/OSHA Hits Pause on Emergency Temporary Standards for COVID-19 Prevention

    June 14, 2021 —
    Employers scrambling to prepare for the June 15th Reopening announced by Governor Newsom have spent the last week pouring over the revised Emergency Temporary Standards for COVID-19 Prevention (“Revised ETS”) approved by the Cal/OSHA Standards Board on June 3, 2021. After last night’s meeting of the Standards Board, however, it’s time to hit pause. Last night, the Cal OSHA Standards Board held a specialty meeting to reconsider its Revised ETS in light of the latest guidance on face coverings issued by the California Department of Public Health (“CDPH”) on June 7, 2021. Following a presentation by the CDPH and extensive public comment, the Cal OSHA Standards Board voted unanimously to withdraw the Revised ETS and to take up the issue again at its next scheduled meeting on June 17, 2021. The net result in the interim is that California employers who intend to reopen on June 15 must initially comply with all of the requirements of the Cal/OSHA Standards Board Emergency Temporary Standards for COVID-19 Prevention as originally issued on November 20, 2020, including but not limited to, its social distancing, physical partitioning and mask wearing requirements. Reprinted courtesy of Michael J. Studenka, Newmeyer Dillion and Jasmine Shams, Newmeyer Dillion Mr. Studenka may be contacted at michael.studenka@ndlf.com Ms. Shams may be contacted at jasmine.shams@ndlf.com Read the court decision
    Read the full story...
    Reprinted courtesy of

    Building Materials Price Increase Clause for Contractors and Subcontractors – Three Options

    June 21, 2021 —
    With the arrival of inflation come concerns regarding increases in the price of building materials within the construction industry. Contractors, subcontractors and others who contract to perform construction work can suffer significant losses when the prices they must pay for materials rises significantly between the time they sign the contract and actually purchase the materials. The general rule is that, unless there exists a contract clause allowing contractors or subcontractors to pass significant price increases for materials on to others, contractors and subcontractors are stuck with the price stated in the contract or subcontract. When prices rise, the contractor or subcontractor eats the difference. Rising prices can thus turn a profitable project into a catastrophic failure. How are contractors and subcontractors to protect themselves? Once a contract is executed, there is usually little that can be done to change the document to address rising prices. Effort must therefore turn to future protection. The best technique for dealing with increasing future prices for building materials is by adding a price escalation clause to contracts and subcontracts. While this will not help for past contracts or subcontracts, it can certainly offer significant protection going forward. Read the court decision
    Read the full story...
    Reprinted courtesy of William L. Porter, Porter Law Group
    Mr. Porter may be contacted at bporter@porterlaw.com

    Project-Specific Policies and Products-Completed Operations Hazard Extensions

    May 31, 2021 —
    1. Understanding the “Products-Completed Operations Hazard” ISO commercial general liability (“CGL”) policies use the term “products-completed operations hazard” (“PCOH”) to define a category of risk which is treated specially by certain exclusions within the policy and often subject to separate limits of insurance. In construction, we think about PCOH as being about coverage for completed work. Bodily injury and property damage arising out of completed work is a significant construction risk. Most construction contracts include warranty and indemnity obligations for completed work. All states allow lawsuits to be brought alleging bodily injury or property damage because of completed work based on common law. Contract and common law claims are subject to statutes of limitation – laws which define the time in which suits must be brought. Most states provide exceptions to their statutes of limitation for common law claims – the most common example is an extension to file a lawsuit based on a latent defect until the defect is discovered. Most states also have “statutes of repose” – laws that set a date after which suit may no longer be brought, no matter what the circumstances are. A construction contractor, therefore, has potential liability until the statute of repose period has expired. Thus, a contractor looks to ensure that it has coverage for the PCOH for its full statute of repose liability period. Read the court decision
    Read the full story...
    Reprinted courtesy of Jeremiah M. Welch, Saxe Doernberger & Vita
    Mr. Welch may be contacted at JWelch@sdvlaw.com

    Pay Inequities Are a Symptom of Broader Gender Biases, Studies Show

    May 17, 2021 —
    Pay gaps between men and women are a problem in the AEC industry and beyond—and they are a sign of complex, systemic problems in companies. “It’s more of a symptom,” said Elizabeth Walgram, senior consultant in the compensation and career strategies practice at human resources consulting firm Segal. Reprinted courtesy of Pam Radtke Russell, ENR, Debra K. Rubin, ENR, Janice L. Tuchman, ENR and Alisa Zevin, ENR Ms. Russell may be contacted at Russellp@bnpmedia.com Ms. Rubin may be contacted at rubind@enr.com Ms. Tuchman may be contacted at tuchmanj@enr.com Ms. Zevin may be contacted at zevina@enr.com Read the court decision
    Read the full story...
    Reprinted courtesy of

    Court of Appeals Finds Arbitration Provision Incorporated by Reference Unenforceable

    September 20, 2021 —
    Subcontractors have gotten accustomed to incorporation clauses in their contracts. While an incorporation clause can incorporate any document, most typically, it’s the prime contract between the general contractor and the project owner. Subcontractors will sometimes even accept these documents sight unseen which can be a recipe for disaster. But not in the next case. In Remedial Construction Services, LP v. AECOM, Inc., Case No. B303797 (June 15, 2021), the 2nd District Court of Appeal examined whether a subcontractor was bound to an arbitration provision contained in a prime contract that was incorporated by reference into the subcontractor’s contract. In this case, it was the prime contractor who was in for a surprise. The Remedial Construction Case In 2015, Shell Oil Products US, LLC entered into a prime contract with AECOM Technical Services, Inc. for the demolition, remediation and restoration of the Gaviota oil terminal in Goleta, California. AECOM in turn entered into a subcontract with Remedial Construction Services, LP to perform portions of the work. When AECOM refused to pay Remedial for delay costs asserted by Remedial, Remedial filed suit. Read the court decision
    Read the full story...
    Reprinted courtesy of Garret Murai, Nomos LLP
    Mr. Murai may be contacted at gmurai@nomosllp.com

    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
    Read the full story...
    Reprinted courtesy of Eric D. Suben, Traub Lieberman
    Mr. Suben may be contacted at esuben@tlsslaw.com

    Can an App Renovate a Neighborhood?

    August 10, 2021 —
    On a sleepy stretch of West Jefferson Boulevard not far from downtown Los Angeles, cars typically speed past blocks of old warehouses and blank retail facades for destinations elsewhere. But slow down, hit the sidewalk and peek into and around a few buildings, and you’ll see the telltale signs of renovation: sandblasted walls, new windows, work crews and exposed wood beams. In an expansive brick building that once housed a child-care center before reverting to a warehouse, an inside-out renovation for a future food hall has stripped the wooden ceiling down to gorgeous bow trusses, sunlight filtering through the gaps and lighting up a floor of dirt filled with tracks from heavy machinery. This string of commercial development, 20 buildings in total, isn’t a typical project, nor does it rely on traditional sources of financing. A clue can be found on the white and orange signs above a handful of buildings between La Brea Avenue and Crenshaw Boulevard, beckoning potential tenants to call Fundrise for leasing opportunities for built-to-suit office/retail. Read the court decision
    Read the full story...
    Reprinted courtesy of Patrick Sisson, Bloomberg

    Can a Receiver Prime and Strip Liens Against Real Property?

    September 20, 2021 —
    Courts overseeing receivers generally enjoy broad discretion in directing and approving a receiver’s proposed actions. But does that authority extend to a receiver not only granting a super-priority lien ahead of existing liens, but also selling the real property free and clear of all liens? In County of Sonoma v. Quail, 56 Cal.App.5th 657 (Ct. App. 2020), the California Court of Appeals answered that question in the affirmative. Quail involved a 47,480 square-foot lot with two houses, a few garages, several outbuildings, and numerous trailers surrounded by a veritable junk yard. Despite many of these structures being uninhabitable, unsanitary, and dangerous, multiple families resided on the lot. Although Sonoma County (the “County”) ordered the owner to remediate the property several times, he failed and refused to do so. After several years of these violations going unabated, the County ultimately sought and obtained the appointment of a receiver over the real property. To obtain funds necessary to repair the property, the receiver asked the court for permission to borrow money through the issuance of a receivership certificate to be secured by a super-priority lien—i.e., a lien ahead of all other liens—against the real property. Although the trial court initially declined to prime existing liens, when the receiver could find no one to lend money (since the land lacked equity), the trial court relented and approved a super-priority lien despite the senior secured lender’s objection (the “lender”). Read the court decision
    Read the full story...
    Reprinted courtesy of Ben Reeves, Snell & Wilmer
    Mr. Reeves may be contacted at breeves@swlaw.com