BERT HOWE
  • Nationwide: (800) 482-1822    
    condominium expert witness Micco Florida hospital construction expert witness Micco Florida retail construction expert witness Micco Florida production housing expert witness Micco Florida casino resort expert witness Micco Florida landscaping construction expert witness Micco Florida concrete tilt-up expert witness Micco Florida housing expert witness Micco Florida Subterranean parking expert witness Micco Florida Medical building expert witness Micco Florida low-income housing expert witness Micco Florida custom homes expert witness Micco Florida institutional building expert witness Micco Florida structural steel construction expert witness Micco Florida multi family housing expert witness Micco Florida custom home expert witness Micco Florida high-rise construction expert witness Micco Florida mid-rise construction expert witness Micco Florida townhome construction expert witness Micco Florida office building expert witness Micco Florida tract home expert witness Micco Florida parking structure expert witness Micco Florida
    Micco Florida construction expert witness consultantMicco Florida soil failure expert witnessMicco Florida construction safety expertMicco Florida architectural engineering expert witnessMicco Florida consulting engineersMicco Florida construction expert witnessesMicco Florida structural concrete expert
    Arrange No Cost Consultation
    Construction Expert Witness Builders Information
    Micco, 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 Micco 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

    Micco Florida Construction Expert Witness 10/ 10

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

    Micco Florida Construction Expert Witness 10/ 10

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

    Micco Florida Construction Expert Witness 10/ 10

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

    Micco Florida Construction Expert Witness 10/ 10

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

    Micco Florida Construction Expert Witness 10/ 10

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

    Micco Florida Construction Expert Witness 10/ 10

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

    Micco Florida Construction Expert Witness 10/ 10


    Construction Expert Witness News and Information
    For Micco Florida


    Exception to Watercraft Exclusion Does Not Apply

    PA Supreme Court to Rule on Scope of Judges' Credibility Determinations

    Helsinki Stream City: A Re-imagining Outside the System

    Mediation v. Arbitration, Both Private Dispute Resolution but Very Different Sorts

    Growing Optimism Among Home Builders

    Safe Harbors- not just for Sailors anymore (or, why advance planning can prevent claims of defective plans & specs) (law note)

    New York Court Enforces Construction Management Exclusion

    City of Birmingham Countersues Contractor for Incomplete Work

    Mendocino Hospital Nearing Completion

    Jersey City, New Jersey, to Get 95-Story Condo Tower

    The Importance of Providing Notice to a Surety

    Not So Unambiguous: California Court of Appeal Finds Coverage for Additional Insured

    JPMorgan Blamed for ‘Zombie’ Properties in Miami Lawsuit

    Coverage Found For Cleanup of Superfund Site Despite Pollution Exclusion

    A Compilation of Quirky Insurance Claims

    One Stat About Bathrooms Explains Why You Can’t Find a House

    Apple to Open Steve Jobs-Inspired Ring-Shaped Campus in April

    United States Supreme Court Grants Certiorari in EEOC Subpoena Case

    When Brad Pitt Tried to Save the Lower Ninth Ward

    Alabama Still “An Outlier” on Construction Defects

    Construction Defects in Home a Breach of Contract

    Construction Defect Leads to Death of Worker

    Recent Developments with California’s Right to Repair Act

    Pennsylvania Supreme Court Dismisses Appeal of Attorney Fee Award Under the Contractor and Subcontractor Payment Act

    Ruling Finds Builder and Owners at Fault in Construction Defect Case

    Pancakes Decision Survives Challenge Before Hawaii Appellate Court

    Court Rules that Damage From Squatter’s Fire is Not Excluded as Vandalism or Malicious Mischief

    Lis Pendens – Recordation and Dissolution

    Perovskite: The Super Solar Cells

    New Mandatory Bond Notice Forms in Florida

    Ongoing Operations Exclusion Bars Coverage

    Eight Things You Need to Know About the AAA’s New Construction Arbitration Rules

    John Aho: Engineer Pushed for Seismic Safety in Alaska Ahead of 2018 Earthquake

    Anti-Assignment Provision Unenforceable in Kentucky

    Negligent Misrepresentation in Sale of Building Altered without Permits

    Gain in Home Building Points to Sustained U.S. Growth

    Will Superusers Future-Proof the AEC Industry?

    New Jersey Senate Advances Bad Faith Legislation

    Almost Half of Homes in New York and D.C. Are Now Losing Value

    Legislatures Shouldn’t Try to Do the Courts’ Job

    Condo Board May Be Negligent for not Filing Construction Defect Suit in a Timely Fashion

    Reversing Itself, West Virginia Supreme Court Holds Construction Defects Are Covered

    The Private Works: Preliminary Notice | Are You Using the Correct Form?

    Home insurance perks for green-friendly design (guest post)

    Statutory Bad Faith and an Insured’s 60 Day Notice to Cure

    Privileged Communications With a Testifying Client/Expert

    West Virginia Couple Claim Defects in Manufactured Home

    Order for Appraisal Affirmed After Insureds Comply with Post-Loss Obligations

    How to Survive the Insurance Claim Process Before It Starts –Five Tips to Keep Your Insurance Healthy

    WCC and BHA Raised Thousands for Children’s Cancer Research at 25th West Coast Casualty CD Seminar
    Corporate Profile

    MICCO FLORIDA CONSTRUCTION EXPERT WITNESS
    DIRECTORY AND CAPABILITIES

    The Micco, 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 Micco'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
    Micco, Florida

    Nevada Senate Bill 435 is Now in Effect

    February 24, 2020 —
    ATTENTION: Nevada liability departments and auto insurance carriers! Nevada Senate Bill No. 435 was recently signed into law and there are two key points to be aware of: Disclosure of Policy Limits Demand and Voiding Releases. These both deal with pre-litigation situations. 1) Nevada law now requires a motor vehicle insurer to disclose the limits of the policy if the claimant provides a HIPAA authorization which allows the carrier to “receive all medical reports, records and bills related to the claim from the providers of health care.” This is a change from the previous Nevada statute which required the disclosure of policy limits only after litigation was commenced. However, it appears from the language of the statute that there are limits to this new mandate. Section 4 of the new law is written in such a way to allow the argument that the new law applies only to accidents that occurred after 10/1/19, and that the insurance company has to request the HIPAA waiver from the claimant in order for the disclosure requirement to apply. The plaintiff’s bar is already attempting to address this language in the legislature. As written, subsection (4) is governed by subsection (1) which states that the insurance company “may require the claimant … to provide … a written authorization.” The following subparts all appear to be triggered only by the act of the insurance company requesting a HIPAA waiver. The plaintiff’s bar is pushing for clarifying language that would make it clear that once the claimant sent a HIPAA waiver, irrespective of whether the document was requested by the insurance company or not, the insurance company is required to disclose policy limits. This is not how the law reads on its face, and the change would make a significant difference from a practical perspective. Read the court decision
    Read the full story...
    Reprinted courtesy of Bremer Whyte Brown & O'Meara LLP

    Ex-Detroit Demolition Official Sentenced for Taking Bribes

    November 24, 2019 —
    Aradondo Haskins, a former Detroit demolition projects official, has been sentenced to a year in federal prison for accepting $26,500 in bribes from contractors and rigging bids to tear down homes in a federally funded demolition program. U.S. District Judge Victoria Roberts handed down the sentence on Sept. 23 and ordered Haskins to pay a $5,000 fine and forfeit bribes he took while employed by demolition contractor Adamo Group and by the city. The charges against Haskins were unsealed on April 8, shortly before he pled guilty. Reprinted courtesy of Jeff Yoders, Engineering News-Record Mr. Yoders may be contacted at yodersj@enr.com Read the full story... Read the court decision
    Read the full story...
    Reprinted courtesy of

    Smart Contracts Poised to Impact the Future of Construction

    November 12, 2019 —
    In August 2018, the State of Ohio passed legislation making it easier for businesses in Ohio, including the construction industry, to use blockchain technology in business transactions, which can result in significant savings and increased efficiency if used correctly. Specifically, Senate Bill 220 amends the Uniform Electronic Transactions Act (Ohio Rev. Code. 1306.01, et seq.) and ensures that records (or signatures) secured through blockchain are legally binding. With the enactment of this bill, Ohio has joined several other states to allow their businesses to take advantage of this budding technology. While the implications of this enactment are widespread, the use of “smart contracts” utilizing blockchain technology is particularly helpful in the construction industry to streamline certain processes and increase efficiency. What is Blockchain? While blockchain technology is most commonly associated with cryptocurrency (e.g., Bitcoin), the technology has far greater applications as it can be used to “eliminate the middle-man” in a variety of transactions across a broad spectrum of industries. At its core, blockchain is a decentralized ledger that allows transacting parties to interact directly (i.e., peer-to-peer) in a secure manner. Essentially, the blockchain “ledger” is where users record transactions. These transactions are then verified, viewed, and shared with others in the network. The information is stored across a peer network and allows for approved users to view the data simultaneously. It is often analogized to using GoogleDocs, where multiple people can access and edit the same document simultaneously. While that is an easy comparison, blockchain itself is a bit more complex. Reprinted courtesy of Frederick D. Cruz & Seth Wamelink, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Mr. Cruz may be contacted at frederick.cruz@tuckerellis.com Mr. Wamelink may be contacted at seth.wamelink@tuckerellis.com Read the court decision
    Read the full story...
    Reprinted courtesy of

    Georgia Court of Appeals Holds That Insurer Must Defend Oil Company Against Entire Lawsuit

    October 07, 2019 —
    The Georgia Court of Appeals recently affirmed a grant of summary judgment in favor of Mountain Express Oil Company on its breach of contract claim against liability insurer, Southern Trust Insurance Company. Empire Petroleum brought claims against Mountain Express for breach of contract, injunctive relief, and libel or slander, among others. Mountain Express sought a defense to that lawsuit under its insurance policy with Southern Trust. Southern Trust contended that the insurance policy did not cover Empire’s non-libel/slander claims, and therefore reimbursed Mountain Express for only a portion of its attorneys’ fees. After the Empire lawsuit settled, Mountain Express sued Southern Trust for breach of contract and bad faith for failing to pay the remaining defense costs, contending that Southern Trust had a duty to defend the entire lawsuit. The Georgia Court of Appeals affirmed the trial court’s grant of summary judgment to Mountain Express on its breach of contract claim. Citing policy language stating that “[the insurer] will have the right and duty to defend the insured against any ‘suit’ seeking those damages,” the court held that Southern Trust was obligated to defend the entire lawsuit. Specifically, in reaching that conclusion, the court noted that by agreeing to defend any “suit,” not any “claim,” Southern Trust obligated itself to defend the entire lawsuit if any claim could be covered under the policy. Accordingly, Southern Trust breached the policy when it only agreed to defend some of the claims against its insured. Reprinted courtesy of Lawrence J. Bracken II, Hunton Andrews Kurth, Michael S. Levine, Hunton Andrews Kurth and Alexander D. Russo, Hunton Andrews Kurth Mr. Bracken may be contacted at lbracken@HuntonAK.com Mr. Levine may be contacted at mlevine@HuntonAK.com Read the court decision
    Read the full story...
    Reprinted courtesy of

    Serving Notice of Nonpayment Under Miller Act

    January 20, 2020 —
    Under the federal Miller Act, if a claimant is NOT in privity with the prime contractor, it needs to serve a “notice of nonpayment” within 90 days of its final furnishing. In this manner, 40 U.S.C. 3133 (b)(2) states: A person having a direct contractual relationship with a subcontractor but no contractual relationship, express or implied, with the contractor furnishing the payment bond may bring a civil action on the payment bond on giving written notice to the contractor within 90 days from the date on which the person did or performed the last of the labor or furnished or supplied the last of the material for which the claim is made. The action must state with substantial accuracy the amount claimed and the name of the party to whom the material was furnished or supplied or for whom the labor was done or performed. The notice shall be served–
    (A) by any means that provides written, third-party verification of delivery to the contractor at any place the contractor maintains an office or conducts business or at the contractor’s residence; or (B) in any manner in which the United States marshal of the district in which the public improvement is situated by law may serve summons.
    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

    Ten Firm Members Recognized as Super Lawyers or Rising Stars

    September 16, 2019 —
    While we avoid using this blog as a platform for self-promotion, long-time readers will know we make an exception to recognize the Super Lawyers of the firm, each of whom is humbled to receive this peer-rated award. Super Lawyers recognizes attorneys who have distinguished themselves in their legal practice as recognized by their peers. Attorneys are selected through a patented selection process combining peer nominations and independent research. Results are based on legal excellence, industry involvement, and civic leadership. Only five percent of lawyers in Washington State are selected for the honor of Super Lawyers, and no more than 2.5 percent are selected for the honor of Super Lawyers Rising Stars. John P. Ahlers, one of the firm’s founding partners, was again recognized as one of the Top 10 Lawyers out of all Washington lawyers. Founding partner Paul R. Cressman Jr. was again recognized as one of the 100-Best Lawyers considering Lawyers State of Washington wide. In addition, four other firm members are also recognized as Super Lawyers: Founding Partner Scott R. Sleight, Brett M. Hill, Bruce A. Cohen, and Lawrence S. Glosser. Partners Ryan W. Sternoff and Lindsay (Taft) Watkins, and associates Ceslie A. Blass and Scott D. MacDonald are all recognized as Super Lawyer Rising Stars, which recognizes attorneys either 40 years old or younger, or in practice 10 years or less. Read the court decision
    Read the full story...
    Reprinted courtesy of Ahlers Cressman & Sleight PLLC

    Be Careful When Walking Off of a Construction Project

    November 24, 2019 —
    I am truly grateful that my buddy Craig Martin (@craigmartin_jd) continues his great posts over at The Construction Contractor Advisor blog. He is always a good cure for writer’s block and once again this week he gave me some inspiration. In his most recent post, Craig discusses a recent Indiana case relating to the ever present issue of termination by a subcontractor for non-payment. In the Indiana case, the court looked at the payment terms and determined that the subcontractor was justified in walking from the project when it was not paid after 60 days per the contract. This result was the correct, if surprising. Why do I say surprising? Because I am always reluctant to recommend that a subcontractor walk from a job for non payment if it is possible to continue. This is not so much for legal reasons (not paying a sub is a clear breach of contract by a general contractor) but practical ones. The practical effect of walking from the job is that the subcontractor is put on the defensive. Instead of arguing later that it performed but was not paid, that subcontractor is put in the position of arguing that the general contractor cannot collect its completion related and other damages because it breached first. This is a more intuitively difficult argument and one that is not as strong as the first. Of course, all of this is contingent on the language in your contract (is there a “pay if paid” or language like that in the Indiana case?). Read the court decision
    Read the full story...
    Reprinted courtesy of The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at chrisghill@constructionlawva.com

    Dorian Lashes East Canada, Then Weakens Heading Out to Sea

    September 16, 2019 —
    The storm that already walloped the Virgin Islands, Bahamas and North Carolina lashed at far-eastern Canada with hurricane-force winds for much of Sunday, knocking out power to hundreds of thousands of people before weakening and heading into the North Atlantic. Dorian had hit near the city of Halifax Saturday afternoon, ripping roofs off apartment buildings, toppling a huge construction crane and uprooting trees. There were no reported deaths in Canada, though the storm was blamed for at least 50 elsewhere along its path. Read the court decision
    Read the full story...
    Reprinted courtesy of The Associated Press (Rob Gillies), Bloomberg