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    Construction Expert Witness Builders Information
    Satellite Beach, 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 Satellite Beach Florida

    Commercial and Residential Contractors License Required.


    Construction Expert Witness Contractors Building Industry
    Association Directory
    Home Builders & CA of Brevard
    Local # 1012
    1500 W Eau Gallie Blvd Ste A
    Melbourne, FL 32935

    Satellite Beach Florida Construction Expert Witness 10/ 10

    Polk County Builders Association
    Local # 1028
    2232 Heritage Dr
    Lakeland, FL 33801

    Satellite Beach Florida Construction Expert Witness 10/ 10

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

    Satellite Beach Florida Construction Expert Witness 10/ 10

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

    Satellite Beach Florida Construction Expert Witness 10/ 10

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

    Satellite Beach Florida Construction Expert Witness 10/ 10

    Home Builders Association of Lake County
    Local # 1026
    1100 N Joanna Ave
    Tavares, FL 32778

    Satellite Beach Florida Construction Expert Witness 10/ 10

    Citrus Cty Bldr Assn
    Local # 1006
    1196 S Lecanto Hwy
    Lecanto, FL 34461

    Satellite Beach Florida Construction Expert Witness 10/ 10


    Construction Expert Witness News and Information
    For Satellite Beach Florida


    Construction Law- Where Pragmatism and Law Collide

    Google, Environmentalists and University Push Methane-Leak Detection

    Newmeyer & Dillion Appoints Partner Carol Zaist as General Counsel

    Why You Make A Better Wall Than A Window: Why Policyholders Can Rest Assured That Insurers Should Pay Legal Bills for Claims with Potential Coverage

    Brooklyn’s Industry City to Get $1 Billion Modernization

    Insurance Law Client Alert: California Appeals Court Refuses to Apply Professional Services Exclusion to Products-Completed Operations Loss

    Australian Developer Denies Building Problems Due to Construction Defects

    WSHB Ranks No.10 in Law360’s Best of Law Firms for Women

    Vacation Rentals: Liability of the Owner for Injury Suffered by the Renter

    California Builders’ Right To Repair Is Alive

    Federal Government Partial Shutdown – Picking Up the Pieces

    Equipment Costs? It’s a Steal!

    Construction Defects #10 On DBJ’s Top News Stories of 2015

    Underpowered AC Not a Construction Defect

    Wildfires Threaten to Make Home Insurance Unaffordable

    BHA Has a Nice Swing: Firm Supports NCHV and Final Salute at 2017 WCC Seminar

    City and Contractor Disclaim Responsibility for Construction Error that Lead to Blast

    Micropiles for bad soil: a Tarheel victory

    Plans Go High Tech

    U.S. Stocks Fall as Small Shares Tumble Amid Home Sales

    What is the Implied Warranty of Habitability?

    Plan Ahead for the Inevitable Murphy’s Law Related Accident

    Summary Findings of the Fourth National Climate Assessment

    Another Reason to Love Construction Mediation (Read: Why Mediation Works)

    No Occurrence Where Contract Provides for Delays

    California Court of Appeal Makes Short Work Trial Court Order Preventing Party From Supplementing Experts

    Philadelphia Revises Realty Transfer Tax Treatment of Acquired Real Estate Companies

    Ongoing Operations Exclusion Bars Coverage

    UK Construction Defect Suit Lost over One Word

    Delay In Noticing Insurer of Loss is Not Prejudicial

    Nevada Supreme Court Reverses Decision against Grader in Drainage Case

    Construction Defects and Commercial General Liability in Illinois

    Arizona Purchaser Dwelling Actions Are Subject to a New Construction

    Building Codes Evolve With High Wind Events

    Insurer Granted Summary Judgment on Faulty Workmanship Claim

    Third Circuit Limits Pennsylvania’s Kvaerner Decision; Unexpected and Unintended Injury May Constitute an “Occurrence” Under Pennsylvania Law

    ISO Proposes New Designated Premises Endorsement in Response to Hawaii Decision

    Will Colorado Pass a Construction Defect Reform Bill in 2016?

    Trial Court's Award of Contractual Fees to Public Adjuster Overturned

    Georgia Court Reaffirms Construction Defect Decision

    Litigation Counsel of America Honors Partner Victor Anderson with Peter Perlman Award

    New Jersey Senate Advances Bad Faith Legislation

    Construction Defect Settlement in Seattle

    The “Up” House is “Up” for Sale

    Oregon Bridge Closed to Inspect for Defects

    A “Supplier to a Supplier” on a California Construction Project Sometimes Does Have a Right to a Mechanics Lien, Stop Payment Notice or Payment Bond Claim

    Allegations of Actual Property Damage Necessary to Invoke Duty to Defend

    Nine Firm Members Recognized as Super Lawyers or Rising Stars

    Las Vegas HOA Conspiracy & Fraud Case Delayed Again

    Insurance Law Alert: California Supreme Court Limits Advertising Injury Coverage for Disparagement
    Corporate Profile

    SATELLITE BEACH FLORIDA CONSTRUCTION EXPERT WITNESS
    DIRECTORY AND CAPABILITIES

    The Satellite Beach, 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 Satellite Beach'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
    Satellite Beach, Florida

    MTA Debarment Update

    December 02, 2019 —
    Alliance for Fair and Equitable Contracting Today, Inc., a nonprofit formed by five trade associations, including the GCA, the BTEA and the NY Building Congress, has sued the Metropolitan Transportation Authority over rules that debar contractors for delays and cost overruns on MTA projects without regard to the reasons for the delays and cost overruns. As described in our prior client alert (see here), the current rules automatically debar firms that are determined to have gone over the MTA approved contract price or time by more than 10%. The rules do not consider mitigating circumstances. Delays and cost overruns are often caused by unforeseen conditions, design errors and omissions, and changes requested by the MTA. The MTA’s rules could lead contractors to absorb additional costs they shouldn’t be responsible for rather than face the risk of being debarred. As argued in Alliance’s action, “Debarment is the death penalty for a public works contractor, and not just in New York. A debarment by the MTA could result in debarment nationwide, given that public and private contractors throughout the country commonly inquire about bidders’ debarment history when considering project bids. The Debarment Statute and MTA Regulations thus effectively export an unreasonable law not only throughout New York State, but to all other states as well.” Reprinted courtesy of Saxe Doernberger & Vita, P.C. attorneys Steven M. Charney, Gregory H. Chertoff and Paul Monte Mr. Charney may be contacted at scharney@pecklaw.com Mr. Chertoff may be contacted at gchertoff@pecklaw.com Mr. Monte may be contacted at pmonte@pecklaw.com Read the court decision
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    Newmeyer Dillion Attorneys Selected To The Best Lawyers In America© And Orange County "Lawyer Of The Year" 2020

    September 03, 2019 —
    Prominent business and real estate law firm Newmeyer Dillion is pleased to announce that ten of the firm's attorneys were recently recognized in their respective practice areas in The Best Lawyers in America© 2020. In addition, two attorneys have been named Best Lawyers ® 2020 "Lawyer of the Year." Greg Dillion was recognized by Best Lawyers as the 2020 Construction Law "Lawyer of the Year" award winner, while Thomas Newmeyer was recognized by Best Lawyers as the 2020 Litigation - Real Estate "Lawyer of the Year" award winner. Attorneys named to The Best Lawyers in America, include: Jason Moberly Caruso Personal Injury Litigation – Plaintiffs, Product Liability Litigation – Plaintiffs Michael S. Cucchissi Real Estate Law Jeffrey M. Dennis Insurance Law Gregory L. Dillion Commercial Litigation, Construction Law, Insurance Law, Litigation – Construction, Litigation - Real Estate Joseph A. Ferrentino Litigation – Construction, Litigation - Real Estate Jon Janecek Real Estate Law Thomas F. Newmeyer Commercial Litigation, Litigation - Real Estate John O'Hara Litigation – Construction Bonnie T. Roadarmel Insurance Law Jane Samson Real Estate Law Newmeyer Dillion is immensely proud of our lawyers, whose consistent recognition demonstrates their contributions to the firm, our clients and the legal profession. With a history of over 35 years, Best Lawyers is the oldest peer review publication within the legal profession. Universally regarded as the definitive guide to legal excellence, Best Lawyers lists are compiled based on an exhaustive peer-review evaluation in which leading lawyers confidentially evaluate their professional peers. Their listings are published in 77 countries worldwide and are recognized for their reliable and unbiased selections. Only one lawyer for each specialty and location is recognized as the "Lawyer of the Year," an award given to the individual with the highest overall peer-feedback for a specific practice area and geographic region. About Newmeyer Dillion For 35 years, Newmeyer Dillion has delivered creative and outstanding legal solutions and trial results that align with the business objectives of clients in diverse industries. With over 70 attorneys working as an integrated team to represent clients in all aspects of business, employment, real estate, privacy & data security and insurance law, Newmeyer Dillion delivers tailored legal services to propel clients' business growth. Headquartered in Newport Beach, California, with offices in Walnut Creek, California and Las Vegas, Nevada, Newmeyer Dillion attorneys are recognized by The Best Lawyers in America©, and Super Lawyers as top tier and some of the best lawyers in California and Nevada, and have been given Martindale-Hubbell Peer Review's AV Preeminent® highest rating. For additional information, call 949.854.7000 or visit www.newmeyerdillion.com. Read the court decision
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    Insurers Subrogating in Arkansas Must Expend Energy to Prove That Their Insureds Have Been Made Whole

    July 30, 2019 —
    Arkansas employs the “made whole” doctrine, which requires an insured to be fully compensated for damages (i.e., to be “made whole”) before the insurer is entitled to recover in subrogation.[1] As the Riley court established, an insurer cannot unilaterally determine that its insured has been made whole (in order to establish a right of subrogation). Rather, in Arkansas, an insurer must establish that the insured has been made whole in one of two ways. First, the insurer and insured can reach an agreement that the insured has been made whole. Second, if the insurer and insured disagree on the issue, the insurer can ask a court to make a legal determination that the insured has been made whole.[2] If an insured has been made whole, the insurer is the real party in interest and must file the subrogation action in its own name.[3] However, when both the insured and an insurer have claims against the same tortfeasor (i.e., when there are both uninsured damages and subrogation damages), the insured is the real party in interest.[4] In EMC Ins. Cos. v. Entergy Ark., Inc., 2019 U.S. App. LEXIS 14251 (8th Cir. May 14, 2019), EMC Insurance Companies (EMC) filed a subrogation action in the District Court for the Western District of Arkansas alleging that its insureds’ home was damaged by a fire caused by an electric company’s equipment. EMC never obtained an agreement from the insureds or a judicial determination that its insureds had been made whole. In addition, EMC did not allege in the complaint that its insureds had been made whole and did not present any evidence or testimony at trial that its insureds had been made whole. After EMC presented its case-in-chief, the District Court ruled that EMC lacked standing to pursue its subrogation claim because “EMC failed to obtain a legal determination that its insureds had been made whole . . . prior to initiating this subrogation action.” Thus, the District Court granted Entergy Ark., Inc.’s motion for judgment as a matter of law and EMC appealed the decision. Read the court decision
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    Reprinted courtesy of Michael J. Ciamaichelo, White and Williams LLP
    Mr. Ciamaichelo may be contacted at ciamaichelom@whiteandwilliams.com

    Three lawyers from Haight were recognized in The Best Lawyers in America© 2020 Edition

    September 30, 2019 —
    Congratulations to Haight’s attorneys who were recognized in The Best Lawyers in America© 2020 Edition Los Angeles, California William G. Baumgaertner for personal injury and product liability litigation for plaintiffs and defendants Michael Leahy for insurance law Denis Moriarty for insurance law Reprinted courtesy of Haight Brown & Bonesteel attorneys William G. Baumgaertner, Michael Leahy and Denis J. Moriarty Mr. Baumgaertner may be contacted at wbaum@hbblaw.com Mr. Leahy may be contacted at mleahy@hbblaw.com Mr. Moriarty may be contacted at dmoriarty@hbblaw.com Read the court decision
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    Newmeyer Dillion Named 2020 Best Law Firm in Multiple Practice Areas by U.S. News-Best Lawyers

    November 24, 2019 —
    Prominent business and real estate law firm Newmeyer Dillion is pleased to announce that U.S. News-Best Lawyers® has recognized the firm in its 2020 "Best Law Firms" rankings, with six of its practice areas earning the highest ranking possible - Tier 1 in the Orange County Metro area. The practices recognized include Commercial Litigation, Construction Law, Insurance Law, Litigation - Construction, Litigation - Real Estate and Real Estate Law. Firms included in the 2020 "Best Law Firms" list have been recognized by their clients and peers for their professional excellence. Firms achieving a Tier 1 ranking have consistently demonstrated a unique combination of quality law practice and breadth of legal expertise. “We are grateful that the firm’s clients and our peers again recognize our personalized approach to legal service. We strive to provide creative solutions that propel our clients’ businesses forward,” said Managing Partner Paul Tetzloff. To be eligible for the “Best Law Firms” ranking, a firm must have at least one attorney recognized in the current edition of The Best Lawyers in America for a specific practice area. Best Lawyers recognizes the top 4 percent of practicing attorneys in the U.S., selected through exhaustive peer-review surveys in which leading lawyers confidentially evaluate their professional peers. ABOUT NEWMEYER DILLION For 35 years, Newmeyer Dillion has delivered creative and outstanding legal solutions and trial results for a wide array of clients. With over 70 attorneys practicing in all aspects of corporate, privacy & data security, employment, real estate, construction, insurance law and trial work, Newmeyer Dillion delivers legal services tailored to meet each client’s needs. Headquartered in Newport Beach, California, with offices in Walnut Creek, California and Las Vegas, Nevada, Newmeyer Dillion attorneys are recognized by The Best Lawyers in America©, and Super Lawyers as top tier and some of the best lawyers in California, and have been given Martindale-Hubbell Peer Review's AV Preeminent® highest rating. For additional information, call 949.854.7000 or visit www.newmeyerdillion.com Read the court decision
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    Quick Note: Not In Contract With The Owner? Serve A Notice To Owner.

    August 13, 2019 —
    A subcontractor or supplier not in direct contract with an owner must serve a Notice to Owner within 45 days of initial furnishing to preserve construction lien rights. Of course, the notice of commencement should be reviewed to determine whether the subcontractor or supplier has construction lien or payment bond rights so that it knows how to best proceed in the event of nonpayment. Serving a Notice to Owner should be done as a matter of course — a standard business operation; no exceptions. Read the court decision
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    Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
    Mr. Adelstein may be contacted at dma@kirwinnorris.com

    Miller Act Bond Claims Subject to “Pay If Paid”. . . Sometimes

    November 04, 2019 —
    The Federal Miller Act is a great tool that subcontractors and suppliers on Federal projects can use for collection of wrongfully withheld amounts due. However, as a recent federal case from the Eastern District of Virginia points out, the construction contract’s terms affect when a subcontractor or supplier can use this great collection tool and how much it can recover. In Aarow v Travelers the Court looked at the interaction between a typical termination clause, a “pay when paid” clause, and the Miller Act. The key facts are these. The general contractor on the project at issue, Syska, did not get paid some disputed amounts by the owner and subsequently did not pay Aarow, the plaintiff and a subcontractor on the project. Aarow then refused to continue work and was terminated by Syska who then took over the completion of the work. Aarow sued, seeking damages for the value of its work prior to the termination. Travellers, the surety defended stating that, if Aarow was properly terminated for cause by Syska, then Aarow was not entitled to payment under the contract until such time as the work was completed and accepted by the owner. The termination clauses are set out in the linked opinion. The Court agreed with Travelers, stating that the pay when paid clause created a situation whereby Aarow could not stop work merely because of a non-payment by Syska attributed to non-payment by the owner. The Court was clear in stating that the Miller Act trumps “pay when paid” in instances where the only cause for non-payment is non-payment by an owner. The Court then reasoned that it is the interaction between the termination and “pay when paid” provisions, and not the “pay when paid” clause itself, that exonerated Travelers because it created the default by Aarow due to its refusal to continue work. In short, Aarow was properly terminated for cause because it left the job without justification and therefore Travelers was not liable. Read the court decision
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    Reprinted courtesy of The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at chrisghill@constructionlawva.com

    John O’Meara is Selected as America’s Top 100 Civil Defense Litigators

    December 02, 2019 —
    Bremer Whyte Brown & O’Meara, LLP is proud to announce that Partner John V. O’Meara has been selected as a member of America’s Top 100 Civil Defense Litigators. This invitation resulted from a national selection process and is intended to honor the best defense attorneys in the Country. Mr. O’Meara was selected to join a group of lawyers which include past and current state bar presidents, national ABOTA Presidents, ABOTA Masters in Trial and International Academy of Trial Lawyer presidents. Read the court decision
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    Reprinted courtesy of John O'Meara, Bremer Whyte Brown & O'Meara, LLP
    Mr. O'Meara may be contacted at jomeara@bremerwhyte.com