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    Tamarac, 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 Tamarac 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

    Tamarac Florida Construction Expert Witness 10/ 10

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

    Tamarac Florida Construction Expert Witness 10/ 10

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

    Tamarac Florida Construction Expert Witness 10/ 10

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

    Tamarac Florida Construction Expert Witness 10/ 10

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

    Tamarac Florida Construction Expert Witness 10/ 10

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

    Tamarac Florida Construction Expert Witness 10/ 10

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

    Tamarac Florida Construction Expert Witness 10/ 10

    Construction Expert Witness News and Information
    For Tamarac Florida

    Construction Defect Bill a Long Shot in Nevada

    Singer Ordered to Deposition in Construction Defect Case

    Insurer's Withheld Discovery Must be Produced in Bad Faith Case

    Strategy for Enforcement of Dispute Resolution Rights

    A Few Green Building Notes

    White and Williams Earns Tier 1 Rankings from U.S. News "Best Law Firms" 2019

    English v. RKK. . . The Rest of the Story

    Hawaii Federal District Rejects Another Construction Defect Claim

    Industry News: New Partner at Burdman Law Group

    Sanctions of $1.6 Million Plus Imposed on Contractor for Fabricating Evidence

    Paycheck Protection Program Forgiveness Requirements Adjusted

    Construction Defects Are Not An Occurrence Under New York, New Jersey Law

    Newmeyer Dillion Announces New Partners

    Building Permits Hit Five-Year High

    Haight Proudly Supports JDC's 11th Annual Bike-A-Thon Benefitting Pro Bono Legal Services

    Sanctions Issued for Frivolous Hurricane Sandy Complaint Filed Against Insurer

    Illinois Law Bars Coverage for Construction Defects in Insured's Work

    Contractor Sues Supplier over Defective Products

    Denver Airport's Renovator Uncovers Potential Snag

    New England Construction Defect Law Groups to Combine

    Courts Take Another Swipe at the Implied Warranty of the Plans and Specifications

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

    Negligence Against a Construction Manager Agent

    The Flood Insurance Reform Act May be Extended to 2016

    Builders Can’t Rely on SB800

    Developer Sues TVA After It Halts Nuke Site Sale

    Road to Record $199 Million Award Began With Hunch on Guardrails

    How is Negotiating a Construction Contract Like Buying a Car?

    Tidal Lagoon Plans Marine Project to Power Every Home in Wales

    L.A. Mixes Grit With Glitz in Downtown Revamp: Cities

    Colorado Senate Bill 15-177: This Year’s Attempt at Reasonable Construction Defect Reform

    Federal Court Finds Occurrence for Faulty Workmanship Under Virginia Law

    Condo Building Hits Highest Share of Canada Market Since 1971

    Top 10 Insurance Cases of 2020

    Home Buyer Disclosures, What’s Required and What Isn’t

    Vegas Hi-Rise Not Earthquake Safe

    MDL Panel Grants Consolidation for One Group of COVID-19 Claims

    Ceiling Collapse Attributed to Construction Defect

    President Trump Nullifies “Volks Rule” Regarding Occupational Safety and Health Administration (OSHA) Recordkeeping Requirements

    UK's Biggest Construction Show Bans 'Promo Girls'

    Potential Extension of the Statutes of Limitation and Repose for Colorado Construction Defect Claims

    CDJ’s #9 Topic of the Year: Nevada Supreme Court Denies Class Action Status in Construction Defect Case

    How A Contractor Saved The Day On A Troubled Florida Condo Project

    NYC Building Explosion Kills Two After Neighbor Reports Gas Leak

    Granting Stay, Federal Court Reviews Construction Defect Coverage in Hawaii

    Rise in Home Building Helps Other Job Sectors

    Additional Insured Not Entitled to Indemnity Coverage For Damage Caused by Named Insured

    Court Rejects Insurer's Argument That Two Triggers Required

    Duke Energy Appeals N.C. Order to Excavate Nine Coal Ash Pits

    Lease-Leaseback Fight Continues
    Corporate Profile


    The Tamarac, 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 Tamarac'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
    Tamarac, Florida

    New York Court Finds Insurers Cannot Recover Defense Costs Where No Duty to Indemnify

    March 01, 2021 —
    In a case of first impression, the Supreme Court of New York, Appellate Division, found the insurer had no right to reimbursement of defense costs paid to defend the insured. Am. W. Home Ins. Co. v. Gjoaj Realty & Mgt. Co., 2020 N.Y. App. Div. LEXIS 8286 (N.Y. App. Div. Dec. 30, 2020). Gjonaj Realty was sued by Viktor Gecaj when he fell from a ladder at the premises managed by Gjonaj Realty. The matter was not tendered to American Western Home Insurance Company until four years after the accident and after a judgment of $900,000 had been entered against Gjonaj Realty after its default. American denied coverage after late notice was given. Thereafter, the Supreme Court in the underling action vacated the default judgment. American then agreed to defend under a reservation of rights. The Appellate Division reversed the vacatur of the default judgment and reinstated the default against the insured. American then advised Gjonaj Realty that it was denying coverage and reserving its right to recover any fees and costs incurred in defending the underlying action. Read the court decision
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    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at

    A Murder in Honduras Reveals the Dark Side of Clean Energy

    October 12, 2020 —
    Berta Cáceres campaigned to stop a renewable energy project, and the long fight turned her into one of Central America’s most prominent environmentalists. She won a prestigious international prize known as the “Green Nobel” for protecting a river, using some of the award money to purchase a modest bungalow in La Esperanza, her hometown in central Honduras. Her activism is also what brought three gunmen to her back door. The men broke into her kitchen around 11:30 p.m. on March 2, 2016. Cáceres heard a noise and called out from her bedroom: “Who’s out there?” Within seconds, a gunman entered her room and shot her dead. Read the court decision
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    Reprinted courtesy of Monte Reel, Bloomberg

    Lane Construction Sues JV Partner Skanska Over Orlando I-4 Project

    February 08, 2021 —
    One of Florida’s most troubled construction projects is now in court, with one partner in a design-build joint venture pitted against another. Reprinted courtesy of Scott Judy, Engineering News-Record Mr. Judy may be contacted at Read the full story... Read the court decision
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    Reprinted courtesy of

    AB 685 and COVID-19 Workplace Exposure: New California Notice and Reporting Requirements of COVID Exposure Starting January 1, 2021

    February 01, 2021 —
    SUMMARY Effective January 1, 2021, a new California law requires employers to notify employees about possible or known exposure to COVID-19 at the workplace. The law requires actual notification to employees within one day. In addition, the law requires notifications to local public health authorities of a COVID-19 outbreak. The law also gives Cal/OSHA a new emergency police power to issue Orders Prohibiting Use (“OPU”), permitting Cal/OSHA to close workplaces that constitute an imminent hazard to employees due to COVID-19. ANALYSIS AND GUIDANCE On January 1, 2021, a new California law took effect, which will enforce stringent new mandatory protocols governing notification of employees of COVID-19 exposures in the workplace. Until now, federal agencies such as the Occupational Safety and Health Administration (“OSHA”) and state agencies such as the California Division of Occupational Safety and Health Administration (“Cal/OSHA”) have released guidance to help employers navigate employee training, workplace surveillance and temperature-taking, among many other issues, that have arisen during the COVID-19 pandemic. Beginning January 1st, the new law places mandatory notice requirements of COVID-19 contact on all public and private employers under Labor Code Section 6409.6, with two exceptions: (1) health facilities, as defined in Section 1250 of the Health and Safety Code and (2) employees whose regular duties include COVID-19 testing or screening, or who provide patient care to individuals who are known or suspected to have COVID-19. Reprinted courtesy of Sewar K. Sunnaa, Peckar & Abramson, P.C. and Nathan A. Cohen, Peckar & Abramson, P.C. Ms. Sunnaa may be contacted at Mr. Cohen may be contacted at Read the court decision
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    Reprinted courtesy of

    Changes in the Law on Lien Waivers

    November 16, 2020 —
    Among many things to look forward to in 2021, we can add a new lien law to the list. Effective January 1, 2021, Georgia’s Lien Statute will be modified so that lien waivers and releases are limited to “waivers and releases of lien and labor or material bond rights and shall not be deemed to affect any other rights or remedies of the claimant.” O.C.G.A. 44-14-366(a). This would mean that lien waivers only waive lien or bond rights and do not waive contractual rights to collect payment. The new law is in reaction to a decision from the Georgia Court of Appeals in ALA Constr. Servs., LLC v. Controlled Access, Inc., 351 Ga. App. 841 (2019). In that case, a contractor signed an interim lien waiver at the time it submitted an invoice. The contractor did not receive payment, and it failed to timely record an affidavit of non-payment or a claim of lien. Subsequently, the contractor filed suit for breach of contract. The Georgia Court of Appeals held that the statutory form lien waiver was binding against the parties “for all purposes” and not just the purpose of preserving the right to file a lien. By such sweeping logic, the contractor’s breach of contract claim was denied. Read the court decision
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    Reprinted courtesy of Alan Paulk, Autry, Hall & Cook, LLP
    Mr. Paulk may be contacted at

    Powering Goal Congruence in Construction Through Smart Contracts

    February 22, 2021 —
    The $814 billion U.S. commercial construction market requires a unique assembly of designers, contractors, subcontractors and suppliers to work together in a highly orchestrated manner to make sure that the right labor, material, equipment, tools and information all comes together at the right place and time. Alignment and coordination between companies is critical for a project to be successful; completed safely, on time, on budget and resulting in an asset that performs as designed. Yet the industry is slowed by an operating model bogged down by transactional and informational barriers that destroys value across the construction supply chain. Companies are connected through contracts and purchase orders that are undercut by mistrust that yields adversarial relationships and conflicting priorities that result in restricted transparency, elongated payment cycles and an abundance of resource-sucking reconciliations, audits and disputes. With margins already razor thin, company protectionism cascades down from owners, developers and operators to contractors, subcontractors and suppliers with each player focused on optimizing their piece at the expense of the whole. Perhaps this is part of the reason 98% of megaprojects experience cost overruns or delays, 95% of projects are unable to meet even one business objective; and 70% of all construction projects are not completed within 10% of the proposed budget. Reprinted courtesy of Michael Matthews, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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    The Coverage Fun House Mirror: When Things Are Not What They Seem

    December 14, 2020 —
    When it comes to commercial general liability coverage, sometimes things are not what they seem. Some policy language looks like it has a clear meaning. But it turns out that there is more than meets the eye. To see this, you need not look further than the first page of the commercial general liability form. Take its insuring agreement. Its words are by now etched in stone tablets. But even so. Any potential coverage is tied, in part, to damages because of “bodily injury.” Everyone knows what “bodily injury” is. The blood and broken bones are hard to miss. But is emotional injury bodily injury? Or what about hair loss, weight loss, fragile fingernails, loss of sleep, crying or a knot in your stomach? Courts have been required to address whether all of these are “bodily injury.” And was that “bodily injury” caused by an “occurrence?” as required by the CGL insuring agreement? An “occurrence” is defined as an accident. Of course everyone knows what an accident is. Then why is it the oldest and most litigated coverage question of them all, with courts struggling with it for about 150 years? Read the court decision
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    Reprinted courtesy of Randy J. Maniloff, White and Williams LLP
    Mr. Maniloff may be contacted at

    Industry Groups Decry Jan. 6 Riot; DOT Chief Chao Steps Down in Protest

    January 11, 2021 —
    Industry and business groups and labor unions universally denounced the actions of rioters who broke into the U.S. Capitol on Jan. 6, with statements going as far as calling for President Donald Trump to step down but others taking a more measured response. Reprinted courtesy of Aileen Cho, Engineering News-Record and Pam Radtke Russell, Engineering News-Record Ms. Cho may be contacted at Ms. Russell may be contacted at Read the full story... Read the court decision
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    Reprinted courtesy of