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    Bascom, 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 Bascom 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
    http://www.tricountyhba.com

    Tallahassee Builders Association Inc
    Local # 1064
    1835 Fiddler Court
    Tallahassee, FL 32308
    http://www.tallyba.com

    Building Industry Association of Okaloosa-Walton Cos
    Local # 1056
    1980 Lewis Turner Blvd
    Fort Walton Beach, FL 32547
    http://www.biaow.org

    Home Builders Association of West Florida
    Local # 1048
    4400 Bayou Blvd Suite 45
    Pensacola, FL 32503
    http://www.westfloridabuilders.com

    Florida Home Builders Association (State)
    Local # 1000
    PO Box 1259
    Tallahassee, FL 32302
    http://www.fhba.com

    Columbia County Builders Association
    Local # 1007
    PO Box 7353
    Lake City, FL 32055
    http://www.buildcolumbiacounty.com

    Northeast Florida Builders Association
    Local # 1024
    103 Century 21 Dr Ste 100
    Jacksonville, FL 32216
    http://www.nefba.com


    Construction Expert Witness News and Information
    For Bascom Florida

    Avoiding Lender Liability for Credit-Related Actions in California

    How One Squirrel Taught us a Surprising Amount about Insurance Investigation Lessons Learned from the Iowa Supreme Court

    Appeal of an Attorney Disqualification Order Results in Partial Automatic Stay of Trial Court Proceedings

    Pennsylvania Considers Changes to Construction Code Review

    Safety Versus a False Sense of Security: Challenges to the Use of Construction Cranes

    Don’t Overlook Leading Edge Hazards

    Time to Repair Nevada’s Construction Defect Laws?

    The Future of Construction Tech Is Decision Tech

    Court Rejects Efforts to Limit Scope of Judgment Creditor’s Direct Action Under Insurance Code Section 11580

    Whose Lease Is It Anyway: Physical Occupancy Not Required in Landlord-Tenant Dispute

    The Burden of Betterment

    Approaches to Managing Job Site Inventory

    Denver’s Mayor Addresses Housing and Modifying Construction Defect Law

    Homeowners Must Comply with Arbitration over Construction Defects

    New York Court of Appeals Finds a Proximate Cause Standard in Additional Insured Endorsements

    U.S. Tornadoes, Hail Cost Insurers $1 Billion in June

    Businesspeople to Nevada: Revoke the Construction Defect Laws

    Impaired Property Exclusion Bars Coverage When Loose Bolt Interferes with MRI Unit Operation

    Is Your Design Professional Construction Contract too Friendly? (Law Note)

    Consequential Damages Flowing from Construction Defect Not Covered Under Florida Law

    New Jersey Law Firm Sued for Malpractice in Construction Defect Litigation

    California Enacts New Claims Resolution Process for Public Works Projects

    Insurer Must Defend and Indemnify Construction Defect Claims Under Iowa Law

    Nevada Bill Would Bring Changes to Construction Defects

    Hundreds of Snakes Discovered in Santa Ana Home

    HOA Has No Claim to Extend Statute of Limitations in Construction Defect Case

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

    Possible Real Estate and Use and Occupancy Tax Relief for Philadelphia Commercial and Industrial Property Owners

    Colorado Court of Appeals Finds Damages to Non-Defective Property Arising From Defective Construction Covered Under Commercial General Liability Policy

    With VA Mechanic’s Liens Sometimes “Substantial Compliance” is Enough (but don’t count on it)

    Hawaii Supreme Court Tackles "Other Insurance" Issues

    Second Month of US Construction Spending Down

    Broker Not Liable for Failure to Reveal Insurer's Insolvency After Policy Issued

    Florida trigger

    Fed Inflation Goal Is Elusive as U.S. Rents Stabilize: Economy

    Fire Tests Inspire More Robust Timber Product Standard

    Remodels Replace Construction in Redding

    Scary Movie: Theatre Developer Axed By Court of Appeal In Prevailing Wage Determination Challenge

    Don’t Kick the Claim Until the End of the Project: Timely Give Notice and Preserve Your Claims on Construction Projects

    City Sues over Leaking Sewer System

    Recent Bad Faith Decisions in Florida Raise Concerns

    California Builders’ Right To Repair Is Alive

    Jobsite Safety Should Be Every Contractors' Priority

    Damage to Plaintiffs' Home Caused By Unmoored Boats Survives Surface Water Exclusion

    ARUP, Rethinking Green Infrastructure

    Harrisburg Sought Support Before Ruinous Incinerator Retrofit

    Should CGL Insurer have Duty to Defend Insured During Chapter 558 Notice of Construction Defects Process???

    California Court of Appeals Says, “We Like Eich(leay)!”

    Nationwide Immigrant Strike May Trigger Excusable Delay and Other Contract Provisions

    Dealing with Hazardous Substances on the Construction Site
    Corporate Profile

    BASCOM FLORIDA CONSTRUCTION EXPERT WITNESS
    DIRECTORY AND CAPABILITIES

    Drawing from more than four thousand construction related expert witness designations, the Bascom, Florida Construction Expert Directory delivers a wide range of trial support and consulting services to legal professionals and construction practice groups seeking effective resolution of construction defect and claims matters. BHA provides construction related litigation support and expert witness services to widely recognized construction practice groups, Fortune 500 builders, CGL carriers, owners, as well as a variety of public entities. Utilizing in house assets which comprise construction cost and scheduling experts, registered design professionals, forensic engineers, certified professional estimators, the firm brings regional experience and flexible capabilities to the Bascom construction industry.

    Bascom Florida multi family design expert witnessBascom Florida concrete expert witnessBascom Florida hospital construction expert witnessBascom Florida architect expert witnessBascom Florida building code compliance expert witnessBascom Florida soil failure expert witnessBascom Florida architectural expert witness
    Construction Expert Witness News & Info
    Bascom, Florida

    Proving Impacts to Critical Path to Defeat Liquidated Damages Assessment

    December 16, 2019 —
    When a contractor is staring down the barrel of an owner’s assessment of liquidated damages, the burden will fall on the contractor to establish that the delay was attributable to the owner and the owner’s agents. The contractor will want to do this not only to defeat the assessment of liquidated damages, but because it will want to establish that the delay caused it to incur extended field overhead (general conditions) for which the owner is responsible. A contractor supports its burden by proving the impacts to its critical path. “In general, proving an allegation of government-caused delays without a means of showing the critical path is a steep prospect.” James Talcott Construction v. U.S., 2019 WL 1040383, *8 (Fed. Cl. 2019) (unreported opinion) (finding that because contractor did NOT present a critical path analysis it could not support its claim for delay caused by the government). Avoiding the assessment of liquidated damages means the contractor needs to support that it encountered excusable delay and it is/was entitled to an extension of time to complete the project. 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

    Helsinki Stream City: A Re-imagining Outside the System

    August 13, 2019 —
    Modern man lives under the illusion of being the most intelligent being out there. This is the paradox of human nature; we all want to make the best decisions with the knowledge we have at any given time, but on the other hand, our thinking is largely based on how our ancestors organized the world in their time. Possibly the most tangible example of this in our everyday lives is infrastructure. While there seems to be plenty of candidates offering new solutions to the already existing urban environment, there are not that many looking to challenge the current urban order. Cities are full of talk—but who walks the walk? Re-imagining Urban Environments Olli Hakanen, a long-term specialist in re-imagining workspaces and urban environments, has an extensive background in both architecture and consultancy. His latest venture, Respace, aims to address how urban environments are being developed to better suit the needs of their residents as well as the environment. According to the ideology behind Respace, instead of always building something new, often all that is needed is a re-thinking. Read the court decision
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    Reprinted courtesy of Jenni Ripatti, AEC Business
    AEC Business may be contacted at info@aec-business.com

    Crews Tested By Rocky Ground, Utility Challenges

    September 03, 2019 —
    Problematic utility locations and difficult ground conditions required the project team to develop innovative solutions on the University of Texas at San Antonio’s $95-million Science and Engineering Building. Reprinted courtesy of Louise Poirier, Engineering News-Record Ms. Poirier may be contacted at poirierl@enr.com Read the court decision
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    Reprinted courtesy of

    Don’t Waive Too Much In Your Mechanic’s Lien Waiver

    December 22, 2019 —
    In the past few years, the Virginia General Assembly has, with certain caveats, precluded pre-furnishing waiver of mechanic’s lien rights. While this essentially outlawed the types of mechanic’s lien waiver clauses that pervaded construction contracts in Virginia, the key to the previous sentence is “pre-furnishing.” What the General Assembly left intact were the usual waivers of mechanic’s lien rights typically required to be provided to Owners and others in the payment chain in exchange for payment. These lien waivers come in a few “flavors” from conditional to unconditional, partial to full. Their terms usually include an acknowledgement of receipt of payment (we’ll get to this later), and a statement that the one seeking payment knows of no possible claims by lower tier subcontractors and then waives all mechanic’s lien rights against the property for work performed and included in the request for payment. Often over my years as a Virginia construction attorney, I have noticed that these waivers are often signed without comment or review. They are just part of the process and more often than not are not even an issue for most projects. Of course, if they are an issue they can be a big one, and their terms can come back to bite a claimant that has not properly vetted them. The first potential issue is waiving lien rights while acknowledging receipt prior to actual receipt of the check or wire. Many of the waiver forms that are out there list a payment amount, or possibly simply state that the waiver is in exchange for some small payment, and then state “receipt of which is acknolwedged” or something similar. The issue here is that receipt may not have happened yet because these lien waivers are submitted as part of the payment package in order to get paid in the first place. In short, should you sign the waiver prior to payment, you may have acknowledged a non-event and in the event of non-payment have a written document stating that you waived your claim to a lien for that money. What a court would do with this, I am unsure, but why risk it? My advice, be sure your waiver is contingent on actual clearance of payment as well as receipt. 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

    Five LEED and Green Construction Trends to Watch in 2020

    January 27, 2020 —
    To succeed in any field, you can never stop learning—especially in the green construction industry where standards and technology are always growing and changing. Here are a few of the exciting trends in LEED certification and green construction learned about during this year’s Greenbuild International Conference and Expo, which is the largest annual event for green building professionals in the world. 1. More Transparency About Products In 2020, the product sustainability information provided by manufacturers will continue becoming more transparent and accessible. Manufacturers are coming to the table and presenting more useful information on environmental and health impacts, conducting life cycle analyses and making the information available for the design and construction marketplace. Although this means even more information for construction and design teams to take into account when planning green construction projects, it’s a definite positive. We’re starting to see the actual environmental performance getting taken into account in product specification. Reprinted courtesy of Tommy Linstroth, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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    Reprinted courtesy of

    World’s Biggest Crane Gets to Work at British Nuclear Plant

    October 07, 2019 —
    The world’s largest crane is getting ready to hoist more than 700 of the heaviest pieces of the first new nuclear plant being built in Britain in decades. The machine, affectionately known as “Big Carl” after an executive at Belgian owner Sarens NV, is in place at Electricite de France SA’s 19.6 billion-pound ($24.1 billion) Hinkley Point C project in southwest England. It can carry as much as 5,000 tons, or the same weight as 1,600 cars, in a single lift and arrived on 280 truck loads from Belgium. It has taken about three months to build. Nuclear power makes up about a fifth of Britain’s electricity. Most of those plants are near the end of their lives and will close in the next decade. Replacing them won’t be easy—as the scale of the project shows. Earlier this year, EDF poured 9,000 cubic meters of cement, the biggest single biggest pour of concrete ever recorded in Britain. It was reinforced by 5,000 tons of steel built into a nest 4 meters high that’ll serve as the base of the first new reactor in the U.K. since 1995. Read the court decision
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    Reprinted courtesy of Jeremy Hodges, Bloomberg

    Texas Walks the Line on When the Duty to Preserve Evidence at a Fire Scene Arises

    October 14, 2019 —
    The extent to which a loss scene can be altered before adversaries can legitimately cry spoliation has long been a mysterious battleground in the world of subrogation. In the case of In re Xterra Constr., LLC, No. 10-16-00420-CV, 2019 Tex. App. LEXIS 3927 (Tex. App. – Waco, May 15, 2019), the Court of Appeals of Texas, Tenth District, addressed the question of when a party has a duty to preserve evidence. The court found that the trial court abused its discretion in imposing sanctions on the defendants for the spoliation of evidence as the evidence at issue was already gone by the time the defendants knew or reasonably should have known there was a substantial chance a claim would be filed against them. In this matter, Xterra Construction, LLC, Venturi Capital, Inc. d/b/a Artisan Cabinets and Keith D. Richbourg (collectively, Xterra) leased a commercial space from building owners Daniel Hull and William H. Beazley, Jr. (collectively, Hull) to be used as a woodworking and cabinet making warehouse. On October 18, 2014, there was a fire at the warehouse. By October 20, 2014, Xterra informed its insurance carrier, Cincinnati Insurances Companies (“Cincinnati”) of the loss and Cincinnati’s adjuster, Leann Williams (Williams), met with Keith D. Richbourg (Richbourg) at the site. Williams also hired expert Jim Reil (Reil) to inspect the fire scene to perform a cause and origin investigation. The next day, Williams informed Hull’s attorney that Reil would inspect the scene on October 23, 2014. Hulls attorney, however, did not send anyone to the scene to participate in the inspection. Read the court decision
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    Reprinted courtesy of Lian Skaf, White and Williams LLP
    Mr. Skaf may be contacted at skafl@whiteandwilliams.com

    How To Lock Disputes Out Of Your Project In Construction

    July 22, 2019 —
    Disputes are seen as one of the main threats for the successful completion of a project in construction. There is a plethora of factors which could lead to a construction dispute (e.g. contracts, behavior, environment) but, strangely enough, the industry seems to invest more attention on the resolution of a conflict instead of its prevention. Thanks to the progress that digital technologies have witnessed during the last few years, there is a good chance that things in construction will change for the better soon. The ability to exchange crucial updates in real time, while keeping a detailed record of everything that happens on the field adds an extra level of protection to your project and ensures that all agents are on the same page. In an effort to shed some light on the issue of construction disputes, we present below four tips that could help your team to lock conflicts out of your project: 1. Standardize your processes Before you kickstart your project, it is of paramount importance that you standardize all your systems and processes. In that way, you will be able to add extra clarity to your workflow and eliminate misunderstandings. Once you have achieved that, you can replicate the same process to your future projects. The more you manage to repeat the same project structure the better your team will become in completing their tasks without ending up in any kind of conflict. In that sense, standardization could be a long-term investment for your organization. 2. Go digital As soon as your processes are defined, it is time for the digital journey to begin. Finding the right tool for your project will result in a streamlined construction process where all the members of the team are on the same page without any room for costly mistakes or disagreements. Furthermore, with the help of digital solutions it becomes easier for project managers to measure the performance on site and monitor the completion of the set benchmarks. Like that, all payments will be on time and the program of the project will reflect reality. 3. Be extra careful with the contracts A poorly-written contract can have a big impact on the effort to lock disputes out of your construction project. While putting together a new contract, you should always make sure that you have taken into account all the different scenarios for your project. Either that is a delay due to weather conditions or an accident on site everything should be described in detail in the contracts and be well understood by those in charge. In any other case, things can get a bit risky and a costly dispute might wait to happen. 4. Hold regular meetings with all stakeholders Last but certainly not least, meet regularly with all project stakeholders. The frequent contact with the different members of your team will allow you to discuss and resolve any problematic situations before they grow out of proportion. What is more, regular meetings will help both your field teams and the people in the office to remain aligned and will eliminate the possibility of having people working on outdated versions of the program. Of course, these meetings don’t need to be time-consuming or even in person. With the help of technology, you can keep these meetings short and to the point. In that manner, everybody involved will be able to get the most out of them. Final word All in all, it becomes clear that locking disputes out of your project in construction requires continuous work and a carefully-elaborated plan. Thankfully, the emergence and progress of digital solutions have made this process much easier contributing significantly to the development of the industry far from disputes and project misunderstandings. About the author: Anastasios Koutsogiannis is Content Marketing Manager at LetsBuild. Read the court decision
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    Reprinted courtesy of Anastasios Koutsogiannis, LetsBuild