BERT HOWE
  • Nationwide: (800) 482-1822    
    custom homes expert witness Melbourne Village Florida parking structure expert witness Melbourne Village Florida structural steel construction expert witness Melbourne Village Florida custom home expert witness Melbourne Village Florida tract home expert witness Melbourne Village Florida casino resort expert witness Melbourne Village Florida condominium expert witness Melbourne Village Florida concrete tilt-up expert witness Melbourne Village Florida hospital construction expert witness Melbourne Village Florida landscaping construction expert witness Melbourne Village Florida low-income housing expert witness Melbourne Village Florida Medical building expert witness Melbourne Village Florida institutional building expert witness Melbourne Village Florida office building expert witness Melbourne Village Florida Subterranean parking expert witness Melbourne Village Florida condominiums expert witness Melbourne Village Florida industrial building expert witness Melbourne Village Florida high-rise construction expert witness Melbourne Village Florida retail construction expert witness Melbourne Village Florida townhome construction expert witness Melbourne Village Florida multi family housing expert witness Melbourne Village Florida mid-rise construction expert witness Melbourne Village Florida
    Arrange No Cost Consultation
    Construction Expert Witness Builders Information
    Melbourne Village, 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 Melbourne Village 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 Melbourne Village Florida

    Construction is the Fastest Growing Industry in California

    Trump, Infrastructure and the Construction Industry

    Home Building Likely to Stick to Slow Pace

    Insurance Tips for Contractors

    The Colorado Construction Defect Reform Act Explained

    A New Way to Design in 3D – Interview with Pouria Kay of Grib

    U.S. Homeownership Rate Rises for First Time in Two Years

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

    Falling Crime Rates Make Dangerous Neighborhoods Safe for Bidding Wars

    Unlicensed Contractors Nabbed in Sting Operation

    Reasons to Be Skeptical About a Millennial Homebuying Boom in 2016

    New California Construction Law for 2019

    Loss Caused by Theft, Continuous Water Discharge Not Covered

    Warning! Danger Ahead for Public Entities

    Does Arbitration Apply to Contemporaneously Executed Contracts (When One of the Contracts Does Not Have an Arbitration Provision)?

    Know What You’ve Built: An Interview with Timo Makkonen of Congrid

    CLB Recommends Extensive Hawaii Contractor License Changes

    Factual Issues Prevent Summary Judgment Determination on Coverage for Additional Insured

    Fargo Shows Record Home Building

    Housing Starts Surge 23% in Comeback for Canadian Builders

    Improper Classification Under Davis Bacon Can Be Costly

    Why Clinton and Trump’s Infrastructure Plans Leave Us Wanting More

    Hong Kong Popping Housing Bubbles London Can’t Handle

    Pending Home Sales in U.S. Increase Less Than Forecast

    Renovation Contractors: Be Careful How You Disclose Your Projects

    Major Changes in Commercial Construction Since 2009

    More Regulations for Federal Contractors

    Does the Implied Warranty of Habitability Extend to Subsequent Purchasers? Depends on the State

    Window Installer's Alleged Faulty Workmanship On Many Projects Constitutes Multiple Occurrences

    Exponential Acceleration—Interview with Anders Hvid

    Court Upholds Denial of Collapse Coverage Where Building Still Stands

    Supreme Court Set to Alter Law on Key Project, Workforce Issues

    Georgia Court of Appeals Holds Lay Witness Can Provide Opinion Testimony on the Value of a Property If the Witness Had an Opportunity to Form a Reasoned Opinion

    Housing to Top Capital Spending in Next U.S. Growth Leg: Economy

    Echoes of Shutdown in Delay of Key Building Metric

    English v. RKK. . . The Saga Continues

    Poor Pleading Leads to Loss of Claim for Trespass Due to Relation-Back Doctrine, Statute of Limitations

    WA Supreme Court Allows Property Owner to Sue Engineering Firm for Lost Profits

    Insurance Law Alert: California Appeals Court Allows Joinder of Employee Adjuster to Bad Faith Lawsuit Against Homeowners Insurer

    The Big Three: The 9th Circuit Joins The 6th Circuit and 7th Circuit in Holding That Sanctions For Bad-Faith Litigation Tactics Can Only Be Awarded Against Individual Lawyers and Not Law Firms

    July Sees Big Drop in Home Sales

    Addressing Safety on the Construction Site

    New Megablimp to Deliver to Remote Alaskan Construction Sites

    New Jersey Supreme Court Rules that Subcontractor Work with Resultant Damage is both an “Occurrence” and “Property Damage” under a Standard Form CGL Policy

    US-Mexico Border Wall Bids Include Tourist Attraction, Solar Panels

    Federal Judge Dismisses Insurance Coverage Lawsuit In Construction Defect Case

    “But I didn’t know what I was signing….”

    Avoiding Disaster Due to Improper Licensing

    Improvements to Confederate Monuments Lead to Lawsuits

    The Jersey Shore gets Beach Prisms Designed to Reduce Erosion
    Corporate Profile

    MELBOURNE VILLAGE FLORIDA CONSTRUCTION EXPERT WITNESS
    DIRECTORY AND CAPABILITIES

    Leveraging from more than 4500 general contracting and design related expert designations, the Melbourne Village, Florida Construction Expert Directory delivers a superior construction and design expert support solution to builders and construction claims professionals concerned with construction defect, scheduling, and delay matters. BHA provides construction claims investigation and expert services to widely recognized construction practice groups, Fortune 500 builders, CGL carriers, owners, as well as a variety of public entities. Utilizing captive assets which comprise credentialed construction consultants, NCARB certified architects, forensic engineers, building envelope and design experts, the firm brings specialized expertise and local capabilities to the Melbourne Village region.

    Melbourne Village Florida consulting architect expert witnessMelbourne Village Florida architectural engineering expert witnessMelbourne Village Florida construction expert testimonyMelbourne Village Florida building envelope expert witnessMelbourne Village Florida construction cost estimating expert witnessMelbourne Village Florida engineering consultantMelbourne Village Florida testifying construction expert witness
    Construction Expert Witness News & Info
    Melbourne Village, Florida

    Update: Lawyers Can Be Bound to Confidentiality Provision in Settlement Agreement

    January 13, 2020 —
    In July 2019, the California Supreme Court ruled that an attorney’s signature under the often-used phrase “approved as to form and content” does not preclude a finding that the attorney could be bound to the terms of a settlement agreement. (Monster Energy Co. v. Schechter (2019) 7 Cal.5th 781.) This decision marks a reversal of the Fourth District Court of Appeal’s 2018 ruling that approval of a contract is not tantamount to an agreement to be bound by that contract. The underlying action stemmed out of a wrongful death suit by Wendy Crossland and Richard Fournier, parents of the decedent, against Monster Energy Company. The parties negotiated a settlement, a critical of element of which was a confidentiality provision aimed at keeping the the settlement secret. The confidentiality provision prohibited plaintiffs and their counsel of record from disclosing both the existence of the settlement, or the terms thereof, to any person, entity, or publication, including the legal website Lawyers & Settlements. The attorneys signed the agreement under the phrase “approved as to form and content.” Shortly after the settlement agreement was executed, the Plaintiffs’ attorney Bruce Schechter disclosed his clients’ settlement with Monster in an interview with Lawyers & Settlements. Monster filed suit against Mr. Schechter for breach of contract, among other causes of action. Mr. Schechter challenged the lawsuit with a SLAPP motion, essentially arguing that the lawsuit was meritless and merely an attempt to thwart freedom of speech. The trial court denied Mr. Schechter’s motion as to the breach of contract cause of action finding that the settlement clearly contemplated that the attorneys were subjected to the terms of the agreement, and Schechter’s claim that he was not a party because he merely approved as to form and content was “beyond reason.” The Fourth District Court of Appeal reversed, concluding that Mr. Schechter was not a party to the agreement by virtue of his signature approving the form and content, and the Plaintiffs had no authority to bind their attorney to the terms of the agreement. The Court of Appeal found that by affixing his signature to the agreement Mr. Schechter was merely manifesting his “professional thumbs up” in line with legal industry’s customary understanding. In its reversal, the California Supreme Court did not disturb the legal community’s understanding of the phrase “approved as to form and content.” Rather, the Court concluded that an attorney’s signature under that often-used phrase does not preclude as a matter of law that the attorney intended to be bound by the agreement. The entire agreement, including the substantive provisions, need to be examined to determine the attorney’s intent in affixing his/her signature to the agreement. Turning to the Crossland/Fournier Monster settlement agreement, the Court was unpersuaded by Mr. Schechter’s argument that he was not bound to the agreement because counsel was not included in the definition of “party”. The Court stated that it’s the substance of the agreement that determines whether counsel is a party to the contract, as opposed to a party to the lawsuit. The Court was persuaded, in part, by the important role that confidentiality plays in brokering settlements. It noted that public disclosure of private settlements would serve to “chill” parties’ ability to resolve matters short of trial, and there was little doubt that confidentiality was an important term of the Crossland/Fournier Monster settlement. In concluding that Monster had met its burden to defeat an anti-SLAPP motion, the Court pointed to the numerous references to counsel in the substantive provisions of the agreement which a trier of fact could conclude bound Mr. Schechter to the confidentiality terms. Danielle Ward has concentrated her law practice on defending developer, general contractor, and subcontractor clients in a variety of construction matters. She has been an attorney with Balestreri Potocki & Holmes since 2010 and can be reached at dward@bph-law.com. Read the court decision
    Read the full story...
    Reprinted courtesy of

    Insurer's Motion for Summary Judgment to Reject Collapse Coverage Denied

    November 24, 2019 —
    The insurer unsuccessfully moved for summary judgment seeking to reject the insured's collapse claim. Gnannn v. United Servs. Auto, Ass'n, 2019 Conn. Super. LEXIS 1955 (Conn. Super Ct. July 11, 2019). The insureds' home was built in 1985 and they purchased their home in 1993. A home inspection reported that some settlement and curing related cracks existed in the slab floor, but no signs of abnormal settlement were noticed. The concrete walls were in overall good condition. In 2015, the insureds became aware of abnormal cracking in the basement. USAA was informed of the claim but denied coverage in October 2015. The insureds sued USAA. After suit was filed, the insureds hired an engineer, David Grandpre, to inspect their home. He observed severe cracking in the basement walls caused by an expansive chemical reaction within the concrete. The structure was not in imminent peril of falling down, and it continued as insureds' residence. But Mr. Grandpre noticed bulging and bowing, evidence that the concrete basement walls had failed and had begun to move inward due to the lateral pressure of the soil outside the home. Read the court decision
    Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    California Supreme Court Holds “Notice-Prejudice” Rule is “Fundamental Public Policy” of California, May Override Choice of Law Provisions in Policies

    November 12, 2019 —
    On August 29, 2019, in Pitzer College v. Indian Harbor Insurance Company, 2019 Cal. LEXIS 6240, the California Supreme Court held that, in the insurance context, the common law “notice-prejudice” rule is a “fundamental public policy” of the State of California for purposes of choice of law analysis. Thus, even though the policy in Pitzer had a choice of law provision requiring application of New York law – which does not require an insurer to prove prejudice for late notice of claims under policies delivered outside of New York – that provision can be overridden by California’s public policy of requiring insurers to prove prejudice after late notice of a claim. The Supreme Court in Pitzer also held that the notice-prejudice rule “generally applies to consent provisions in the context of first party liability policy coverage,” but not to consent provisions in the third-party liability policy context. The Pitzer case arose from a discovery of polluted soil at Pitzer College during a dormitory construction project. Facing pressure to finish the project by the start of the next school term, Pitzer officials took steps to remediate the polluted soil at a cost of $2 million. When Pitzer notified its insurer of the remediation, and made a claim for the attendant costs, the insurer “denied coverage based on Pitzer’s failure to give notice as soon as practicable and its failure to obtain [the insurer’s] consent before commencing the remediation process.” The Supreme Court observed that Pitzer did not inform its insurer of the remediation until “three months after it completed remediation and six months after it discovered the darkened soils.” In response to the denial of coverage, Pitzer sued the insurer in California state court, the insurer removed the action to federal court and the insurer moved for summary judgment “claiming that it had no obligation to indemnify Pitzer for remediation costs because Pitzer had violated the Policy’s notice and consent provisions.” Reprinted courtesy of Timothy Carroll, White and Williams and Anthony Miscioscia, White and Williams Mr. Carroll may be contacted at carrollt@whiteandwilliams.com Mr. Miscioscia may be contacted at misciosciaa@whiteandwilliams.com Read the court decision
    Read the full story...
    Reprinted courtesy of

    Airbnb Declares End to Party!

    January 27, 2020 —
    As municipalities around the country evaluate changes to their respective codes in an effort to exert greater control over bad actors in the vacation rental market, Airbnb announced on November 2nd that it is banning party houses. The move comes in response to the shooting deaths of five people at a Halloween party hosted at an Airbnb rental house in Orinda, CA. CEO Brian Chesky announced on Twitter that starting November 2, Airbnb would ban “party houses” and redouble the company’s efforts to “combat unauthorized parties and get rid of abusive host and guest conduct.” twitter.com/bchesky The four-bedroom rental reportedly had been rented on Airbnb by a woman who advised the owner her family members had asthma and needed to escape smoke from a wildfire burning in Sonoma County about 60 miles north of Orinda earlier in the week. Nevertheless, the homeowner was suspicious of a one-night rental on Halloween and reminded the renter that no parties were allowed. Having received complaints from neighbors and witnessing some party activity via his camera doorbell, the homeowner called police who were en route to the home, but arrived after the shooting. The Halloween party apparently was advertised on social media as an “Airbnb Mansion Party,” with an admission fee of $10 per person. Independently owned vacation rentals are currently growing at a faster rate than hotels or motels, and in some instances are owned by out-of-state investors seeking not only a real estate return on investment, but also a return on investment associated with revenue streams generated by “pay to play” parties promoted on social media. Read the court decision
    Read the full story...
    Reprinted courtesy of Patrick J. Paul, Snell & Wilmer
    Mr. Paul may be contacted at ppaul@swlaw.com

    Partner Jonathan R. Harwood Obtained Summary Judgment in a Coverage Action Arising out of a Claim for Personal Injury

    December 22, 2019 —
    On August 16, 2019, Traub Lieberman partner obtained summary judgment in a declaratory judgment action involving a claim for coverage for a personal injury action involving injuries suffered on a construction site. The plaintiff in the underlying action was performing excavation in a basement of a building in Manhattan so the owner could install a pool. During the course of the excavation plaintiff fell 13 feet from a plank, into the excavated pit, suffering serious injuries. Traub Lieberman’s client issued a CGL policy to the building owner and the insured sought coverage for the suit under that policy. The insurer denied coverage based on an endorsement to the policy that stated the insured could only contract directly with a specified general contractor. The plaintiff was an employee of a subcontractor and the insurer believed the insured had contracted directly with that unapproved subcontractor. The insured denied it had done, contending the subcontractor had been hired by the general contractor identified in the endorsement. Reprinted courtesy of Jonathan R. Harwood, Traub Lieberman Mr. Harwood may be contacted at jharwood@tlsslaw.com Read the full story... 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

    Jury Awards Aluminum Company 35 Million in Time Element Losses

    September 23, 2019 —
    On July 3, 2019, a Delaware jury determined that fourteen property insurers for Noranda Aluminum Holding Corp., an aluminum producer that filed for bankruptcy and ceased operations three years ago, owe Noranda over $35 million in time element losses that Noranda sustained as a result of two separate catastrophic incidents that occurred at its aluminum facility in 2015 and 2016. In August 2015, an aluminum explosion occurred at Noranda’s facility, resulting in substantial property damage and bodily injuries. Though the insurers paid for Noranda’s property damage claim, the insurers only covered $5.64 million of Noranda’s $22 million time element claim. In January 2016, the same facility sustained significant damage as a result of equipment failure. The insurers again paid for Noranda’s property damage claim arising from the equipment failure but declined to pay any of its $22.8 million time element claim. Reprinted courtesy of Michael S. Levine, Hunton Andrews & Kurth and Daniel Hentschel, Hunton Andrews & Kurth Mr. Levine may be contacted at mlevine@HuntonAK.com Mr. Hentschel may be contacted at dhentschel@HuntonAK.com Read the court decision
    Read the full story...
    Reprinted courtesy of

    New Pedestrian, Utility Bridge Takes Shape on Everett Waterfront

    December 16, 2019 —
    Amidst the constraints of weight limits, a seawall, a waterfront restaurant and high-voltage power poles, crews from ICI Interwest Construction Inc. and heavy mover Oxbo Mega Transport Solutions positioned a $20 million, 282-ft-long pedestrian and utility bridge in place this fall along the Everett, Washington, waterfront. Reprinted courtesy of Tim Newcomb, Engineering News-Record ENR may be contacted at ENR.com@bnpmedia.com Read the full story... Read the court decision
    Read the full story...
    Reprinted courtesy of