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    Noma, 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 Noma 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

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

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

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

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

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

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

    Construction Expert Witness News and Information
    For Noma Florida

    Wage Theft Investigations and Citations in the Construction Industry

    Making the Construction Dispute Resolution Process More Efficient and Less Expensive, Part 2

    New York: The "Loss Transfer" Opportunity to Recover Otherwise Non-Recoverable First-Party Benefits

    Insurer’s “Failure to Cooperate” Defense

    Washington State Updates the Contractor Registration Statute

    San Francisco Airport’s Terminal 1 Aims Sky High

    Why Federal and State Agencies are Considering Converting from a “Gallons Consumed” to a “Road Usage” Tax – And What are the Risks to the Consumer?

    Insurers Refuse Indemnification of Subcontractors in Construction Defect Suit

    How the Election Could Affect the Housing Industry: Steven Cvitanovic Authors Construction Today Article

    Drought Dogs Developers in California's Soaring Housing Market

    Illinois Couple Files Suit Against Home Builder

    Mortgage Bonds Stare Down End of Fed Easing as Gains Persist

    Travelers’ 3rd Circ. Win Curbs Insurers’ Asbestos Exposure

    #12 CDJ Topic: Am. Home Assur. Co. v. SMG Stone Co., 2015 U.S. Dist. LEXIS 75910 (N. D. Cal. June 11, 2015)

    Things You Didn't Know About Your Homeowners Policy

    Policing Those Subcontractors: It Might Take Extra Effort To Be An Additional Insured

    Construction Defects Survey Results Show that Warranty Laws Should be Strengthened for Homeowners & Condominium Associations

    Insurance Coverage Litigation Section to Present at Hawaii State Bar Convention

    BHA has a Nice Swing Benefits the Wounded Warrior Project

    Pennsylvania Supreme Court Will Not Address Trigger for DEP Environmental Cleanup Action at This Time

    Sometimes It’s Okay to Destroy Evidence

    The Most Expensive Apartment Listings in New York That Are Not in Manhattan

    Pennsylvania Finds Policy Triggered When Property Damage Reasonably Apparent

    BHA Announces New Orlando Location

    Existence of “Duty” in Negligence Action is Question of Law

    Construction Case Alert: Appellate Court Confirms Engineer’s Duty to Defend Developer Arises Upon Tender of Indemnity Claim

    Quick Note: Submitting Civil Remedy Notice

    Governor Brown Signs Legislation Aimed at Curbing ADA Accessibility Abuses in California

    HOA Coalition Statement on Construction-Defects Transparency Legislation

    Avoid Delay or Get Ready to Pay: The Risks of “Time-Is-of-The-Essence” Clauses

    Breaking the Impasse by Understanding Blame

    Picketing Threats

    Insurer's Quote on Coverage for Theft by Hacker Creates Issue of Fact

    Hospital Inspection to Include Check for Construction Defects

    Your Contract is a Hodgepodge of Conflicting Proposals

    Pulte’s Kitchen Innovation Throw Down

    U.S. District Court for Hawaii Again Determines Construction Defect Claims Do Not Arise From An Occurrence

    BWBO Celebrating Attorney Award and Two New Partners

    Indemnity Clauses That Conflict with Oregon Indemnity Statute Can Remain Partially Valid and Enforceable

    Court Again Defines Extent of Contractor’s Insurance Coverage

    Fire Consultants Cannot Base Opinions on Speculation

    Apprentices on Public Works Projects: Sometimes it’s Not What You Do But Who You Do the Work For That Counts

    Erasing Any Doubt: Arizona FED Actions Do Not Accrue Until Formal Demand for Possession is Tendered

    Collaborating or Competing with Construction Tech Startups

    Ahead of the Storm: Preparing for Irma

    Teaching An Old Dog New Tricks: The Spearin Doctrine and Design-Build Projects

    A Closer Look at an HOA Board Member’s Duty to Homeowners

    Federal Court of Appeals Signals an End to Project Labor Agreement Requirements Linked to Development Tax Credits

    Developer’s Failure to Plead Amount of Damages in Cross-Complaint Fatal to Direct Action Against Subcontractor’s Insurers Based on Default Judgment

    California to Require Disclosure of Construction Defect Claims
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    Leveraging from approximately 5000 building and construction related expert designations, the Noma, Florida Construction Expert Directory provides a wide spectrum of trial support and consulting services to construction claims professionals concerned with construction defect and claims litigation. BHA provides construction related consulting and expert witness support services to the industry's leading construction practice groups, Fortune 500 builders, real estate investment trusts, risk managers, owners, as well as a variety of municipalities and government offices. Utilizing in house resources which comprise registered architects, professional engineers, licensed general and specialty contractors, the organization brings national experience and local capabilities to Noma and the surrounding areas.

    Noma Florida delay claim expert witnessNoma Florida expert witness structural engineerNoma Florida fenestration expert witnessNoma Florida engineering expert witnessNoma Florida construction claims expert witnessNoma Florida expert witnesses fenestrationNoma Florida architect expert witness
    Construction Expert Witness News & Info
    Noma, Florida

    'Major' Mass. Gas Leak Follows Feds Call For Regulation Changes One Year After Deadly Gas Explosions

    October 21, 2019 —
    A natural gas leak in explosive range forced Lawrence, Mass. residents to evacuate their homes early on Sept. 27, according to electric utility National Grid, which cut power to more than 1,300 customers to avoid another disaster like last year's natural gas explosions and fires in Lawrence and two other towns north of Boston. The leak came just days after federal officials called for changes to national pipeline regulations as they released a final report on the causes of the Sept. 13, 2018, disaster. Read the court decision
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    Reprinted courtesy of Johanna Knapschaefer, ENR
    ENR may be contacted at

    A Survey of New Texas Environmental Laws

    December 30, 2019 —
    This is a brief survey of many of the environmental and regulatory laws passed by the Texas Legislature and signed by the Governor in the 86th Regular Session of the Legislature, which ended in May 2019. Altogether, more than 1,300 laws were enacted in this session, including a surprising number of environmentally related bills. Most of these new laws take effect on September 1, 2019. This survey places them in the following broad categories: Air, Water; Waste; Disaster (principally because of the effects of Hurricane Harvey); and Miscellaneous. (Special thanks to Jay Bowlby, a summer intern in our Houston office, who made a significant contribution to this survey.) 1. Air HB 1627—amends Section 386.001(2) of the Health and Safety Code to remove several counties from the list of counties with deteriorating air quality subject to the Texas Emissions Reductions Plan. HB 1346—relates to the diesel emissions reductions incentives and gives the TCEQ flexibility in administering this program. HB 2726—concerns amended air quality permit applications. The law provides that construction of a project may proceed, at the applicant’s own risk, after the TCEQ Executive Director has issued a draft permit including the permit amendment. However, this provision does not apply to a permit amendment affecting a concrete batch plant located within 888 yards of a residence. HB 3725—creates the Texas Emissions Reduction Plan Trust Fund, which will be held by the Comptroller and administered by the TCEQ, which also administers the TERP program. SB 698—authorizes the TCEQ to provide expedited processing of certain Texas Clean Air Act permit applications by increasing the agency’s permitting staff. Read the court decision
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    Reprinted courtesy of Anthony B. Cavender, Pillsbury
    Mr. Cavender may be contacted at

    Brenner Base Tunnelers Conquer Peaks and Valleys in the Alps

    October 21, 2019 —
    A logistics tangle decades in the unraveling, the Brenner Base Tunnel project is having a banner year. Twin tunnel boring machines in May were released on their relentless journey to mine the main tunnels underneath the Alps between Austria and Italy, while a multinational crew of 2,400 workers armed with a toolkit of just about every mining technique is swarming four major worksites, including a particularly challenging area where workers must undercut a river and pass through the fast-flowing aquifer below it. Read the court decision
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    Reprinted courtesy of Scott Blair, ENR
    Mr. Blair may be contacted at

    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
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    Reprinted courtesy of The Associated Press (Rob Gillies), Bloomberg

    Texas Supreme Court Holds that Invoking Appraisal Provision and Paying Appraisal Amount Does Not Insulate an Insurer from Damages Under the Texas Prompt Payment of Claims Act

    September 16, 2019 —
    In two cases decided June 28, 2019, the Texas Supreme Court held that an insurer’s invocation of a contractual appraisal provision after denying a claim does not as a matter of law insulate it from liability under the Texas Prompt Payment of Claims Act (“TPPCA”). But, on the other hand, the court also held that the insurer’s payment of the appraisal award does not as a matter of law establish its liability under the policy for purposes of TPPCA damages. In Barbara Techs. Corp. v. State Farm Lloyds, No. 17-0640, 2019 WL 2666484, at *1 (Tex. June 28, 2019), State Farm Lloyds issued property insurance to Barbara Technologies Corporation for a commercial property. A wind and hail storm damaged the property, and Barbara Tech filed a claim under the policy. State Farm denied the claim, asserting that damages were less than the $5,000 deductible. Barbara Tech filed suit against State Farm, including for violation of the TPPCA. Six months later, State Farm invoked the appraisal provision of the policy. More than a year after the suit was filed, appraisers agreed to a value of $195,345.63. State Farm then paid that amount, minus depreciation and the deductible. Barbara Tech amended its petition to include only TPPCA claims. Reprinted courtesy of John C. Eichman, Hunton Andrews Kurth and Grayson L. Linyard, Hunton Andrews Kurth Mr. Eichman may be contacted at Mr. Linyard may be contacted at Read the court decision
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    Reprinted courtesy of

    The Utility of Arbitration Agreements in the Construction Industry

    December 30, 2019 —
    In today’s ever-evolving world of employment law, it is far from an easy task for construction industry employers to operate their business while successfully navigating all of the potential legal potholes that continue to abound and multiply seemingly with every passing day. This is particularly true in the face of the onslaught of claims lodged by current and former employees in recent years for alleged unpaid wages. While there may not be a “sure bet” way of avoiding such claims, one tool that employers should strongly consider in their arsenal are arbitration and class action waiver agreements. To that end, last year, the United States Supreme Court rendered its ground-breaking decision in Epic Systems Corp. v. Lewis, 584 U.S. ___ (2018). In Epic Systems, the Supreme Court held that arbitration agreements containing class and collective action waivers of wage and hour disputes are enforceable. At the time of the decision, a split of authority existed among courts across the country as to whether such agreements were viable. On the one hand, several courts contended that class waivers unfairly violated employees’ rights to collectively bargain under the National Labor Relations Act. On the other hand, many other courts were finding that such agreements were fully enforceable and supported by the policies promoted under the Federal Arbitration Act. The Epic Systems Court sided with this latter viewpoint, concluding that the FAA’s clear policy promoting arbitration as a dispute resolution mechanism and private parties’ rights to freely negotiate contracts outweighed any potential arguments against such agreements under the NLRA. With wage and hour lawsuits being filed against construction industry employers practically daily, the Epic Systems decision is critically important. Construction employers can now freely enter into arbitration and class waiver agreements with their laborers and thereby potentially limit the cost, expense and exposure of fighting such actions in a public forum on a collective or class-wide basis. To be clear, such agreements will not eliminate employees from bringing such wage and hour claims entirely, nor should the use of those agreements signal to employers that they need not make every good-faith effort to comply with their obligations under the Federal Labor Standards Act and/or any applicable state wage and hour laws. But the reality is that arbitration and class waiver agreements can work to avoid tens or hundreds or even thousands of employees from banding together in some of the massive wage and hour lawsuits being filed across the country. Instead, employers can require that those legal battles be conducted by a single plaintiff in a more controlled environment before an arbitrator (or panel of arbitrators). Reprinted courtesy of Brian L. Gardner & Jason R. Finkelstein, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Mr. Gardner may be contacted at Mr. Finkelstein may be contacted at Read the court decision
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    Reprinted courtesy of

    Limiting Services Can Lead to Increased Liability

    December 16, 2019 —
    For this week’s Guest Post Friday Musings, we welcome Nick Pacella. Nick is an architect licensed in New York, New Jersey and Connecticut. His practice has spanned several economic swings and he has been able to reposition the eggs in his basket to make the most of each recovery. He is currently focusing on adapting existing commercial buildings to take advantage of materials and processes that promote improved energy efficiency for both the owner and the tenants. For a more colorful rendition of projects you can visit his company’s website. I remember as a kid when the attendant at gas stations would not only clean your windows but also check the oil level of your vehicle as it was filling up with $0.25 per gallon gas. (I did say that I have seen several economic swings) These services have mostly disappeared, and to no great effect to your car since most cars go much longer between oil changes. Other than a slightly dirtier windshield it hasn’t affected your ability to drive and maintain your car. This is not so with professional services. Architects used to include many services that are now sourced to others. Project Management, Owner’s Representatives and Program Managers now populate the landscape. In many cases they came to be because architects either did not provide the service their client’s were looking for or they allowed themselves to be put into an adversarial relationship with their clients. They were likened to foxes watching the chicken coop, especially for project management and owners representative services. Client’s have had others buzzing in their ears “are architects really going to look out for my interests above theirs?’” Of course the clients never ask if the new wave will do any better at rallying behind their interests. Read the court decision
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    Reprinted courtesy of The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at

    Challenging and Defending a California Public Works Stop Payment Notice: Affidavit vs. Counter-Affidavit Process

    October 21, 2019 —
    One of the most effective collection procedures available to subcontractors and suppliers to California Construction projects is the “stop payment notice” procedure found under California Civil Code sections 9350 – 9364. Under this procedure, the unpaid subcontractor or supplier may serve the stop payment notice on the public entity and the direct or “prime” contractor and cause the public entity to withhold from the direct contractor 125% of the funds identified in the stop payment notice. Thereafter, funds will not generally be released unless the parties reach a settlement agreement or the issue is decided through litigation, arbitration or mediation. There is however an alternative procedure available to direct contractors to expedite the determination of whether a stop payment notice is valid and to possibly obtain an early release of the funds withheld by the public entity. This “summary proceeding” process could result in release of funds to the direct contractor in less than 30 days. The summary proceeding can also be challenged by the unpaid subcontractor or supplier. All public works contractors, subcontractors and suppliers should be aware of the process. The process for direct contractors to release a stop payment notice and for subcontractors and suppliers to challenge the process works as follows: After a California stop payment notice has been served and the public entity has withheld funds accordingly, the direct contractor may challenge the stop payment notice by serving an “affidavit” (basically a sworn statement showing why the stop notice is not valid) on the public entity, demanding that the public entity release all funds withheld. Upon receipt of such an affidavit, the public entity will serve the subcontractor or supplier who served the stop payment notice with a copy of the affidavit, along with a “demand for release of funds”. If the stop payment notice claimant does not respond with a “counter-affidavit” by the date stated on the notice sent by the public entity (“not less than 10 days nor more than 20 days after service on the claimant of a copy of the affidavit”), then the public entity will be within its rights to release the withheld funds to the direct contractor, and the stop payment notice claimant will relinquish its stop payment notice rights. Read the court decision
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    Reprinted courtesy of William L. Porter, Porter Law Group
    Mr. Porter may be contacted at