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    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
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    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 Ponce de Leon Florida

    U.S. Architecture Firms’ Billing Index Faster in Dec.

    Burlingame Construction Defect Case Heading to Trial

    The Miller Act: More Complex than You Think

    Professional Liability Client Alert: Law Firms Should Consider Hiring Outside Counsel Before Suing Clients For Unpaid Fees

    #3 CDJ Topic: Underwriters of Interest Subscribing to Policy No. A15274001 v. ProBuilders Specialty Ins. Co., Case No. D066615

    What is the True Value of Rooftop Solar Panels?

    Less Than Perfectly Drafted Endorsement Bars Flood Coverage

    It’s Getting Harder and Harder to be a Concrete Supplier in California

    A New Statute of Limitations on Construction Claims by VA State Agencies?

    The Multigenerational Housing Trend

    Eight Ways to Protect a Construction Company Before a Claim Is Filed

    Kentucky Court Upholds Arbitration Award, Denies Appeal

    San Francisco House that Collapsed Not Built to Plan

    Pennsylvania Superior Court Fires up a Case-By-Case Analysis for Landlord-Tenant, Implied Co-Insured Questions

    Congratulations to Haight’s 2019 Northern California Super Lawyers

    PA Supreme Court to Rule on Scope of Judges' Credibility Determinations

    NAHB Examines Single-Family Detached Concentration Statistics

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

    State Farm Too Quick To Deny Coverage, Court Rules

    New California Employment Laws Affect the Construction Industry for 2019

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    Insured Entitled to Defense After Posting Medical Records Online

    Practical Advice: Indemnification and Additional Insured Issues Revisited

    Loss Caused by Theft, Continuous Water Discharge Not Covered

    Architect Plans to 3D-Print a Two-Story House

    Home Building Up in Kansas City

    Baby Boomer Housing Deficit Coming?

    Crime Lab Beset by Ventilation Issues

    Amos Rex – A Museum for the Digital Age

    The Riskiest Housing Markets in the U.S.

    Haight Brown & Bonesteel Attorneys Named Best Lawyers in America ® 2016

    2017 California Employment Law Update

    The Colorado Supreme Court holds that loans made to a construction company are not subject to the Mechanic’s Lien Trust Fund Statute

    Elevators Take Sustainable Smart Cities to the Next Level

    Seller Cannot Compel Arbitration for Its Role in Construction Defect Case<

    Mitsubishi Estate to Rebuild Apartments After Defects Found

    Around the State

    Insurers Subrogating in Arkansas Must Expend Energy to Prove That Their Insureds Have Been Made Whole

    California Posts Nation’s Largest Gain in Construction Jobs

    Genuine Dispute Over Cause of Damage and Insureds’ Demolition Before Inspection Negate Bad Faith and Elder Abuse Claims

    Homebuilders See Record Bearish Bets on Shaky Recovery

    Should a Subcontractor provide bonds to a GC who is not himself bonded? (Bonding Agent Perspective)

    Congress Addresses Homebuilding Credit Crunch

    Bar Against Forum Selection Clauses in Construction Contracts Extended to Design Professionals

    Home Prices in 20 U.S. Cities Rose at Slower Pace in May

    Duty To Defend Construction Defect Case Affirmed, Duty to Indemnify Reversed In Part

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

    Asbestos Confirmed After New York City Steam Pipe Blast

    Hawaii Supreme Court Finds Subcontractor Has No Duty to Defend Under Indemnity Provision

    Legislative Changes that Impact Construction 2017
    Corporate Profile


    Through more than 4500 construction defect and claims related expert witness designations, the Ponce de Leon, Florida Construction Expert Directory provides a single point of reference for construction defect and claims related support to lawyers and construction practice groups concerned with construction defect and claims litigation. BHA provides building related trial support and expert consulting 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. Employing in house resources which comprise design experts, civil / structural engineers, ICC Certified Inspectors, ASPE certified professional estimators, the firm brings specialized expertise and local capabilities to the Ponce de Leon region.

    Ponce de Leon Florida delay claim expert witnessPonce de Leon Florida construction cost estimating expert witnessPonce de Leon Florida building expertPonce de Leon Florida construction forensic expert witnessPonce de Leon Florida construction scheduling and change order evaluation expert witnessPonce de Leon Florida multi family design expert witnessPonce de Leon Florida fenestration expert witness
    Construction Expert Witness News & Info
    Ponce de Leon, Florida

    New Jersey Federal Court Examines And Applies The “j.(5)” Ongoing Operations Exclusion

    October 07, 2019 —
    In PJR Construction of N.J. v. Valley Forge Insurance Company, 2019 U.S. Dist. LEXIS 127973 (D.N.J. July 31, 2019) (PJR Construction), a New Jersey federal court held that the “j.(5)” “Ongoing Operations Exclusion” applied to bar coverage for property damage to property on which a construction company allegedly performed faulty work. The court’s opinion follows prior New Jersey state court precedent, including Ohio Casualty Insurance Company v. Island Pool & Spa, Inc., 12 A.3d 719 (N.J. Super. Ct. App. Div. 2011) (Island Pool), but also provides additional guidance on the elements which can make the Ongoing Operations Exclusion applicable to exclude coverage. In PJR Construction, a commercial property owner engaged a construction company to build a 26,000 square foot swim club and related 3,000 square foot pavilion building in New Jersey. After about 75% of the work was completed, the property owner fired the construction company and denied it access to the property. The owner later sued the construction company in New Jersey state court alleging “shoddy workmanship” in, among other things, sealants, flashing, water resistant barriers, masonry and the handicap ramps. The construction company sought coverage from its CGL insurer, which denied coverage based on, among other things, the j.(5) Ongoing Operations Exclusion. After the denial of coverage, the company sued the insurer in New Jersey federal court seeking a declaration of coverage. Reprinted courtesy of Anthony L. Miscioscia, White and Williams LLP and Timothy A. Carroll, White and Williams LLP Mr. Miscioscia may be contacted at Mr. Carroll may be contacted at Read the court decision
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    N.J. Appellate Court Confirms that AIA Construction Contract Bars Insurer's Subrogation Claim

    September 10, 2019 —
    On April 4, 2019, the Appellate Division of the New Jersey Superior Court confirmed that the waiver of subrogation provision in a commonly used form construction contract, American Institute of Architects (AIA) form A201 — 2007 General Conditions of the Contract for Construction, precluded an insurer’s claims against a subcontractor. In Ace American Ins. Co. v. American Medical Plumbing, Inc., the court considered Ace American Insurance Company’s (Ace) subrogation claim against a plumbing subcontractor who was allegedly responsible for a water main leak that caused approximately $1.2 million in damages to Ace’s insured, Equinox Development Corporation (Equinox). In March 2012, Equinox entered into a contract with Grace Construction Management Company, LLC (Grace) to build the “core and shell” of a new health club. Equinox and Grace used AIA form A201 for their contract. Grace then hired American Medical Plumbing, Inc. (American) as a plumbing subcontractor for the project. In April 2013, the water main failed, flooding the health club. Read the court decision
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    Reprinted courtesy of Saxe Doernberger & Vita, P.C.
    Saxe Doernberger & Vita, P.C. may be contacted at

    What is a Personal Injury?

    September 03, 2019 —
    Essentially, a personal injury is when an individual is hurt during an accident. Whether driving on the road, walking down the street, or sitting in a chair, accidents happen. When there is an accident, medical treatment may be necessary. Individuals who sustain injuries usually seek compensation for their medical treatment and pain and suffering in the form of a personal injury lawsuit. Personal injury lawsuits can result from a variety of claims including negligence, strict liability, or intentional torts. Yet, for the most part, personal injury lawsuits tend to arise from a claim of negligence. The individual or entity injured in the accident, “Plaintiff”, files a lawsuit against the individual or entity, “Defendant” who allegedly caused harm. Personal injury lawsuits resulting from claims of negligence tend to have two main components: liability and damages. Yet, in order to prevail in a suit for negligence, a Plaintiff must demonstrate the following: (1) a legal duty to use due care, (2) a breach of that duty, (3) a reasonably close, causal connection between that breach and Plaintiff’s resulting injury, and (4) actual loss or damage to Plaintiff. Wylie v. Gresch (1987) 191 Cal.App.3d 412. First, a finding of negligence rests upon a determination that the actor has failed to perform a duty of care owed to the injured party. Ronald S. v. County of San Diego (1993) 16 Cal.App.4th 887. This means that an individual or entity must act reasonably to avoid injuring others. When an injury occurs, a Plaintiff will generally argue that an individual or entity breached a duty owed to them. Read the court decision
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    Reprinted courtesy of Bremer Whyte Brown & O'Meara LLP

    Breaking the Impasse by Understanding Blame

    January 13, 2020 —
    For this week’s Guest Post Friday (on a Thursday) here at Construction Law Musings, Victoria Pynchon (@vickiepynchon) joins us for the 4th time. Victoria is an attorney-mediator with ADR Services, Inc. in Century City; an arbitrator with the American Arbitration Association in Los Angeles, California; and, a negotiation consultant and trainer world-wide. Victoria co-founded She Negotiates Training and Consulting in 2010 and writes for ForbesWoman at its She Negotiates blog. She is the author of one of my favorite books on conflict resolution, A is for A*@!#, the Grownups’ ABC’s of Conflict Resolution reviewed at Musings here. First Let’s Talk About Anger Please raise your hand if your clients — corporate clients — are angry about the burdens of litigation. Irritated with the document “demands” and interrogatories. Frustrated about the e-discovery. Ticked off at the way opposing counsel asks them questions as if they’re lying. Hot under the collar about the mounting attorneys’ fees and the distance between the day suit was filed and the probable day on which a trial might eventually be scheduled. Simmering about the time the litigation consumes, time they’d prefer to be spending doing their actual jobs — planning for and implementing business strategies for a profitable future instead of fighting about the unprofitable past. And we’re not even talking about your clients’ anger at the defendant who has stolen their intellectual property or stopped worked at the construction site or refused to release the remaining funds in the construction loan account. And if you believe that powerful people in highly successful and profitable businesses do not fear that litigation might hurt their careers, think again. Read the court decision
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    Reprinted courtesy of The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at

    3 Common Cash Flow Issues That Plague The Construction Industry

    August 20, 2019 —
    The construction industry has its fair share of serious cash flow problems. The nature of the industry with long periods between billing and collection, the unpredictability of some business factors, and even the day-to-day decisions of stakeholders have a huge effect on cash reserves. So how can you protect your business from these cash flow problems? Having a greater awareness of the most common cash flow problems is the key to maintaining your financial stability. Here are some of the top cash flow issues that construction companies need to watch out for. 1. Uncontrolled business growth The growth of a business as a cash flow problem sounds unintuitive. It is supposed to be a positive thing. So how could it hurt your construction business? When it goes out of control. During the growth phase, the company will need to expand its operations to meet the increasing demand. This means renting a larger office space, hiring more staff, and buying more inventory, all of which can burn through the company’s cash quickly. The more substantial the level of your growth is, the more your cash flow is affected. Growth is a good thing, but it is important to be aware of the pitfalls that you could encounter that can lead to cash flow problems. If you are dealing with a volatile growth instead of a stable one, you have to think twice before expanding your operations. A quarter with a large number of construction project deals does not guarantee the same happening in a subsequent quarter. 2. Change of scope or scope creep The scope, or the statement of work, is the foundation that guides a construction project from start to finish. It specifies all the deliverables needed by the project as agreed by all stakeholders. When the existing requirements are altered, new features are added, or project goals are changed uncontrollably, what happens is scope creep and it can hurt a company’s cash flow. Construction projects can take a long time before they are finished. A lot of factors can result in changes in the scope. There may be changes in the market strategy, market demand, and other unpredictable variables that make changes in the project requirements a necessity. These changes build up and the project may shift away from what was intended, causing delays, loss of quality, and the rise of planned costs. One way to prevent scope creep from affecting cash flow significantly is charging a fee for variations of the scope of work. However, having a solid and clear scope baseline is still the best way to combat scope creep. Reminding clients of what you signed up for by referring to the baseline is a good strategy to deal with pushy clients. 3. Payment delays and nonpayment As previously mentioned, the construction industry tends to have a lengthy period between sending an invoice and collecting payments. And if you are too passive in your collection, clients are more likely to extend pay periods and delay paying you. Unexpected delays in payment and other payment issues can have a devastating effect on companies that have little to no cash reserves. Without a cash cushion to fall back on, payment issues can threaten the existence of the business itself. If you are unable to manage your receivables, you will not have enough cash to pay the bills, pay employees, and fund your growth. Payment delays and nonpayment can happen for several reasons. They can be simple like mistakes in the invoicing or the person needed to approve the invoice is unavailable. More serious reasons like a client unsatisfied with your service or, worse, trying to scam you are also possibilities. For these reasons, it is crucial to communicate with clients properly and see if you can agree with a payment structure or pursue legal action. The construction industry operates slightly differently from other industries. Different projects produce different cash flow issues and require different strategies. By being aware of the top cash flow problems that can hurt your construction business, you will be better equipped in dealing with them in case they happen. About the Author: Patrick Hogan is the CEO of Handle, where they build software that helps contractors, subcontractors, and material suppliers secure their lien rights and get paid faster by automating the collection process for unpaid construction invoices. Read the court decision
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    Reprinted courtesy of Patrick Hogan, CEO, Handle

    Insurer Must Cover Portions of Arbitration Award

    October 14, 2019 —
    The court determined that there was coverage in a construction defect case for portions of an arbitration award. Liberty Surplus Ins. Corp. v. Century Sur. Co., 2019 U.S. DIst. LEXIS 116093 (S.D. Texas July 12, 2019). Descon Construction contracted with the City of Edinburg, Texas, to build a library. Descon subcontracted with McAllen Steel Erectors to install the library metal roof. The roof began to leak within two months of occupancy. The leaks continued for seven years. Edinburg sued Descon. The matter was arbitrated. The arbitration panel found that the library roof was defective, the exterior stucco system was defectively installed and certain work, including fire-caulking, had not been performed. The panel concluded that Descon was liable for breach of contract and breach of warranty. The panel determined that Edinburg was entitled to replacement of the existing roof. Further, McAllen was found to have breached its subcontract with Descon by defectively installing the roof, entitling Descon to recover $762,537 from McAllen. 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

    Indiana Federal Court Holds No Coverage for $50M Default Judgment for Lack of Timely Notice of Class Action

    August 26, 2019 —
    In Greene v. Kenneth R. Will, a CGL insurer recently prevailed in a declaratory judgment action arising from an underlying class action alleging pollution and nuisance claims against the insured, VIM Recycling LLC, an Indiana-based waste-recycling facility.[1] “[T]his case has some whiskers on it,” the Indiana federal district court recounted in its exhaustive decision granting the insurer relief. The court relieved the insurer of indemnifying a $50 million default judgment against the insured, which, the court observed, “proved to be a bad neighbor” and “nuisance in both the legal and colloquial sense.” The court held that the insured failed to provide timely notice of the class action. “The judgment against the [insured] came about when a group of nearby homeowners decided that they had had enough of VIM’s polluting behavior and brought this class action to recover damages for environmental violations, nuisance and negligence based on the impact of the waste facility on their homes and property,” the court explained. Eventually, the court entered a default judgment against the insured for $50,568,750, plus an award of $273,339.85 in attorney’s fees. Because the insured was “judgment-proof,” the class action plaintiffs “aligned” with the insured “hoping to collect on their monumental judgment” from the insured’s CGL insurer. Within a few weeks’ time, the class action plaintiffs sued the insurer seeking a declaration of coverage for the default judgment against the insured. Reprinted courtesy of Anthony L. Miscioscia, White and Williams LLP and Timothy A. Carroll, White and Williams LLP Mr. Miscioscia may be contacted at Mr. Carroll may be contacted at Read the court decision
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    Crane Firm Pulled Off NYC Projects Following Multiple Incidents

    October 07, 2019 —
    Following a partial crane collapse at a site on Manhattan’s Lower East Side and a fatality in April on a jobsite in lower Manhattan, the New York City Dept. of Buildings announced on Aug. 12 that it is suspending United Crane & Rigging’s work on 21 construction sites across the city. Jeff Rubenstone, Engineering News-Record Mr. Rubenstone may be contacted at Read the court decision
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