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    Sebastian, 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 Sebastian Florida

    Commercial and Residential Contractors License Required.

    Construction Expert Witness Contractors Building Industry
    Association Directory
    Tampa Bay Builders Association
    Local # 1036
    11242 Winthrop Main St
    Riverview, FL 33578

    Polk County Builders Association
    Local # 1028
    2232 Heritage Dr
    Lakeland, FL 33801

    Highlands County Builders Association
    Local # 1022
    PO Box 7546
    Sebring, FL 33872

    Home Builders & CA of Brevard
    Local # 1012
    1500 W Eau Gallie Blvd Ste A
    Melbourne, FL 32935

    Home Builders Association of Manatee - Sarasota County
    Local # 1041
    8131 Lakewood Main St Ste 207
    Lakewood Ranch, FL 34202

    Treasure Coast Builders Association
    Local # 1030
    6560 South Federal Highway
    Port Saint Lucie, FL 34952

    Hernando Bldrs Assoc
    Local # 1010
    7391 Sunshine Grove Rd
    Brooksville, FL 34613

    Construction Expert Witness News and Information
    For Sebastian Florida

    Virginia General Assembly Helps Construction Contractors

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    Following California Law, Federal Court Adopts Horizontal Allocation For Asbestos Coverage

    Pool Contractor’s Assets Frozen over Construction Claims

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

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

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    Ohio Court Finds No Coverage for Construction Defect Claims

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    That’s Common Knowledge! Failure to Designate an Expert Witness in a Professional Negligence Case is Not Fatal Where “Common Knowledge” Exception Applies

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    10 Year Anniversary – Congratulations Greg Podolak

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    Duuers: Better Proposals with Less Work
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    With over four thousand general contracting and design related expert designations, the Sebastian, Florida Construction Expert Directory offers a wide range of trial support and construction 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 nation's leading construction practice groups, Fortune 500 builders, general liability carriers, owners, as well as a variety of public entities. Utilizing in house assets which include licensed architects, civil engineers, building envelope experts, general and specialty contractors focused on the evaluation of construction claims, the firm brings national experience and local capabilities to Sebastian and the surrounding areas.

    Sebastian Florida construction expert witness public projectsSebastian Florida architectural expert witnessSebastian Florida construction claims expert witnessSebastian Florida fenestration expert witnessSebastian Florida reconstruction expert witnessSebastian Florida construction expert witness consultantSebastian Florida construction forensic expert witness
    Construction Expert Witness News & Info
    Sebastian, Florida

    Notice of Completion Determines Mechanics Lien Deadline

    August 13, 2019 —
    The California Mechanics Lien is one of the most valuable collection devices available to contractors, subcontractors and suppliers who are unpaid for work performed and materials supplied in relation to a California Private Works project. The mechanics lien allows the claimant to sell the property where the work was performed in order to obtain payment. The process starts with the recording of a mechanics lien in the office of the County Recorder where the property in question is located. As noted below, certain deadlines must be met. Know Your Mechanics Lien Filing Deadlines Generally Working within deadlines is absolutely crucial to preserving mechanics lien rights under California law. The deadlines differ, depending on whether you are a ”direct” contractor, also known as “original” or “prime” contractor (one who contracts directly with the property owner) or a subcontractor or material supplier. The primary differences are that, the direct contractor is only required to serve the “Preliminary Notice” on the Construction Lender (Civil Code section 8200-8216), whereas the subcontractor and material supplier must serve not only the Construction Lender, but also the Owner and Direct Contractor (see Civil Code section 8200(e)). Another difference is that a direct contractor has a longer period of time in which to record a mechanics lien after a valid “notice of completion” or a “notice of cessation” has been recorded (Civil Code sections 8180-8190), (60 days for original contractors as compared to 30 days for subcontractors and suppliers – See Civil Code sections 8412 and 8414). A further general description of the rules is as follows: Read the court decision
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    Reprinted courtesy of William L. Porter, Porter Law Group
    Mr. Porter may be contacted at

    Nebraska Court Ruling Backs Latest Keystone XL Pipeline Route

    September 30, 2019 —
    Advocates of the Keystone XL oil pipeline have won a victory in their long effort to construct the project, as the Nebraska Supreme Court upheld a state commission's 2017 finding that supported the project's latest route alignment through the state. Read the court decision
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    Reprinted courtesy of Tom Ichniowski, ENR
    Mr. Ichniowski may be contacted at

    Congratulations 2019 DE, MA, NJ, NY and PA Super Lawyers and Rising Stars

    December 09, 2019 —
    Fifteen White and Williams lawyers have been named by Super Lawyers as a Delaware, New Jersey or Pennsylvania "Super Lawyer" while eight received "Rising Star" designations. Each lawyer who received the distinction competed in a rigorous selection process which took into consideration peer recognition and professional achievement. The lawyers named to this year's Super Lawyer list represent a multitude of practices throughout the firm. Super Lawyers 2019 John Balaguer, PI Defense: Med Mal David Chaffin, Business Litigation Kevin Cottone, PI Defense: Med Mal Steven Coury, Real Estate: Business John Eagan, Tax: Business Randy Friedberg, Intellectual Property Bridget La Rosa, Estate Planning & Probate Christopher Leise, Civil Litigation: Defense Randy Maniloff, Insurance Coverage David Marion, Business Litigation John McCarrick, Insurance Coverage Peter Mooney, Business Litigation Michael Olsan, Insurance Coverage John Orlando, General Litigation Wesley Payne, Insurance Coverage Daryn Rush, Insurance Coverage Anthony Salvino, Workers’ Comp Patricia Santelle, Insurance Coverage Jay Shapiro, Business Litigation Heidi Sorvino, Bankruptcy: Business Craig Stewart, Business Litigation Andrew Susko, Civil Litigation: Defense Robert Wright, Insurance Coverage Read the court decision
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    Reprinted courtesy of White and Williams LLP

    Federal Court Asks South Dakota Supreme Court to Decide Whether Injunction Costs Are “Damages,” Adopts Restatement’s Position on Providing “Inadequate” Defense

    August 13, 2019 —
    Do costs associated with complying with an injunction constitute covered “damages?” The U.S. District Court for the District of South Dakota recently certified that question to the South Dakota Supreme Court, in Sapienza v. Liberty Mutual Fire Insurance Company, No. 3:18-CV-03015-RAL, 2019 U.S. Dist. LEXIS 84973 (D.S.D. May 17, 2019). If the South Dakota Supreme Court takes on the question, it will become one of the few highest state courts to do so.[1] The Sapienza case is also notable because the court adopted § 12 of the Restatement of the Law of Liability Insurance (Restatement) regarding an insurer’s potential liability for providing an “inadequate” defense. In doing so, the Sapienza court joins a growing list of courts to rely upon or cite to the Restatement. The Sapienza case arose out of an underlying dispute between residential neighbors over the size and location of the Sapienzas’ new house they built in a historic district in Sioux Falls, SD. The newly-built house allegedly prevented the neighbors from using their fireplace, blocked natural light the neighbors previously enjoyed, and decreased the value of the neighbors’ house. The neighbors sought a permanent injunction requiring the Sapienzas to modify or relocate the house. The Sapienzas’ homeowners’ insurer provided them with defense counsel, but the insurer instructed the Sapienzas that it would not cover any costs associated with an injunction as such costs did not constitute covered “damages.” Reprinted courtesy of Timothy Carroll, White and Williams LLP and Anthony Miscioscia, White and Williams LLP Mr. Schulman may be contacted at Mr. Anderson may be contacted at Read the court decision
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    EPA and the Corps of Engineers Repeal the 2015 “Waters of the United States” Rule

    January 13, 2020 —
    The pre-publication version of the final rule to be promulgated by EPA and the U.S. Army Corps of Engineers (ACOE) to repeal the 2015 redefinition of the Clean Water Act’s term “Waters of the United States” which is the linchpin of these agencies’ regulatory power under the CWA, was made available on September 12, 2019. The rule should be published in the Federal Register in the next few weeks, and it will be effective 60 days thereafter. Many challenges are expected to be filed in the federal courts. The 2015 rule was very controversial, and petitions challenging the rule were filed in many federal district courts, several courts of appeal, and finally in the Supreme Court (see NAM v. Department of Defense), which held that all initial challenges must be filed in the federal district courts. The upshot of these challenges is that, at this time, the 2015 rule has been enjoined in more than half the states while the other states are bound by the 2015 rule, a situation which is frustrating for everyone. In addition to repealing the 2015 rule, the agencies also restored the pre-2015 definition had had been in place since 1986. As a result, the pre-2015 definition of waters of the U.S. will again govern the application of the following rules: (a) the ACOE’s definition of “waters of the U.S.” at 33 CFR Section 328.3; (b) EPA’s general Oil Discharge rule at 40 CFR Section 110; (c) the SPCC rules at 40 CFR Part 112; (d) EPA’s designation of hazardous substances at 40 CFR Part 116; (e) EPA’s hazardous substance reportable quantity rule at 40 CFR Part 117; (f) the NPDES permitting rules at 40 CFR Part 122; (g) the guidelines for dredged or fill disposal sites at 40 CFR Part 230; (g) Exempt activities not requiring a CWA 404 permit (guidelines for 404 disposal sites at 40 CFR Part 232); (h) the National Contingency Plan rules at 40 CFR Part 300; (i) the designation of reportable quantities of hazardous substances at 40 CFR Part 302; and (j) EPA’s Effluent Guidelines standards at 40 CFR Part 401. Read the court decision
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    Reprinted courtesy of Anthony B. Cavender, Pillsbury
    Mr. Cavender may be contacted at

    How a Robot-Built Habitat on Mars Could Change Construction on Earth

    October 14, 2019 —
    According to a 2018 report by the International Energy Agency and UN Environment, the global construction industry is responsible for 39% of energy-related carbon-dioxide emissions. That is a huge, scary number—but one that comes with an equally large opportunity to mitigate climate change. The 2015 Paris climate talks revealed that by using existing technology, construction could cut global carbon emissions by up to a third. Read the court decision
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    Reprinted courtesy of Drew Turney, ENR
    ENR may be contacted at

    Trio of White and Williams Attorneys Named Top Lawyers by Delaware Today

    January 06, 2020 —
    White and Williams is pleased to announce that John Balaguer, Managing Partner of the Wilmington office, Partner Stephen Milewski, and Counsel Dana Spring Monzo have been chosen by their peers as Delaware Today's 2019 "Top Lawyers." The annual list recognizes John, Steve and Dana in the practice area of Medical Malpractice, Defense. Delaware Today conducts an annual survey of the 4,900 members of the Delaware State Bar Association to identify top lawyers in specific practice areas. The magazine’s editors compile the results to create the annual Top Lawyers list, which is published in the November issue. Reprinted courtesy of White and Williams attorneys John Balaguer, Stephen Milewski and Dana Monzo Mr. Balaguer may be contacted at Mr. Milewski may be contacted at Ms. Monzo may be contacted at Read the court decision
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    Nonresidential Construction Employment Expands in August, Says ABC

    December 16, 2019 —
    The construction industry added 14,000 net new jobs in August, according to an Associated Builders and Contractors analysis of data released by the U.S. Bureau of Labor Statistics. On a year-over-year basis, industry employment has expanded by 177,000 jobs, or 2.4%. Nonresidential construction employment increased by 11,600 net jobs in August and is up by 114,200 net jobs over the last 12 months, translating into 2.5% growth. The majority of job gains emerged from nonresidential specialty trade contractors, which added 5,400 jobs last month and nearly 103,000 positions over the past year. Heavy and civil engineering added 4,400 net new jobs, while nonresidential building added 1,800 jobs on a monthly basis. The construction unemployment rate stood at 3.6% in August, up 0.2 percentage points from the same time last year. Unemployment across all industries stood at 3.7% in August, unchanged from the previous month. “While job growth across all industries fell short of projections, today’s employment report was just about perfect,” said ABC Chief Economist Anirban Basu. “Yes, employment growth has been softening for quite some time, with average monthly job growth totaling 150,000 during the last six months after approaching 200,000 during the prior six-month period. And employment growth estimates were also revised lower for both June and July. That said, looking beyond the headline number, August’s labor market performance was more than respectable, even accounting for about 25,000 of the jobs being added for temporary Census work. Reprinted courtesy of ABC, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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