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    St Lucie, 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 St Lucie 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 St Lucie Florida

    “You’re Out of Here!” -- CERCLA (Superfund) Federal Preemption of State Environmental Claims in State Courts

    Privity Problems Continue for Additional Insureds in the Second Circuit

    Tom Newmeyer Elected Director At Large to the 2017 Orange County Bar Association Board of Directors

    Apple to Open Steve Jobs-Inspired Ring-Shaped Campus in April

    Falling Crime Rates Make Dangerous Neighborhoods Safe for Bidding Wars

    County Officials Refute Resident’s Statement that Defect Repairs Improper

    Massachusetts Court Holds Statute of Repose Bars Certain Asbestos-Related Construction Claims

    Fire Tests Inspire More Robust Timber Product Standard

    What Are The Most Commonly Claimed Issues In Construction Defect Litigation?

    Saudi Arabia Awards Contracts for Megacity Neom’s Worker Housing

    Policy's Operation Classification Found Ambiguous

    Metrostudy Shows New Subdivisions in Midwest

    Appraisal Process Analyzed

    ICE Said to Seek Mortgage Role Through Talks With Data Service

    Undocumented Debris at Mississippi Port Sparks Legal Battle

    Unfortunate Event Test Leads to Three Occurrences

    20 Years of BHA at West Coast Casualty's CD Seminar: Chronicling BHA's Innovative Exhibits

    Everyone Wins When a Foreclosure Sale Generates Excess Proceeds

    Insurance for Defective Construction Now in Third Edition

    Court of Appeals Discusses Implied Duty of Good Faith and Fair Dealing in Public Works Contracting

    Is It Time to Revisit Construction Defects in Kentucky?

    Final Furnishing Date is a Question of Fact

    US Secretary of Labor Withdraws Guidance Regarding Independent Contractors

    Orange County Home Builder Dead at 93

    Construction Upturn in Silicon Valley

    Millennials Skip the Ring and Mortgage

    Zillow Topping Realogy Shows Web Surge for Housing Market

    Delays in Filing Lead to Dismissal in Moisture Intrusion Lawsuit

    Last Call: Tokyo Iconic Okura Hotel Meets the Wrecking Ball

    Jobsite Safety, Workforce Shortage Drive Innovation in Machine Automation

    Board of Directors Guidance When Addressing Emergency Circumstances Occasioned by the COVID-19 Pandemic

    President Trump’s Infrastructure Plan Requires a Viable Statutory Framework (PPP Statutes)[i]

    Product Liability Alert: “Sophisticated User” Defense Not Available by Showing Existence of a “Sophisticated Intermediary”

    Construction Defect Bill Removed from Committee Calendar

    Buyer Alleges Condo Full of Mold and Mice

    Agree to Use your “Professional Best"? You may Lose Insurance Coverage! (Law Note)

    Expert Excluded After Never Viewing Damaged Property

    NYC Luxury-Condo Buyers Await New Towers as Sales Slow

    Arizona Supreme Court Leaves Limits on Construction Defects Unclear

    Housing Starts in U.S. Little Changed From Stronger January

    Blackstone to Buy Cosmopolitan Resort for $1.73 Billion

    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

    In Personal Injury Actions, Prejudgment Interest on Costs Not Recoverable

    Repairs Commencing on Defect-Ridden House from Failed State Supreme Court Case

    Hong Kong Popping Housing Bubbles London Can’t Handle

    Senate Overwhelmingly Passes Water Infrastructure Bill

    Los Angeles Tower Halted Over Earthquake and other Concerns

    Los Angeles Construction Sites May Be on Fault Lines

    Broker for Homeowners Policy Has No Duty to Advise Insureds on Excess Flood Coverage

    Seventh Circuit Confirms Additional Insured's Coverage for Alleged Construction Defects
    Corporate Profile


    Leveraging from approximately 5000 construction defect and claims related expert witness designations, the St Lucie, Florida Construction Expert Directory offers a wide range of trial support and construction consulting services to construction claims professionals seeking effective resolution of construction defect and claims matters. BHA provides construction claims investigation and expert services to the industry's leading construction practice groups, Fortune 500 builders, insurers, owners, as well as a variety of public entities. Utilizing in house resources which include building envelope experts, forensic architects, professional engineers, credentialed construction standard of care consultants, the firm brings national experience and local capabilities to St Lucie region.

    St Lucie Florida roofing construction expertSt Lucie Florida structural concrete expertSt Lucie Florida multi family design expert witnessSt Lucie Florida expert witnesses fenestrationSt Lucie Florida expert witness structural engineerSt Lucie Florida eifs expert witnessSt Lucie Florida hospital construction expert witness
    Construction Expert Witness News & Info
    St Lucie, Florida

    Zero-Energy Commercial Buildings Increase as Contractors Focus on Sustainability

    February 10, 2020 —
    Imagine a functional, low energy commercial building that annually consumes only as much power as the building creates with on-site, clean, renewable resources. From coast to coast, there is considerable momentum for zero-energy (ZE) buildings, also known as ZEB’s or net-zero energy buildings (NZEBs). Although still an emerging market, the growth trend for ZEBs is steep. The world’s net-zero energy market for commercial and residential projects is expected to exceed $1.4 trillion by 2035. The number of ZEBs across North America has dramatically increased since 2010 which encompasses about 80 million square feet of commercial building space. ZE has captured the attention of building owners, developers, architects, engineers, contractors, designers, policymakers and others who see its potential to efficiently use clean energy resources to reduce the substantial carbon footprint of buildings. Real Applications of Net Zero From 2012 to 2019, the number of ZE projects has increased ten-fold. According to the “2019 Getting to Zero Project List” released in May 2019 by the New Buildings Institute, a nonprofit organization striving to achieve better energy performance in commercial buildings, the total number of certified, verified and emerging ZE projects grew to 607 in 2019. New projects continue to appear regularly. Today, hundreds of ZE buildings, including commercial buildings of all types (including retail, office, warehouse, hotel, educational and government) are being developed. Reprinted courtesy of Jeffrey S. Wertman, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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    Reprinted courtesy of

    Scope of Alaska’s Dump Lien Statute Substantially Reduced For Natural Gas Contractors

    March 16, 2020 —
    In All American Oilfield, LLC v. Cook Inlet Energy, LLC,[1] the Supreme Court of Alaska clarified and substantially reduced a natural gas contractor’s ability to secure a preferred lien for its contribution to a natural gas well. Alaska’s dump lien statute (AS § 34.35.140) authorizes a laborer to claim a lien for the amount owed for their labor in the production of a “dump or mass” of “extracted, hoisted and raised” matter from a mine. While Alaska’s dump lien statute is one of three Alaskan statutes allowing laborers to attach liens to mines, mining equipment or minerals,[2] the dump lien statute is unique because it is prior and preferred over other liens, increasing the laborer’s chance of being paid in a bankruptcy proceeding. Attaching a lien to a “dump or mass” of hard-rock minerals piled outside a mine or oil stored in a tank is relatively straightforward. However, natural gas is typically left in its natural reservoir until removed by a pipeline that carries the gas to a location far from the mine. Natural gas is not extracted and stored in a “dump or mass” like other minerals, and until August 2019, controversy existed over how—or if—the dump lien statute could be used by natural gas contractors. Read the court decision
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    Reprinted courtesy of Trevor Lane, Ahlers Cressman & Sleight PLLC
    Mr. Lane may be contacted at

    COVID-19 Is Not Direct Physical Loss Or Damage

    April 13, 2020 —
    Is a cash register that is not being used damaged property? When you need to wash a table, a chair, or a section of flooring with readily available cleaning products to make them safe and useable, are you repairing damaged property? Is a spilled cup of coffee waiting to be wiped up actual damage to the premises? If your customers stay home to help stop the spread of a virus, has there been a physical loss inside your shuttered store or restaurant? The insuring agreements typically found in commercial property insurance policies require “direct physical loss of or damage to” covered property as the triggering event. Without establishing direct physical loss or damage a policyholder cannot meet its burden to trigger coverage for a purely economic loss of business income resulting from shuttering its business due to concerns over exposure to—or even the actual presence of—COVID-19. Despite this well-understood policy language, it is already beyond question that insurers will confront creative—albeit strained—arguments from policyholder firms attempting to trigger coverage for pure economic loss. The scope of the human and economic tragedy we all face will be matched by the scope of the effort to force the financial harm onto insurance companies. The plaintiffs in what appears to be the first-filed case seeking a declaratory judgment in the context of first-party insurance coverage rely on the assertion that “contamination of the insured premises by the Coronavirus would be a direct physical loss needing remediation to clean the surfaces” of its establishment, a New Orleans restaurant, to trigger coverage for business interruption.[1] See Cajun Conti, LLC, et. al. v. Certain Underwriters at Lloyd’s, London, et. al. Civil District Court for the Parish of Orleans, State of Louisiana. The complaint alleges that the property is insured under an “all risk policy” defining “covered causes of loss” as “direct physical loss.” The plaintiffs rely on the alleged presence of the virus on “the surface of objects” in certain conditions and the need to clean those surfaces. They go so far as to claim that “[a]ny effort by [the insurer] to deny the reality that the virus causes physical damage and loss would constitute a false and potentially fraudulent misrepresentation. . . .” Reprinted courtesy of Gordon & Rees attorneys Joseph Blyskal, Dennis Brown and Michelle Bernard Mr. Blyskal may be contacted at Mr. Brown may be contacted at Ms. Bernard may be contacted at Read the court decision
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    Avoid Five Common Fraudulent Schemes Used in Construction

    December 02, 2019 —
    Here’s an attention-getting statistic: A typical case of fraud in the construction industry has a median loss of $227,000, according to the 2018 Report to the Nations issued by the Association of Certified Fraud Examiners (ACFE) on occupational or internal fraud. This report further showed that the construction industry’s median loss is approximately $119,000 higher than the average fraud losses across all industries. Construction companies are most at risk for fraud related to corruption (such as bribes and kickbacks), billing related schemes, expense reimbursements, check tampering and equipment or material theft. This brings up three important questions:
    • What are the fraud schemes affecting your company?
    • How can contractors keep their companies from experiencing these types of fraud?
    • What is the profile of fraudster?
    The threat of fraud can never be wholly removed; however, companies should take steps to identify likely fraud schemes they might face. Below are a number of schemes frequently used to defraud construction companies. Reprinted courtesy of Ken Van Bree, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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    Reprinted courtesy of

    Sustainability Puts Down Roots in Real Estate

    January 27, 2020 —
    Sustainability has evolved from a passing trend or niche preference into an undeniable, growing driver of the real estate market. This is particularly true as millennials comprise an increasing proportion of the workforce, home-buying population, and individuals influencing the future of real estate development in the United States. If anything illustrates the significance of younger generations’ increasing interest in sustainability, it is the Global Climate Strike that drew participation of many thousands of young people, with 2,500 events scheduled in over 150 countries. In New York City, 1.1 million public school students were excused from school to join the strike in an event planned to precede the UN Summit, which itself was intended to push countries toward a commitment to faster transition to renewable energy and stricter climate targets. While both policymakers and citizens of previous generations have been split on their willingness to address global climate change with urgency, younger generations are feeling a stronger sense of responsibility for curbing the world’s trajectory towards a climate catastrophe, which will be inherited by them and their children. This has manifested in action that promotes awareness of and political action with respect to these issues—such as the Global Climate Strike—as well as evolving habits and preferences in both consumer goods and real estate. Greener Space In recent years, real estate developers have recognized that there is a market for “greener” developments that reduce annual expenditures on buildings, whether it be through small spaces requiring less electricity and promoting energy efficiency, or through renewable energy options such as solar photovoltaic power. Some real estate developers have chosen to install these options themselves, while others seek out sustainable financing options to cover the costs of renewable energy. If installing renewable energy is too costly, real estate developers will seek out more cost-effective locations for their brick-and-mortar operations. Read the court decision
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    Reprinted courtesy of Stephanie Amaru, Pillsbury
    Ms. Amaru may be contacted at

    California Attempts to Tackle Housing Affordability Crisis

    December 22, 2019 —
    It’s a bit too early yet for our 2020 Construction Law Update but here’s a preview of some of the new laws taking effect next year. Earlier this month, Governor Gavin Newsom signed a slate of 18 bills to boost housing production in an effort to tackle the state’s housing affordability crisis. First, a bit of background. California currently ranks 49th among the states in housing units per resident. Experts say that the state needs to double its current rate of housing production of 85,000 unit per year just to keep up with population growth and four times the current rate to reduce housing costs. Anecdotally, here in the San Francisco Bay Area, the median rent for a one-bedroom apartments in San Francisco is currently $3,690 per month or $44,280 per year. However, as of May 2018, according to the U.S. Bureau of Statistics, the annual mean wage of a teller is just $32,840, for farmworkers $34,700, and for teachers $48,250. And that’s before taxes. Let that sink in for a moment. The result is one in five Californians live in poverty, the highest rate in the nation, when factoring in the cost of living. Read the court decision
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    Reprinted courtesy of Garret Murai, Nomos LLP
    Mr. Murai may be contacted at

    Addressing Safety on the Construction Site

    January 27, 2020 —
    For this week’s Construction Law Musings Guest Post, we welcome a new face, Patrick Rafferty. Patrick (@ThePraff) is a consultant for Brahman Systems and has an interest in construction safety. First of all, I’d like to say that I am not an attorney. Anything I say in this article should be taken with a grain of salt. All of the information that I have written in this article comes from personal work experience on the worksite. Each year, construction sites around the nation see hundreds of thousands of injuries related to equipment operation and situations that could be avoidable with the right precautions in place. In 2011 alone, according to the Occupational Safety and Health Administration, there were 4,069 workers killed on a construction site, most of which were avoidable. Though some sort of on-site problems are unavoidable, they can be minimized with simple practices that every construction site should have in place, whether it is the building of a high-rise building or a simple house renovation. Here are some of the most common issues that lead to injuries on the construction site: Lack of training Before anyone steps onto a construction site, they need to have a thorough understanding of not only what they will be doing, but also how to use the equipment involved in the building process. All operators of heavy machinery should have verifiable training on the machine or equipment they will operate. Most equipment dealers offer training as part of their customer service, such as usage manuals, videos and quizzes. Once these are complete, many will offer a certificate of completion at the end of the process. The larger and more complex the machine, the more time should be allotted for training. Read the court decision
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    Reprinted courtesy of The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at

    New York Instructs Property Carriers to Advise Insureds on Business Interruption Coverage

    April 13, 2020 —
    The New York Department of Financial Services (DFS) took the unusual step last week of instructing all property/casualty insurers to provide information on commercial property insurance and details on business interruption coverage in light of the COVID-19 outbreak. The notice is here. The notice recognizes that policyholders have urgent questions about the business interruption coverage under their policies. Insurers must explain to policyholders the benefits under their policies and the protections provided in connection with COVID-19. The explanation to policyholders is to include the following relevant information.
    What type of commercial property insurance or otherwise related insurance policy does the insured hold?
    Does the insured's policy provide "business interruption" coverage? If so, provide the "covered perils" under such policy. Please also indicate whether the policy contains a requirement for "physical damage or loss" and explain whether contamination related to a pandemic may constitute "physical damage or loss." Please describe what type of damage or loss is sufficient for coverage under the policy.
    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