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

    Commercial and Residential Contractors License Required.


    Construction Expert Witness Contractors Building Industry
    Association Directory
    Polk County Builders Association
    Local # 1028
    2232 Heritage Dr
    Lakeland, FL 33801
    http://www.pcba.com

    Tampa Bay Builders Association
    Local # 1036
    11242 Winthrop Main St
    Riverview, FL 33578
    http://www.tbba.net

    Home Builders & CA of Brevard
    Local # 1012
    1500 W Eau Gallie Blvd Ste A
    Melbourne, FL 32935
    http://www.hbca-brevard.org

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


    Home Builders Association of Manatee - Sarasota County
    Local # 1041
    8131 Lakewood Main St Ste 207
    Lakewood Ranch, FL 34202
    http://hbamanatee-sarasota.org/

    Hernando Bldrs Assoc
    Local # 1010
    7391 Sunshine Grove Rd
    Brooksville, FL 34613
    http://www.hernandobuilders.com

    Treasure Coast Builders Association
    Local # 1030
    6560 South Federal Highway
    Port Saint Lucie, FL 34952
    http://www.treasurecoastba.com


    Construction Expert Witness News and Information
    For Tampa Florida

    Insurer Must Defend Insured Against Construction Defect Claims

    Contractor Liable for Soils Settlement in Construction Defect Suit

    Absence of Property Damage During Policy Period Equates to No Coverage

    KF-103 v. American Family Mutual Insurance: An Exception to the Four Corners Rule

    Mass. Gas Leak Follows NTSB Final Report, Call for Reforms

    Court Throws Wet Blanket On Prime Contractor's Attorneys' Fees Request In Prompt Payment Case

    FEMA Administrator Slams Failures to Prepare, Evacuate Before Storms

    Use It or Lose It: California Court of Appeal Addresses Statutes of Limitations for Latent Construction Defects and Damage to Real Property

    Preserving your Rights to Secure Payment on Construction Projects (with Examples)

    Contractors: Beware the Subordination Clause

    Making the World’s Longest Undersea Railway Tunnel Possible with BIM

    Excess Insurer On The Hook For Cleanup Costs At Seven Industrial Sites

    Introducing Nomos LLP!

    Previously Owned U.S. Home Sales Rise to Eight-Month High

    National Demand Increases for Apartments, Refuting Calls for Construction Defect Immunity in Colorado

    Construction Problem Halts Wind Power Park

    A Few Green Building Notes

    Motion to Dismiss Insurer's Counterclaim for Construction Defects Is Granted

    Sometimes you Need to Consider the Coblentz Agreement

    Harmon Towers to Be Demolished without Being Finished

    Jury Awards 20 Million Verdict Against Bishop Abbey Homes

    Court Again Defines Extent of Contractor’s Insurance Coverage

    Changes to Pennsylvania Mechanic’s Lien Code

    What Happens When a Secured Creditor Files a Late Claim in an Equity Receivership?

    Los Angeles Considering Census of Seismically Unstable Buildings

    Nevada Judge says Class Analysis Not Needed in Construction Defect Case

    No Coverage Based Upon Your Prior Work Exclusion

    Judgment for Insured Upheld After Insurer Rejects Claim for Hurricane Damage

    2013 May Be Bay Area’s Best Year for Commercial Building

    Ahead of the Storm: Preparing for Dorian

    Ambiguity Kills in Construction Contracting

    What Rich Millennials Want in a Luxury Home: 20,000 Square Feet

    Newmeyer & Dillion Appoints Partner Carol Zaist as General Counsel

    Defects in Texas High School Stadium Angers Residents

    Downtown Sacramento Building Riddled with Defects

    Man Pleads Guilty in Construction Kickback Scheme

    Replacement of Defective Gym Construction Exceeds Original Cost

    Schools Remain Top Priority in Carolinas as Cleanup From Storms Continues

    On to Year Thirteen for Blog

    Colorado HB 13-1090: Concerning Payment of Amounts Due Under a Construction Agreement

    Reference to "Man Made" Movement of Earth Corrects Ambiguity

    Is the Issuance of a City Use Permit Referable? Not When It Is an Administrative Act

    Construction Venture Sues LAX for Nonpayment

    Fire Tests Inspire More Robust Timber Product Standard

    Can We Compel Insurers To Cover Construction Defect in General Liability Policies?

    Montana Court Finds Duty to Defend over Construction Defect Allegation

    Forget Backyard Pools, Build a Swimming Pond Instead

    Canada Home Resales Post First Fall in Eight Months

    Updates to the CEQA Guidelines Have Been Finalized

    New York Appellate Court Holds Insurer’s Failure to Defend Does Not Constitute a “Reasonable Excuse” Required to Overturn Judgment
    Corporate Profile

    TAMPA FLORIDA CONSTRUCTION EXPERT WITNESS
    DIRECTORY AND CAPABILITIES

    With over four thousand construction and design related expert witness designations, the Tampa, Florida Construction Expert Directory provides a single point of reference for construction defect and claims related support to legal professionals and construction practice groups concerned with construction defect and claims matters. BHA provides construction claims and trial support services to the industry's most recognized construction attorneys, Fortune 500 builders, CGL carriers, owners, as well as a variety of public entities. In connection with in house personnel which comprise construction cost and scheduling experts, registered design professionals, forensic engineers, certified professional estimators, the firm brings national experience and local capabilities to Tampa and the surrounding areas.

    Tampa Florida defective construction expertTampa Florida construction expert witnessesTampa Florida building consultant expertTampa Florida construction forensic expert witnessTampa Florida ada design expert witnessTampa Florida construction safety expertTampa Florida construction defect expert witness
    Construction Expert Witness News & Info
    Tampa, Florida

    KONE is Shaking Up the Industry with BIM

    January 20, 2020 —
    KONE supplies elevators, escalators, autowalks and maintenance and modernization solutions. I sat down with Kenneth Flannigan to discuss how BIM is changing KONE and what it means to the industry. KONE operates in over 60 countries, has around 1.3 million units in service, and moves over one billion people per day. The company’s mission is “to improve the flow of urban life.” Kenneth Flannigan is the BIM Solution Owner for the company. He acknowledges that even though KONE provides equipment and software innovation, in this day and age that’s not enough. “We’re a critical path item. How innovative are we if we’re not working on every single project in a shared 3D environment, like our customers?” Flannigan asks. KONE serves both indirect and paying customers. It works with influencers like architects and with general contractors, builders, and construction managers. It also has a life-cycle relationship with building owners, which is evidenced by the fact that over 30% of the company’s sales come from maintenance. Read the court decision
    Read the full story...
    Reprinted courtesy of Aarni Heiskanen, AEC Business
    Mr. Heiskanen may be contacted at aec-business@aepartners.fi

    Design-Assist, an Ambiguous Term Causing Conflict in the Construction Industry[1]

    December 02, 2019 —
    “Design-Assist” is one of the recent cost-saving trends being touted for construction projects and, in particular, construction projects utilizing alternative procurement methods. If an internet search for the term, “design-assist” is made, the result will be numerous construction industry articles and white papers lauding “design-assist” as a recent cost-saving trend in construction procurement. From a legal perspective, however, the term “design-assist” is notably absent from court opinions and most state licensing laws. With the exception of the ConsensusDocs, few standard form contracts even include the term “design-assist” in their text. The ConsensusDocs agreement provides examples of the Constructor’s obligations to perform “assisting activities” (the term “design-assist” is not used) and states that, notwithstanding the performance of such “assisting activities” by the Constructor, the responsibility of the design remains with the Designer unless otherwise stated in the Contract:
    • Article 4.5 DESIGN PROFESSIONAL’S RESPONSIBIITIES The Designer shall furnish or provide all design and engineering services necessary to design the Project in accordance with the Owner’s objectives … the Designer shall draw upon the assistance of Constructor and others in developing the design, but the Designer shall retain overall responsibility for all design decisions….
    • Article 4.6 CONSTRUCTOR’S RESPONSIBILITIES [T]he Constructor shall assist the Designer in the development of the Project Plan and Project Design but shall not provide professional services which constitute the practice of architecture or engineering unless the Constructor needs to provide such services in order to carry out its responsibilities … or unless specifically called for by the Contract Documents.
    Read the court decision
    Read the full story...
    Reprinted courtesy of John P. Ahlers, Ahlers Cressman & Sleight PLLC
    Mr. Ahlers may be contacted at john.ahlers@acslawyers.com

    Singapore Unveils Changes to Make Public Housing More Affordable

    September 23, 2019 —
    Singapore may increase its supply of public housing next year as the city-state introduced measures Tuesday aimed at making such homes more affordable. Minister for National Development Lawrence Wong said the measures would help more Singaporeans from lower to upper-middle income households buy their first homes. The Housing & Development Board, which is the body responsible for public housing, would probably have to increase supply in 2020 to meet the additional demand expected to stem from the changes, according to a joint statement from MND and HDB. Read the court decision
    Read the full story...
    Reprinted courtesy of Katrina Nicholas & Joyce Koh, Bloomberg

    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
    Read the full story...
    Reprinted courtesy of Stephanie Amaru, Pillsbury
    Ms. Amaru may be contacted at stephanie.amaru@pillsburylaw.com

    Motion to Strike Insurer's Expert Opinion Granted

    August 13, 2019 —
    The court granted the insured's motion to strike the testimony of the insurer's expert because the opinion lacked sufficient explanation or analysis. Affinity Mut. Ins. v. Thacker Air Conditioning Refrigeration Heating, 2019 U.S. Dist. LEXIS 84713 (N.D. Ind. May 20, 2019). The insured owned a market that needed renovations. The roof over an addition to the market extended from the wall of the extension to the top of the existing roof. The area between the old and new roofs was filled with blown-in insulation, so that the structural support from the new overbuilt roof was not visible. The weight of the overbuilt roof rested on top of the existing roof at the point where they met. This added additional weight on the trusses supporting the main roof. In 2014, the market upgraded the building with heating and insulation. Thacker was a subcontractor for work on the hearing system. Six gas furnaces, spaced about 35 feet apart along the length of the building, were placed by Thacker. The total weight of each unit was estimated at 280 pounds. 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

    Hudson River PCB Cleanup Lands Back in Court

    September 03, 2019 —
    As it previously had warned, New York state on Aug. 21 filed a federal lawsuit against the U.S. Environmental Protection Agency seeking to reverse its certification that General Electric Co.'s removal of PCBs from the Hudson River was complete, despite the agency’s five-year review finding that the cleanup was not adequate to protect human health and the environment. Read the court decision
    Read the full story...
    Reprinted courtesy of Mary B. Powers, ENR
    ENR may be contacted at ENR.com@bnpmedia.com

    AB5, Dynamex, the ABC Standard, and their Effects on the Construction Industry

    December 09, 2019 —
    Last year, we reported that the California Supreme Court in Dynamex Operations West, Inc. v. Superior Court (2018) 4 Cal.5th 903 (“Dynamex”) adopted a new, pro-employment standard (the “ABC Standard”), which presumes a worker is an employee versus an independent contractor under California wage orders and regulations. Assembly Bill 5 (“AB5”) has now been passed by the California Legislature and signed by Governor Newsom. Bill AB5 codifies the ABC Standard and brings increased costs, administrative duties, and legal risks for hiring parties on multiple fronts, including, but not limited to:
    • Payroll taxes;
    • Meals, breaks and overtime policies and enforcement and premium pay;
    • Benefits;
    • Leave and PTO policies, requirements and enforcement;
    • Wage order violations;
    • Labor Code violations and Private Attorney General Actions (“PAGA”) claims;
    • Unemployment insurance; and
    • Workers’ compensation coverage, claims, and premiums.
    Read the court decision
    Read the full story...
    Reprinted courtesy of Donald A. Velez, Smith Currie
    Mr. Velez may be contacted at davelez@smithcurrie.com

    The Advantages of Virtual Reality in Construction

    August 20, 2019 —
    Virtual realty provides an unparalleled spatial sense for visualization at a lower cost than full-scale replicas. Today, VR is being used heavily in preconstruction to align owner expectations and educate design team stakeholders. For those already employing BIM solutions, coordination can be made much more effective by leveraging existing design models with very little added cost. As anyone who has tried a VR headset before can attest, the ability to accurately perceive spatial relationships in design cannot be replicated through traditional 2D media such as screens or paper. VR solutions also have the ability to iterate rapidly. These technologies are linked to BIM, providing real-time feedback as the design changes. This is in stark contrast to traditional full-scale mockups and offline renders, which are cumbersome and time-consuming to update with design changes. Substantial benefits without a hefty price tag Budget limitations and ROI are always a concern with emerging technology. Fortunately, VR comes cheaply with BIM production. These solutions are significantly less expensive than full-scale mockups and far more efficient when compared to longhand sequencing explanations and esoteric detailing of complex designs. Even the most elaborate VR setups are a fraction of overall construction cost, ranging from a few hundred to a few thousand dollars depending on the level of adoption. Reprinted courtesy of Spivey Lipsey, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
    Read the full story...
    Reprinted courtesy of