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    Vero Beach, 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 Vero Beach Florida

    Commercial and Residential Contractors License Required.


    Construction Expert Witness Contractors Building Industry
    Association Directory
    Highlands County Builders Association
    Local # 1022
    PO Box 7546
    Sebring, FL 33872


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

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

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

    Polk County Builders Association
    Local # 1028
    2232 Heritage Dr
    Lakeland, FL 33801
    http://www.pcba.com

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

    Charlotte-DeSoto Building Industry Association
    Local # 1002
    17984 Toledo Blade Blvd
    Port Charlotte, FL 33948
    http://www.cdbia.com


    Construction Expert Witness News and Information
    For Vero Beach Florida

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

    Carroll Brock of Larchmont Homes Dies at Age 88

    Unrelated Claims Against Architects Amount to Two Different Claims

    Suit Against Broker for Securing Inadequate Coverage Dismissed on Statute of Limitations Grounds

    China Home Glut May Worsen as Developers Avoid Price Drop

    Insurer Must Defend Insured Against Construction Defect Claims

    Owners Bound by Arbitration Clause on Roofing Shingles Packaging

    Employee Handbooks—Your First Line of Defense

    When Construction Contracts Go Sideways in Bankruptcy

    $24 Million Verdict Against Material Supplier Overturned Where Plaintiff Failed To Prove Supplier’s Negligence Or Breach Of Contract Caused A SB800 Violation

    The Construction Industry's Health Kick

    Learning from Production Homes of the Past

    When Is Mandatory Arbitration Not Mandatory?

    Partner Jonathan R. Harwood Obtained Summary Judgment in a Coverage Action Arising out of a Claim for Personal Injury

    Subsequent Owners of Homes Again Have Right to Sue Builders for Construction Defects

    Wage Theft Investigations and Citations in the Construction Industry

    Floors Collapse at Russian University in St. Petersburg

    Investigation of Orange County Landslide

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    The Right to Repair Act (Civ.C §895 et seq.) Applies and is the Exclusive Remedy for a Homeowner Alleging Construction Defects

    Contractors with Ties to Trustees Reaped Benefits from LA Community College Modernization Program

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    Home Prices in 20 U.S. Cities Increase at Slower Pace

    Insured Versus Insured Clause Does Not Bar Coverage

    Georgia Supreme Court Addresses Anti-Indemnity Statute

    Stucco Contractor Trying to Limit Communication in Construction Defect Case

    Few Homes Available to Reno Buyers, Plenty of Commercial Properties

    Insurer Not Bound by Decision in Underlying Case Where No Collateral Estoppel

    Trump Tower Is Now One of NYC’s Least-Desirable Luxury Buildings

    Illinois Couple Files Suit Against Home Builder

    Appellate Attorney’s Fees and the Significant Issues Test

    Is New York Heading for a Construction Defect Boom?

    Changing Course Midstream Did Not Work in River Dredging Project

    Remand of Bad Faith Claim Evidences Split Among Florida District Courts

    ZLien Startup has Discovered a Billion in Payments for Clients

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    TOLLING AGREEMENTS: Construction Defect Lawyers use them to preserve Association Warranty Claims during Construction Defect Negotiations with Developers

    Anatomy of a Construction Dispute- An Alternative

    Amid the Chaos, Trump Signs Executive Order Streamlining Environmental Permitting and Disbands Infrastructure Council

    Building Recovery Comes to Las Vegas, Provides Relief

    Insurer's Attempt to Strike Experts in Collapse Case Fails

    Update: Where Did That Punch List Term Come From Anyway?

    Impaired Property Exclusion Bars Coverage When Loose Bolt Interferes with MRI Unit Operation

    Not So Universal Design Fails (guest post)

    Court Exclaims “Enough!” To Homeowner Who Kept Raising Wrongful Foreclosure Claims

    North Dakota Universities Crumble as Oil Cash Pours In

    Arizona Rooftop Safety: Is it Adequate or Substandard?

    District Court denies Carpenters Union Motion to Dismiss RICO case- What it Means

    Coverage, Bad Faith Upheld In Construction Defect Case

    The Miller Act Explained
    Corporate Profile

    VERO BEACH FLORIDA CONSTRUCTION EXPERT WITNESS
    DIRECTORY AND CAPABILITIES

    Through over four thousand building and construction related expert designations, the Vero Beach, Florida Construction Expert Directory provides a wide range of trial support and construction consulting services to attorneys and construction practice groups concerned with construction defect and claims matters. BHA provides building related trial support and expert 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 assets which include credentialed construction consultants, NCARB certified architects, forensic engineers, building envelope and design experts, the firm brings regional experience and flexible capabilities to the Vero Beach construction industry.

    Vero Beach Florida roofing construction expertVero Beach Florida consulting architect expert witnessVero Beach Florida slope failure expert witnessVero Beach Florida construction expert witness consultantVero Beach Florida building code expert witnessVero Beach Florida construction expert witnessVero Beach Florida eifs expert witness
    Construction Expert Witness News & Info
    Vero Beach, Florida

    Serving Notice of Nonpayment Under Miller Act

    January 20, 2020 —
    Under the federal Miller Act, if a claimant is NOT in privity with the prime contractor, it needs to serve a “notice of nonpayment” within 90 days of its final furnishing. In this manner, 40 U.S.C. 3133 (b)(2) states: A person having a direct contractual relationship with a subcontractor but no contractual relationship, express or implied, with the contractor furnishing the payment bond may bring a civil action on the payment bond on giving written notice to the contractor within 90 days from the date on which the person did or performed the last of the labor or furnished or supplied the last of the material for which the claim is made. The action must state with substantial accuracy the amount claimed and the name of the party to whom the material was furnished or supplied or for whom the labor was done or performed. The notice shall be served–
    (A) by any means that provides written, third-party verification of delivery to the contractor at any place the contractor maintains an office or conducts business or at the contractor’s residence; or (B) in any manner in which the United States marshal of the district in which the public improvement is situated by law may serve summons.
    Read the court decision
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    Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
    Mr. Adelstein may be contacted at dma@kirwinnorris.com

    California Supreme Court Holds that Requirement of Prejudice for Late Notice Defense is a Fundamental Public Policy of the State for Choice of Law Analysis

    November 04, 2019 —
    California’s highest court held yesterday in Pitzer College v. Indian Harbor Insurance Co., that the state’s insurance notice-prejudice rule is a “fundamental public policy” for the purpose of choice of law analyses. This unanimous ruling, issued in response to certified questions from the Ninth Circuit, confirms and emphasizes California’s common law rule that policyholders who provide “late notice” may proceed with their insurance claim, absent a showing by the insurer of substantial prejudice. The California Supreme Court also extended the prejudice requirement, holding that a first-party insurer must show that it was prejudiced before denying coverage under a policy’s “consent provision,” which typically provides that the policyholder must obtain the insurer’s “consent” before incurring costs and expenses. Reprinted courtesy of Hunton Andrews Kurth attorneys Lorelie S. Masters, Michael S. Levine and Michelle M. Spatz Ms. Masters may be contacted at lmasters@HuntonAK.com Mr. Levine may be contacted at mlevine@HuntonAK.com Ms. Spatz may be contacted at mspatz@HuntonAK.com Read the court decision
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    Reprinted courtesy of

    The Murky Waters Between "Good Faith" and "Bad Faith"

    September 30, 2019 —
    In honor of Shark Week, that annual television-event where we eagerly flip on the Discovery Channel to get our fix of these magnificent (and terrifying!) creatures, I was inspired to write about the “predatory” practices we’ve encountered recently in our construction insurance practice. The more sophisticated the business and risk management department is, the more likely they have a sophisticated insurer writing their coverage. Although peaceful coexistence is possible, that doesn’t mean that insurers won’t use every advantage available to them – compared to even large corporate insureds, insurance companies are the apex predators of the insurance industry. In order to safeguard policyholders’ interests, most states have developed a body of law (some statutory, some based on judicial decisions) requiring insurers to act in good faith when dealing with their insureds. This is typically embodied as a requirement that the insurer act “fairly and reasonably” in processing, investigating, and handling claims. If the insurer does not meet this standard, insureds may be entitled to damages above and beyond that which they could otherwise recover for breach of contract. Proving that an insurer acted in “bad faith,” however, can be like swimming against the riptide. Most states hold that bad faith requires more than just a difference of opinion between insured and insurer over the available coverage – the policyholder must show that the insurer acted “wantonly” or “maliciously,” or, in less stringent jurisdictions, that the insurer was “unreasonable.” Read the court decision
    Read the full story...
    Reprinted courtesy of Theresa A. Guertin, Saxe Doernberger & Vita
    Ms. Guertin may be contacted at tag@sdvlaw.com

    Newmeyer Dillion Announces New Partners

    January 06, 2020 —
    Prominent business and real estate law firm Newmeyer Dillion is pleased to announce that Walnut Creek attorney, Michael Krueger, and Newport Beach attorney, Jason Morris, have been elected to partnership. Their promotion is effective immediately. "We are proud to have Jason and Mike join the firm's partnership," said Managing Partner Paul Tetzloff. "They both embody the firm's core cultural pillars – like, trust, respect and loyalty – and they've both demonstrated a commitment to outstanding client service and excellent legal work. They will continue to propel the firm's success for decades to come." Michael Krueger is based in the firm's Walnut Creek office, representing companies at every stage of the business life cycle to create business solutions that minimize risk and accomplish strategic objectives. Recognized as a 2019 California Trailblazer by The Recorder, Krueger is a trusted advisor for complex business negotiations, real estate ventures including Opportunity Zone projects, mergers and acquisitions, bank finance and private equity transactions. A former in-house counsel and business owner, he serves as general counsel for clients focused on expanding their operations, products, and services. Krueger earned his B.A from Marian University and his J.D. from Valparaiso School of Law. Jason Morris is based in the firm's Newport Beach office, representing companies in all aspects of labor & employment law and business litigation. Whether offering practical advice on a wide range of day-to-day employment law issues, or navigating the complexity of all aspects of civil litigation defense, his focus is helping clients avoid potential legal landmines and keep their business assets protected. Morris brings significant leadership and trial experience to his practice, serving for nearly eight years on active duty in the United States Marine Corps as a Judge Advocate both in the Pentagon advising senior military and civilian leaders, and as a trial attorney successfully representing more than 300 cases, including over 10 trials to verdict. Morris earned his B.A. from Marian University, cum laude, and his J.D. from Indiana University Maurer School of Law. About Newmeyer Dillion For 35 years, Newmeyer Dillion has delivered creative and outstanding legal solutions and trial results that achieve client objectives in diverse industries. With over 70 attorneys working as a cohesive team to represent clients in all aspects of business, employment, real estate, privacy & data security and insurance law, Newmeyer Dillion delivers holistic and integrated legal services tailored to propel each client's success and bottom line. Headquartered in Newport Beach, California, with offices in Walnut Creek, California and Las Vegas, Nevada, Newmeyer Dillion attorneys are recognized by The Best Lawyers in America©, and Super Lawyers as top tier and some of the best lawyers in California and Nevada, and have been given Martindale-Hubbell Peer Review's AV Preeminent® highest rating. For additional information, call 949.854.7000 or visit www.newmeyerdillion.com. Read the court decision
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    Reprinted courtesy of

    More Hensel Phelps Ripples in the Statute of Limitations Pond?

    February 03, 2020 —
    As is always the case when I attend the Virginia State Bar’s annual construction law seminar, I come away from it with a few posts on recent cases and their implications. The first of these is not a construction case, but has implications relating to the state project related statute of limitations and indemnification issues for construction contracts brought out in stark relief in the now infamous Hensel Phelps case. In Radiance Capital Receivables Fourteen, LLC v. Foster the Court considered a waiver of the statute of limitations found in a loan contract. The operative facts are that the waiver was found in a Continuing Guaranty contract and that the default happened more than 5 years prior to the date that Radiance filed suit to enforce its rights. When the defendants filed a plea in bar stating that the statute of limitations had run and therefore the claim was barred, Radiance of course argued that the defendants had waived their right to bring such a defense. The defendants responded that the waiver was invalid in that it violated the terms of Va. Code 8.01-232 that states among other things:
    an unwritten promise not to plead the statute shall be void, and a written promise not to plead such statute shall be valid when (i) it is made to avoid or defer litigation pending settlement of any case, (ii) it is not made contemporaneously with any other contract, and (iii) it is made for an additional term not longer than the applicable limitations period.
    The Circuit Court and ultimately the Supreme Court agreed with the defendants. In doing so, the Virginia Supreme Court rejected arguments of estoppel and an argument that a “waiver” is not a “promise not to plead.” Read the court decision
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    Reprinted courtesy of The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at chrisghill@constructionlawva.com

    Sometimes a Reminder is in Order. . .

    February 18, 2020 —
    Recently, I was talking with my friend Matt Hundley about a recent case he had in the Charlottesville, VA Circuit Court. It was a relatively straightforward (or so he and I would have thought) breach of contract matter involving a fixed price contract between his (and an associate of his Laura Hooe) client James River Stucco and the Montecello Overlook Owners’ Association. I believe that you will see the reason for the title of the post once you hear the facts and read the opinion. In James River Stucco, Inc. v. Monticello Overlook Owners’ Ass’n, the Court considered Janes River Stucco’s Motion for Summary Judgment countering two arguments made by the Association. The first Association argument was that the word “employ” in the contract meant that James River Stucco was required to use its own forces (as opposed to subcontractors) to perform the work. The second argument was that James River overcharged for the work. This second argument was made without any allegation of fraud or that the work was not 100% performed. Needless to say, the Court rejected both arguments. The Court rejected the first argument stating:
    In its plain meaning, “employ” means to hire, use, utilize, or make arrangements for. A plain reading of the contractual provisions cited–“shall employ” and references to “employees”–and relied on by Defendant does not require that the persons performing the labor, arranged by Plaintiff, be actual employees of the company or on the company’s payroll. It did not matter how the plaintiff accomplished the work so long as it was done correctly. The purpose of those provisions was to allocate to Plaintiff responsibility for supplying a sufficient workforce to get the work done, not to impose HR duties or require the company to use only “in house” workers. So I find that use of contracted work does not constitute a breach of the contract or these contractual provisions.
    Read the court decision
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    Reprinted courtesy of The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at chrisghill@constructionlawva.com

    Combating Climate Change by Reducing Embodied Energy in the Built Environment

    December 02, 2019 —
    The building and construction industry is a significant consumer of non-renewable energy resources and is contributing to changing the earth’s environment in damaging and irreversible ways. These impacts are being felt in climate-related shifts that include increases in the earth’s average temperature and rising sea levels. A new report by NASA and the National Oceanic and Atmospheric Administration shows that 2018 was the fourth-hottest year since 1880, the earliest year for which reliable global temperature data is available. The three hottest years on record were 2015, 2016 and 2017. Additionally, the rise in sea levels is causing “nuisance floods” to become more common. From the 1950s to the early 2000s, the days of flooding in the 27 most vulnerable cities across the United States grew from two per year to nearly 12. These and other environmental impacts underscore the urgency of battling climate change and how critical it is for all industries—including construction—to stem the tide on this issue. Reducing embodied energy in the built environment is one way the building and construction sector can do its part to address one of the major challenges of this century. Reprinted courtesy of Brent Trenga, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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    Mr. Trenga may be contacted at brent.trenga@kingspan.com

    3D Printing Innovations Enhance Building Safety

    October 07, 2019 —
    The mention of 3D printing alone is enough to get people excited, often conjuring images of a desktop console that can download and create three dimensional objects such as prototypes, or mechanical parts. And yet, in recent years the technology has given way to a slight impatience, as people begin to wonder how and when it will have a direct impact on both their lifestyles and their businesses. The construction industry has been quick to take advantage of these innovations, and the effects are tangible, especially regarding building safety. The 3D construction technology allows for several key advantages in terms of faster construction times, uncompromised quality of construction and lower costs—allowing for affordable dwellings to be quickly built for people in need. These advantages also lead to safety improvements during the building process. The ability to accelerate construction time without requiring an increase in labor results in a fewer construction-related workplace injuries and a reduction in material waste, making it an environmentally friendly construction method as well. ICC-Evaluation Service (ICC-ES), a subsidiary of the International Code Council (ICC) which develops model codes and standards (i.e. International Building Code, International Residential Code) and delivers a wide array of building safety services, has taken the lead on developing acceptance criteria to address building code compliance of 3D printed construction. Currently, 3D construction technology is not within the provisions of the International Building Code (IBC) or International Residential Code (IRC). The acceptance criteria introduces new compliance measures for interior and exterior 3D printed concrete walls (with and without structural steel reinforcement), load-bearing and non-load-bearing walls, and shear walls in one-story, single-unit, residential dwellings. The 3D walls are constructed by printing two outer layers of 3D concrete and then filling the core with 3D concrete to form a solid wall. Reprinted courtesy of Mahmut Ekenel & Melissa Sanchez, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Mr. Ekenel may be contacted at mekenel@icc-es.org Ms. Sanchez may be contacted at msanchez@icc-es.org Read the court decision
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