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    Construction Expert Witness Builders Information
    Brooksville, 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 Brooksville Florida

    Commercial and Residential Contractors License Required.


    Construction Expert Witness Contractors Building Industry
    Association Directory
    Hernando Bldrs Assoc
    Local # 1010
    7391 Sunshine Grove Rd
    Brooksville, FL 34613
    http://www.hernandobuilders.com

    Home Builders Association of Metro Orlando
    Local # 1040
    544 Mayo Ave
    Maitland, FL 32751
    http://www.hbaofmetroorlando.com

    Home Builders Association of Lake County
    Local # 1026
    1100 N Joanna Ave
    Tavares, FL 32778
    http://www.lakehba.com

    Citrus Cty Bldr Assn
    Local # 1006
    1196 S Lecanto Hwy
    Lecanto, FL 34461
    http://www.citrusbuilders.com

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

    Marion County Building Industry Association
    Local # 1038
    2635 SE 58th Avenue
    Ocala, FL 34480
    http://www.mcbia.org

    Volusia Building Industry Association
    Local # 1090
    3520 W International Speedway Blvd
    Daytona Beach, FL 32124
    http://www.volusiahomebuilders.org


    Construction Expert Witness News and Information
    For Brooksville Florida

    BHA Has a Nice Swing: Firm Supports NCHV and Final Salute at 2017 WCC Seminar

    Pay Loss Provision Does Not Preclude Assignment of Post-Loss Claim

    The Peak of Hurricane Season Is Here: How to Manage Risks Before They Manage You

    Think Twice About Depreciating Repair Costs in Our State, says the Tennessee Supreme Court

    Tips for Drafting Construction Contracts

    No Coverage for Faulty Workmanship Based Upon Exclusion for Contractual Assumption of Liability

    What Does “Mold Resistant” Really Mean?

    Attorney’s Fees Entitlement And Application Under Subcontract Default Provision

    Flint Water Crisis Prompts Call for More Federal Oversight

    What to Know Before Building a Guesthouse

    Ignoring Employee ADA Accommodation Requests Can Be Costly – A Cautionary Tale

    Homebuilder Confidence Takes a Beating

    No Duty to Defend Under Renter's Policy

    Florida Lien Law and Substantial Compliance vs. Strict Compliance

    Pinterest Nixes Big San Francisco Lease Deal in Covid Scaleback

    Managing Narrative, Capturing Context, and Building Together: Talking VR and AEC with David Weir-McCall

    South Carolina Homeowners May Finally Get Class Action for Stucco Defects

    Ambiguity Kills in Construction Contracting

    California to Build ‘Total Disaster City’ for Training

    Bad Faith and a Partial Summary Judgment in Seattle Construction Defect Case

    Fannie Mae Says Millennials Are Finally Leaving Their Parents' Basements

    Open & Known Hazards Under the Kinsman Exception to Privette

    Defense Victory in Breach of Fiduciary Action

    Type I Differing Site Conditions Claim is Not Easy to Prove

    Construction and Contract Issues Blamed for Problems at Anchorage Port

    Ninth Circuit Holds that 1993 Budget Appropriations Language Does Not Compel the Corps of Engineers to use 1987 Wetlands Guidance Indefinitely

    Agreement Authorizing Party’s Own Engineer to Determine Substantial Compliance Found Binding on Adverse Party

    Lien Law Unlikely To Change — Yet

    No Coverage For Damage Caused by Chinese Drywall

    General Contractors: Consider Importance of "Primary Noncontributory" Language

    Client Alert: Absence of a Court Reporter at a Civil Motion Hearing May Preclude Appellate Review

    Construction Defects as Occurrences, Better Decided in Law than in Courts

    Wisconsin Court Applies the Economic Loss Doctrine to Bar Negligence Claims for Purely Economic Losses

    Address 'Your Work' Exposure Within CPrL Policies With Faulty Workmanship Coverage

    Mississippi River Spends 40 Days At Flood Stage, Mayors Push for Infrastructure Funding

    California insured’s duty to cooperate and insurer’s right to select defense counsel

    Late Filing Contractor Barred from Involving Subcontractors in Construction Defect Claim

    Consequential Damages Can Be Recovered Against Insurer In Breach Of Contract

    Colorado Trench Collapse Kills Two

    Hong Kong Property Tycoon Makes $533 Million Bet on Solar

    California Assembly Bill Proposes an End to Ten Year Statute of Repose

    Waiving The Right to Arbitrate Under Federal Law

    The Relevance and Reasonableness of Destructive Testing

    Retired Judge Claims Asbestos in Courthouse gave him Cancer

    Home Repair Firms Sued for Fraud

    Texas Supreme Court Finds Payment of Appraisal Award Does Not Absolve Insurer of Statutory Liability

    Nevada Supreme Court Clarifies the Litigation Waiver of the One-Action Rule

    Determining the Cause of the Loss from a Named Windstorm when there is Water Damage - New Jersey

    California Contractor Tests the Bounds of Job Order Contracting

    Additional Insured Secures Defense Under Subcontractor's Policy
    Corporate Profile

    BROOKSVILLE FLORIDA CONSTRUCTION EXPERT WITNESS
    DIRECTORY AND CAPABILITIES

    Through more than four thousand construction, architectural, and engineering related expert designations, the Brooksville, Florida Construction Expert Directory provides a wide range of trial support and construction consulting services to builders, risk managers, and construction practice groups seeking effective resolution of construction defect, scheduling, and delay claims. BHA provides construction related consulting and expert witness support services to widely recognized construction practice groups, Fortune 500 builders, CGL carriers, owners, as well as a variety of public entities. Utilizing in house assets which comprise construction delay claims experts, registered design professionals, professional engineers, and credentailed construction consultants, the firm brings national experience and local capabilities to Brooksville and the surrounding areas.

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    Construction Expert Witness News & Info
    Brooksville, Florida

    New OSHA Vaccination Requirements For Employers With 100 Or More Employees (And Additional Advice for California Employers)

    November 19, 2021 —
    Update 11.8.21: On Nov. 6, 2021, the United States Court of Appeals for the Fifth Circuit granted a stay of the OSHA ETS, stating that the OSHA ETS may have “grave statutory and constitutional issues.” The stay is not a final ruling on the validity of the ETS but temporarily halts its implementation nationwide. OSHA has until Nov. 8, 2021 at 5:00 PM to respond and the petitioners have until Nov. 9, 2021 at 5:00 PM to reply to OSHA’s response. The Fifth Circuit will then issue its ruling likely late this week or early next week. On Sept. 9, 2021, President Joe Biden announced his COVID-19 Action Plan. The Action Plan called on the Department of Labor’s Occupational Safety and Health Administration (“OSHA”) to develop a rule requiring all employers with 100 or more employees to ensure their workforce is fully vaccinated or require any workers who remain unvaccinated to produce a negative test result on at least a weekly basis before coming to work. On Nov. 4, 2021, OSHA released the rule in the form of an Emergency Temporary Standards (“OSHA ETS”). Here are ten things you need to know about the OSHA ETS:
    • How To Count To 100: (1) The applicable number is the total number of employees employed on November 5, 2021—this is the headcount that will be used for the duration of the OSHA ETS. (2) The count must be done at the employer level not the individual location level. (3) Part-time employees do count towards the total number of employees. (4) Employees who work from home do count towards the total number of employees. (5) Independent contractors do not count towards the total number of employee.
    Reprinted courtesy of Laura Fleming, Payne & Fears and Rana Ayazi, Payne & Fears Ms. Fleming may be contacted at lf@paynefears.com Ms. Ayazi may be contacted at ra@paynefears.com Read the full story...

    Register and Watch Partner John Toohey Present on the CLM Webinar Series!

    October 11, 2021 —
    Bremer Whyte Brown & O’Meara is proud to announce that Partner John Toohey was invited to speak on a panel for the CLM Webinar Series alongside Attorney Rembold Hirschman, and Senior Claims Examiner Brett Reuter. John and his industry peers recently presented on the topic Handling Construction Defect Cases in Arbitration: The Good and the Bad. About the webinar: Unfortunately, many construction projects end in dispute and the parties frequently find themselves in the middle of uncharted territory – arbitration! Subscribe and watch as they explore the pitfalls, debunk the myths, and discuss the benefits of arbitration in construction disputes. About John Toohey: John H. Toohey is a Partner for Bremer Whyte Brown & O’Meara, LLP. Mr. Toohey is an A.V. Preeminent rated attorney with a practice focused on contract negotiation and litigation, complex product liability, and construction. He has successfully represented hundreds of clients in alternative dispute resolution and trial, including multiple cases to jury verdict. Read the full story...
    Reprinted courtesy of Dolores Montoya, Bremer Whyte Brown & O'Meara LLP

    Disputes Over Arbitrator Qualifications: The Northern District of California Offers Some Guidance

    August 10, 2021 —
    The selection of an arbitration panel can often lead to disputes between the parties regarding things like whether a particular candidate is qualified, whether a challenge to an arbitrator’s qualifications can be addressed pre-award and whether a party that names an unqualified arbitrator should lose the opportunity to name a replacement. In Public Risk Innovations v. Amtrust Financial Services, No. 21-cv-03573, 2021 U.S. Dist. LEXIS 129464 (N.D. Ca. July 12, 2021), the court provided answers on all three of these issues. In Amtrust, the parties filed cross-motions to compel arbitration. Although both parties agreed the dispute was arbitrable, they disagreed about whether Public Risk Innovations, Solutions and Management’s (PRISM) arbitrator was qualified under the terms of the applicable contract. In seeking to have PRISM’s arbitrator disqualified, Amtrust argued that he: (1) was not a “current or former official of an insurance or reinsurance company”; and (2) was not “disinterested.” Amtrust also argued that because PRISM named an unqualified arbitrator (and presumably the time to appoint had passed), PRISM should be deemed to have failed to select an arbitrator as required by the contract and that Amtrust had the right to select a second arbitrator of its choice. Read the full story...
    Reprinted courtesy of Justin K. Fortescue, White and Williams
    Mr. Fortescue may be contacted at fortescuej@whiteandwilliams.com

    Wall Street’s Palm Beach Foray Fuels Developer Office Rush

    June 28, 2021 —
    First came the pandemic migration of New York financiers to West Palm Beach. Now comes the investor rush for offices to accommodate them. With the likes of Goldman Sachs Group Inc. and Steve Cohen’s Point72 Asset Management opening outposts in the Florida city, an area once known for snowbirds and retirees has suddenly become hot market for commercial real estate. At the forefront is Manhattan developer Related Cos., which has been accelerating investments in West Palm Beach and now controls about a third of its downtown office stock. It’s a bet that even as Covid restrictions ebb and New York bankers are called back to their office towers, South Florida’s pandemic boom is here to stay. The region, with its relatively lax virus rules, no state income tax and comparatively cheaper homes, last year saw thousands of people flock to enclaves such as West Palm Beach -- a city that for now has just slightly more downtown office space than a single Empire State Building. Read the full story...
    Reprinted courtesy of Natalie Wong, Bloomberg

    Can a Receiver Prime and Strip Liens Against Real Property?

    September 20, 2021 —
    Courts overseeing receivers generally enjoy broad discretion in directing and approving a receiver’s proposed actions. But does that authority extend to a receiver not only granting a super-priority lien ahead of existing liens, but also selling the real property free and clear of all liens? In County of Sonoma v. Quail, 56 Cal.App.5th 657 (Ct. App. 2020), the California Court of Appeals answered that question in the affirmative. Quail involved a 47,480 square-foot lot with two houses, a few garages, several outbuildings, and numerous trailers surrounded by a veritable junk yard. Despite many of these structures being uninhabitable, unsanitary, and dangerous, multiple families resided on the lot. Although Sonoma County (the “County”) ordered the owner to remediate the property several times, he failed and refused to do so. After several years of these violations going unabated, the County ultimately sought and obtained the appointment of a receiver over the real property. To obtain funds necessary to repair the property, the receiver asked the court for permission to borrow money through the issuance of a receivership certificate to be secured by a super-priority lien—i.e., a lien ahead of all other liens—against the real property. Although the trial court initially declined to prime existing liens, when the receiver could find no one to lend money (since the land lacked equity), the trial court relented and approved a super-priority lien despite the senior secured lender’s objection (the “lender”). Read the full story...
    Reprinted courtesy of Ben Reeves, Snell & Wilmer
    Mr. Reeves may be contacted at breeves@swlaw.com

    Newmeyer Dillion Named 2022 Best Law Firm in Multiple Practice Areas By U.S. News-Best Lawyers

    November 08, 2021 —
    NEWPORT BEACH, Calif. – November 5, 2021 – Prominent business and real estate law firm Newmeyer Dillion is pleased to announce that U.S. News-Best Lawyers® has recognized the firm in its 2022 "Best Law Firms" rankings, in six practice areas earning the highest ranking possible - Tier 1 in the Orange County Metro area. The practices recognized include: Commercial Litigation Insurance Law Real Estate Law Litigation - Real Estate Construction Law Litigation – Construction Additionally, the firm has been recognized as Tier 2 in Employment Law - Management and Tier 3 in Litigation - Insurance. "Our firm was built on the culture of excellent personalized service and achieving the best results possible. Knowing that our clients and peers continue to value the offerings we provide showcases our ability to deliver business-oriented solutions across a wide range of practice areas." Firms included in the 2022 "Best Law Firms" list have been recognized by their clients and peers for their professional excellence. Firms achieving a Tier 1 ranking have consistently demonstrated a unique combination of quality law practice and breadth of legal expertise. To be eligible for the "Best Law Firms" ranking, a firm must have at least one attorney recognized in the current edition of The Best Lawyers in America for a specific practice area. Best Lawyers recognizes the top 4 percent of practicing attorneys in the U.S., selected through exhaustive peer-review surveys in which leading lawyers confidentially evaluate their professional peers. About Newmeyer Dillion For over 35 years, Newmeyer Dillion has delivered creative and outstanding legal solutions and trial results that achieve client objectives in diverse industries. With over 60 attorneys working as a cohesive team to represent clients in all aspects of business, employment, real estate, environmental/land use, privacy & data security and insurance law, Newmeyer Dillion delivers holistic and integrated legal services tailored to propel each client's operations, growth, and profits. 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.

    Henkels & McCoy Pays $1M in Federal Overtime-Pay Case

    July 19, 2021 —
    In a consent judgment in a federal labor case, major specialty contractor Henkels & McCoy Inc. has paid about $1.1 million in back pay and damages for allegedly not paying required overtime wages to 362 current and former workers in five states, the U.S. Dept. of Labor says. Reprinted courtesy of Tom Ichniowski, Engineering News-Record Mr. Ichniowski may be contacted at ichniowskit@enr.com Read the full story...

    Wilke Fleury Attorneys Featured In Northern California Super Lawyers 2021!

    July 25, 2021 —
    Wilke Fleury is proud to announce that 15 of our astounding attorneys were featured in the Annual List of Top Attorneys in the 2021 Northern California Super Lawyers magazine. Super Lawyers rates attorneys in each state using a patented selection process; they also publish a yearly magazine issue that regularly produces award-winning features on selected attorneys. 1 of 15, Michael Polis, was also recognized on Page 9. Polis’ second job as a farmer was highlighted with a column and some neat photos. Read the full story...
    Reprinted courtesy of Wilke Fleury LLP