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

    Commercial and Residential Contractors License Required.


    Construction Expert Witness Contractors Building Industry
    Association Directory
    Tallahassee Builders Association Inc
    Local # 1064
    1835 Fiddler Court
    Tallahassee, FL 32308
    http://www.tallyba.com

    Building Industry Association of Okaloosa-Walton Cos
    Local # 1056
    1980 Lewis Turner Blvd
    Fort Walton Beach, FL 32547
    http://www.biaow.org

    Home Builders Association of West Florida
    Local # 1048
    4400 Bayou Blvd Suite 45
    Pensacola, FL 32503
    http://www.westfloridabuilders.com

    Florida Home Builders Association (State)
    Local # 1000
    PO Box 1259
    Tallahassee, FL 32302
    http://www.fhba.com

    Tri-County Home Builders
    Local # 1073
    PO Box 420
    Marianna, FL 32447
    http://www.tricountyhba.com

    Columbia County Builders Association
    Local # 1007
    PO Box 7353
    Lake City, FL 32055
    http://www.buildcolumbiacounty.com

    Northeast Florida Builders Association
    Local # 1024
    103 Century 21 Dr Ste 100
    Jacksonville, FL 32216
    http://www.nefba.com


    Construction Expert Witness News and Information
    For Callahan Florida

    Montana Court Finds Duty to Defend over Construction Defect Allegation

    As Laura Wreaks Havoc Along The Gulf, Is Your Insurance Ready to Respond?

    Commonwealth Court Strikes Blow to Philly Window and Door Ordinance

    Two Things to Consider Before Making Warranty Repairs

    After Sixty Years, Subcontractors are Back in the Driver’s Seat in Bidding on California Construction Projects

    Designers George Yabu and Glenn Pushelberg Discuss One57’s Ultra-Luxury Park Hyatt

    Home Building Likely to Stick to Slow Pace

    Toll Brothers Shows how the Affluent Buyer is Driving Up Prices

    Taking Care of Infrastructure – Interview with Marilyn Grabowski

    The Overlooked Nevada Rule In an Arena Project Lawsuit

    Trial Court’s Grant of Summary Judgment On Ground Not Asserted By Moving Party Upheld

    Judgment Stemming from a Section 998 Offer Without a Written Acceptance Provision Is Void

    Association Insurance Company v. Carbondale Glen Lot E-8, LLC: Federal Court Reaffirms That There Is No Duty to Defend or Indemnify A Builder For Defective Construction Work

    When Do You Call Your Lawyer?

    Expert Excluded After Never Viewing Damaged Property

    Housing Affordability Down

    Cerberus, Blackstone Loosening Credit for U.S. Landlords

    Anti-Concurrent, Anti-Sequential Causation Clause Precludes Coverage

    OSHA Reinforces COVID Guidelines for the Workplace

    Four Key Steps for a Successful Construction Audit Process

    DC Circuit Rejects Challenge to EPA’s CERCLA Decision Regarding Hardrock Mining Industry

    Philadelphia Voters to Consider Best Value Bid Procurment

    Entire Fairness or Business Judgment? It’s Anyone’s Guess

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

    Evaluating Smart Home Technology: It’s About More Than the Bottom Line

    School District Practice Bulletin: Loose Lips Can Sink More Than Ships

    Washington State Supreme Court Issues Landmark Decision on Spearin Doctrine

    How a Maryland County Created the Gold Standard for Building Emissions Reduction

    Call Me Maybe? . . . Don’t Waive Your Rights Under the Right to Repair Act’s Prelitigation Procedures

    Insurance Agent Sued for Lapse in Coverage after House Collapses

    NYC Airports Get $500,000 Makeover Contest From Cuomo

    Will the Hidden Cracks in the Bay Bridge Cause Problems During an Earthquake?

    Builders Can’t Rely on SB800

    Firm Seeks to Squash Subpoena in Coverage CD Case

    How AB5 has Changed the Employment Landscape

    Newmeyer & Dillion Attorneys Selected to the 2016 Southern California Super Lawyers Lists

    Detroit Craftsmen Sift House Rubble in Quest for Treasured Wood

    ZLien Startup has Discovered a Billion in Payments for Clients

    Gene Witkin Joins Ross Hart’s Mediation Team at AMCC

    Thousands of London Residents Evacuated due to Fire Hazards

    Crumbling Roadways Add Costs to Economy, White House Says

    PATH Station Designed by Architect Known for Beautiful Structures, Defects, and Cost Overruns

    Can an App Renovate a Neighborhood?

    Colorado Rejects Bill to Shorten Statute of Repose

    Roots of Las Vegas Construction Defect Scam Reach Back a Decade

    U.S. Tornadoes, Hail Cost Insurers $1 Billion in June

    The Jersey Shore gets Beach Prisms Designed to Reduce Erosion

    Superior Court Of Pennsylvania Holds That CASPA Does Not Allow For Individual Claims Against A Property Owner’s Principals Or Shareholders

    Assessing Defective Design Liability on Federal Design-Build Projects

    Bridge Disaster - Italy’s Moment of Truth
    Corporate Profile

    CALLAHAN FLORIDA CONSTRUCTION EXPERT WITNESS
    DIRECTORY AND CAPABILITIES

    Through over four thousand general contracting and design related expert designations, the Callahan, Florida Construction Expert Directory offers a wide range of trial support and construction consulting services to builders and construction claims professionals concerned with construction defect, scheduling, and delay matters. BHA provides construction related trial support and expert consulting services to the building industry's most recognizable companies, insurers, risk managers, and a variety of municipalities. Employing in house assets which comprise construction standard of care consultants, registered architects, professional engineers, and credentialed building envelope experts, the construction experts group brings national experience and local capabilities to Callahan and the surrounding areas.

    Callahan Florida building expertCallahan Florida construction scheduling and change order evaluation expert witnessCallahan Florida construction scheduling expert witnessCallahan Florida testifying construction expert witnessCallahan Florida construction defect expert witnessCallahan Florida building envelope expert witnessCallahan Florida expert witness commercial buildings
    Construction Expert Witness News & Info
    Callahan, Florida

    Responding to Ransomware Learning from Colonial Pipeline

    June 07, 2021 —
    Recently, ransomware has taken to the forefront in national news. The most prevalent ransomware attack, the one perpetrated against Colonial Pipeline by the now-defunct "Dark Side" hackers, has served to remind businesses about the risks of ransomware. What happened to Colonial Pipeline? What should businesses do to learn from Colonial Pipeline's response? What should a business avoid? What happened to Colonial Pipeline? Colonial Pipeline, a Georgia based operator of fuel pipelines, had its billing software compromised by Dark Side's ransomware attack.1 Following this, Colonial Pipeline took proactive measures to (1) shut down their systems; (2) evaluate the issue; and (3) safely brought systems back on line after ensuring that they were not compromised. Following this, Colonial Pipeline did eventually pay the 4.4 million dollar ransom demand from Dark Side. What it got in return was a decryption key, as promised, which ended up being slower than Colonial Pipeline's own backups.2 The ultimate result of this event being an initial cost of $4.4 million, in addition to lost profits, additional security costs, reputational costs, and litigation costs as consumers had filed a class-action lawsuit to hold Colonial Pipeline accountable for their perceived lapse in security.3 Further, the fall-out from Colonial Pipeline had prompted additional cybersecurity efforts and changes by the Biden administration, including proposed regulations requiring pipeline companies to inform the Department of Homeland Security of cybersecurity incidents within 12 hours, in addition to keeping a cybersecurity coordinator on staff at all times, and reviews of current security measures. Read the full story...
    Reprinted courtesy of J. Kyle Janecek, Newmeyer Dillion
    Mr. Janecek may be contacted at kyle.janecek@ndlf.com

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

    August 30, 2021 —
    When it comes to resolving construction disputes it’s a bit like the “31 Flavors” of Baskin Robins. There’s a flavor for nearly everyone. From mediation, to arbitration, to litigation, to dispute resolution boards (DRBs), to the architect as the “initial decision maker” under AIA contracts, parties and their counsel have developed numerous ways to resolve disputes on construction projects, including by expert review. But if you’re going to agree to a dispute resolution procedure, make sure it’s one you can live with, because if you don’t, it’s often going to be too late to go back to the proverbial drawing board as the parties in the next case discovered. The Coral Farms Case In December 2010, a mudslide impacted three properties in San Juan Capistrano, California. One of the properties was owned by Coral Farms, L.P., another by Paul and Susan Mikos, and the third by Thomas and Sonya Mahony. Read the full story...
    Reprinted courtesy of Garret Murai, Nomos LLP
    Mr. Murai may be contacted at gmurai@nomosllp.com

    California Supreme Court Holds that Prevailing Wages are Not Required for Mobilization Work, for Now

    October 18, 2021 —
    In the midst of the Great Depression the federal government enacted the Davis-Bacon Act (40 U.S.C. section 32141 et seq.) to help workers on federal construction projects. Under the Davis-Bacon Act, minimum wages must be paid to workers on federal public works projects based on local “prevailing” wages. At the time, the goal of the law was to help curb the displacement of families by employers who were recruiting lower-wage workers from outside local areas. A darker history suggests that it was also intended to discourage minority workers from competing with unionized white workers. Fast forward to today. Many states, including California, adopted “Little Davis-Bacon” laws applying similar requirements on state and local public works projects. California’s prevailing wage law (Labor Code section 1720 et seq.) requires contractors on state and local public works projects pay their workers the general prevailing rate of per diem wages based on the classification or type of work performed by the employee in the locality where the project is located. Over the years, labor unions have sought to expand the definition of what constitutes a “public works project” from private residential developments receiving public funding (generally, prevailing wages required) to off-site fabrication of materials at permanent facility for a public works project (no prevailing wages required) to enforcement mechanisms such as making a general contractor liable for prevailing wage violations of its subcontractors (yes, indeedy, see Labor Code section 1775). Read the full story...
    Reprinted courtesy of Garret Murai, Nomos LLP
    Mr. Murai may be contacted at gmurai@nomosllp.com

    Alexus Williams Receives Missouri Lawyers Media 2021 Women’s Justice Pro Bono Award

    November 29, 2021 —
    St. Louis, Mo. (October 19, 2021) - St. Louis Associate Alexus Williams has received the Missouri Lawyers Media 2021 Women’s Justice Pro Bono Award, which honors women attorneys who have contributed significant effort and time to pro bono work. In connection with this honor, Ms. Williams was interviewed by Missouri Lawyers Media for its 2021 Women’s Justice Awards (WJA) supplement. In the article featuring Ms. Williams, the publication explained that she has “developed a reputation for helping others” and “has continually found ways to level disparities to make the system work for everyone.” For example, as a member of the Bar Association of Metropolitan St. Louis Executive Committee’s Young Lawyers Division, Ms. Williams co-chaired a committee on racial equity during the civil unrest of 2020. Ms. Williams told Missouri Lawyers Media, “When I was looking at grad programs, law school was one that seemed like it kind of aligned with what I was passionate about, which was helping people, counseling people, being able to be of assistance in different kinds of situations.” She further noted, “Everyone has to play their part but also everyone needs the opportunity to play their part.” Read the full story...
    Reprinted courtesy of Alexus Williams, Lewis Brisbois
    Ms. Williams may be contacted at Alexus.Williams@lewisbrisbois.com

    Guarantor’s Liability on Partially Secured Debts – The Impacts of Pay Down Provisions in Serpanok Construction Inc. v. Point Ruston, LLC et al.

    October 24, 2021 —
    In Serpanok Construction, Inc. v. Point Ruston, LLC, Division Two of the Washington Court of Appeals decided an issue of first impression in Washington—whether a guarantor of a partially secured debt remains liable until the last dollar of the entire debt is paid off. After examining cases from other jurisdictions, the court held that that a guarantor is liable until the underlying debt is paid in full unless the agreement contains an express pay down provision. A pay down provision sets forth the guarantor’s right to reduce its obligation to the extent of any payment toward the debt, and it establishes that the guaranty applies only until an amount equivalent to the guaranteed amount is paid off. The Serpanok decision addressed several other issues, but the published portion of this part-published case focused on whether an entity involved in a real estate development, Point Ruston LLC, was discharged from its guaranty obligation following a foreclosure sale where the proceeds did not cover the entire debt owed to a subcontractor. Point Ruston LLC, Point Ruston Phase II LLC (“Phase II”), and Century Condominiums (“Century”) were affiliated entities (collectively “Point Ruston parties”) that constructed retail and residential structures on a site in Point Ruston. Serpanok Construction Inc. (“Serpanok”) entered into subcontract agreements with Phase II and Century to perform concrete and steel work on a parking garage and movie theater for the project. Point Ruston LLC was not a party to either subcontract. Read the full story...
    Reprinted courtesy of Margarita Kutsin, Ahlers Cressman & Sleight
    Ms. Kutsin may be contacted at margarita.kutsin@acslawyers.com

    Disputes Will Not Be Subject to Arbitration Provision If There Is No “Significant Relationship”

    November 29, 2021 —
    As you know from prior articles, arbitration is a creature of contract. This means if you want your disputes to be resolved by binding arbitration, as opposed to litigation, you want to make sure there is an arbitration provision in your contract. If there are certain types of disputes you do not want subject to arbitration, you want to specify those types of disputes/claims in your arbitration provision. If you are not sure, make sure to discuss the pros and cons of arbitration with your counsel when drafting and negotiating the contract. However, even with a broad arbitration provision, there are times where a dispute may still fall out of the scope of the arbitration provision, i.e., the dispute is not arbitrable. If this occurs, such dispute will be resolved by litigation. Parties that have buyer’s remove and do not want to arbitrate their dispute may try to make this argument that the dispute is not subject to the scope of the arbitration provision. There are times this argument carries weight because the dispute has no significant relationship to the agreement with the arbitration provision, as shown below. In Deweees v. Johnson, 46 Fla. L. Weekly D2356b (Fla. 4th DCA 2021), a plaintiff purchased a home in a private residential community. The purchase contract with the developer contained a broad arbitration provision that materially provided that, “all post-closing claims, disputes, and controversies…between purchaser and seller will be resolved by binding arbitration except those arising under section G.5 and G.6 above.” Dewees, supra. Sections G.5 and G.6 provided that the purchaser will not interfere in the sales process with other purchasers and will not interfere with workmen during the construction process. There was also a workmanship and structural defect warranty for the dwelling that also contained an arbitration provision. Read the full story...
    Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
    Mr. Adelstein may be contacted at dma@kirwinnorris.com

    ASCE Statement on Senate Passage Of Infrastructure Investment and Jobs Act

    August 16, 2021 —
    WASHINGTON, DC. – The American Society of Civil Engineers (ASCE) applauds the U.S. Senate for passing the bipartisan Infrastructure Investment and Jobs Act (IIJA), proving once again that the strength and reliability of our nation's infrastructure systems is an issue that unites us all. With this legislation, the federal government will restore their critical partnership with cities and states to modernize our nation's infrastructure, including transit systems, drinking water pipes, school facilities, broadband, ports, airports and more. We commend the Senate for prioritizing American communities by passing this bipartisan infrastructure legislation and urge the U.S. House of Representatives to do the same. ABOUT THE AMERICAN SOCIETY OF CIVIL ENGINEERS Founded in 1852, the American Society of Civil Engineers represents more than 150,000 civil engineers worldwide and is America's oldest national engineering society. ASCE works to raise awareness of the need to maintain and modernize the nation's infrastructure using sustainable and resilient practices, advocates for increasing and optimizing investment in infrastructure, and improve engineering knowledge and competency. For more information, visit www.asce.org or www.infrastructurereportcard.org and follow us on Twitter, @ASCETweets and @ASCEGovRel.

    Certificates as Evidence of Additional Insured Coverage Are All the Rage, But You Deserve Better

    August 30, 2021 —
    Consider the following scenario: the construction project is ready to proceed. The deal is done. The agreements have all been carefully crafted, with detailed provisions on insurance dedicated to reducing risk. Those provisions require the downstream trade contractors to furnish certificates of insurance listing the owner and prime contractor as additional insureds on the downstream contractor’s policies of insurance. A provision in the prime contract further requires the prime contractor to provide the owner with a certificate of insurance showing the owner as an additional insured on the prime contractor’s policies. At the ceremonial ground-breaking and right before work commences, the downstream contractors deliver their insurance certificates to the prime contractor and the prime contractor delivers its certificate plus the downstream certificates to the owner. From there, each insurance certificate will begin its final destination to the project file (either electronic or physical) where, with any luck, it will serve the regular stint before being discarded after the project’s successful conclusion. Otherwise, it will be retrieved under much stress and heavy scrutiny. The acceptance of insurance certificates is often viewed as standard industry practice, but should it be? The answer is a resounding “no.” There are many form development and construction agreements in circulation that deem insurance certificates to be acceptable evidence of insurance. But, a certificate of insurance should not be relied upon because it does not mean that insurance has been placed. You deserve real evidence that the requisite additional insured coverage is in place (in the form of a policy endorsement), and here is why. Reprinted courtesy of Joseph L. Cohen, Fox Rothschild, W. Mason, Fox Rothschild and Sean Milani-nia, Fox Rothschild Mr. Cohen may be contacted at jlcohen@foxrothschild.com Mr. Mason may be contacted at wmason@foxrothschild.com Mr. Milani-nia may be contacted at smilani@foxrothschild.com Read the full story...