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

    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

    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 Glen St. Mary Florida

    Colorado’s Three-Bill Approach to Alleged Construction Defect Issues

    Construction Up in United States

    Building Permits Up in USA Is a Good Sign

    Three-Year Delay Not “Prompt Notice,” But Insurer Not “Appreciably Prejudiced” Either, New Jersey Court Holds

    Newmeyer Dillion Attorneys Named to 2020 Southern California Rising Stars List

    No Retrofit without Repurposing in Los Angeles

    Remodels Replace Construction in Redding

    No Coverage For Wind And Flood Damage Suffered From Superstorm Sandy

    Even Toilets Aren’t Safe as Hackers Target Home Devices

    Ongoing Operations Exclusion Bars Coverage

    Florida trigger

    A Homeowner’s Subsequent Action is Barred as a Matter of Law by way of a Prior “Right to Repair Act” Claim Resolved by Cash Settlement for Waiver of all Known or Unknown Claims

    The 2017 ASCDC and CDCMA Construction Defect Seminar and Holiday Reception

    Virginia Chinese Drywall “property damage” caused by an “occurrence” and number of “occurrences”

    The Roads to Justice: Building New Bridges

    Facebook Posts “Not Relevant” Rules Florida Appeals Court

    Happy New Year from CDJ

    A Relatively Small Exception to Fraud and Contract Don’t Mix

    Nonparty Discovery in California Arbitration: How to Get What You Want

    School Board Sues Multiple Firms over Site Excavation Problem

    Rhode Island Examines a Property Owner’s Intended Beneficiary Status and the Economic Loss Doctrine in the Context of a Construction Contract

    OH Supreme Court Rules Against General Contractor in Construction Defect Coverage Dispute

    Congress to be Discussing Housing

    Haight Brown & Bonesteel Ranked on the 2017 "Best Law Firms" List by U.S. News - Best Lawyers

    Additional Insured Prevails on Summary Judgment For Duty to Defend, Indemnify

    Companies Move to Houston Area and Spur Home Building

    Ruling Closes the Loop on Restrictive Additional Insured Endorsement – Reasonable Expectations of Insured Builder Prevails Over Intent of Insurer

    Not So Universal Design Fails (guest post)

    Are Construction Defect Claims Covered Under CGL Policies?

    CA Senate Report States Caltrans ‘Gagged and Banished’ its Critics

    Contractor Jailed for Home Repair Fraud

    Newmeyer & Dillion Named as One of the 2018 Best Places to Work in Orange County for Seventh Consecutive Year

    Nevada Judge says Class Analysis Not Needed in Construction Defect Case

    Appropriation Bill Cuts Military Construction Spending

    Brazil's Success at Hosting World Cup Bodes Well for Olympics

    Sales of New U.S. Homes Rose More Than Forecast to End 2014

    Florida Extends Filing Time for Claims Subject to the Statute of Repose

    Policy's Operation Classification Found Ambiguous

    Matthew Graham Named to Best Lawyers in America

    2015 California Construction Law Update

    Insured's Remand of Bad Faith Action Granted

    Red Wings Owner, Needing Hockey-Arena Neighborhood, Builds One

    Partners Patti Santelle and Gale White honored by as "Top Women in Law" The Legal Intelligencer

    Planes, Trains and Prevailing Wages. Ok, No Planes, But Trains and Prevailing Wages Yes

    Design Immunity Does Not Shield Public Entity From Claim That it Failed to Warn of a Dangerous Condition

    Delaware Settlements with Minors and the Uniform Transfer to Minor Act

    Bankruptcy on a Construction Project: Coronavirus Edition

    Lewis Brisbois Ranks 11th in Law360’s Glass Ceiling Report on Gender Parity in Law Firms

    Dust Infiltration Due to Construction Defect Excluded from Policy

    CSLB “Fast Facts” for Online Home Improvement Marketplaces
    Corporate Profile

    GLEN ST. MARY FLORIDA CONSTRUCTION EXPERT WITNESS
    DIRECTORY AND CAPABILITIES

    Leveraging from approximately 5000 general contracting and design related expert designations, the Glen St. Mary, Florida Construction Expert Directory provides a wide spectrum of trial support and consulting services to attorneys and construction practice groups concerned with construction defect, scheduling, and delay matters. BHA provides construction related consulting and expert witness support services to the construction industry's leading builders and developers, legal professionals, and owners, as well as a variety of state and local government agencies. Employing in house assets which comprise design experts, civil / structural engineers, ICC Certified Inspectors, ASPE certified professional estimators, the firm brings national experience and local capabilities to Glen St. Mary and the surrounding areas.

    Glen St. Mary Florida structural concrete expertGlen St. Mary Florida engineering consultantGlen St. Mary Florida expert witnesses fenestrationGlen St. Mary Florida construction claims expert witnessGlen St. Mary Florida construction scheduling expert witnessGlen St. Mary Florida construction defect expert witnessGlen St. Mary Florida construction scheduling and change order evaluation expert witness
    Construction Expert Witness News & Info
    Glen St. Mary, Florida

    Know and Meet Your Notice Requirements or Lose Your Payment Bond Claims

    May 17, 2021 —
    Time is of the essence in the construction industry, and failing to provide timely notice of your payment bond claim can end your chance of recovery. Payment bonds guarantee payment for the subcontractors and suppliers who provide labor or materials on covered construction projects. Federal and state statutes governing payment bonds on public projects and the specific terms of non-statutory, private payment bonds have strict notice and timing requirements. Claimants who fail to provide timely notice can forfeit their chance of recovery. This article provides a brief overview of the notice requirements for payment bond claims – who has to give notice, what notice is required, and when you have to give notice. Payment bond protection is a frequent feature in construction. Payment bonds are required on most federal construction projects of over $100,000 under the federal Miller Act. Similar state statutes, typically referred to as “Little Miller Acts,” also require payment bonds on most state and local construction projects. Owners on private projects may require their general contractor to provide a payment bond to protect the property from liens. Finally, general contractors may also require subcontractors to provide payment bonds on public or private projects. Read the court decision
    Read the full story...
    Reprinted courtesy of Chris Broughton, Jones Walker LLP
    Mr. Broughton may be contacted at cbroughton@joneswalker.com

    Janeen Thomas Installed as State Director of WWBA, Receives First Ever President’s Award

    July 11, 2021 —
    On June 9, 2021, New York Partner Janeen M. Thomas was installed as a State Director of the Westchester Women’s Bar Association (WWBA) for the 2021-2022 term. In this role, Ms. Thomas will represent the WWBA at statewide meetings of the Women’s Bar Association of the State of New York (WBASNY). During the installation ceremony, Ms. Thomas was awarded with the association's first ever President’s Award by WWBA Outgoing President Judge Lisa Margaret Smith of the Southern District of New York (retired), for her service as Co-Chair of the WWBA Diversity & Inclusion Committee during the 2020-2021 term. During the award presentation, Ms. Thomas was recognized for organizing three programs, including:
    “A Panel Discussion on Police Reform: New York’s Executive Order for Necessary Change,” which featured Dr. Jim Bostic, Minister, Author and Executive Director, Nepperhan Community Center; Jason Clark, Esq., Deputy, New York State Attorney General’s Office and Past-President, Metropolitan Black Bar Association; Kitley S. Covill, Esq., Westchester County Legislator, District 2, Prof. Randolph McLaughlin, Esq., Of Counsel, Newman Ferrara LLP and Professor, Pace University Law School and Maria L. Imperial, Esq., CEO, YMCA White Plans & Central Westchester;
    Read the court decision
    Read the full story...
    Reprinted courtesy of Janeen Thomas, Lewis Brisbois
    Ms. Thomas may be contacted at Janeen.Thomas@lewisbrisbois.com

    When is an Indemnification Provision Unenforceable?

    September 06, 2021 —
    Virginia Code Sec. 11-4.1 makes indemnification provisions in construction contracts that are so broad as to indemnify the indemnitee from its own negligence unenforceable. Of course, this begs the question as to what language of indemnification provisions make them unenforceable. A case from the City of Chesapeake Virginia Circuit Court examined this question. In Wasa Props., LLC v. Chesapeake Bay Contrs., Inc., 103 Va. Cir 423 [unfortunately I can’t find a copy to which to link], Wasa Properties (“Wasa”) hired Chesapeake Bay Contractors (“CBC”) to perform utility work at Lake Thrasher in the Tidewater area of Virginia. Wasa then alleged that CBC breached the contract and caused over $400,000 in damages due to incorrectly installed water lines. Wasa used the following indemnification language as the basis for its suit:
    To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner and his agents and employees from and against all claims, damages, losses, and expenses, including but not limited to attorney’s fees arising out of or resulting from the performance of the Work.
    Read the court decision
    Read the full story...
    Reprinted courtesy of The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at chrisghill@constructionlawva.com

    Texas Mechanic’s Lien Law Update: New Law Brings a Little Relief for Subcontractors and a Lot of Relief for Design Professionals

    June 07, 2021 —
    After several recent failed attempts to amend Chapter 53 of the Texas Property Code (the “Texas Mechanic’s Lien Statute”), it appears that long awaited relief may, at least in part, be on the horizon for subcontractors in Texas. Additionally, architects, engineers, and surveyors also appear to be significant benefactors of House Bill 2237 (“HB 2237”). Under existing law, many subcontractors often fail to perfect their mechanic’s liens under the Texas Mechanic’s Lien Statute because of complex notice requirements which must be sent for every month in which labor or material are furnished. And architects, engineers and surveyors currently have no lien rights unless they have a direct contractual relationship with the owner of the project. Effective January 1, 2022, HB 2237 amends the Texas Mechanic’s Lien Statute in several significant respects. Subcontractor Impacts HB 2237 impacts subcontractors in the following ways:
    1. Establishes uniformity in the notice requirements by imposing the same notice obligation on all subcontractors regardless of with whom they have contracted. Rather than sending one notice to the owner and one to the general contractor, the single notice now required must be sent to both simultaneously. Additionally, HB 2237 prescribes the form of the notice to be given under both Section 53.056 (notice of derivative claimant) and 53.057 (notice of contractual retainage).
    Read the court decision
    Read the full story...
    Reprinted courtesy of Tracey L. Williams, Peckar & Abramson, P.C.
    Ms. Williams may be contacted at twilliams@pecklaw.com

    When Construction Defects Appear, Don’t Choose Between Rebuilding and Building Your Case

    October 11, 2021 —
    When construction defects occur during construction, they intensify pressure from a schedule that may already be tight. Defects must be analyzed, confirmed, removed, and replaced and this can be time consuming. Or course, a construction schedule rarely anticipates defects, demolition, and rework and the owner will still expect the project to be completed on time; however, pressing forward with immediate remediation may have unintended consequences. Before starting demolition, consider the evidentiary doctrine of spoliation. Spoilation occurs when a party destroys or unreasonably deprives another party of evidence and courts have imposed sanctions on a party that deprives an opponent of evidence. The doctrine has historically concerned documents, but its application has extended to electronic data, and courts also apply it to building conditions in construction defects cases. So, before tearing out or fixing defective work, consider the need to allow the opposing party to inspect, test and document it. Imagine this scenario. The concrete in a slab placed by your subcontractor shows low compressive strength results in the 28-day cylinder tests. Tearing out the slab and replacing it will put you at least a month behind schedule and you don’t want to waste any time before removing and replacing it. Nevertheless, while you’re rebuilding the defective slab, be mindful that you are also building a case. If you plan to recover the costs you incur because of the defective concrete from the responsible parties, you should allow the subcontractor (and possibly the concrete supplier and other implicated parties) to examine, preserve, and/or test the work in question. Failure to do so may subject you to spoliation sanctions and jeopardize your right to recover damages. Read the court decision
    Read the full story...
    Reprinted courtesy of Curtis Martin, Peckar & Abramson
    Mr. Martin may be contacted at cmartin@pecklaw.com

    ACS Recognized by Construction Executive Magazine in the Top 50 Construction Law Firms of 2021

    September 06, 2021 —
    ACS is pleased to announce that the firm has been recognized by Construction Executive magazine in The Top 50 Construction Law Firms™ for 2021. Construction Executive ranked ACS number 31 among the top 50 construction practices in the country. ACS is known for our depth of knowledge of the construction industry and experience in construction law. Our lawyers hold leadership positions within state and national industry organizations. Two of our lawyers are past chairs of the Washington State Bar Association’s Construction Law Section and the current chair, five of our lawyers have served as the Chair of the Associated General Contractors of Washington’s Legal Affairs Committee, and the majority of our lawyers are recognized as Super Lawyers and Rising Stars in Super Lawyers Magazine/Thomson Reuters. Since it was first published in 2003, Construction Executive has become the leading trade magazine for news, market developments, and business issues impacting the construction industry. The magazine reaches more than 55,000 commercial, industrial, and institutional contractors and construction-related business owners. Each issue of Construction Executive includes articles designed to help owners and top managers run a more profitable and productive construction business. Read the court decision
    Read the full story...
    Reprinted courtesy of Ahlers Cressman & Sleight PLLC

    2021 Executive Insights: Leaders in Construction Law

    August 16, 2021 —
    Gregory Cokinos, President and CEO, Cokinos | Young First, experience in the construction industry is of primary importance and vital to successfully negotiating construction contracts and handling construction claims and disputes. Even a mildly complex construction dispute is more than most non-construction lawyers can properly handle. Issues concerning scheduling, productivity, change management and risk shifting (among many others) are complex and unique to construction and can be further complicated by the procedural and substantive law that differs from jurisdiction to jurisdiction. Second, it is essential that your law firm has a culture of representing construction professionals. Understanding construction nomenclature and how construction projects are staffed, organized and documented saves time and money in an already expensive and time-consuming process. You cannot overstate the advantage of shared resources within an established construction firm when evaluating and handling construction matters. A law firm that dedicates a significant portion of its practice to the construction industry is uniquely positioned to realize this advantage. Finally, as I tell our young lawyers, “success” only comes before “work” in the dictionary. Hard work is the key to successfully negotiating a contract or executing a litigation plan in this complex industry. So, look for a firm that is not afraid of working long days and weekends to achieve success. Reprinted courtesy of Donald Berry, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
    Read the full story...
    Reprinted courtesy of

    Ninth Circuit Court Weighs In On Insurance Coverage For COVID-19 Business Interruption Losses

    October 11, 2021 —
    On October 1, 2021, the Ninth Circuit Court of Appeals ruled on a trio of cases involving COVID-19 business interruption losses, in a series of written opinions with results favoring the insurers. Despite the slate of wins for insurers in this round of cases, these rulings are limited to cases where policyholders either did not allege the presence of COVID-19 on their premises causing “physical alteration” of the property itself, or had a virus exclusion in their policy, or both. This leaves room for future cases potentially ruling in favor of coverage where the insureds allege the presence of coronavirus on the premises, and that there was a detrimental physical alteration of the property as a result. To date, the Ninth Circuit has not ruled on such a situation. RULING 1: Mudpie v. Travelers Casualty Insurance Co. of America The Ninth Circuit first considered a proposed class action brought by a children’s store operator, Mudpie. Mudpie sought business income and extra expense coverage from Travelers after California and local authorities issued shutdown orders impacting Mudpie’s operations due to COVID-19. (Mudpie, Inc. v. Travelers Casualty Insurance Company of America, Case No. 20-16858, --- F.4th --- (9th Cir. Oct. 1, 2021).) Travelers denied coverage, asserting that the claim did not involve “direct physical loss of or damage to” property “caused by or resulting from a covered Cause of Loss.” Travelers also denied coverage under language excluding “loss or damage caused by or resulting from any virus…that induces…physical distress, illness or disease.” Applying California law, the trial court agreed with Travelers on both accounts. Read the court decision
    Read the full story...
    Reprinted courtesy of Rondi J. Walsh, Newmeyer Dillion
    Ms. Walsh may be contacted at rondi.walsh@ndlf.com