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    Margate, 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 Margate 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

    Tallahassee Builders Association Inc
    Local # 1064
    1835 Fiddler Court
    Tallahassee, FL 32308

    Building Industry Association of Okaloosa-Walton Cos
    Local # 1056
    1980 Lewis Turner Blvd
    Fort Walton Beach, FL 32547

    Home Builders Association of West Florida
    Local # 1048
    4400 Bayou Blvd Suite 45
    Pensacola, FL 32503

    Florida Home Builders Association (State)
    Local # 1000
    PO Box 1259
    Tallahassee, FL 32302

    Columbia County Builders Association
    Local # 1007
    PO Box 7353
    Lake City, FL 32055

    Northeast Florida Builders Association
    Local # 1024
    103 Century 21 Dr Ste 100
    Jacksonville, FL 32216

    Construction Expert Witness News and Information
    For Margate Florida

    The 411 on the New 415 Location of the Golden State Warriors

    Texas Law Bars Coverage under Homeowner’s Policy for Mold Damage

    Modular Homes Test Energy Efficiency Standards

    California Subcontractor Gets a Kick in the Rear (or Perhaps the Front) for Prematurely Recorded Mechanics Lien

    Peru’s Former President and His Wife to Stay in Jail After Losing Appeal

    Changes to Arkansas Construction and Home Repair Laws

    Superior Court Of Pennsylvania Holds Curb Construction Falls Within The Scope Of CASPA

    Using Lien and Bond Claims to Secure Project Payments

    Named Insured’s Liability Found Irrelevant to Additional Insured’s Coverage Under a Landlords and Lessors Additional Insured Endorsement

    Wendel Rosen’s Construction Practice Group Welcomes Quinlan Tom

    Florida Chinese drywall, pollution exclusion, “your work” exclusion, and “sistership” exclusion.

    Washington High Court Holds Insurers Bound by Representations in Agent’s Certificates of Insurance

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    Georgia Court of Appeals Holds Lay Witness Can Provide Opinion Testimony on the Value of a Property If the Witness Had an Opportunity to Form a Reasoned Opinion

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    Court Addresses When Duty to Defend Ends

    Supreme Court of California Rules That Trial Court Lacking Subject Matter Jurisdiction May Properly Grant Anti-SLAPP Motion on That Basis, and Award Attorney’s Fees

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

    Counterpoint: Washington Supreme Court to Rule on Resulting Losses in Insurance Disputes

    On Rehearing, Fifth Circuit Finds Contractual-Liability Exclusion Does Not Apply

    Settlement Payment May Preclude Finding of Policy Exhaustion: Scottsdale v. National Union

    Fourth Circuit Holds that a Municipal Stormwater Management Assessment is a Fee and Not a Prohibited Railroad Tax

    Connecticut Court Clarifies Construction Coverage

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    Legislative Update – The CSLB’s Study Under SB465
    Corporate Profile


    Through over four thousand construction related expert witness designations, the Margate, Florida Construction Expert Directory delivers a superior construction and design expert support solution to construction claims professionals concerned with construction defect, scheduling, and delay claims. BHA provides building related litigation support and expert witness services to the nation's most recognized construction practice groups, Fortune 500 builders, CGL carriers, owners, as well as a variety of public entities. Utilizing captive resources which comprise licensed architects, registered professional engineers, ASPE certified professional estimators, ICC Certified inspection and testing professionals, the organization brings national experience and local capabilities to Margate and the surrounding areas.

    Margate Florida consulting general contractorMargate Florida construction code expert witnessMargate Florida architecture expert witnessMargate Florida defective construction expertMargate Florida building envelope expert witnessMargate Florida construction defect expert witnessMargate Florida expert witness commercial buildings
    Construction Expert Witness News & Info
    Margate, Florida

    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
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    Reprinted courtesy of

    Caveat Emptor (“Buyer Beware!”) Exceptions

    May 10, 2021 —
    There is value to a seller when it comes to entering into an as-is transaction and stating that the seller has NOT made any representation or warranty, all such representations or warranties are disclaimed, the buyer is NOT relying on any representation of the seller, and that the buyer is relying on its own inspection of the property. This shifts the onus to the buyer to undertake the inspection or due diligence it needs to take relating to the property it wants to buy. With respect to commercial property transactions:
    The doctrine of caveat emptor, which Florida courts continue to apply, “places the duty to examine and judge the value and condition of the property solely on the buyer and protects the seller from liability for any defects.” There are, however, three exceptions to this doctrine, including: “1) where some artifice or trick has been employed to prevent the purchaser from making independent inquiry; 2) where the other party does not have equal opportunity to become apprised of the fact; and, 3) where a party undertakes to disclose facts and fails to disclose the whole truth.” Florida Holding 4800, LLC v. Lauderhill Mall Investment, LLC, 46 Fla. L. Weekly D785b (Fla. 4th DCA 2021).
    These three exceptions to caveat emptor, or the doctrine of buyer beware, are not easy to prove because it places a burden on a buyer to prove an active effort from the seller to conceal a material fact to skirt around the as-is language. Again, this is not an easy burden to prove. Read the court decision
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    Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
    Mr. Adelstein may be contacted at

    Florida Supreme Court Adopts Federal Summary Judgment Standard, Substantially Conforming Florida’s Rule 1.510 to Federal Rule 56

    June 07, 2021 —
    Effective May 1, 2021, the Florida courts will transition to a new summary judgment standard meant to “align Florida’s summary judgment standard with that of the federal courts and of the supermajority of states that have already adopted the federal summary judgment standard.” In re Amends. to Fla. Rule of Civ. Pro. 1.510, 309 So. 3d 192, 192 (Fla. 2020). Consistent with this amendment, Florida Rule of Civil Procedure 1.510 has been amended to adopt the federal summary judgment rule, with exceptions for timing-related issues. The Florida Supreme Court’s most recent opinion on rule 1.510 and the text of new rule 1.510 can be found here. As background, on December 31, 2020, the Florida Supreme Court adopted the federal summary judgment standard by amending Florida Rule of Civil Procedure 1.510(c) to include the following sentence: “The summary judgment standard provided for in this rule shall be construed and applied in accordance with the federal summary judgment standard articulated in Celotex Corp. v. Catrett, 477 U.S. 317 (1986); Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1976); and Matsushita Electric Industrial Co. v. Zenith Radio Corp., 475 U.S. 574 (1986) [(the ‘Celotex trilogy’)].” In re Amends. to Fla. Rule of Civ. Pro. 1.510, 309 So. 3d at 196. The court’s amendment was slated to take effect on May 1, 2021, subject to a public comment period. The court also sought guidance from the Florida Bar’s Civil Procedure Rules Committee. After careful consideration of numerous responses, the court ultimately chose to adopt the substance of the text from federal rule 56. Along with its amendments, the court provides substantial guidance as to how the Florida courts and practitioners should interpret the new rule. A summary of the court’s thorough discussion follows. Read the court decision
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    Reprinted courtesy of Lewis Brisbois

    How Are You Dealing with Material Delays / Supply Chain Impacts?

    June 07, 2021 —
    In a prior article I discussed a material escalation provision in your construction contract to account for the volatility of the material price market. While including such a provision may not have been much of a forethought before, it is now! What about concerns with the actual supply chain that impacts the availability of and the lead time of materials? How are you addressing this concern in your construction contract? The pandemic has raised awareness to this issue as certain material availability has been impacted by the pandemic. As a result, parties in construction have tried to forecast those materials where delivery issues may occur including those materials with longer than expected lead times. But equally important is how this issue is being addressed in your construction contract including how you want to negotiate this risk in future construction contracts. Read the court decision
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    Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
    Mr. Adelstein may be contacted at

    Contractor Prevails on Summary Judgment To Establish Coverage under Subcontractor's Policy

    June 07, 2021 —
    When sued for construction defects caused by the subcontractor, the general contractor was granted summary judgment on the issue of coverage under the subcontractor's policy. Meritage Homes of Ga. v. Grange Ins. Co., 2021 U.S. Dist. LEXIS 84591 (N.D. Ga. March 23, 2021). Meritage built a home for the owners. Easterwood Excavating, Inc. was the subcontractor for excavation and grading work. Meritage was named an additional insured under Easterwood's policy with Grange. After construction was completed, the owners were experiencing severe flooding after rain storms purportedly due to defects in the grading, site preparation and excavation. The owners filed an arbitration against Meritage for damages. The owners alleged that Meritage improperly excavated and graded their lot, causing water to collect and pool in their yard. Meritage denied all liability and looked to Easterwood and Grange for defense and indemnification. Grange denied coverage, contending there was no occurrence which resulted in property damage. The arbitrator found that the folding of water was caused by Meritage's improper grading of the lot. A Final Award in the amount of $129,530.93 was issued against Meritage. Read the court decision
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    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at

    10 Haight Lawyers Recognized in Best Lawyers in America© 2022 and The Best Lawyers: Ones to Watch 2022

    September 20, 2021 —
    Three Haight Brown & Bonesteel LLP attorneys were selected for Best Lawyers in America© 2022. Seven Haight Brown & Bonesteel LLP attorneys were selected for Best Lawyers®: Ones to Watch 2022. Read the court decision
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    Reprinted courtesy of Haight Brown & Bonesteel LLP

    Cameron Kalunian to Speak at Casualty Construction Defect Seminar

    October 04, 2021 —
    Los Angeles Partner Cameron Kalunian will speak at the Annual West Coast Casualty Construction Defect Seminar, hosted on October 6-8 at the Aria Hotel and Casino in Las Vegas. In a session on Friday, October 8 at 9:30 a.m. PT titled “Maintaining Relationships in the Storm of Multi-Party Construction Litigation,” Mr. Kalunian, along with one construction general counsel and one insurance coverage counsel, will discuss the impact of litigation on continuing business relationships. The session will specifically focus on balancing risk transfer with business goals in the context of multi-tiered contractor construction projects. The panel will discuss the best practices for communications between and among clients, indemnitors, claims handling professional, coverage counsel and defense counsel. This session is a must for insurance professionals that handle claims involving bodily injury or property damage claims arising out of construction disputes related to projects with multi-tiered contractors. CLE credits will be available for attorneys, along with CEU credits for insurance claims handlers. Read the court decision
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    Reprinted courtesy of Cameron Kalunian, Lewis Brisbois
    Mr. Kalunian may be contacted at

    COVID-19 Vaccine Considerations for Employers in the Construction Industry

    July 11, 2021 —
    1. Can employers in the construction industry require employees to receive a COVID-19 vaccine as a condition of employment? In short, it depends. Back in December 2020, the U.S. Equal Employment Opportunity Commission (EEOC) explained that, generally speaking (and under federal law), employers can require employees to receive the COVID-19 vaccine. However, there are a few caveats. First, certain employees may need to be excused from a mandatory vaccination requirement as a reasonable accommodation unless it will present undue hardship. Under the Americans with Disabilities Act (ADA), employers must provide reasonable accommodations to employees with a covered disability that prevents them from receiving the vaccine. (Fact sheets for the COVID-19 vaccines include examples of some of the underlying medical conditions that may result in an accommodation request.) And under Title VII of the Civil Rights Act of 1964, employers are similarly required to provide reasonable accommodations to employees with sincerely held religious beliefs, practices, or observances that prevent them from getting the vaccine. Employers requiring the vaccination would be wise to consult with an experienced employment lawyer before denying an accommodation. Accommodation issues stemming from administration of the COVID-19 vaccine (and COVID-19 more generally) are likely to plague employers for a while, so getting ahead of this issue is key. Read the court decision
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    Reprinted courtesy of Maggie Spell, Jones Walker LLP
    Ms. Spell may be contacted at