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    Miramar, 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
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    Commercial and Residential Contractors License Required.

    Construction Expert Witness Contractors Building Industry
    Association Directory
    Columbia County Builders Association
    Local # 1007
    PO Box 7353
    Lake City, FL 32055

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

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

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

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

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

    Home Builders Association of Panama City (Fla)
    Local # 1042
    PO Box 979
    Panama City, FL 32402

    Construction Expert Witness News and Information
    For Miramar Florida

    What is a Civil Dispute?

    Breach of Fiduciary Duty Claim Against Insurer Survives Motion to Dismiss

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    The CA Supreme Court Grants Petition for Review of McMillin Albany LLC v. Super Ct. 2015 F069370 (Cal.App.5 Dist.) As to Whether the Right to Repair Act (SB800) is the Exclusive Remedy for All Defect Claims Arising Out of New Residential Construction

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    Corporate Profile


    Through more than four thousand construction and design related expert designations, the Miramar, Florida Construction Expert Directory delivers a superior construction and design expert support solution to attorneys and construction practice groups concerned with construction defect and claims matters. BHA provides construction claims investigation and expert services to the nation's leading construction practice groups, Fortune 500 builders, general liability carriers, owners, as well as a variety of public entities. Employing in house resources which comprise registered architects, professional engineers, licensed general and specialty contractors, the firm brings national experience and local capabilities to Miramar and the surrounding areas.

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    Construction Expert Witness News & Info
    Miramar, Florida

    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

    Developer Pre-Conditions in CC&Rs Limiting Ability of HOA to Make Construction Defect Claims, Found Unenforceable

    August 16, 2021 —
    The Davis-Stirling Common Interest Development Act (Civ. Code §4000, et seq.), also known simply as “Davis-Stirling,” is a statute that applies to condominium, cooperative and planned unit development communities in California. The statute, which governs the formation and management of homeowners associations or HOAs, also governs lawsuits filed by HOAs for construction defects. In the next case, Smart Corners Owner Association v. CJUF Smart Corner LLC, Case No. D076775 (May 20, 2021), the 4th District Court of Appeal addressed the pre-litigation voting requirements of Davis-Stirling and the impact of recent amendments to the Act. The Smart Corners Case In 2004, CJUF Smart Corner LLC contracted with Hensel Phelps Construction Company for the construction of the Smart Corner condominium project, a 19-story mixed-use development with 301 residential units and common areas, in San Diego, California. As part of the development an HOA was formed, the Smart Corner Owner Association. Read the court decision
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    Reprinted courtesy of Garret Murai, Nomos LLP
    Mr. Murai may be contacted at

    Updates to Residential Landlord Tenant Law

    October 18, 2021 —
    Over the past several months, there have been major updates to the residential landlord tenant laws in Washington State and Seattle. There are also some remaining moratoria or eviction restrictions in Washington and Seattle. The following is a general overview of the changes. Eviction Moratoria: Washington State Governor Inslee’s state-wide eviction moratorium technically ended on June 30, 2021. However, in late June 2021, Governor Inslee announced a “bridge” proclamation between the eviction moratorium and the housing stability programs put in place by the Washington State Legislature. The bridge is effective July 1 through September 30. The goal of the bridge period was to protect tenants from evictions for non-payment of rent to allow local governments to set up distribution programs for funds. More than $650 million of federal relief dollars allocated to assist renters was predicted to be available beginning in July. This is in addition to the $500 million previously released by the Department of Commerce to local governments for rental assistance and will help more than 80,000 landlords and renters. However, insofar as many localities have not established distribution protocols, the bridge period was instituted to allow time for those programs to be set up in various parts of the state. Read the court decision
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    Reprinted courtesy of Lawrence S. Glosser, Ahlers, Cressman & Sleight
    Mr. Glosser may be contacted at

    De-escalating The Impact of Price Escalation

    August 10, 2021 —
    What happens when construction material prices abruptly rise by 15%, 35%, 50%? Moreover, what happens to a construction project when such volatility occurs? While there is no definite answer, delays in procuring such materials and associated cost overruns will likely impact the construction project. The last 15 months contractors have had to work through extraordinary construction material price increases, such as a 90% price increase for lumber from April 2020 to April 2021. While there is no statistic quantifying the impact these increases have had on the construction industry, the increases surely have had an influence, whether it has been through lost profits, delays, or damage to contractors’ otherwise strong reputation for timely performance. Considerations Prior To Contract Execution The first way to mitigate price escalation is identifying materials most susceptible to price volatility during the bidding process and then having an open discussion with upstream parties regarding the potential price volatility. Additionally, the bid may also include either (1) an allowance for the materials providing additional funds, if necessary, should the material price increase, or (2) a shortened timeframe in which the bid is open, which would lessen the time in which a price shift may occur. Read the court decision
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    Reprinted courtesy of Brian C. Padove, Watt, Tieder, Hoffar & Fitzgerald, LLP
    Mr. Padove may be contacted at

    Presidential Executive Order 14008: The Climate Crisis Order

    August 16, 2021 —
    Presidential Executive Order 14008, “Tackling the Climate Crisis,” a long and unusually detailed Executive Order published in the Federal Register on February 1, 2021 (see 86 FR 7619), has generated considerable discussion and commentary. Below, I briefly outline its provisions. This EO describes the “climate crisis” in existential terms:
    “There is little time left to avoid setting the world on a dangerous, potentially catastrophic climate trajectory.” Confronting and combating climate change will be an important component of American foreign policy and national security, and domestically, the federal government’s resources will be mobilized to deploy a “govern-wide approach to the climate crisis.”
    Read the court decision
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    Reprinted courtesy of Anthony B. Cavender, Pillsbury
    Mr. Cavender may be contacted at

    The Roads to Justice: Building New Bridges

    August 23, 2021 —
    Former U.S. Dept. of Transportation Secretary Anthony Foxx grew up on “the wrong side of the tracks.” “My home was a stone’s throw from Interstates 85 and 77,” recalls Foxx, who grew up in Charlotte, N.C., and served as DOT Secretary from 2013-17 under President Barack Obama. “The airport was nearby. Planes flew at low altitude over our house. Whether or not I was using the system, I sure heard and saw a lot of it.” Desirable areas to live were far away from transportation infrastructure, “and the property values of those living near these projects was diminished.” Reprinted courtesy of Aileen Cho, Engineering News-Record Ms. Cho may be contacted at Read the full story... Read the court decision
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    Reprinted courtesy of

    Alabama Federal Magistrate Recommends Dismissal of Construction Defect Declaratory Judgment Action Due to Expanded Duty to Defend Standard

    May 31, 2021 —
    While the starting point for assessing an insurer’s duty to defend requires comparing the allegations contained within a complaint to the language contained within the insured’s policy, the majority of states require an insurer to do more. In Alabama, a failure of the underlying complaint to allege damages falling within the policy’s terms is not necessarily fatal to coverage – if there are facts provable by admissible evidence to place the loss within coverage. The U.S. District Court for the Southern District of Alabama recently examined Alabama’s broadened duty to defend standard in Frankenmuth Mutual Insurance Company v. Gates Builders, No. 20-00596, 2021 U.S. Dist. LEXIS 83645 (S.D. Ala. Apr. 29, 2021). In Frankenmuth, the magistrate judge was tasked with determining whether the court should abstain from hearing an insurer’s declaratory judgment coverage action pending the resolution of the underlying state court action. The underlying state court action arose out of an allegedly defective construction project. Frankenmuth’s insured, Gates Builders, was hired to perform exterior and structural rehabilitation work at the Resort Conference Center Condominium (the Condominium) in Gulf Shores, Alabama. The project began in July 2014 and concluded in June 2015. In 2019, Gates Builders was informed that the Condominium’s decks were sagging. Gates Builders shored up the decks and provided the Condominium with a quote for the cost of repairs. In July 2020, the Condominium’s Association filed suit, alleging that the work performed in 2014 and 2015 was faulty and had caused damage to the Condominium. Reprinted courtesy of Anthony L. Miscioscia, White and Williams and Margo Meta, White and Williams Mr. Miscioscia may be contacted at Ms. Meta may be contacted at Read the court decision
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    Reprinted courtesy of

    Alert: AAA Construction Industry Rules Update

    June 07, 2021 —
    The American Arbitration Association has made some needed updates to their Construction Industry Arbitration and Mediation Rules, effective July 1, 2015. Among the changes listed at their website are:
    • A mediation step for all cases with claims of $100,000 or more (subject to the ability of any party to opt out).
    • Consolidation and joinder time frames and filing requirements to streamline these increasingly involved issues in construction arbitrations.
    • New preliminary hearing rules to provide more structure and organization to get the arbitration process on the right track from the beginning.
    • Information exchange measures to give arbitrators a greater degree of control to limit the exchange of information, including electronic documents.
    • Availability of emergency measures of protection in contracts that have been entered into on or after July 1, 2015.
    • Enforcement power of the arbitrator to issue orders to parties that refuse to comply with the Rules or the arbitrator’s orders.
    • Permissibility of dispositive motions to dispose of all or part of a claim or to narrow the issue in a claim.
    Read the court decision
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    Reprinted courtesy of The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at