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    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.

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    Commercial and Residential Contractors License Required.

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    Tri-County Home Builders
    Local # 1073
    PO Box 420
    Marianna, FL 32447

    Chattahoochee Florida Building Expert 10/ 10

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

    Chattahoochee Florida Building Expert 10/ 10

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

    Chattahoochee Florida Building Expert 10/ 10

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

    Chattahoochee Florida Building Expert 10/ 10

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

    Chattahoochee Florida Building Expert 10/ 10

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

    Chattahoochee Florida Building Expert 10/ 10

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

    Chattahoochee Florida Building Expert 10/ 10

    Building Expert News and Information
    For Chattahoochee Florida

    Housing Agency Claims It Is Not a Party in Construction Defect Case

    Time to Repair Nevada’s Construction Defect Laws?

    Partner Denis Moriarty and Of Counsel William Baumgaertner Listed in The Best Lawyers in America© 2017

    Will Future Megacities Be a Marvel or a Mess? Look at New Delhi

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

    Brenner Base Tunnelers Conquer Peaks and Valleys in the Alps

    Construction Defects through the Years

    Production of Pre-Denial Claim File Compelled

    The Insurance Coverage Debate on Construction Defects Continues

    Another Exception to Fraud and Contract Don’t Mix

    New Safety Standards Issued by ASSE and ANSI

    Determining Duty to Defend in Wisconsin Does Not Include Extrinsic Evidence

    What Does It Mean When a House Sells for $50 Million?

    Application of Set-Off When a Defendant Settles in Multiparty Construction Dispute

    Building Growth Raises Safety Concerns

    Nevada Lawmakers Had Private Meetings on Construction Defects

    Arizona Is the No. 1 Merit Shop Construction State, According to ABC’s 2020 Scorecard

    Boston Water Main Break Floods Trench and Kills Two Workers

    Joint Venture Dispute Over Profits

    Insurer's Attempt to Strike Experts in Collapse Case Fails

    Determination That Title Insurer Did Not Act in Bad Faith Vacated and Remanded

    Insurance Company’s Reservation of Rights Letter Negates its Interest in the Litigation

    Claims for Bad Faith and Punitive Damages Survive Insurer's Motion for Summary Judgment

    Insured's Commercial Property Policy Deemed Excess Over Unobtained Flood Policy

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

    Eighth Circuit Rejects Retroactive Application of Construction Defect Legislation

    Chinese Drywall Manufacturer Claims Product Was Not for American Market

    Paul Tetzloff Elected As Newmeyer & Dillion Managing Partner

    Insured’s Bad Faith Insurance Claim Evaporates Before its Eyes

    U.S. Judge Says Wal-Mart Must Face Mexican-Bribe Claims

    Happy Thanksgiving from CDJ

    Court Concludes That COVID-19 Losses Can Qualify as “Direct Physical Loss”

    Scaffolding Collapse Kills Workers at China Construction Site

    Floating Crane on Job in NYC's East River Has a Storied Past of Cold War Intrigue

    Design-Assist, an Ambiguous Term Causing Conflict in the Construction Industry[1]

    New York Developers Facing Construction Defect Lawsuit

    Home-Rentals Wall Street Made Say Grow or Go: Real Estate

    Follow Up on Continental Western v. Shay Construction

    Philadelphia Court Rejects Expert Methodology for Detecting Asbestos

    Charles Carter v. Pulte Home Corporation

    Insurance Firm Defends against $22 Million Claim

    Providing “Labor” Under the Miller Act

    Couple Gets $79,000 on $10 Million Construction Defect Claim

    Short-Term Rental Legislation & Litigation On the Way!

    Illinois Legislature Enables Pre-Judgment Interest in Personal Injury Cases

    Two More Lawsuits Filed Over COVID-19 Business Interruption Losses

    Lake Texoma, Texas Condo Case may go to Trial

    AECOM Out as General Contractor on $1.6B MSG Sphere in Las Vegas

    Minnesota Addresses How Its Construction Statute of Repose Applies to Condominiums

    White and Williams Earns Tier 1 Rankings from U.S. News "Best Law Firms" 2017
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    The Chattahoochee, Florida Building Expert Group at BHA, leverages from the experience gained through more than 5,500 construction related expert witness designations encompassing a wide spectrum of construction related disputes. Leveraging from this considerable body of experience, BHA provides construction related trial support and expert services to Chattahoochee's most recognized construction litigation practitioners, commercial general liability carriers, owners, construction practice groups, as well as a variety of state and local government agencies.

    Building Expert News & Info
    Chattahoochee, Florida

    9 Positive Housing Statistics by Builder

    March 05, 2015 —
    Builder Magazine presented “9 housing stats to start off spring selling season.” For instance, the rate of U.S. homeownership in the fourth quarter of 2014, according to the U.S. Census Bureau, was 63.9% and there were 728,000 housing starts in December of 2014, according to the NAHB. Furthermore, 80% of contracting firms plan to expand payrolls in 2015. Read the court decision
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    Reprinted courtesy of

    Virtual Mediation – How Do I Make It Work for Me?

    December 21, 2020 —
    Mediation took the construction industry by storm in the late 1980’s and has become a staple for resolving construction claims. Today, most construction contracts, including the ConsensusDocs, require mediation as a condition precedent to binding dispute resolution, whether it be arbitration or litigation. As a result, many construction executives have spent long hours sitting in conference rooms trying to reach resolution with their counterpart through mediation in order to avoid the alternative – costly arbitration or litigation that often produces an unsatisfactory result. While many businesses have foreclosed the possibility of meeting in person due to the COVID-19 pandemic, the contractual requirements for mediation remain. Thus, in most cases, in-person or live mediation is no longer an option; however, attorneys and mediators have developed a virtual process to replace the live process. With a new process comes many questions: Does the virtual process work? What are the best practices and pitfalls for virtual mediation? Will virtual mediation continue when COVID-19 fades away? How do I make virtual mediation work for me? The answers to these questions and more are discussed below. Reprinted courtesy of Adrian L. Bastianelli, III, Peckar & Abramson, P.C. and Jennifer Harris, Peckar & Abramson, P.C. Mr. Bastianelli may be contacted at Ms. Harris may be contacted at Read the court decision
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    Inside New York’s Newest Architectural Masterpiece for the Mega-Rich

    May 20, 2015 —
    The newest condominium tower in midtown Manhattan's billionaires district is ready to open its doors to buyers. It took almost a decade to get there. The skyscraper at 53 W. 53rd St., designed by French architect Jean Nouvel and rising next to the Museum of Modern Art, will start marketing its 139 apartments next week, with prices starting at $3 million. Planned since 2006, the project endured the real estate bust and a global financial crisis that decimated demand for luxury homes. Now it's emerging when buyers can't seem to get enough of them. "We're very eager to begin,'' said David Penick, the New York-based managing director for developer Hines, which is building the project with Goldman Sachs Group and Singapore-based Pontiac Land Group. "We're confident in what we have to sell in the market we're in, and we'll see how it goes.'' Read the court decision
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    Reprinted courtesy of Oshrat Carmiel, Bloomberg

    Sometimes You Just Need to Call it a Day: Court Finds That Contractor Not Entitled to Recover Costs After Public Works Contract is Invalidated

    June 29, 2020 —
    January was a tough month in the courts for Hensel Phelps Construction Company. Hot off the heels of Hensel Phelps Construction Co. v. Superior Court, a case concerning the 10-year statute of limitations under Civil Code section 941, comes Hensel Phelps Construction Co. v. California Department of Corrections and Rehabilitation, Case No. B293427 (January 28, 2020), a bid dispute case . . . The Tale of a Bid, a Bid Protest, and Two Cases A. The Bid and Bid Protest On March 15, 2015, the California Department of Corrections and Rehabilitation (CDCR) issues an Invitation for Bid for the HVAC project at the Ironwood State Prison. The deadline to submit bids was April 30, 2015. Hensel Phelps Construction Co. submitted a timely bid and was determined to be the “apparent low bidder” with a bid of $88,160,000. Read the court decision
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    Reprinted courtesy of Garret Murai, Nomos LLP
    Mr. Murai may be contacted at

    PSA: Performing Construction Work in Virginia Requires a Contractor’s License

    March 04, 2019 —
    As a Virginia construction attorney, I often get calls for assistance in dealing with payment disputes. Frequently, these calls come from out of state contractors and subcontractors that have performed work in Virginia. One of the first questions that I ask is whether these contractors and subcontractors hold a contractor license from the Commonwealth of Virginia. While most do, some do not, likely because they are unaware of the requirement in Virginia that all contractors be licensed when performing work in the Commonwealth. While I haven’t done an exhaustive survey of the statutes and regulations of every state of the union on this point, the confused silence leads me to believe that such is not a requirement in every state. The most common reaction after “I had no idea I needed one” is that the general contractor holds a license so they did not think they needed to hold one. As I stated above, this is incorrect. Read the court decision
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    Reprinted courtesy of The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at

    What is a Subordination Agreement?

    May 06, 2019 —
    Put simply, a subordination agreement is a legal agreement which establishes one debt as ranking behind another debt in the priority for collecting repayment from a debtor. It is an arrangement that alters the lien position. Without a subordination clause, loans take chronological priority which means that a deed of trust recorded first will be considered senior to all deeds of trusts recorded after. As such, the oldest loan becomes the primary loan, with first call on any proceeds from a sale of a property. However, a subordination agreement acknowledges that one party’s claim or interest is inferior to that of another party in the event that the borrowing entity liquidates its assets. Further, shareholders are subordinate to all creditors. The junior debt is referred to as a “subordinated debt”, and the debt which has a higher claim to any assets is the senior debt. Often, the borrower does not have enough funds to pay all debts, and lower priority debts may receive little or no repayment. For example, if a business has $400,000 in senior debt, $100,000 in subordinated debt, and a total asset value of $420,000, upon liquidation of the company, only the senior debtholder will be paid in full. The remaining $20,000 will be distributed among the subordinated debtholders. Subordinated debts are, therefore, riskier and lenders will require a higher interest rate as compensation. Read the court decision
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    Reprinted courtesy of Bremer Whyte Brown & O'Meara LLP

    How is Negotiating a Construction Contract Like Buying a Car?

    January 04, 2018 —
    Originally Published by CDJ on March 1, 2017 I know, you’re probably looking for a punchline, and likely thinking something along the lines of “only a construction attorney would be sitting in his office and come up with such an analogy,” but I really do think it’s a good one. When you are buying a car, you look for priorities. Is the color what you want? Is the motor a hybrid or a v-6? Does it have Android Auto? What is the fuel mileage? All of these things may be more or less important to you. If you can get your priorities for a price that is attractive, you will likely let some other less important items, e. g. trunk space or rear seat leg room, slide and purchase the car anyway. Furthermore, you may use these minor items as negotiating points to either get one of the priorities or a lower price. Of course the dealership will want to get its priorities, likely a sale and a profit, when negotiating and will have certain items that it won’t move on just as you have terms that you won’t move on. Much like when you walk onto the car lot, and particularly as a subcontractor looking at a contract from a general contractor, or a GC looking at the contract from the owner of a project, a construction contract presented to you is the starting point. When looking at the contract, be sure to have some non-negotiable items in mind when taking a critical eye to the terms of that contract. Some of these terms may be more or less negotiable depending on your experience with the other party to the construction contract. For instance, striking a pay if paid clause may be less important with a paying party with whom you have a 10 year history without payment problems. On the other hand, if it is your first contract with the other party, a stricter list may be required. So, much like a dealer that you know will stand behind its cars, you may be more willing to take more “risk” in entering a construction contract with a trusted/known owner or GC. Read the court decision
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    Reprinted courtesy of Christopher G. Hill, The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at

    Points on Negotiating Construction Claims

    December 30, 2013 —
    Eugene Heady of Smith Currie and Hancock offers some pointers on the effective negotiation of construction claims. He notes that “claims and disputes in the construction industry are commonplace,” but that “settlement usually comes after much pain, suffering, and expense.” He offers nine points to consider when negotiating construction claims. His first two points are to develop a claim position and then document that claim. He says that “the facts underlying the claim should be nonnegotiable.” The documentation “suggests to your opponent that you have done your homework and are serious about the pursuit of your claim.” He also notes that you need to understand the strengths and weaknesses of your position. On the other side, you need to “understand your opponent’s positions,” and also “your opponent’s strengths.” He points out that “an appreciation for what is truly important to your opponent is the starting point for the development of creative solutions to the dispute. Further, bargaining should be done in good faith, negotiation should be done on the merits, and you are well advised to “choose a seasoned and skilful negotiator. “A prolonged and expensive legal battle is not likely to change the outcome,” he warns. Read the court decision
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    Reprinted courtesy of