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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.


    Building Expert Contractors Licensing
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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

    Indian Harbour Beach Florida Building Expert 10/ 10

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

    Indian Harbour Beach Florida Building Expert 10/ 10

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

    Indian Harbour Beach Florida Building Expert 10/ 10

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

    Indian Harbour Beach Florida Building Expert 10/ 10

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

    Indian Harbour Beach Florida Building Expert 10/ 10

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

    Indian Harbour Beach Florida Building Expert 10/ 10

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

    Indian Harbour Beach Florida Building Expert 10/ 10


    Building Expert News and Information
    For Indian Harbour Beach Florida


    Construction Firm Sues Town over Claims of Building Code Violations

    Catch 22: “If You’re Moving Dirt, You Need to Control Your Dust” (But Don’t Use Potable Water!)

    Louisiana Politicians Struggle on Construction Bills, Hospital Redevelopment

    Other Colorado Cities Looking to Mirror Lakewood’s Construction Defect Ordinance

    Port Authority Reaches Deal on Silverstein 3 World Trade

    Consultant Says It's Time to Overhaul Construction Defect Laws in Nevada

    Mind The Appeal Or: A Lesson From Auto-Owners Insurance Co. V. Bolt Factory Lofts Owners Association, Inc. On Timing Insurance Bad Faith And Declaratory Judgment Insurance Claims Following A Nunn-Agreement

    KF-103 v. American Family Mutual Insurance: Tenth Circuit Upholds the “Complaint Rule”

    Does a No-Damage-for-Delay Clause Also Preclude Acceleration Damages?

    Misread of Other Insurance Clause Becomes Costly for Insurer

    Cuomo Proposes $1.7 Billion Property-Tax Break for New York

    Thanks for Four Years of Recognition from JD Supra’s Readers’ Choice Awards

    South Carolina Law Clarifies Statue of Repose

    White and Williams Announces Lawyer Promotions

    Scary Movie: Theatre Developer Axed By Court of Appeal In Prevailing Wage Determination Challenge

    Homebuyers Get Break as Loan Rates Defy Fed Tapering: Mortgages

    Three lawyers from Haight were recognized in The Best Lawyers in America© 2020 Edition

    Study Finds Mansion Tax Reduced Sales in New York and New Jersey

    TLSS Partner Burks Smith and Associate Katie Keller Win Summary Judgment on Late Reported Water Seepage Case in South Florida

    Colorado Court Holds No Coverage for Breach of Contract Claim

    The Nightmare Scenario for Florida’s Coastal Homeowners

    N.J. Appellate Court Applies Continuous Trigger Theory in Property Damage Case and Determines “Last Pull” for Coverage

    Paris ‘Locks of Love’ Overload Bridges, Threatening Structures

    DC Circuit Issues Two Important Clean Air Act and Administrative Law Decisions

    Construction Defect Coverage Barred Under Business Risk Exclusion in Colorado

    State Supreme Court Cases Highlight Importance of Wording in Earth Movement Exclusions

    Governor Murphy Approves Legislation Implementing Public-Private Partnerships in New Jersey

    Testing Your Nail Knowledge

    Security on Large Construction Projects. The Payment Remedy You Probably Never Heard of

    Right to Repair Reform: Revisions and Proposals to State’s “Right to Repair Statutes”

    Oregon to Add 258,000 Jobs by 2022, State Data Shows

    Green Buildings Could Lead to Liabilities

    Your Work Exclusion Applies to Damage to Tradesman's Property, Not Damage to Other Property

    Construction Defect Lawsuit May Affect Home Financing

    Home Prices Beat Estimates With 0.8% Gain in November

    The Impact of Sopris Lodging v. Schofield Excavation on Timeliness of Colorado Construction Defect Claims

    Subcontractors Have a Duty to Clarify Ambiguities in Bid Documents

    Homebuilding on the Rise in Nation’s Capitol

    2018 Construction Outlook: Mature Expansion, Deceleration in Some Sectors, Continued Growth in Others

    Recent Environmental Cases: Something in the Water, in the Air and in the Woods

    And the Cyber-Beat Goes On. Yet Another Cyber Regulatory Focus for Insurers

    Texas EIFS Case May Have Future Implications for Construction Defects

    Update: New VOSH Maximum Penalties as of July 1

    Ensuring Arbitration in Construction Defect Claims

    Do Engineers Owe a Duty to Third Parties?

    Unwrapped Pipes Lead to Flooding and Construction Defect Lawsuit

    Construction Defect Not a RICO Case, Says Court

    Get Your Contracts Lean- Its Better than Dieting

    Design & Construction Case Expands Florida’s Slavin Doctrine

    The Business of Engineering: An Interview with Matthew Loos
    Corporate Profile

    INDIAN HARBOUR BEACH FLORIDA BUILDING EXPERT
    DIRECTORY AND CAPABILITIES

    The Indian Harbour Beach, Florida Building Expert Group is comprised from a number of credentialed construction professionals possessing extensive trial support experience relevant to construction defect and claims matters. Leveraging from this considerable body of experience, BHA provides construction related trial support and expert services to the nation's most recognized construction litigation practitioners, Fortune 500 builders, commercial general liability carriers, owners, construction practice groups, and a variety of state and local government agencies.

    Building Expert News & Info
    Indian Harbour Beach, Florida

    New Tariffs Could Shorten Construction Expansion Cycle

    March 22, 2018 —
    The Trump administration’s recent focus on tariffs on steel and aluminum has largely been in the context of potential trade wars, discordant views regarding globalism, renegotiating NAFTA, and exemptions for key allies and trading partners such as Canada and Mexico. But there is a broader context that implicates not only the construction industry and materials prices, but also the future trajectory of the U.S. economy. The tariffs come during the ninth year of U.S. economic expansion. The economy gained momentum for much of 2017 and enters 2018 with considerable strength. The broadening of the U.S. economic expansion from merely being consumer led to also being associated with surging manufacturing output, construction activity, rising exports and business investment is attributable to many factors, including elevated business confidence and recently enacted tax reform. Read the court decision
    Read the full story...
    Reprinted courtesy of Anirban Basu, Sage Policy Group
    Mr. Basu may be contacted at basu@abc.org

    New Highway for Olympics Cuts off Village near Sochi, Russia

    February 07, 2014 —
    A new highway costing $635 million was built in Sochi, Russia to support this month’s Winter Olympic Games—but the “shining” highway has cut off residents of the Village of Akhtyr, according to The Spokesman-Review. The online publication reports that while the Olympics will showcase the “luxury malls, sleek stadiums and high-speed train links, thousands of ordinary people in the Sochi area put up with squalor and environmental waste: villagers living next to an illegal dump filled with Olympic construction waste, families whose homes are sinking into the earth, city dwellers suffering chronic power cuts despite promises to improve electricity.” One of the Sochi residents told KPAX News that what was once a “15-minute walk to get the bus to work has become a two-hour, cross-country trek. Military guards block their way to the rickety footbridge they used to use.” Furthermore, KPAX News claimed, “Heavy construction and traffic have chewed up the road through town and turned it into a dust bowl.” Read the full story at The Spokesman-Review... Read the full story at KPAX News... Read the court decision
    Read the full story...
    Reprinted courtesy of

    Monitoring Building Moisture with RFID – Interview with Jarmo Tuppurainen

    February 22, 2018 —
    I met Jarmo, the Technology Manager at Helsinki Metropolia University of Applied Sciences, at the leading event for housing markets in Helsinki (Asuntomarkkinat). He and his team had set up an impressive display of devices and structures in the KIRA-digi showroom. Read the court decision
    Read the full story...
    Reprinted courtesy of Aarni Heiskanen, aec business
    Mr. Heiskanen may be contacted at aec-business@aepartners.fi

    Alabama Appeals Court Rules Unexpected and Unintended Property Damage is an Occurrence

    June 17, 2015 —
    In Pennsylvania National Mutual Casualty Insurance Company v St. Catherine of Siena Parish, a U.S. appeals court affirmed "that unexpected and unintended property damage is an ‘occurrence,’” reported Construction Equipment Guide. The underlying case involved roof leaks after the replacement of two Parish roofs, which ultimately led to a trial where Parish was awarded $350,000 in compensatory damages for breach of contract. However, Penn National disputed any obligation to pay, stating that “a breach of contract claim was not an ‘occurrence’ under the policy and even if such claims were an occurrence, the contractual liability and/or ‘your work’ exclusions would bar recovery.” However, the U.S. District Court for the Southern District of Alabama ruled “that there was coverage for the property damage caused by the leaks because an ‘accident’ meant an unintended and unforeseen injury and the allegedly faulty workmanship led to damage to other areas of the structure and thus damage beyond simply the cost to replace the defective roof.” Read the court decision
    Read the full story...
    Reprinted courtesy of

    Maximizing Contractual Indemnity Rights: Components of an Effective Provision

    December 02, 2015 —
    Tort law is aimed at providing compensation to the victims of negligence. Tort law encourages plaintiffs to cast a wide net, pursuing claims or suits against not only those whose fault seems manifestly primary, but also against defendants whose causal exposure is minimal, against those whose exposure is purely by operation of law. As discussed in the first installment of this series, "Maximizing Contractual Indemnity: Problems with Common Law," three common law principles – vicarious liability, joint and several liability, and common law indemnity – cause some parties to pay in excess of their actual degree of causal fault. Contractual indemnity can remedy that harsh result. Part Two: Components of an Effective Provision Properly composed, “broad form” contractual indemnity provisions permit an Indemnitee to shift the full range of financial consequences from tort exposure, including civil damages, defense fees, expert fees, and litigation expenses. Such contracts permit indemnity even where the underlying damage was incurred due to a degree of negligence or fault on the part of the Indemnitee. Such contracts can also allow an Indemnitee to shift to the Indemnitor the risk of loss for someone from whom the Indemnitor would otherwise be immune from suit (e.g., the Indemnitor’s employees). A well-written contract can even convert an entity which is an Indemnitor as to one party (e.g., a general contractor which has to indemnify a property owner) into an Indemnitee as to another party (e.g., a subcontractor) for the very same risk. Read the court decision
    Read the full story...
    Reprinted courtesy of William Kennedy, White and Williams LLP
    Mr. Kennedy may be contacted at kennedyw@whiteandwilliams.com

    Insured's Jury Verdict Reversed After Improper Trial Tactics

    October 09, 2018 —
    The appellate court reversed a jury verdict for the insured due to improper trial tactics by his attorney. Homeowners Choice Property and Cas. Ins. Co., Inc. v. Kuwas, 2018 Fla. Ct. App. LEXIS 9500 (Fla. Ct. App. July 5, 2018). The insured sued Homeowners Choice (HCI) alleging breach of contract due to a denial of coverage for property damage as a result of water loss. During the trial, HCI raised objections to various questions posed by the insured's counsel during the testimony of HCI's litigation manager, as well as various closing arguments made by the insured. The jury entered a verdict for the insured for a substantial sum. HCI appealed. Read the court decision
    Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    Pennsylvania Considers Changes to Construction Code Review

    November 06, 2013 —
    Pennsylvania may soon change how it adopts changes to its implementation of the Uniform Construction Code, but it’s not clear which method will be adopted, as the Pennsylvania House and Senate have competing bills. In the Senate bill (SB1023), the only change would be that any changes to the Uniform Building Code made by the International Code Council would automatically become part of the Pennsylvania building code, unless rejected by a two-thirds vote of the Pennsylvania UCC Review and Advisory Council. Under current Pennsylvania law, changes are adopted only with a two-thirds approval of the RAC. The House bill (HB1209), separates the commercial code from the residential code. Under the House proposal, the RAC would reject changes to the commercial building code on a two-thirds vote, otherwise they would be adopted, but in the residential building code, changes would be rejected unless the RAC approved them by a two-thirds vote. Read the court decision
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    Reprinted courtesy of

    Appellate Attorney’s Fees and the Significant Issues Test

    June 29, 2017 —
    The significant issues test to determine the prevailing party in construction lien actions (which, by the way, also applies to breach of contract actions) applies to appellate attorney’s fees too! Under this test, the trial court has discretion to determine which party prevailed on the significant issues of the case for purposes of attorney’s fees. The trial court also has discretion to determine that neither party was the prevailing party for purposes of attorney’s fees. In a recent decision, Bauer v. Ready Windows Sales & Service Corp., 42 Fla. L. Weekly D1417a (Fla. 3d DCA 2017), there were competing motions for appellate attorney’s fees. Both parties believed they should be deemed the prevailing party under Florida Statute s. 713.29 (statute that authorizes prevailing party attorney’s fees under Florida’s Construction Lien Law). The appellate court held that neither party was the prevailing party under the significant issues test: “[W]e conclude that each party lost on their appeal, while each party successfully defended that part of the judgment in their favor on the other party’s cross-appeal. Because both parties prevailed on significant issues, this Court finds that appellate fees are not warranted for either party.” Bauer, supra. Read the court decision
    Read the full story...
    Reprinted courtesy of David Adelstein, Florida Construction Legal Updates
    Mr. Adelstein may be contacted at Dadelstein@gmail.com