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

    Melbourne Village Florida Building Expert 10/ 10

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

    Melbourne Village Florida Building Expert 10/ 10

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

    Melbourne Village Florida Building Expert 10/ 10

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

    Melbourne Village Florida Building Expert 10/ 10

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

    Melbourne Village Florida Building Expert 10/ 10

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

    Melbourne Village Florida Building Expert 10/ 10

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

    Melbourne Village Florida Building Expert 10/ 10


    Building Expert News and Information
    For Melbourne Village Florida


    Construction Warranties and the Statute of Repose – Southern States Chemical, Inc v. Tampa Tank & Welding Inc.

    Haight Welcomes Elizabeth Lawley

    Best Practices in Construction– What are Yours?

    Construction Employment Rose in 38 States from 2013 to 2014

    Pay Loss Provision Does Not Preclude Assignment of Post-Loss Claim

    Contractor Not Liable for Flooding House

    Construction Defect Specialist Joins Kansas City Firm

    Texas Walks the Line on When the Duty to Preserve Evidence at a Fire Scene Arises

    This Company Wants to Cut Emissions to Zero in the Dirty Cement Business

    Gehry-Designed Project Seen Bringing NYC Vibe to L.A.

    Vallagio v. Metropolitan Homes: The Colorado Court of Appeals’ Decision Protecting a Declarant’s Right to Arbitration in Construction Defect Cases

    Duty to Defend Sorted Between Two Insurers Based Upon Lease and Policies

    Appellate Attorney’s Fees and the Significant Issues Test

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

    New York Court of Appeals Finds a Proximate Cause Standard in Additional Insured Endorsements

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    Benford’s Law: A Seldom Used Weapon in Forensic Accounting

    A Call to Washington: Online Permitting Saves Money and the Environment

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    Aging-in-Place Features Becoming Essential for Many Home Buyers

    BE PROACTIVE: Steps to Preserve and Enhance Your Insurance Rights In Light of the Recent Natural Disasters

    Newmeyer & Dillion Attorneys Selected to Best Lawyers in America© Orange County and as Attorneys of the Year 2018

    Why You Make A Better Wall Than A Window: Why Policyholders Can Rest Assured That Insurers Should Pay Legal Bills for Claims with Potential Coverage

    District of Oregon Predicts Oregon’s Place in “Plain Meaning” Pollution Camp

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    To Require Arbitration or Not To Require Arbitration

    Oregon Court of Appeals Rules That Negligent Construction (Construction Defect) Claims Are Subject to a Two-Year Statute of Limitations

    Montrose III: Appeals Court Rejects “Elective Vertical Stacking,” but Declines to Find “Universal Horizontal Exhaustion” Absent Proof of Policy Wordings

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    MELBOURNE VILLAGE FLORIDA BUILDING EXPERT
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    The Melbourne Village, 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. Drawing from this considerable body of experience, BHA provides construction related trial support and expert services to Melbourne Village'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.

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    Melbourne Village, Florida

    EPA Fines Ivory Homes for Storm Water Pollution

    June 26, 2014 —
    “Utah’s largest home builder [Ivory Homes] has agreed to a $250,000 fine and to take several steps…to comply with Clean Water Act requirements to control pollution associated with storm-water runoff from construction sites,” reported The Salt Lake Tribune. David Broadbent, Ivory Homes’ chief operating officer, stated in an email to The Salt Lake Tribune: “We are proud of our environmental record, particularly our storm-water compliance record. We are the first and the only home builder in Utah to implement a robust, companywide program to safeguard against sediment from entering Utah waters as a result of home-building activities.” Furthermore, Broadbent declared that the “inspections that led to the violations notices” did not yield any evidence that their “home-building practices resulted in any sediment discharge in any amount, let alone harm, to Utah waters.” Read the court decision
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    Options When there is a Construction Lien on Your Property

    June 02, 2016 —
    There is a construction lien on my property. What are my best options? I hear this question quite a bit…so here it goes… (1) Do nothing. That’s right – do nothing. If you are not looking to sell your house or refinance in the next year or so, you can do nothing and see whether the lienor files a construction lien foreclosure lawsuit. The lienor has one year from the recording of the lien to file the lawsuit. (2) Record a Notice of Contest of Lien. The Notice of Contest of Lien shortens the lienor’s statue of limitations to foreclose on the lien from one year to 60 days. If the lienor fails to foreclose on the lien within 60 days, the lien is extinguished by operation of law. This is the route I tend to prefer. If the lienor is going to file a lien foreclosure lawsuit, I tend to think it is better forcing the issue on the front end as opposed to waiting a year. But every situation is different. Read the court decision
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    Reprinted courtesy of David M. Adelstein, Kirwin Norris
    Mr. Adelstein may be contacted at dma@kirwinnorris.com

    More Charges Anticipated in Las Vegas HOA Scam

    February 28, 2013 —
    With almost forty people already charged in the conspiracy to take over Las Vegas homeowners associations in order to profit from construction defect claims, more charges are likely to come, according to an article in the Las Vegas Review Journal. The article also notes that the trial against Leon Benzer will involve millions of pages of documents. It is alleged that Benzer found straw purchasers for condominiums in order to control homeowner boards. Benzer’s firm, Silver Lining Construction, would then receive contracts to repair construction defects. The Justice Department will be seeking restitution for the victims, which may total $25 million. Four individuals with connections to the conspiracy have died since investigations began. At least three of these deaths were suicides, and included Nancy Quon, who with Benzer are thought to be the main figures in the scam. Read the court decision
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    Quick Note: Not In Contract With The Owner? Serve A Notice To Owner.

    August 13, 2019 —
    A subcontractor or supplier not in direct contract with an owner must serve a Notice to Owner within 45 days of initial furnishing to preserve construction lien rights. Of course, the notice of commencement should be reviewed to determine whether the subcontractor or supplier has construction lien or payment bond rights so that it knows how to best proceed in the event of nonpayment. Serving a Notice to Owner should be done as a matter of course — a standard business operation; no exceptions. Read the court decision
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    Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
    Mr. Adelstein may be contacted at dma@kirwinnorris.com

    Class Actions Under California’s Right to Repair Act. Nope. Well . . . Nope.

    January 15, 2019 —
    It’s the holidays. A time when family and friends, and even neighbors, gather together. And nothing brings neighbors closer together than class action residential construction defect litigation. In Kohler Co. v. Superior Court, Case No. B288935 (November 14, 2018), the Second District Court of Appeal addressed whether neighbors can bring class action lawsuits under the Right to Repair Act. For those who are regular readers of the California Construction Law Blog you’re familiar with the Right to Repair Act codified at Civil Code sections 895 et seq. Read the court decision
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    Reprinted courtesy of Garret Murai, Wendel Rosen
    Mr. Murai may be contacted at gmurai@wendel.com

    NY Pay-to-Play Charges Dropped Against LPCiminelli Executive As Another Pleads Guilty

    June 06, 2018 —
    The former president of New York contractor LPCiminelli—the firm that has been at the center of an alleged pay-to-play scheme playing out since 2016 when he and two other executives were indicted—got a reprieve as federal prosecutors said they were dropping all charges against him, including wire fraud, conspiracy to commit wire fraud and making false statements to federal agents, according to a June 1 court filing. Reprinted courtesy of Mary B. Powers, ENR and Debra K. Rubin, ENR Ms. Rubin may be contacted at rubind@enr.com Read the court decision
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    Third Circuit Affirms Use of Eminent Domain by Natural Gas Pipeline

    November 28, 2018 —
    On October 30, the U.S. Court of Appeals for the Third Circuit decided the case of Transcontinental Gas Pipe Line Co., LLC v. Permanent Easements for 2.14 Acres, et al. , affirming the District Court’s grant of a preliminary injunction to Transcontinental Gas Pipe Line Company, LLC (Transcontinental). This case involves the construction of the “Atlantic Sunrise Expansion Project,” a natural gas pipeline that runs through Pennsylvania, Maryland, Virginia, North Carolina and South Carolina. Under the Natural Gas Act (NGA), pipeline companies can exercise powers of eminent domain when they are acting in the public interest. The Third Circuit cautions that this is a “standard” eminent domain power, and not a “quick take” that is permitted under another statute. Read the court decision
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    Reprinted courtesy of Anthony B. Cavender, Pillsbury
    Mr. Cavender may be contacted at anthony.cavender@pillsburylaw.com

    Professional Liability and Attorney-Client Privilege Bulletin: Intra-Law Firm Communications

    January 07, 2015 —
    Attorney-Client Privilege Protects Confidential Communications Between Law Firm Attorney Representing Current Client and Firm’s General Counsel Regarding Disputes with Client Who Later Files Malpractice Suit In a case of first impression in California, Edwards Wildman Palmer LLP v. Superior Court (No. B255182 - filed November 25, 2014), Division Three of the Second District Court of Appeal addressed the question of whether the attorney-client privilege applies to intrafirm communications between law firm attorneys concerning disputes with a current client, when that client later sues the firm for malpractice and seeks to compel production of such communications. The court concluded that when an attorney representing a current client seeks legal advice from the law firm’s designated in-house “general counsel” concerning disputes with the client, the attorney-client privilege applies to their confidential communications. The court held that adoption of the so-called “fiduciary” or “current client” exceptions to the attorney-client privilege is contrary to California law because California courts are precluded from creating implied exceptions to the statutorily created attorney-client privilege. Reprinted courtesy of David W. Evans, Haight Brown & Bonesteel LLP and Stephen J. Squillario, Haight Brown & Bonesteel LLP Mr. Evans may be contacted at devans@hbblaw.com; Mr. Squillario may be contacted at ssquillario@hbblaw.com Read the court decision
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