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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.


    Building Expert Contractors Licensing
    Guidelines Miramar Florida

    Commercial and Residential Contractors License Required.


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

    Miramar Florida Building Expert 10/ 10

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

    Miramar Florida Building Expert 10/ 10

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

    Miramar Florida Building Expert 10/ 10

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

    Miramar Florida Building Expert 10/ 10

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

    Miramar Florida Building Expert 10/ 10

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

    Miramar Florida Building Expert 10/ 10

    Home Builders Association of Panama City (Fla)
    Local # 1042
    PO Box 979
    Panama City, FL 32402
    Miramar Florida Building Expert 10/ 10


    Building Expert News and Information
    For Miramar Florida


    Eighth Circuit Remands to Determine Applicability of Collapse Exclusion

    Contractor to Repair Defective Stucco, Plans on Suing Subcontractor

    Housing Affordability Down

    Construction Defect Litigation in Nevada Called "Out of Control"

    TV Kitchen Remodelers Sued for Shoddy Work

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

    Benefits to Insureds Under Property Insurance Policy – Concurrent Cause Doctrine

    San Diego Developer Strikes Out on “Disguised Taking” Claim

    Denver Passed the Inclusionary Housing Ordinance

    Delaware Strengthens Jurisdictional Defenses for Foreign Corporations Registered to Do Business in Delaware

    Netherlands’ Developer Presents Modular Homes for Young Professionals

    How a Robot-Built Habitat on Mars Could Change Construction on Earth

    Bay Area Firm Offers Construction Consulting to Remodels

    Short-Term Rental Legislation & Litigation On the Way!

    Boston Tower Project to Create 450 Jobs

    When it Comes to COVID Emergency Regulations, Have a Plan

    Boston Building Boom Seems Sustainable

    No Coverage Where Cracks in Basement Walls Do Not Amount to Sudden Collapse

    High Court Could Alter Point-Source Discharge Definition in Taking Clean-Water Case

    No Indemnity After Insured Settles Breach of Implied Warranty of Habitability Claims

    Owner’s Obligation Giving Notice to Cure to Contractor and Analyzing Repair Protocol

    Hail Drives Construction Spending in Amarillo

    Taylor Morrison Home Corp’ New San Jose Development

    The New Industrial Revolution: Rebuilding America and the World

    NEHRP Recommendations Likely To Improve Seismic Design

    One Stat About Bathrooms Explains Why You Can’t Find a House

    Tips for Contractors Who Want to Help Rebuild After the California Wildfires

    Quick Note: Steps to Protect and Avoid the “Misappropriation” of a “Trade Secret”

    Florida’s Citizens Property Insurance May Be Immune From Bad Faith, But Is Not Immune From Consequential Damages

    Addenda to Construction Contracts Can Be an Issue

    Efficient Proximate Cause Applies to Policy's Collapse Provisions

    The Colorado Supreme Court holds that loans made to a construction company are not subject to the Mechanic’s Lien Trust Fund Statute

    Big League Dreams a Nightmare for Town

    Certificates of Insurance May Confer Coverage

    More Thoughts on “Green” (the Practice, not the Color) Building

    Harvey's Aftermath Will Rattle Construction Supply Chain, Economists Say

    The Unthinkable Has Happened. How Should Contractors Respond?

    Overruling Henkel, California Supreme Court Validates Assignment of Policies

    Recycled Water and New Construction. New Standards Being Considered

    Recovery Crews Swing Into Action as Hurricane Michael Departs

    EPA Expands Energy Star, Adds Indoor airPLUS

    No Choice between Homeowner Protection and Bankrupt Developers?

    Ten-Year Statute Of Repose To Sue For Latent Construction Defects

    Haight Brown & Bonesteel Attorneys Named Best Lawyers in America ® 2016

    Defense for Additional Insured Not Barred By Sole Negligence Provision

    The Flood Insurance Reform Act May be Extended to 2016

    Why Construction Firms Should Think Differently on the Issue of Sustainability

    Miller Law Firm Helped HOA Recover for Construction Defects without Filing a Lawsuit

    Contractors Can No Longer Make Roof Repairs Following Their Own Inspections

    The Hidden Price of Outdated Damage Prevention Laws: Part I
    Corporate Profile

    MIRAMAR FLORIDA BUILDING EXPERT
    DIRECTORY AND CAPABILITIES

    The Miramar, 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
    Miramar, Florida

    Construction Executives Expect Improvements in the Year Ahead

    November 12, 2019 —
    Vistage’s recent survey captured responses from 1,463 CEOs of small and mid-sized businesses in a variety of industries across the United States. Included in this national data is 224 responses from CEOs in the construction industry, a reliable base for comparing the sentiment of CEOs in construction to the national base. Each quarter, the survey captures:
    • CEO sentiment on the current and future state of the national economy;
    • Expectations for revenue and profitability; and
    • Expansion plans, specifically hiring and investments.
    CONSTRUCTION CEOS ARE OPTIMISTIC ABOUT THE FUTURE When asked about revenue expectations, 65% of CEOs in construction reported projections for increased revenues in the coming year, which is on par with the national results. Additionally, 61% expect their profitability to improve over the next 12 months, notably higher than the national figure of 54%. Reprinted courtesy of Joe Galvin, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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    The Best Lawyers in America© Peer Review Names Eight Newmeyer & Dillion Partners in Multiple Categories and Two Partners as Orange County’s Lawyers of the Year in Construction and Insurance Law

    August 26, 2015 —
    Newmeyer & Dillion is pleased to announce that a number of its partners have again been recognized by TheBest Lawyers in America© peer review as some of California’s Best Lawyers in multiple categories. Our partners were recognized in the following practice areas in 2016 for Newport Beach, CA: Michael S. Cucchissi / Real Estate Law Jeffrey M. Dennis / Insurance Law Gregory L. Dillion / Commercial Litigation, Construction Law, Insurance Law, Litigation - Construction, and Litigation - Real Estate Joseph A. Ferrentino / Litigation – Construction and Litigation - Real Estate Thomas F. Newmeyer / Commercial Litigation, Construction Law, and Litigation - Real Estate John A. O'Hara / Litigation - Construction Bonnie T. Roadarmel / Insurance Law Carol Sherman Zaist/ Commercial Litigation Beyond the above recognition, Greg Dillion and Tom Newmeyer were selected respectively as Orange County’s “Lawyers of the Year 2016” in Insurance Law and Construction Law. Greg Dillion and Joe Ferrentino previously have been honored as Orange County “Lawyers of the Year 2015” in Real Estate Litigation as well. “We take pride in hiring great attorneys who will deliver the highest quality service and results for our clients. This recognition confirms that we are doing just that. It is a great honor and well deserved recognition for our partners to be selected by their peers as the Best Lawyers in their fields,” said Managing Partner, Jeff Dennis. Because of the rigorous and transparent methodology used by Best Lawyers, and because lawyers are not required or allowed to pay a fee to be listed, inclusion in Best Lawyers is considered a prestigious honor. Inclusion in the Best Lawyers in America® 2016 is based on a rigorous national survey involving over 6.7 million detailed evaluations by other lawyers. For additional information, visit www.bestlawyers.com. About Newmeyer & Dillion LLP For more than 30 years, Newmeyer & Dillion has delivered creative and outstanding legal solutions and trial results for a wide array of clients. With more than 70 attorneys practicing in all aspects of business, employment, real estate, construction and insurance law, Newmeyer & Dillion delivers legal services tailored to meet each client’s needs. Headquartered in Newport Beach, California, with offices in Walnut Creek, California and Las Vegas, Nevada, Newmeyer & Dillion attorneys are recognized by The Best Lawyers in America©, and Super Lawyers as top tier and some of the best lawyers in California, and have been given Martindale-Hubbell Peer Review's AV Preeminent® highest rating. For additional information, call 949-854-7000 or visit www.ndlf.com. Read the court decision
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    M&A Representation and Warranty Insurance Considerations in the Wake of the Coronavirus Pandemic

    April 06, 2020 —
    Increasingly, M&A transactions are using representation and warranty insurance (RWI) to bridge the gap between a buyer’s desire for adequate recourse to recover damages arising out of breach of representations in the purchase agreement and a seller’s desire to minimize post-closing risk and holdbacks or purchase price escrows traditionally used as the means to satisfy such obligations. When it works, RWI provides a significant benefit to both parties: it mitigates the buyer’s risk in the event that the seller’s representations and warranties prove untrue, and it permits the seller to reduce the portion of the purchase price that it would otherwise have to leave in escrow to cover future claims for breach of those representations and warranties. However, as the coronavirus pandemic ravages the global economy, insurers are now expressly adding COVID-19 exclusions to their RWI policies. If RWI insurers decline coverage for these losses, the allocation of risk in the representations and warranties (and related indemnity provisions) will be more critical than the parties contemplated when they negotiated the transaction documents. Unlike in the case of a natural disaster, insurers cannot quantify the economic fallout that may result from the coronavirus pandemic. This uncertainty breeds systemic concern about the number of insurance claims that covered parties of all varieties will bring, which in turn creates an industry-wide reluctance to cover the claims. Based on discussions with market participants, we understand that, at the present time, 70% to 80% of RWI insurers are broadly excluding losses resulting from COVID-19 and similar viruses, epidemics, and pandemics (including government actions in response thereto), 5% to 10% are narrowly excluding specific coronavirus-related losses that are more likely to be implicated in a particular transaction (e.g., losses caused by business interruption), and 10% to 15% may be willing to narrow their exclusions upon completion of the underwriting process, depending on their comfort level after conducting rigorous and heightened diligence. Insurers’ concerns are wide-ranging, but the representations and warranties causing the greatest distress appear to be those regarding customer retention, supply chain matters, undisclosed liabilities, and the absence of changes between the date of the seller’s most recent financial statements and the transaction closing date. Reprinted courtesy of Lori Smith, White and Williams and Patrick Devine, White and Williams Ms. Smith may be contacted at smithl@whiteandwilliams.com Mr. Devine may be contacted at devinep@whiteandwilliams.com Read the court decision
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    U.S. Codes for Deck Attachment

    July 16, 2014 —
    Ted Cushman in Big Builder explained how “decks often collapse when the ledger attachment to the main house fails.” Now, codes require “positive attachment…a solid connection with closely spaced lag screws (or better yet, bolts)." Cushman demonstrated this pictorially in a detail. He also stated to make sure to fasten securely, remove siding, and install flashing. Read the court decision
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    Out of Eastern Europe, a Window Into the Post-Pandemic Office

    September 28, 2020 —
    Special quarantine rooms. Floor-to-ceiling walls in bathroom stalls. Touchless entrances that take your temperature. This is what telecommunications company Ericsson’s office building in Bucharest looks like after coronavirus. The space has become the pilot for a 100-prong coronavirus standard that a real estate investor in Eastern Europe is pitching as a new global “immune” building standard. Liviu Tudor, president of the Brussels-based European Property Federation, hopes the standard will convince more employees to go back to work. He’s gathered a team of experts in construction, health care and engineering, such as such as Adrian Streinu-Cercel, the head of Bucharest's biggest infectious diseases hospital, to develop three tiers of “immune” building certifications that he says are intended to make indoor spaces “pandemic proof.” Read the court decision
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    Reprinted courtesy of Andra Timu & Irina Vilcu, Bloomberg

    Texas Legislative Update

    July 19, 2017 —
    The marquee fight between Lt. Governor Patrick and Speaker Straus, otherwise known as the 85th Regular Legislative Session, concluded on May 29, 2017. While the political clash over the controversial “bathroom bill” will continue during the special legislative session, this article is intended to provide a brief summary of the construction-related bills that passed during the regular session and a few notable ones that did not pass. A special session has been called by Governor Abbott, but no construction-related bills were included on the agenda. What Passed? HB 2121 – Attorney’s fees for state breach of contract claims. A contractor who prevails on a state breach of contract claim pursuant to Chapter 2260 of the Government Code, that is also valued at less than $250,000.00, may recover attorney’s fees. By using the word “may”, the bill implies that the award of attorney’s fees will be at the discretion of the administrative law judge. This bill became law on June 15, 2017. HB 1463 – Right to cure ADA violations. A person with a disability may assert a claim for discrimination based on a violation of the building and architectural standards established in Chapter 469 of the Government Code. However, this bill requires the claimant to provide the respondent written notice at least sixty (60) days before filing an action for the violation and further gives the respondent an opportunity to cure the alleged violation within the sixty (60) day period. The obvious benefit of this bill is that it allows the respondent, e.g., the owner or potentially the contractor, an opportunity to remediate the violation without incurring litigation costs. This bill becomes effective law on September 1, 2017. Reprinted courtesy of Matthew S.C. Moore, Peckar & Abramson, P.C. and Justin (JD) D. Holzeauser, Peckar & Abramson, P.C. Mr. Moore may be contacted at mmoore@pecklaw.com Mr. Holzheauser may be contacted at jdholzheauser@pecklaw.com Read the court decision
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    Illinois Legislature Enables Pre-Judgment Interest in Personal Injury Cases

    February 01, 2021 —
    On January 13, 2021, the Illinois General Assembly passed HB 3360, which will enable pre-judgment interest of 9% in personal injury cases. The legislation was sponsored by Madison County, Illinois-area representative Jay Hoffman (D-Belleville) and Illinois state senator Dan Harmon (D-Oak Park). Under current Illinois law, plaintiffs are not entitled to pre-judgment interest in personal injury cases because the nature and extent of a plaintiff’s damages cannot be calculated in advance and liability is uncertain (compared, for example, to a breach of contract claim). If signed by the governor, personal injury actions in Illinois will be subject to 9% per annum pre-judgment interest accruing “on the date the defendant has notice of the injury from the incident itself or a written notice." Notably, the bill will also impact pending litigation as interest begins to accrue on the effective date of the legislation for cases already filed. Read the court decision
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    Reprinted courtesy of Justin Zimmerman, Lewis Brisbois
    Mr. Zimmerman may be contacted at Justin.Zimmerman@lewisbrisbois.com

    Understand and Define Key Substantive Contract Provisions

    March 23, 2020 —
    The following contract provisions should be clearly understood before undertaking any construction project commences. Force Majeure Often referred to as an “Act of God,” a force majeure is an event, typically beyond the parties’ control, that prevents performance under a contract. To determine if a contractor need a force majeure clause in its contract, it should ask whether there may be instances where events beyond the contractor’s control could impact its contractual performance? If so, it will want this clause. Courts currently treat force majeure as an issue of contractual interpretation, focusing on the express language in the contract. Consequently, the scope and applicability of a force majeure clause depends on the contract’s terms. Using broad language in a force majeure clause may help protect against unforeseen events. But to the extent possible, parties should describe with particularity the circumstances intended to constitute a force majeure. The law relating to force majeure also fairly consistently provides that parties cannot avoid contractual obligations because performance has become economically burdensome. Courts have refused to apply force majeure clauses where an event only affects profitability. Recent attempts to categorize tariffs on construction materials as a force majeure have failed. Unless a tariff or tax is specifically listed as a force majeure event, it is unlikely to constitute a force majeure because it only affects profitability. Reprinted courtesy of Phillip L. Sampson Jr. & Richard F. Whiteley, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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