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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

    Oakland Park Florida Building Expert 10/ 10

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

    Oakland Park Florida Building Expert 10/ 10

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

    Oakland Park Florida Building Expert 10/ 10

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

    Oakland Park Florida Building Expert 10/ 10

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

    Oakland Park Florida Building Expert 10/ 10

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

    Oakland Park Florida Building Expert 10/ 10

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

    Oakland Park Florida Building Expert 10/ 10


    Building Expert News and Information
    For Oakland Park Florida


    How Pennsylvania’s Supreme Court Decision Affects Coverage of Faulty Workmanship Claims

    Builder and County Tussle over Unfinished Homes

    South Carolina Contractors Regain General Liability Coverage

    Ruling Finds Builder and Owners at Fault in Construction Defect Case

    When is a Contract not a Contract?

    What Are The Most Commonly Claimed Issues In Construction Defect Litigation?

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    Pancakes Decision Survives Challenge Before Hawaii Appellate Court

    The Miller Act Explained

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    French Government Fines National Architects' Group $1.6M Over Fee-Fixing

    Record Home Sales in Sydney Add to Bubble Fear

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    Where Mechanic’s Liens and Contracts Collide

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    Collapse of Breezeway Attached to Building Covered

    Professional Liability Client Alert: Law Firms Should Consider Hiring Outside Counsel Before Suing Clients For Unpaid Fees

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    OAKLAND PARK FLORIDA BUILDING EXPERT
    DIRECTORY AND CAPABILITIES

    Leveraging from more than 5500 construction defect and claims related expert witness designations, the Oakland Park, Florida Building Expert Group provides a wide range of trial support and consulting services to Oakland Park's most acknowledged construction practice groups, CGL carriers, builders, owners, and public agencies. Drawing from a diverse pool of construction and design professionals, BHA is able to simultaneously analyze complex claims from the perspective of design, engineering, cost, or standard of care.

    Building Expert News & Info
    Oakland Park, Florida

    Indemnity Clauses—What do they mean, and what should you be looking for?

    May 07, 2015 —
    It seems that every construction contract now-a-days, contains an indemnity clause. Contractors should be reviewing these indemnity clauses very carefully to understand the potential scope of an indemnity obligation and your opportunity to negotiate changes. What is an indemnity Clause? An indemnity clause transfers risk from one party to another. When a contractor signs an indemnity agreement, it is agreeing to pay for damages for which another party could be liable. Read the court decision
    Read the full story...
    Reprinted courtesy of Craig Martin, Lamson, Dugan and Murray, LLP
    Mr. Martin may be contacted at cmartin@ldmlaw.com

    Want to Stay Up on Your Mechanic’s Lien Deadlines? Write a Letter or Two

    March 22, 2017 —
    90 days. 150 days. 6 months. 30 days. Do these numbers sound familiar? If you read Construction Law Musings regularly, they should be. These are various deadlines relating to the recording and enforcement of mechanic’s liens in Virginia. 90 days from your last work performed (or from the last date of the last month of work in the correct circumstances) sets the outside limit on when a construction company can record a lien on a construction project. 150 days is the “look back” period for what work’s value can be included in that lien. 6 months is the statute of limitations for the filing of an enforcement suit. Finally, 30 days amount of time after your start of work within which you, as a construction professional, must notify a mechanic’s lien agent of your presence on a residential project. Of course, there are always nuances to these rules that need to be taken into account, preferably with the help of your friendly neighborhood construction attorney, before deciding how to proceed in this very picky and “form over function” area of construction law. 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 chrisghill@constructionlawva.com

    A Primer on Insurance for Construction Projects

    November 30, 2020 —
    People who live in glass houses should have insurance (in addition to not throwing stones). So too should your construction project. The risks inherent on a construction project are many and varied, ranging from property damage to personal injury to pollution remediation costs, and wise contractors and project owners know that one of the best ways to mitigate these risks is through insurance. So, here’s a primer on what you need to know about insurance on construction projects. Commercial General Liability Insurance (CGL) What it Covers:
    • Property damage.
    • Bodily injury.
    • Personal and advertising injury (e.g., libel and slander).
    Read the court decision
    Read the full story...
    Reprinted courtesy of Garret Murai, Nomos LLP
    Mr. Murai may be contacted at gmurai@nomosllp.com

    Be Careful with Continuous Breach and Statute of Limitations

    January 21, 2019 —
    If you are a construction attorney like me (or anyone that takes cases to court), you deal with statutes of limitation on a daily basis. These statutes seem pretty simple. A party has “X” amount of time in which to file its lawsuit after accural of the cause of action. In a breach of contract suit, the accrual is the date of breach. Easy, right? Wrong, at least in some circumstances. Take for example, the case of Fluor Fed. Sols., LLC v. PAE Applied Techs., LLC out of the 4th Circuit Court of Appeals. In this unpublished opinion the Court looked at “continuous breach” versus “series of separate breaches.” The basic facts are that in 2000 Flour entered into a contract with PAE whereby PAE requested and claims to have received consent from Flour to a 2.3% administrative cost cap on Flour’s work on an Air Force contract. Flour claimed that it did not agree to this cap. In 2002, Flour begain billing PAE for its costs plus the 2.3% administrative markup and billed in this fashion for the first full year. However, in subsequent years and for the next 11 years, Flour billed PAE at a higher markup rate than the 2.3%. PAE disputed the increased markup and paid Flour at the 2.3% rate. Flour periodically protested but made no move to court until it filed suit in March of 2016. After a bench trial, the district court found that Flour had agreed to the cap and found for PAE. Read the court decision
    Read the full story...
    Reprinted courtesy of The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at chrisghill@constructionlawva.com

    Construction Defect Leads to Death, Jury Awards $39 Million

    November 27, 2013 —
    A failure in the installation of a 13-ton concrete panel in Milwaukee County lead to the death of a 15-year-old boy in 201; two others were also injured. A lawsuit over this has concluded with the contractor, Advance Cast Stone, found culpable due to their concealing that the panel was not installed as prescribed. The incident happened at a parking garage operated by the county. Advanced Cast Stone made the claim that the method they used to secure the panel had been approved by other in the project. The jury awarded $6.3 million to the estate of Jared Kellner, $1.5 million each to the young man who was injured, Eric Wosniki, and his parents. The county was also awarded $6 million for lost revenue in the parking garage and for repairs. Read the court decision
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    Reprinted courtesy of

    When is Construction Put to Its “Intended Use”?

    July 31, 2013 —
    Defining words and phrases in the law can be a tricky proposition. In everyday life one would presume to know what the phrase “intended use” would mean, but when it comes to litigation, oftentimes the definitions become much more nuanced. On March 12, 2013, in the Bituminous Cas. Corp. v. Hartford Cas. Ins. Co. v. Canal Ins. Co., WL 950800 (D. Colo. 2013) case, Senior District Court Judge Wiley Y. Daniel denied Third-Party Defendant Canal Insurance Company’s (“Canal”) motion to dismiss Third-Party Plaintiff Hartford Casualty Insurance Company’s (“Hartford”) third-party complaint. The case arose out of a liability insurance coverage dispute related to an underlying construction defect lawsuit. In the construction defect suit, a plaintiff homeowner’s association brought a suit against a developer and a general contractor (“GC”) among others. While the underlying action was settled, a dispute remained between Bituminous Casualty Corporation, which insured the GC, and Hartford, which insured the developer. Hartford asserted third-party claims against Canal seeking a declaration of Canal’s obligations and contribution in the event Hartford owed any defense or indemnity obligations to the GC. Hartford’s claims are based on the premise that Canal owed a duty to defend and/or indemnify the GC in the underlying action. Read the court decision
    Read the full story...
    Reprinted courtesy of Brady Iandiorio
    Brady Iandiorio can be contacted at Iandiorio@hhmrlaw.com

    The Future for Tall Buildings Could Be Greener

    October 01, 2013 —
    Skidmore, Owens and Merrill made its reputation by creating iconic structures of steel, concrete, and glass, but in a new report, the firm puts forth ways in which the first item would be wood. Building codes in many cities stipulate that buildings taller than four stories be built of steel and concrete, but the firm says that it has come up with a way of building structures of 30 stories or more using wood. The tallest wood-framed building currently is only ten stories tall. In order to calculate a comparison, Skidmore, Owens and Merrill designed a forty-two story building based on the design of an existing apartment building. Actually building it would require almost 4 million board-feet of wood. Unlike a typical single-family home (and its 20,000 board-feet of wood), these building would use glue-laminated timber and slabs. The study found that the building would weigh less than half as much, allowing a less massive foundation. If the wood came from sustainable sources, its environmental impact would be drastically reduced. They calculated that instead of 9,500 tons of CO2 emissions for the conventional tower, the wood structure would be responsible for only 2,100 tons of emissions. Skyscrapers will continue to be a feature of large cities. But instead of urban canyons of steel and concrete, in the future those towering buildings might be made of wood. Read the court decision
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    Reprinted courtesy of

    Oregon Condo Owners Make Construction Defect Claim

    January 13, 2014 —
    Residents of two condominiums in Florence, Oregon have filed suits alleging that construction defects have led to water intrusion and damage. The two condominium projects were built by separate developers. Each association has brought its own lawsuit, according to an article in the Register-Guard. The Bridgeport Landing condominium owners have sued CJ Cable LLC for $2.5 million. Cindy Cable said of lawsuit, “I’ve done everything I could do to get this resolved, and I still get sued.” She said that “the only way to get it corrected is with a lawsuit.” Meanwhile, residents of the Stillwater Condominiums have sued Thomas Hornback Construction for $2.1 million. Hornback is reported to have denied the allegations made by the Stillwater owners, but says that any problems would be due to subcontractors or failure of the owners to maintain the buildings. Read the court decision
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    Reprinted courtesy of