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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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    Association Directory
    Builders Association of South FL
    Local # 1032
    15225 NW 77th Ave
    Miami Lakes, FL 33014

    Pembroke Pines Florida Building Expert 10/ 10

    Collier Building Industry Association
    Local # 1005
    3200 Bailey Lane Ste 110
    Naples, FL 34105

    Pembroke Pines Florida Building Expert 10/ 10

    Lee Building Industry Association
    Local # 1016
    10501 SIX MILE CYPRESS PKWY Ste 104
    Fort Myers, FL 33966

    Pembroke Pines Florida Building Expert 10/ 10

    Gold Coast Builders Association
    Local # 1025
    2617 North Australian Ave
    West Palm Beach, FL 33407

    Pembroke Pines Florida Building Expert 10/ 10

    Charlotte-DeSoto Building Industry Association
    Local # 1002
    17984 Toledo Blade Blvd
    Port Charlotte, FL 33948

    Pembroke Pines Florida Building Expert 10/ 10

    Treasure Coast Builders Association
    Local # 1030
    6560 South Federal Highway
    Port Saint Lucie, FL 34952

    Pembroke Pines Florida Building Expert 10/ 10

    Home Builders Association of Manatee - Sarasota County
    Local # 1041
    8131 Lakewood Main St Ste 207
    Lakewood Ranch, FL 34202

    Pembroke Pines Florida Building Expert 10/ 10

    Building Expert News and Information
    For Pembroke Pines Florida

    No Duty To Defend Additional Insured When Bodily Injury Not Caused by Insured

    Ben L. Aderholt Joins Coats Rose Construction Litigation Group

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    The Pembroke Pines, 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 Pembroke Pines' 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
    Pembroke Pines, Florida

    OSHA Launches Program to Combat Trenching Accidents

    October 16, 2018 —
    In the wake of a recent rise in fatal trenching cave-ins, the federal Occupational Safety and Health Administration has begun a targeted education and enforcement program to try to reverse the trend. Read the court decision
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    Reprinted courtesy of Tom Ichniowski, ENR
    Mr. Ichniowski may be contacted at

    Alleged Defective Water Pump Leads to 900K in Damages

    January 13, 2014 —
    A lawsuit filed by Liberty Mutual on behalf of their client, Turner Construction, alleges that defects in the installation of a water pump lead to $900,000 in costs for a building in New Jersey. They are seeking compensation from Triangle Plumbing. Law360 quotes the complaint, which states “as a result of Triangle’s failure to provide a complete, functional plumbing system at the property as required by the subcontract agreement, Triangle has breached the specific scope of work provision of the subcontract agreement.” Read the court decision
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    Reprinted courtesy of

    San Francisco Sues Over Sinking Millennium Tower

    November 17, 2016 —
    Dennis Herrera, San Francisco’s city attorney, filed a lawsuit against the developer of the Millennium Tower, “for failing to inform buyers that it was sinking ‘much faster than expected,’” reported the New York Times. Mission Street Development sold more than 400 units in the skyscraper. “They went ahead and sold condominiums for a handsome profit without telling the buyers about the situation,” Mr. Herrera told the New York Times. “This is every homeowner’s worst nightmare.” The spokesman for the development, P.J. Johnson, stated that “the allegations by the city attorney had ‘no merit,’ and that the “building had sunk within ‘predicted, safe ranges’ during the entire sales process,” according to the New York Times. Furthermore, Johnson asserted that the problem derived from the nearby railroad station removing water from the ground, which “had caused the building to ‘settle beyond the 12 inches it was predicted to settle.’” Read the court decision
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    Reprinted courtesy of

    The Families First Coronavirus Response Act: What Every Employer Should Know

    April 06, 2020 —
    Smith Currie provides this update regarding the Families First Coronavirus Response Act as part of its continuing effort to monitor developments concerning the Coronavirus disease (“COVID-19”) and provide guidance as to potential issues that may arise in businesses across the United States. On March 18, 2020, President Trump signed into law the Families First Coronavirus Response Act (the “Act”), which contains provisions requiring certain private employers to provide paid leave to employees who cannot work because of Coronavirus, expanding Family and Medical Leave Act coverage, providing for federal tax credits to affected employers, and providing eligible states the ability to further fund their unemployment trust fund accounts. The Act is effective as of April 2, 2020 and will remain in place through December 31, 2020. Below, we provide a summary of the Act and several of its key components, including the Emergency Family and Medical Leave Expansion Act (“EFMLEA”), the Emergency Paid Sick Leave Act, and the Emergency Unemployment Insurance Stabilization and Access Act. Reprinted courtesy of Smith Currie attorneys Donald A. Velez, Karissa L. Fox and Sarah K. Carpenter Mr. Velez may be contacted at Ms. Fox may be contacted at Ms. Carpenter may be contacted at Read the court decision
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    Pennsylvania Modernizes State Building Code

    October 30, 2018 —
    The Pennsylvania Independent Regulatory Review Commission has updated the state’s Uniform Construction Code to align with the 2015 International Code —a family of comprehensive and coordinated building codes used in all 50 states that are updated regularly and take into account the latest health and safety technology and building science advancements. Reprinted courtesy of Joanna Masterson, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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    Reprinted courtesy of

    New York Labor Laws and Action Over Exclusions

    February 01, 2021 —
    One of the most important methods for shifting risk in the construction context is insurance coverage. Upstream parties such as owner/developers and general contractors typically require that their downstream subcontractors who perform work on their properties or projects bring specific insurance to the table. These insurance requirements have a twofold purpose: protect the upstream parties, through additional insured coverage, from liabilities caused by the subcontractor; and protect the downstream parties by ensuring that they have adequate insurance for their own potential liabilities. In New York, subcontractor insurance coverage can have some surprising terms which frustrate risk transfer. Numerous policies contain “Action Over” exclusions, which bar coverage for one of the most significant exposures faced by owner-developers and general contractors: bodily injury lawsuits brought by subcontractor employees. It is critical that upstream parties understand the unique impact of New York’s labor laws on the insurance market and be prepared to identify and request removal of Action Over exclusions on subcontractor insurance policies. Reprinted courtesy of Theresa A. Guertin, Saxe Doernberger & Vita, P.C. and Ashley McWilliams, Saxe Doernberger & Vita, P.C. Ms. Guertin may be contacted at Ms. McWilliams may be contacted at Read the court decision
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    ‘I’m a Scapegoat,’ Says Former CEO of Dubai Construction Firm

    September 30, 2019 —
    The former chief executive officer of Drake & Scull International PJSC said the company’s accusations of financial violations against him are an attempt to find a “scapegoat” for rising losses. Khaldoun Tabari said the Dubai-based contractor has filed 15 complaints against him to the public prosecutor last year. He said the allegations prompted authorities in the United Arab Emirates to order banks to freeze his bank accounts in June 2018. He denies any wrongdoing. Read the court decision
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    Reprinted courtesy of Layan Odeh & Zainab Fattah, Bloomberg

    Ensuing Losses From Faulty Workmanship Must be Covered

    May 10, 2012 —

    Coverage for damages resulting from faulty workmanship in the construction of an apartment complex was at issue in The Bartram, LLC v. Landmark Am. Ins. Co., 2012 U.S. Dist. LEXIS 44535 (N.D. Fla. March 30, 2012).

    The owner of the apartments, Bartram, had primary coverage and three layers of excess coverage. Each contract excluded loss from faulty workmanship. The policies provided, however, "if loss or damage by a Covered Cause of Loss results, we will pay for that resulting loss or damage."

    Bartram contended water intrusion occurred because of faulty workmanship, which caused damage to the buildings’ exterior and interior finishes, wood sheathing, framing, balcony systems, drywall ceilings and stucco walls. This damage was separate from the work needed to simply fix the faulty workmanship. Therefore, Bartram argued, the ensuing losses that resulted from the water intrusion was covered.

    The insurer argued the ensuing loss exception was not applicable if the ensuing loss was directly related to the original excluded loss.

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    Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii. Mr. Eyerly can be contacted at

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