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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

    Plantation Florida Building Expert 10/ 10

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

    Plantation Florida Building Expert 10/ 10

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

    Plantation Florida Building Expert 10/ 10

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

    Plantation Florida Building Expert 10/ 10

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

    Plantation Florida Building Expert 10/ 10

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

    Plantation Florida Building Expert 10/ 10

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

    Plantation Florida Building Expert 10/ 10

    Building Expert News and Information
    For Plantation Florida

    South Carolina Supreme Court Asked Whether Attorney-Client Privilege Waived When Insurer Denies Bad Faith

    Benefits and Pitfalls of Partnerships Between Companies

    The Future for Tall Buildings Could Be Greener

    Statute of Limitations Bars Lender’s Subsequent Action to Quiet Title Against Junior Lienholder Mistakenly Omitted from Initial Judicial Foreclosure Action

    GAO Sustains Unsupported Past Performance Evaluation and Unequal Discussion Bid Protest

    A Court-Side Seat: Environmental Developments on the Ninth Circuit

    It’s a Bird, It’s a Plane . . . No, It’s a Drone. Long Awaited FAA Drone Regulations Finally Take Flight

    Massachusetts Court Holds Statute of Repose Bars Certain Asbestos-Related Construction Claims

    Insurer Must Defend Claims of Negligence and Private Nuisance

    School System Settles Design Defect Suit for $5.2Million

    Insured's Lack of Knowledge of Tenant's Growing Marijuana Means Coverage Afforded for Fire Loss

    Contractors and Force Majeure: Contractual Protection from Hurricanes and Severe Weather

    The Goldilocks Rule: Panel Rejects Proposed Insurer-Specific MDL Proceedings for Four Large Insurers, but Establishes MDL Proceeding for the Smallest

    Hammer & Hand’s Top Ten Predictions for US High Performance Building in 2014

    Colorado Senate Bill 13-052: The “Transit-Oriented Development Claims Act of 2013.”

    OSHA/VOSH Roundup

    Avoiding 'E-trouble' in Construction Litigation

    Million-Dollar U.S. Housing Loans Surge to Record Level

    Are COVID-19 Claims Covered by Builders Risk Insurance Policies?

    Texas contractual liability exclusion

    Will the Hidden Cracks in the Bay Bridge Cause Problems During an Earthquake?

    The Quiet War Between California’s Charter Cities and the State’s Prevailing Wage Law

    Condo Association Settles with Pulte Homes over Construction Defect Claims

    Type I Differing Site Conditions Claim is Not Easy to Prove

    White House Hopefuls Make Pitches to Construction Unions

    Recent Third Circuit OSHA Decision Sounds Alarm for Employers and Their Officers

    Court of Appeal Confirms Privette Doctrine as Applied to Passive Conduct of Property Owner

    CSLB Reminds California Public Works Contractors to Renew Their Public Works Registration

    Angelo Mozilo Speaks: No Regrets at Countrywide

    Colorado’s Federal District Court Finds Carriers Have Joint and Several Defense Duties

    Negligence Per Se Claim Based Upon Failure to Pay Benefits Fails

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    Fraud and Construction Contracts- Like Oil and Water?

    Proposition 65: OEHHA to Consider Adding and Delisting Certain Chemicals of Concern

    Plans Go High Tech

    Florida Decides Against Adopting Daubert

    Pennsylvania Supreme Court Denies Review of Pro-Policy Decision

    Insurance Policies Broadly Defining “Suits” May Prompt an Insurer’s Duty to Defend and Indemnify During the Chapter 558 Pre-Suit Notice Process

    Video: Contractors’ Update on New Regulations Governing Commercial Use of Drones

    The Moving Finish Line: Statutes of Limitation and Repose Are Not Always What They Seem

    Are We Headed for a Work Shortage?

    Illinois Court Addresses Coverage Owed For Subcontractor’s Defective Work

    Alert: AAA Construction Industry Rules Update

    Insurer Incorrectly Relies Upon "Your Work" Exclusion to Deny Coverage

    Philadelphia Voters to Consider Best Value Bid Procurment

    History of Defects Leads to Punitive Damages for Bankrupt Developer

    Tesla’s Solar Roof Pricing Is Cheap Enough to Catch Fire

    Scope of Alaska’s Dump Lien Statute Substantially Reduced For Natural Gas Contractors

    Cold Weather Causes Power Blackouts, Disruptions on Jobsites

    Subcontractor Entitled to Defense for Defective Work Causing Property Damage Beyond Its Scope of Work
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    The Plantation, 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 Plantation'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.

    Building Expert News & Info
    Plantation, Florida

    Rio Olympics Work Was a Mess and Then Something Curious Happened

    April 06, 2016 —
    In early 2014, a senior Olympic Committee official returned from a trip to Rio de Janeiro and declared Brazil’s preparations for the Summer Games to be the worst he’d ever seen. In the two years since, a crippling recession set in, dozens of construction executives were ensnared in a nationwide corruption scandal and the president has been pushed to the brink of impeachment. And the preparations? They’re basically fine now, actually. In what is emerging as a rare bright spot in a country buffeted by crisis on all sides, the organizing committee is saying that more than 95 percent of the venues are complete some four months ahead of the opening ceremony and, what’s more, data shows spending has largely remained under control. Reprinted courtesy of Bloomberg reporters Jonathan Levin, Tariq Pania and David Biller Read the court decision
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    Reprinted courtesy of

    South Carolina Couple Must Arbitrate Construction Defect Claim

    June 28, 2013 —
    The South Carolina Court of Appeals has rejected a claim by Sun City property owners that they were not bound by the arbitration clause in their purchase agreement. Roger and Mary Jo Carlson brought the claim against Del Webb Communities and Pulte Homes. About 140 homeowners are alleging problems in the community. According to the court, the Carlsons will have to go through arbitration with the companies over the alleged stucco defects to their home. Read the court decision
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    Reprinted courtesy of

    BIM Meets Reality on the Construction Site

    September 25, 2018 —
    BIM models are mostly used by foremen on construction sites. But what if they could be made available for workers at the press of a button? This question was what the Finnish government-funded KIRA pilot project set out to answer. As a by-product, the project also produced augmented reality (AR) solutions for construction sites. The research project was called ”Digitalization of a construction project based on role and location information” (RoPa). It was conducted by construction company Fira and engineering consultancy Sweco. Read the court decision
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    Reprinted courtesy of Aarni Heiskanen, AEC Business
    Mr. Heiskanen may be contacted at

    Not Just Another Client Alert about Cyber-Risk and Effective Cybersecurity Insurance Regulatory Guidance

    April 01, 2015 —
    The prefix "cyber" was coined about 70 years ago to describe early stage computers, computer networks and virtual reality. Since then, the term has been used as a prefix for hundreds of words, however, the most recent (and newsworthy) usage is its link to the word “risk” and the correlative term “security.” Two sides of the same coin and not a day goes by when a data breach is not reported and the importance of cyber risk and cybersecurity underscored. Insurers, like other financial institutions, are at the forefront of the “cyber-curve.” Many insurers are particularly vulnerable on at least two fronts: (1) from a cyber risk/ cyber invasion perspective and; (2) an insurer’s insurance policy exposure, intentional and not, to third-parties under cyber policies, and even policies such as CGLs that may inadvertently cover such risks. A number of federal and state regulators have spoken to this issue in an effort to address cyber risks with varying degrees of specificity. At last count, in addition to a myriad of existing and proposed state laws and regulations, there are at least nine federal Bills under consideration by Congress (covering six federal agencies including one new agency) that seek to impose regulatory requirements upon the cyber-arena. Those Bills empower six regulatory agencies; including one new agency. Initially, some states required companies to notify affected persons of a data breach. As breaches became more serious, state and federal regulators sought to increase the industry’s awareness of the potential exposures and provided instructions on appropriate steps to protect data from cyber invasions. Now, state insurance regulators are examining not only the threat of data theft, but the balance sheet impact of insurance exposures for underwriting such risks for third-parties’ under cyber risk policies. The regulatory efforts continue to multiply in an effort to stem some of these risks. Read the court decision
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    Reprinted courtesy of Robert Ansehl, White and Williams LLP
    Mr. Ansehl may be contacted at

    Housing Advocacy Group Moved to Dissolve New Jersey's Council on Affordable Housing

    November 05, 2014 —
    The New Jersey Law Journal reported that "[a]n affordable housing advocacy group in New Jersey is asking the state Supreme Court to remove from the administration of Gov. Chris Christie the authority to determine municipalities’ obligations for low- and moderate-income housing and to instead place that responsibility in the hands of trial judges." New Jersey's state constitution mandates affordable housing obligations (referred to as the Mount Laurel decisions). “It is no longer possible to trust that COAH can or will faithfully implement the Mount Laurel doctrine,” wrote the center’s associate director, Kevin Walsh, in the motion to enforce litigants’ rights, as quoted by the New Jersey Law Journal. “This should be the end; there should be no more extensions, no further last chances.” Municipalities are protected from being sued by developers, however, last year the court stated "that it would consider lifting that protection if COAH failed to adopt new regulations that passed constitutional muster," according to the New Jersey Law Journal. Read the court decision
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    Reprinted courtesy of

    Seattle Council May Take a New Look at Micro-Housing

    April 15, 2015 —
    According to the Puget Sound Business Journal, “there’s remorse at [Seattle, Washington’s] City Hall over last year’s controversial decision to make it more onerous and costly to build ultra-affordable micro-housing.” City Council President Tim Burgess stated that the council “may ‘very well’ take up the micro-housing issue again as it works with Mayor Ed Murray on a long-term program to develop more housing.” This comes after Murray “announced a goal of building and preserving 50,000 housing units over the next 10 years.” Read the court decision
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    Reprinted courtesy of

    Brief Discussion of Enforceability of Anti-Indemnity Statutes in California

    September 10, 2014 —
    California Civil Code Section 2782 has been amended numerous times over the last several years. Essentially, Anti-indemnity statutes may not be fully effective for contracts entered into before January 1, 2009. Some developers and general contractors attempted to comply with the new law, and changed the indemnity provisions of their contracts post January 1, 2006. The time bracket, or zone of danger if you will, is between 1/1/06 and 1/1/09—during those three years California Civil Code §2782 was amended several times. After 1/1/09 Type I indemnity is gone in a residential construction context. The 2005 amendment to Civil Code §2782 rendered residential construction contracts entered into after 1/1/06 containing a Type I indemnity provision in favor of builders unenforceable; The 2007 amendment added contractors not affiliated with the builder to the list of contracting parties who could not take advantage of a Type I indemnity provision; However, the 2008 amendment changed the effective date to 1/1/09, dropped any mention of 2006, and added GCs, other subs, their agents and servants, etc., to the list of possible contracting parties who could not take advantage of a Type I indemnity provision[.] Reprinted courtesy of William M. Kaufman, Lockhart Park LP Mr. Kaufman may be contacted at, and you may visit the firm's website at Read the court decision
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    Reprinted courtesy of

    The Buck Stops Over There: Have Indemnitors Become the Insurers of First and Last Resort?

    September 17, 2015 —
    Insurance and indemnity are the primary risk management strategies on construction projects. Insurance, such as commercial general liability insurance, insures against third party claims for bodily injury and property damage, and in the case of builder’s risk insurance, insures against first party claims during construction. Indemnity, on the other hand, shifts liability from one party to another and can be broader than the types of claims covered by insurance although anti-indemnity statutes can limit the breadth of those claims. Sometimes though insurance and indemnity work in ways you might never have expected, like in the next case, Valley Crest Landscape Development, Inc. v. Mission Pools of Escondido, Inc., Case No. G049060 (July 2, 2015), in which the California Court of Appeals for the Fourth District held a subcontractor liable in the face of both an indemnity claim brought by a general contractor as well as a subrogation claim brought by the general contractor’s insurance company. Read the court decision
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    Reprinted courtesy of Garret Murai, Wendel Rosen Black & Dean LLP
    Mr. Murai may be contacted at