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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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    Home Builders & CA of Brevard
    Local # 1012
    1500 W Eau Gallie Blvd Ste A
    Melbourne, FL 32935

    Zephyrhills Florida Building Expert 10/ 10

    Polk County Builders Association
    Local # 1028
    2232 Heritage Dr
    Lakeland, FL 33801

    Zephyrhills Florida Building Expert 10/ 10

    Hernando Bldrs Assoc
    Local # 1010
    7391 Sunshine Grove Rd
    Brooksville, FL 34613

    Zephyrhills Florida Building Expert 10/ 10

    Tampa Bay Builders Association
    Local # 1036
    11242 Winthrop Main St
    Riverview, FL 33578

    Zephyrhills Florida Building Expert 10/ 10

    Home Builders Association of Metro Orlando
    Local # 1040
    544 Mayo Ave
    Maitland, FL 32751

    Zephyrhills Florida Building Expert 10/ 10

    Home Builders Association of Lake County
    Local # 1026
    1100 N Joanna Ave
    Tavares, FL 32778

    Zephyrhills Florida Building Expert 10/ 10

    Citrus Cty Bldr Assn
    Local # 1006
    1196 S Lecanto Hwy
    Lecanto, FL 34461

    Zephyrhills Florida Building Expert 10/ 10


    Building Expert News and Information
    For Zephyrhills Florida


    No Duty to Defend Additional Insured for Construction Defects

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    ZEPHYRHILLS FLORIDA BUILDING EXPERT
    DIRECTORY AND CAPABILITIES

    The Zephyrhills, 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. Leveraging from this considerable body of experience, BHA provides construction related trial support and expert services to Zephyrhills' 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
    Zephyrhills, Florida

    MBIA Seeks Data in $1 Billion Credit Suisse Mortgage Suit

    June 26, 2014 —
    MBIA Inc. (MBI) asked a judge to order Credit Suisse Group AG (CSGN) to turn over internal records that the bond insurer says bolster its contention the bank lied about how it processed loans packaged into mortgage-backed securities. MBIA said in a court filing today that Credit Suisse has withheld evidence about how the bank’s actual practices diverged from its representations -- including documents identified as exhibits in other lawsuits based on the same allegations. The bond insurer asked Justice Shirley Werner Kornreich in New York State Supreme Court in Manhattan to force the bank to search documents and e-mails on its policies and practices including those related to loan underwriting and origination, due diligence and post-acquisition quality-control review. Mr. Dolmetsch may be contacted at cdolmetsch@bloomberg.net; Ms. Shenn may be contacted at jshenn@bloomberg.net Read the court decision
    Read the full story...
    Reprinted courtesy of Chris Dolmetsch and Jody Shenn, Bloomberg

    Appeals Court Reverses Summary Judgment over Defective Archway Construction

    February 10, 2012 —

    A judge has ruled that a plaintiff can go forward with her suit that she was injured by a defective archway during a birthday party. A three-judge panel of the California Court of Appeals issued this ruling on January 23, 2012, in the case of Trujillo v. Cosio.

    Ms. Trujillo attended a birthday party at the home of Maria Cosio and Joel Verduzco. A piñata was hung between a tree and a brick archway. Ms. Trujillo went to get candy that had fallen from the piñata, during which the archway fell on her hand. Subsequent examination of the archway showed that it had not been “properly anchored to the supporting pillars to protect the arch from falling.”

    Ms. Cosio and Mr. Verduzco argued that they could not have been aware of the defective nature of the archway’s construction, as it had been built at the request of the prior property owner. The structure was constructed without building permits. Mark Burns, a civil engineer testifying for the plaintiff, said that “a reasonable property owner would have thoroughly tested the archway to ensure it was capable of withstanding such horizontal forces before allowing children to enter into the area.” Mr. Burns noted that twenty rope pulls would have been sufficient to demonstrate the structure’s instability.

    The trial court rejected Mr. Burn’s statements, finding that the respondents did not have any knowledge of the defect and that a visual inspection should have sufficed. The court noted that this a triable issue, whether visual inspection suffices, or whether the property owners should have done as Mr. Burns suggested and yank a rope twenty times. The court noted that “although a jury may ultimately disagree with Burn’s opinion, it was supported by sufficient foundation and was not speculative.”

    The opinion was written by Judge Flier, with Judges Rubin and Grimes concurring.

    Read the court’s decison…

    Read the court decision
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    Reprinted courtesy of

    “I Didn’t Sign That!” – Applicability of Waivers of Subrogation to Non-Signatory Third Parties

    September 30, 2019 —
    In Gables Construction v. Red Coats, 2019 Md. App. LEXIS 419, Maryland’s Court of Special Appeals considered whether a contractual waiver of subrogation in the prime contract for a construction project barred a third party – a fire watch vendor hired to guard the worksite – from pursuing a contribution claim against the general contractor. The court concluded that the general contractor could not rely on the waiver of subrogation clause to defeat the contribution claim of the vendor, who was not a party to the prime contract. As noted by the court, holding that a waiver of subrogation clause bars the contribution claims of an entity that was not a party to the contract would violate the intent of the Maryland Uniform Contribution Among Tortfeasors Act (UCATA). When dealing with claims involving construction projects, there may exist multiple contracts between various parties that contain waivers of subrogation. The enforceability of such waivers can be limited by several factors, including the jurisdiction of the loss, the language of the waiver and the parties to the contract. In Gables Construction, Upper Rock, Inc. (Upper Rock), the owner, contracted with a general contractor, Gables Construction (GCI) (hereinafter referred to as the “prime contract”), to construct an apartment complex. After someone stole a bobcat tractor from the jobsite, Gables Residential Services Incorporated (GRSI), GCI’s parent company, signed a vendor services agreement (VSA) with Red Coats to provide a fire watch and other security services for the project. Read the court decision
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    Reprinted courtesy of Rahul Gogineni, White and Williams LLP
    Mr. Gogineni may be contacted at goginenir@whiteandwilliams.com

    Potential Problems with Cases Involving One Owner and Multiple Contractors

    January 27, 2014 —
    According to Matthew Devries’ blog, Best Practices Construction Law, problems can arise in a case with one owner and multiple contractors: “Increasingly, two or more contractors may each have a separate contract with the owner for different portions of the work on a single project.” The problems occur when contractor responsibilities or storage sites become entangled, “for example, from one contractor’s storage of materials on a site where the other has work to perform, or from one contractor’s failure to progress with work that is preliminary to the other’s work.” Devries adds that in “addition to claims against the other contractor, claims may also be made against the owner for failure to coordinate the work.” Read the court decision
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    Reprinted courtesy of

    The Road to Rio 2016: Zika, Super Bacteria, and Construction Delays. Sounds Like Everything is Going as Planned

    July 28, 2016 —
    Athletes began to arrive at the Olympic Village in Rio de Janeiro on Sunday in anticipation of the 2016 Summer Olympics which begin on August 5th. Perhaps the most closely watched event, however, has already begun; and it has no medals. And that is whether Brazil can successfully pull off the Olympics at all. For a city known for its Carnival the months leading up to the Olympics have been just as crazy and chaotic as the days leading up to Mardi Gras. There’s the Zika virus, the discovery of a “super” bacteria, the impeachment of its President, and Brazil’s worst recession in 100 years. And that’s just a partial list. And then, of course, there’s the construction. Cities bidding to host the Olympics often cite revenue from tourism and long-term capital improvements which will benefit its populace long after the games have ended as economic justification for hosting the Olympics. However, the cost to host the Olympics is often underestimated and Rio is no exception, running an estimated $6 billion over budget. Read the court decision
    Read the full story...
    Reprinted courtesy of Garret Murai, Wendel Rosen Black & Dean LLP
    Mr. Murai may be contacted at gmurai@wendel.com

    Illinois Attorney General Warns of Home Repair Scams

    November 27, 2013 —
    After storms damaged homes in Illinois, Lisa Madigan, the state’s Attorney General, warned consumers “to be cautious and on alert for scammers trying to take advantage of people in need of assistance.” Ms. Madigan noted that home repair scammers go into areas with storm damage convince homeowners to pay more than they should to repair storm damage. Read the court decision
    Read the full story...
    Reprinted courtesy of

    SCOTUS Opens Up Federal Courts to Land Owners

    July 15, 2019 —
    For nearly 36 years, the United States Supreme Court’s decision in Williamson County Regional Planning Commission v. Hamilton Bank of Johnson City, 473 U.S. 172, 105 S.Ct. 3108, 87 L.Ed.2d 126 (1985) severely frustrated, if not all but foreclosed, a property owner’s right to bring a claim in federal court based on a regulatory taking. Under the Fifth Amendment, a property owner whose land has been “taken” by the government is entitled to just compensation. There are two types of takings direct or “inverse” or regulatory takings. A direct taking is where the government declares that it needs your land for public use and offers to pay you compensation. You might disagree with the amount offered – and that often is the case. But, a mechanism exists whereby a neutral third party – a condemnation board – will arrive at the compensation that is owed. On the other hand, an inverse condemnation or regulatory taking occurs when the government takes some action that restricts the use of the land in such a way as to severely impact it beneficial economic use. For example, if you own a strip of commercial property and intend to develop it and then the municipality comes along and suddenly changes the zoning classification of the parcel such that you can no longer develop it in a beneficial way, then you might have a regulatory takings case. Under the Court’s Williamson County decision, property owners falling within the later category were required to exhaust state remedies before proceeding to federal court under a claim that their Fifth Amendment rights were violated. The problem with this is that, as the Supreme Court explained, it creates a Catch-22. If property owners exhaust their state remedies and the state remedies result in an unfavorable outcome, the federal court is powerless to overturn that decision under the doctrines of res judicata and the full faith and credit clause of the Constitution. Well, yesterday, the Court overturned Williamson County, in Knick v. Township of Scott, 588 U.S. _____ (2019). There the Court held unequivocally a “property owner has suffered a violation of his Fifth Amendment rights when the government takes his property without just compensation, and therefore may bring his claim in federal court under Section 1983 at that time.” Read the court decision
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    Reprinted courtesy of Wally Zimolong, Zimolong LLC
    Mr. Zimolong may be contacted at wally@zimolonglaw.com

    Wes Payne Receives Defense Attorney of the Year Award

    September 30, 2019 —
    Wes Payne was recognized by the Pennsylvania Defense Institute (PDI) as the Defense Attorney of the Year. The award was given at PDI’s Annual Conference held in Bedford Springs, PA on July 11th. The annual award honors an attorney that “best exemplifies the qualities of professionalism, dedication to the practice of law, promotion of the highest ideals of justice in the community, and has a demonstrated commitment to PDI and its members.” Wes has over 30 years of experience representing insurance carriers and insureds in first and third-party litigation matters. He is Chair of the firm's Diversity Committee, Co-Chair of the Pro Bono Committee and Chair of the firm's Homeless Advocacy Group. He also serves on several pro bono and civil boards and is active in several legal organizations, holding leadership positions with many of them. Read the court decision
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    Reprinted courtesy of Wesley Payne, IV, White and Williams LLP
    Mr. Payne may be contacted at paynew@whiteandwilliams.com