BERT HOWE
  • Nationwide: (800) 482-1822    
    casino resort expert witness Bascom Florida office building expert witness Bascom Florida Subterranean parking expert witness Bascom Florida condominium expert witness Bascom Florida low-income housing expert witness Bascom Florida hospital construction expert witness Bascom Florida production housing expert witness Bascom Florida concrete tilt-up expert witness Bascom Florida housing expert witness Bascom Florida institutional building expert witness Bascom Florida parking structure expert witness Bascom Florida retail construction expert witness Bascom Florida structural steel construction expert witness Bascom Florida condominiums expert witness Bascom Florida tract home expert witness Bascom Florida Medical building expert witness Bascom Florida townhome construction expert witness Bascom Florida industrial building expert witness Bascom Florida multi family housing expert witness Bascom Florida mid-rise construction expert witness Bascom Florida custom home expert witness Bascom Florida custom homes expert witness Bascom Florida
    Bascom Florida construction project management expert witnessBascom Florida ada design expert witnessBascom Florida concrete expert witnessBascom Florida OSHA expert witness constructionBascom Florida building expertBascom Florida roofing and waterproofing expert witnessBascom Florida construction defect expert witness
    Arrange No Cost Consultation
    Expert Witness Engineer Builders Information
    Bascom, 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.


    Expert Witness Engineer Contractors Licensing
    Guidelines Bascom Florida

    Commercial and Residential Contractors License Required.


    Expert Witness Engineer Contractors Building Industry
    Association Directory
    Tri-County Home Builders
    Local # 1073
    PO Box 420
    Marianna, FL 32447

    Bascom Florida Expert Witness Engineer 10/ 10

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

    Bascom Florida Expert Witness Engineer 10/ 10

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

    Bascom Florida Expert Witness Engineer 10/ 10

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

    Bascom Florida Expert Witness Engineer 10/ 10

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

    Bascom Florida Expert Witness Engineer 10/ 10

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

    Bascom Florida Expert Witness Engineer 10/ 10

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

    Bascom Florida Expert Witness Engineer 10/ 10


    Expert Witness Engineer News and Information
    For Bascom Florida


    Terms of Your Teaming Agreement Matter

    Structural Defects in Thousands of Bridges in America

    Steps to Curb Construction Defect Actions for Homebuilders

    Illinois Court Addresses Coverage Owed For Subcontractor’s Defective Work

    City and Contractor Disclaim Responsibility for Construction Error that Lead to Blast

    Antitrust Walker Process Claims Not Covered Under Personal Injury Coverage for Malicious Prosecution

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

    Senate’s Fannie Mae Wind-Down Plan Faces High Hurdles

    Business Interruption Claim Upheld

    Wendel Rosen’s Construction Practice Group Receives First Tier Ranking

    COVID-19 Impacts on Subcontractor Default Insurance and Ripple Effects

    Illinois Court Addresses Rip-And-Tear Coverage And Existence Of An “Occurrence” In Defective Product Suit

    Insurer’s Attempt to Shift Cost of Defense to Another Insurer Found Void as to Public Policy

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

    Attorneys' Fees Awarded "Because Of" Property Damage Are Covered by Policy

    Contract Provisions That Help Manage Risk on Long-Term Projects

    Texas Condo Construction Defect Code Amended

    Fraud, the VCPA and Construction Contracts

    Georgia Update: Automatic Renewals in Consumer Service Contracts

    Vertical vs. Horizontal Exhaustion – California Supreme Court Issues Ruling Favorable to Policyholders

    A Survey of Trends and Perspectives in Construction Defect Decisions

    Another Colorado City Passes Construction Defects Ordinance

    Hawaii Supreme Court Finds Subcontractor Has No Duty to Defend Under Indemnity Provision

    Ohio: Are Construction Defects Covered in Insurance Policies?

    KONE is Shaking Up the Industry with BIM

    Crane Dangles and So Do Insurance Questions

    Nevada’s Home Building Industry can Breathe Easier: No Action on SB250 Leaves Current Attorney’s Fees Provision Intact

    Specific Performance of an Option Contract to Purchase Real Property is Barred Absent Agreement on All Material Terms

    GIS and BIM Integration Will Transform Infrastructure Design and Construction

    Alert: AAA Construction Industry Rules Update

    Construction Companies Must Prepare for a Surge of Third-Party Contractors

    Wisconsin Court of Appeals Holds Economic Loss Doctrine Applies to Damage to Other Property If It Was a Foreseeable Result of Disappointed Contractual Expectations

    Where There's Smoke...California's New Emergency Wildfire Smoke Protection Regulation And What Employers Are Required To Do

    National Demand Increases for Apartments, Refuting Calls for Construction Defect Immunity in Colorado

    Court Says No to Additional Lawyer in Las Vegas Fraud Case

    California Trial Court Clarifies Application of SB800 Roofing Standards and Expert’s Opinions

    Study May Come Too Late for Construction Defect Bill

    Manhattan Luxury Condos Sit on Market While Foreign Buyers Wait

    Architect Responds to Defect Lawsuit over Defects at Texas Courthouse

    2018 Super Bowl US. Bank Stadium in Minneapolis

    Justice Didn’t Ensure Mortgage Fraud Was Priority, IG Says

    Toll Brothers to Acquire Shapell for $1.6 Billion

    Skyline Bling: A $430 Million Hairpin Tower and Other Naked Bids for Tourism

    Is Construction Defect Litigation a Cause for Lack of Condos in Minneapolis?

    EPA Rejects Most of N.Y.’s $511 Million Tappan Zee Loan

    Lessee Deemed Statutory Employer, Immune from Tort Liability by Pennsylvania Court

    Landlord Duties of Repair and Covenant of Quiet Enjoyment

    Home Buyers will Pay More for Solar

    Quick Note: Third-Party Can Bring Common Law Bad Faith Claim

    Collapse of Underground Storage Cave Not Covered
    Corporate Profile

    BASCOM FLORIDA EXPERT WITNESS ENGINEER
    DIRECTORY AND CAPABILITIES

    The Bascom, Florida Expert Witness Engineer Group at BHA, leverages from the experience gained through more than 7,000 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 Bascom'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.

    Expert Witness Engineer News & Info
    Bascom, Florida

    Leonard Fadeeff v. State Farm General Insurance Company

    September 21, 2020 —
    In Fadeeff v. State Farm Gen. Ins. Co., 50 Cal.App.5th 94 (May 22, 2020), the California Court of Appeal reversed the entry of summary judgment in favor of State Farm General Insurance Company (“State Farm”) in connection with a smoke and soot damage claim made by Leonard and Patricia Fadeeff (the “Fadeeffs”) for damage sustained by their home due to the 2015 Valley Fire. The parties’ dispute arose out of the Valley Fire, which took place in Lake County, California. The Fadeeffs’ home was located in Hidden Valley Lake. The Fadeeffs submitted a claim to State Farm under their homeowners policy. Initially, after an adjuster inspected the home and noted that it was “well maintained” with no apparent maintenance issues, State Farm made a series of payments and arranged for ServPro to clean the smoke and soot damage. Subsequently, the Fadeeffs retained an independent adjuster and submitted a supplemental claim in the amount of $75,000. State Farm retained a different unlicensed adjuster to investigate the claim and retained expert, Forensic Analytical Consulting Services (FACS) to inspect the Fadeeffs’ home, and another company referred to as HVACi, to inspect the Fadeeffs’ HVAC system. The independent adjuster used to investigate the Fadeeffs’ supplemental claim failed to follow company guidelines in connection with using experts, which required specific questions to be addressed by the expert. In addition, FACS only took surface samples of the walls in the Fadeeffs’ home. Ultimately, the reports prepared by FACS and HVACi concluded that no additional work was required to remediate the damage sustained by the Fadeeffs’ home. Thereafter, State Farm denied the Fadeeffs’ supplemental claim. Read the court decision
    Read the full story...
    Reprinted courtesy of Michael Velladao, Lewis Brisbois
    Mr. Velladao may be contacted at Michael.Velladao@lewisbrisbois.com

    What Makes Building Ventilation Good Enough to Withstand a Pandemic?

    January 11, 2021 —
    In October, students at the University of Illinois, Urbana-Champaign, held an intimate jazz concert at a bar downtown, with an audience of about 20 peers and faculty members — all of whom held digital passes indicating they’d recently tested negative for Covid-19. Two jazz ensembles performed, sometimes with masks and coverings for their instruments, and other times without. Behind the scenes, mechanical engineering professor Ty Newell tinkered with the airflow, turning the exhaust and recirculation fans on and off at different points during the night. His students monitored for changes in the air quality, using a special instrument to measure the concentrations of carbon dioxide and fine particulate matter, both key to determining if a building is well ventilated. The experiment sought to highlight the significance of proper ventilation, something that Newell said hadn’t been paid enough attention, until now. As evidence suggesting Covid-19 can spread through aerosol transmission continues to mount, health experts are focused less on sanitizing surfaces and more on improving indoor air quality. In December, the U.S. Centers for Disease Control and Prevention finally put out its ventilation recommendations to combat Covid-19, based on standards set by ASHRAE, or the American Society of Heating, Refrigerating and Air-Conditioning Engineers. Read the court decision
    Read the full story...
    Reprinted courtesy of Linda Poon, Bloomberg

    The Pandemic, Proposed Federal Privacy Regulation and the CCPA

    November 02, 2020 —
    The U.S. Senate Committee on Commerce, Science and Transportation met recently to discuss considerations for implementing federal privacy laws. Not surprisingly, the main impetus to reevaluate a federal framework is the ongoing COVID-19 pandemic with the greatly increased reliance on online working and school arrangements, as well as the need to share personal information for contact tracing and other efforts to weaken the pandemic. While federal regulation of personal information has been proposed in the past, there are a few key issues that still remain unresolved. One is enforcement of the regulations. The issue is whether enforcement should be handled by the Federal Trade Commission or if the establishment of a new federal authority is needed to enforce privacy requirement violations. Other key outstanding issues include pre-emption of state rights and whether any regulations should include a private right of action. Given that the California Consumer Privacy Act of 2018 (CCPA) is the most stringent state regulation addressing data privacy in the United States, California Attorney General Xavier Becerra participated as a witness in the recent Senate Hearing. He shared his opinions as to both federal pre-emption and the need for a private right of action. He recommended that the committee preclude federal regulation from pre-empting state laws, including the CCPA. He noted that individual states are in a better position to adapt and keep up with technological innovation, and that some states have also already implemented thorough privacy protections, such as Mississippi and Washington. With respect to the private right of action, he admitted his office can only do so much to enforce these regulations amongst California’s huge population of businesses and residents. His belief is that individual consumers need the ability to pursue their own remedies in court. Read the court decision
    Read the full story...
    Reprinted courtesy of Heather Whitehead, Newmeyer Dillion
    Ms. Whitehead may be contacted at heather.whitehead@ndlf.com

    Contractor’s Burden When It Comes to Delay

    October 26, 2020 —
    When a contractor is challenging the assessment of liquidated damages, or arguing that it is entitled to extended general conditions, the contractor bears a burden of proof to establish there were excusable delays that impacted the critical path and, in certain scenarios, the delays were not concurrent with contractor-caused delay:
    When delays are excusable, a contractor is entitled to a time extension, such that the government may not assess liquidated damages for those delays. The government bears the initial burden of proving that the contractor failed to meet the contract completion date, and that the period of time for which the government assessed liquidated damages was correct. If the government makes such a showing, the burden shifts to the contractor to show that its failure to timely complete the work was excusable. To show an excusable delay, a contractor must show that the delay resulted from “unforeseeable causes beyond the control and without the fault or negligence of the Contractor.” “In addition, the unforeseeable cause must delay the overall contract completion; i.e., it must affect the critical path of performance.” Further, the contractor must show that there was no concurrent delay.
    Ken Laster Co., ASBCA No. 61292, 2020 WL 5270322 (ASBCA 2020) (internal citations omitted). Read the court decision
    Read the full story...
    Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
    Mr. Adelstein may be contacted at dma@kirwinnorris.com

    Todd Seelman Recognized as Fellow of Wisconsin Law Foundation

    February 15, 2021 —
    Denver Managing Partner Todd R. Seelman has been recognized as a Fellow of the Wisconsin Law Foundation, joining a select group of attorneys who comprise no more than 2.5% of the entire membership of the Wisconsin Bar. Mr. Seelman's membership in the Fellows organization represents that his peers have recognized him for his outstanding professional achievements and devotion to the welfare of his community, state, and country, as well as the advancement of the legal profession. “I am grateful for this honor and opportunity to become a member of an exceptional group of lawyers," Mr. Seelman said. "I look forward to working to advance the Fellows’ important goals, including promoting justice and improving legal education. The Fellows organization was created to honor members of the Wisconsin Bar who have achieved significant professional accomplishments and contributed leadership and service to their communities. Read the court decision
    Read the full story...
    Reprinted courtesy of Todd Seelman, Lewis Brisbois
    Mr. Seelman may be contacted at Todd.Seelman@lewisbrisbois.com

    New Report Reveals Heavy Civil Construction Less Impacted by COVID-19 Than Commercial Construction

    August 31, 2020 —
    Heavy civil construction is deemed essential to the economy and has continued in many jurisdictions throughout the economic shutdown. However, data from The Civil Quarterly (TCQ), a new publication from Dodge Data & Analytics, reveals contractors in this sector are facing supply chain issues and other challenges in keeping jobsites going. The Civil Quarterly (TCQ) is the result of a partnership with Founding partner Infotech, Platinum partner Leica Geosystems and Gold partners Command Alkon and Digital Construction Works, and is based on original research collected quarterly from civil contractors and engineers. The research provides a snapshot of the current business health of contractors operating in this dynamic environment. The inaugural report features research on how technology is transforming civil jobsites and on the prevalence of important safety practices, and future issues will continue to offer insights into key trends that are transforming the sector. Ninety-nine contractors responded to the survey conducted online from mid-April to mid-May 2020. Reprinted courtesy of Dodge Data and Analytics, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. To learn more about Dodge Data and Analytics, visit www.construction.com Read the court decision
    Read the full story...
    Reprinted courtesy of

    Court Concludes That COVID-19 Losses Can Qualify as “Direct Physical Loss”

    September 28, 2020 —
    In a victory for policyholders, a federal district court found that COVID-19 can cause physical loss under business-interruption policies. In Studio 417, Inc., et al. v. The Cincinnati Insurance Co., No. 20-cv-03127-SRB (W.D. Mo. Aug. 12, 2020), the court rejected the argument often advanced by insurers that “all-risks” property insurance policies require a physical, structural alteration to trigger coverage. This decision shows that, with correct application of policy-interpretation principles and strategic use of pleading and evidence, policyholders can defeat the insurance industry’s “party line” arguments that business-interruption insurance somehow cannot apply to pay for the unprecedented losses businesses are experiencing from COVID-19, public-safety orders, loss of use of business assets, and other governmental edicts. The policyholders in Studio 417 operate hair salons and restaurants asserting claims for business interruption. In suing to enforce their coverage, the policyholders allege that, over the last several months, it is likely that customers, employees, and/or other visitors to the insured properties were infected with COVID-19 and thereby infected the insured properties with the virus. Their complaint asserts that the presence of COVID-19 “renders physical property in their vicinity unsafe and unusable.” Unlike some other complaints seeking to enforce such coverage, it also alleges that the presence of COVID-19 and government “Closure Orders” “caused a direct physical loss or direct physical damage” to their premises “by denying use of and damaging the covered property, and by causing a necessary suspension of operations during a period of restoration.” Reprinted courtesy of Lorelie S. Masters, Hunton Andrews Kurth and Jorge R. Aviles, Hunton Andrews Kurth Ms. Masters may be contacted at lmasters@HuntonAK.com Mr. Aviles may be contacted at javiles@HuntonAK.com Read the court decision
    Read the full story...
    Reprinted courtesy of

    Arkansas Federal Court Fans the Product Liability Flames Utilizing the Malfunction Theory

    September 14, 2020 —
    To establish a product liability claim in Arkansas, the plaintiff must prove that the product was supplied in a defective condition, which rendered it unreasonably dangerous and that the defective condition was the proximate cause of the claimed damage or injury. Ordinarily, a plaintiff relies upon direct evidence of a product defect to establish its product liability claim. However, in some cases, the product sustains so much damage that it is impossible for a plaintiff to obtain direct evidence of a defect. The malfunction theory allows a plaintiff in a product liability action to establish a defect through circumstantial evidence, when direct evidence of a defect no longer exists. In order to utilize the malfunction theory, a plaintiff must present evidence that an unspecified product defect was the most likely cause of the damage/accident and rule out all other possible causes of the damage/accident. In Am. Nat’l Prop. & Cas. Co. v. Broan-Nutone, No. 5:18-CV-5250, 2020 U.S. Dist. LEXIS 117116, the United States District Court for the Western District of Arkansas ruled that the plaintiff offered sufficient evidence under “the malfunction theory” to defeat a summary judgment motion in a product liability action involving a bathroom fan that was destroyed in a fire. Read the court decision
    Read the full story...
    Reprinted courtesy of Michael J. Ciamaichelo, White and Williams LLP
    Mr. Ciamaichelo may be contacted at ciamaichelom@whiteandwilliams.com