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    Westville, 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 Westville 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

    Westville Florida Expert Witness Engineer 10/ 10

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

    Westville Florida Expert Witness Engineer 10/ 10

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

    Westville Florida Expert Witness Engineer 10/ 10

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

    Westville Florida Expert Witness Engineer 10/ 10

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

    Westville Florida Expert Witness Engineer 10/ 10

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

    Westville Florida Expert Witness Engineer 10/ 10

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

    Westville Florida Expert Witness Engineer 10/ 10


    Expert Witness Engineer News and Information
    For Westville Florida


    More Construction Defects for San Francisco’s Eastern Bay Bridge Expansion

    Finding of No Coverage Overturned Due to Lack of Actual Policy

    Federal Court Denies Summary Judgment in Leaky Condo Conversion

    Client Alert: Michigan Insurance Company Not Subject to Personal Jurisdiction in California for Losses Suffered in Arkansas

    MGM Seeks to Demolish Harmon Towers

    Can We Compel Insurers To Cover Construction Defect in General Liability Policies?

    60-Mile-Long Drone Inspection Flight Points to the Future

    Home insurance perks for green-friendly design (guest post)

    Lien Actions Versus Lien Foreclosure Actions

    Significant Issues Test Applies to Fraudulent Claims to Determine Attorney’s Fees

    California Court of Appeals Says, “We Like Eich(leay)!”

    Colorado Abandons the “Completed and Accepted Rule” in Favor of the “Foreseeability Rule” in Determining a Contractor’s Duty to a Third Party After Work Has Been Completed

    General Liability Alert: A Mixed Cause of Action with Protected and Non-Protected Activity Not Subject to Anti-SLAPP Motion

    More on Fraud, Opinions and Contracts

    California MCLE Seminar at BHA Sacramento July 11th

    Be Careful With Construction Fraud Allegations

    Damages or Injury “Likely to Occur” or “Imminent” May No Longer Trigger Insurance Coverage

    West Coast Casualty Construction Defect Seminar Announced for 2014

    Spa High-Rise Residents Frustrated by Construction Defects

    Residential Building Sector: Peaking or Soaring?

    AB 1701 – General Contractor Liability for Subcontractors’ Unpaid Wages

    BHA’s Next MCLE Seminar in San Diego on July 25th

    Homeowners Sued for Failing to Disclose Defects

    Broker Not Liable for Failure to Reveal Insurer's Insolvency After Policy Issued

    Subcontractor's Faulty Workmanship Is Not an "Occurrence"

    Arkansas: Avoiding the "Made Whole" Doctrine Through Dépeçage

    Are Millennials Finally Moving Out On Their Own?

    Insurance Firm Defends against $22 Million Claim

    AB 1701 Has Passed – Developers and General Contractors Are Now Required to Double Pay for Labor Due to Their Subcontractors’ Failure to Pay

    Summary Judgment in Construction Defect Case Cannot Be Overturned While Facts Are Still in Contention in Related Cases

    Flag on the Play! Expired Contractor’s License!

    2016 Updates to CEB’s Mechanics Liens and Retail Leasing Practice Books Now Available

    Colorado Court of Appeals Finds Damages to Non-Defective Property Arising From Defective Construction Covered Under Commercial General Liability Policy

    Following Pennsylvania Trend, Federal Court Finds No Coverage For Construction Defect

    CDJ’s #7 Topic of the Year: The Las Vegas Harmon Hotel Year-Long Demolition & Trial Begins

    U.K. Broadens Crackdown on Archaic Property Leasehold System

    Medical Center Builder Sues Contracting Agent, Citing Costly Delays

    Employee Handbooks—Your First Line of Defense

    Condominium Association Wins $5 Million Judgment against Developer

    FIFA Inspecting Brazil’s World Cup Stadiums

    Lis Pendens – Recordation and Dissolution

    Adjuster's Report No Substitute for Proof of Loss Under Flood Policy

    Florida Extends Filing Time for Claims Subject to the Statute of Repose

    A Subcontractor’s Perspective On California’s Recent Changes to Indemnity Provisions

    The “Program Accessibility” Exception for Public Entities Under the ADA

    California Complex Civil Litigation Superior Court Panels

    Does the Miller Act Trump Subcontract Dispute Provisions?

    New California "Construction" Legislation

    Arbitration Provisions Are Challenging To Circumvent

    Gillotti v. Stewart (2017) 2017 WL 1488711 Rejects Liberty Mutual, Holding Once Again that the Right to Repair Act is the Exclusive Remedy for Construction Defect Claims
    Corporate Profile

    WESTVILLE FLORIDA EXPERT WITNESS ENGINEER
    DIRECTORY AND CAPABILITIES

    The Westville, Florida Expert Witness Engineer 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 Westville'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
    Westville, Florida

    Never, Ever, Ever Assume! (Or, How a Stuck Shoe is Like a Construction Project Assumption)

    October 21, 2019 —
    This summer, I had the fortune of taking a trip to Europe. The first place I visited was Amsterdam. A lovely town with a lot of culture and more canals than you can shake a stick at. I was meeting family there, but had hours to kill ahead of time. So, I decided to take the train from the airport into the City Centre, leave my bags at the train station luggage locker, and begin exploring. My plan took its first misstep when I attempted to board the train. Not being in a hurry, I let the other passengers get on first. Sure, I noticed the train conductor blowing his whistle while I stepped onto the train, but figured I was fine since I was already on the steps up. Until, that is, the door began to close, with me in the doorway, suitcase in the train, one foot inside, and one foot mid step up to the cabin. The door closed on my backpack (which was still on my back), but I managed to force it into the train compartment. My shoe, however, was not quite as lucky. Part of my shoe made it inside, and part was outside the door. No worry– just look for the door release mechanism, right? Wrong! There was none. The train started up, with my shoe still halfway in and halfway out of the train. (Luckily my foot itself made it inside all in one piece). The conductor came along to scold me, and told me that he could *probably* rescue my shoe once we got to Central Station. In the meantime, I sat on a nearby jump seat, keeping tabs on my shoe and fuming that this was *not* the way I planned to start my vacation. Long story short– the train conductor was able to salvage my shoe, but not without a lot of commentary on how I should never have boarded the train after the whistle blew. Lesson learned. Read the court decision
    Read the full story...
    Reprinted courtesy of Melissa Dewey Brumback, Ragsdale Liggett PLLC
    Ms. Brumback may be contacted at mbrumback@rl-law.com

    Ongoing Operations Exclusion Bars Coverage

    December 09, 2019 —
    The insurer denied the insured contractor's claim seeking a defense for faulty workmanship based upon the ongoing operations exclusion. PJR Constr. of N.J. v. Valley Forge Ins. Co., 2019 U.S. Dist. LEXIS 127973 (D. N. J. July 31, 2019). PJR Construction was the general contractor to build a swim club and pavilion building for Cambridge Real Property, LLC. PJR began construction on May 29, 2012, and was to complete the construction by March 1, 2013. The project took much longer than anticipated. PJR was denied access to the site on November 13, 2014. Cambridge contended PJR tolerated shoddy workmanship and breached the terms of the contract documents. Cambridge estimated that the project was between 55% and 74.3% complete. PJR and Cambridge went to arbitration. PJR sought a defense from the insurers. Coverage was denied based upon exclusions j (5) and j (6). Exclusion j (5), which the court referred to as the "Ongoing Operations Exclusion," provided the policy did not apply to,
    Property Damage to . . . [t]hat particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the property damage arises out of those operations.
    Read the court decision
    Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    Tennessee Looks to Define Improvements to Real Property

    January 27, 2020 —
    For subrogation practitioners dealing with an installation-based statute of repose, knowing what is an improvement to real property is the first battle in what can, but does not have to be, a long fight. Like many other states, Tennessee’s statute of repose bars claims based on improvements to real property. Tennessee’s statute of repose runs four years after substantial completion of the improvement. See Tennessee Code Ann. § 28-3-202. In the case of Maddox v. Olshan Found. Repair & Waterproofing Co. of Nashville, L.P., E A, 2019 Tenn.App. LEXIS 464, 2019 WL 4464816, the Court of Appeals of Tennessee examined whether or not the work done by the defendant, Olshan Foundation Repair & Waterproofing Co. of Nashville, L.P., E.A. (Olshan) — which addressed bowing walls, cracks in the foundation and walls and water intrusion — qualified as improvements to real property for the purposes of the statute of repose. The court held that the work by Olshan essentially amounted to repairs, and did not qualify as improvements to real property. In Maddox, the plaintiff, Rachel Maddox (Maddox), noticed cracking in her home in 2005 and hired Olshan to assess the issue and conduct necessary repairs. Olshan made several recommendations and the parties agreed on Olshan’s proposal for the price of $27,000. From their initial work in 2005 until late 2011, Olshan visited the property several times to address ongoing structural issues with the home. Eventually, eight months after Olshan told Maddox they could not fix the house and failed to return her phone calls, Maddox filed suit, alleging fraud against the company. After a three-day bench trial, the trial court found in favor of the plaintiff for $187,000, plus $15,0000 in punitive damages. Among other holdings, the court rejected Olshan’s statute of repose defense. Olshan appealed, raising the statute of repose issue again. Read the court decision
    Read the full story...
    Reprinted courtesy of Lian Skaf, White and Williams LLP
    Mr. Skaf may be contacted at skafl@whiteandwilliams.com

    BWB&O Expands to North San Diego

    December 09, 2019 —
    Bremer Whyte Brown & O’Meara is excited to announce our expansion to North San Diego County. Our new office location in Encinitas is strategically located between our Newport Beach and Downtown San Diego offices. The new North San Diego office will provide further resources to better serve our clients. Read the court decision
    Read the full story...
    Reprinted courtesy of Bremer Whyte Brown & O’Meara

    Washington State Enacts Law Restricting Non-Compete Agreements

    September 23, 2019 —
    Washington State has enacted a new law that means big changes for employers. The new law, in effect on January 1, 2020, will dramatically limit the enforcement of non-compete agreements in our state and imposes tough penalties on employers found to be in violation. While the new law does not take effect for many months, businesses should nonetheless act quickly and before year’s end to evaluate practices and, if necessary, revise existing and future non-compete agreements to ensure compliance. Under the new law, if an employee successfully proves a company’s non-compete agreement is unenforceable, then the employer will be required to pay the greater of $5,000 or an employee’s actual damages, plus the employee’s attorneys’ fees (and its own, in defending the non-compete), expenses and costs incurred in challenging the agreement. Brief Summary of Changes Washington Courts have typically disfavored restrictive covenants but usually enforced a non-competition agreement that protected an employer’s legitimate business interests and was reasonable in scope, geographic reach, and duration. The Legislature halted this trend through passage of Engrossed Substitute House Bill 1450. Read the court decision
    Read the full story...
    Reprinted courtesy of Ellie Perka, Ahlers Cressman & Sleight PLLC
    Ms. Perka may be contacted at ellie.perka@acslawyers.com

    Amendments to California Insurance Code to Require Enhanced Claims Handling Requirements for Claims Arising Out Of Catastrophic Events

    September 04, 2019 —
    Senator Bill Dodd, who represents Napa County and surrounding areas in the California Senate, has recently introduced Senate Bill 240, known colloquially as The Insurance Adjuster Act of 2019. S.B. 240 would amend the California Insurance Code to streamline and organize claim processing, particularly during a state of emergency / catastrophic events. The proposal is in response to a series of devastating wildfires which ravaged the Sonoma County and Napa Valley wine country during the 2017 fire season (Atlas, Tubbs, and Nun fires). Many of Senator Dodd’s constituents reported difficulty in navigating the claim process due to multiple claim professionals handling a single claim, many of whom were outside of California, and many of whose capabilities were challenged. S.B. 240 would direct the Department of Insurance to issue annual notices setting forth legal developments as they relate to property insurance policies, including best practices for evaluating damage caused by an emergency, and requires out-of-state claims professionals to certify, under penalty of perjury, that they have read these notices along with claim adjusting literature also prepared by the Department of Insurance. S.B. 240 would also require insurers to designate a primary point of contact for their customers during a state of emergency until the claim is closed or litigation is initiated. While the proposed legislation would not prohibit multiple claims professionals handling a single claim, it would provide for training standards issued by the Department of Insurance on how best to handle claims in a state of emergency. Further, S.B. 240 would require claims professionals who are not licensed in California (1) to be supervised by a licensed California claims professional, and (2) to read and understand the annual emergency claim adjusting literature issued by the Department of Insurance within 15 calendar days of beginning adjusting of claims in California. The bill passed the Senate by unanimous vote and is pending in the Assembly. The bill is also supported by Insurance Commissioner Ricardo Lara. Accordingly, the bill is expected to pass the Legislature. Once enacted, S.B. 240 would significantly elevate claim adjusting requirements related to emergencies, such as natural disasters, by placing greater oversight in the Department of Insurance, and greater responsibility on claims professional within and outside of California. How pragmatic these requirements are and what practical impact they will have on the industry are developments which we will follow and provide further commentary as this bill makes its way through the California legislature and into the California Insurance Code. Reprinted courtesy of Jon A.Turigliatto, Chapman Glucksman Dean Roeb & Barger and Ravi R. Mehta, Chapman Glucksman Dean Roeb & Barger Mr. A.Turigliatto may be contacted at jturigliatto@cgdrblaw.com Mr. Mehta may be contacted at rmehta@cgdrblaw.com Read the court decision
    Read the full story...
    Reprinted courtesy of

    How Berger’s Peer Review Role Figures In Potential Bridge Collapse Settlement

    August 26, 2019 —
    As negotiations near a conclusion for a settlement with victims of last year’s fatal Florida International University bridge collapse, the role of the Louis Berger Group as peer review consultant is proving crucial. Attorneys for families of the six people who were killed and survivors say Berger is the last defendant that has not agreed to terms in lawsuits in state court in Miami against the companies that designed and built the bridge. Read the court decision
    Read the full story...
    Reprinted courtesy of Richard Korman, ENR
    Mr. Korman may be contacted at kormanr@enr.com

    Four Things Construction Professionals Need to Know About Asbestos

    September 23, 2019 —
    Although asbestos had its heyday in America half a century ago, asbestos exposure remains a major health risk and financial liability for construction professionals. One study estimates that at least 1.3 million construction industry workers are still at risk for occupational asbestos exposure. Up until the 1980s, U.S. manufacturers mixed asbestos into thousands of construction products. Asbestos is a unique mineral that can be worked into flexible fibers while still retaining its durability and heat resistance. Unfortunately, the fibrous nature of asbestos also makes it highly toxic. This article provides an overview of what construction professionals need to know about asbestos, including:
    • potential long-term health consequences of asbestos exposure for workers and short-term financial consequences for employers;
    • Occupational Safety and Health Administration asbestos regulations;
    • how to identify and safely remove asbestos-containing materials; and
    • what people should do if they have a history of asbestos exposure.
    Reprinted courtesy of Daniel King, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
    Read the full story...
    Reprinted courtesy of
    Mr. King may be contacted at dking@asbestos.com