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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

    Chattahoochee Florida Building Consultant 10/ 10

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

    Chattahoochee Florida Building Consultant 10/ 10

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

    Chattahoochee Florida Building Consultant 10/ 10

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

    Chattahoochee Florida Building Consultant 10/ 10

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

    Chattahoochee Florida Building Consultant 10/ 10

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

    Chattahoochee Florida Building Consultant 10/ 10

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

    Chattahoochee Florida Building Consultant 10/ 10

    Building Consultant News and Information
    For Chattahoochee Florida

    Louisiana Couple Claims Hurricane Revealed Construction Defects

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    The Chattahoochee, Florida Building Consultant 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 Chattahoochee'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 Consultant News & Info
    Chattahoochee, Florida

    Named Insured’s Liability Found Irrelevant to Additional Insured’s Coverage Under a Landlords and Lessors Additional Insured Endorsement

    November 16, 2020 —
    In Truck Ins. Exchange v. AMCO Ins. Co. (No. B298798, filed 10/26/20), a California appeals court held that even though the named insured restaurant-lessee was found not liable for premises liability to injured restaurant patrons, the respective liability of the named and additional insured was irrelevant to the landlord-lessor’s coverage for injuries “arising out of” the lessee’s “use” of the premises under a landlords, managers or lessors of premises additional insured endorsement on the lessee’s general liability policy. In Truck v. AMCO, restaurant patrons were injured when a vehicle crashed into the restaurant while they were dining. The landlord was aware of a similar accident that happened several years before, but the current lessee operating the restaurant was not. The patrons sued the lessee, alleging negligence and premises liability for failing to take precautionary measures and safeguard the patrons. On learning of the prior incident, the patrons added the landlord, alleging that it should have protected the property from a recurrence by reinforcing the door and installing bollards by the street. Reprinted courtesy of Christopher Kendrick, Haight Brown & Bonesteel LLP and Valerie A. Moore, Haight Brown & Bonesteel LLP Mr. Kendrick may be contacted at Ms. Moore may be contacted at Read the court decision
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    A Primer on Insurance for Construction Projects

    November 30, 2020 —
    People who live in glass houses should have insurance (in addition to not throwing stones). So too should your construction project. The risks inherent on a construction project are many and varied, ranging from property damage to personal injury to pollution remediation costs, and wise contractors and project owners know that one of the best ways to mitigate these risks is through insurance. So, here’s a primer on what you need to know about insurance on construction projects. Commercial General Liability Insurance (CGL) What it Covers:
    • Property damage.
    • Bodily injury.
    • Personal and advertising injury (e.g., libel and slander).
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    Reprinted courtesy of Garret Murai, Nomos LLP
    Mr. Murai may be contacted at

    Hurricane Laura: Implications for Insurers in Louisiana

    October 19, 2020 —
    Just two days before the 15th Anniversary of Hurricane Katrina, Category 4 Hurricane Laura made landfall near Cameron, Louisiana. Although the “unsurvivable” 20-foot storm surge, which had been predicted ahead of the storm, thankfully was significantly less, the impact of Laura on the Southwest Coast of Louisiana and Southeast Coast of Texas and its neighboring parishes and counties, most notably Cameron Parish, was quite severe. Lake Charles, Louisiana suffered widespread flooding and sustained catastrophic wind damage. Although the storm moved quickly, it retained its strength longer than expected such that even areas well inland sustained considerable damage. Preliminary estimates for insured losses from storm surge, flooding, and winds range from $8 to $12 billion for residential and commercial properties. Insurers providing residential or commercial property insurance in Louisiana should keep the following statutory claims handling requirements in mind. Louisiana Statutory Provisions Under Louisiana law, an insurer is expected to comply with certain statutory requirements in investigating and handling claims submitted by its insureds and third-party claimants. The majority of these requirements, and the consequences of their violation, are codified by La. R.S. 22:1892, which governs the payment and adjustment of claims, and La. R.S. 22:1973, which delineates an insurer’s duty of good faith. Together, the statutes impose three requirements on insurers: timely initiation of loss adjustment, timely payment of claims, and a duty of good faith and fairness in the adjustment and payment of said claims. Reprinted courtesy of Jennifer Michel, Lewis Brisbois and Tabitha Durbin, Lewis Brisbois Ms. Michel may be contacted at Ms. Durbin may be contacted at Read the court decision
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    Famed NYC Bridge’s Armor Is Focus of Suit Against French Company

    January 18, 2021 —
    French construction giant Vinci SA faces allegations it’s partly to blame for the degradation of the armor installed on New York City’s Kosciuszko Bridge to protect against terrorist attacks and accidents. Hardwire LLC, a Baltimore company that bid unsuccessfully on the project, previously sued one of its former executives for allegedly stealing its proprietary technology for bridge armor so he could win the contract. On Tuesday, Hardwire sought permission to add two units of Vinci to the suit, which claims damages of more than $40 million. The armor is “splitting, delaminating, and is in danger of falling off,” causing a “clear and present danger,” according to the proposed revised complaint filed in federal court in Maryland. The separation “leaves significant vulnerabilities for the bridge cable.” Read the court decision
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    Reprinted courtesy of Joel Rosenblatt, Bloomberg

    A Murder in Honduras Reveals the Dark Side of Clean Energy

    October 12, 2020 —
    Berta Cáceres campaigned to stop a renewable energy project, and the long fight turned her into one of Central America’s most prominent environmentalists. She won a prestigious international prize known as the “Green Nobel” for protecting a river, using some of the award money to purchase a modest bungalow in La Esperanza, her hometown in central Honduras. Her activism is also what brought three gunmen to her back door. The men broke into her kitchen around 11:30 p.m. on March 2, 2016. Cáceres heard a noise and called out from her bedroom: “Who’s out there?” Within seconds, a gunman entered her room and shot her dead. Read the court decision
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    Reprinted courtesy of Monte Reel, Bloomberg

    Construction Contracts Need Amending Post COVID-19 Shutdowns

    October 19, 2020 —
    No one could have expected the coronavirus pandemic in the beginning of 2020. True, there were rumblings about a sickness in China that was highly contagious and infecting many people. Death tolls began rising as the world watched in disbelieve. After all, this is 2020. This is not supposed to happen. We should have been able to control the spread of the virus, but we could not. COVID-19 quickly spread throughout the world causing havoc and economic despair. While some sectors of the construction industry are not as impacted as others, contractors industry-wide need to consider how COVID-19 will impact their contractual obligations. Depending on what happens and what the government decides to do to stop the spread of the coronavirus, project delays, supply chain distributions, lost productivity and work stoppages may continue for months. All of this will impact the contracts that contractors have with owners. Contractors may not be able to preform according to the terms of the contract through no fault of their own. Owners may no longer qualify for the financing needed to pay for the project. FORCE MAJEURE According to Investopedia, “force majeure refers to a clause that is included in contracts to remove liability for natural and unavoidable catastrophes that interrupt the expected course of events and prevent participants from fulfilling obligations.” Reprinted courtesy of Richard P. Higgins, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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    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
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    Reprinted courtesy of Todd Seelman, Lewis Brisbois
    Mr. Seelman may be contacted at

    Connecticut Supreme Court Finds Duty to Defend When Case Law is Uncertain

    October 12, 2020 —
    The Connecticut Supreme Court recently addressed whether an insurer has a duty to defend when faced with legal uncertainty as to whether coverage is owed: for example, when there is no Connecticut case law on point, and courts outside of the state have reached conflicting decisions. The Court suggested that an insurer, in these circumstances, should defend the insured, and should seek a declaratory judgment from a court as to whether coverage is owed. The issue in Nash St., LLC v. Main St. Am. Assurance Co.,[1] arose out of a home collapse in Milford, Connecticut. The owner of the home (Nash) hired a contractor (New Beginnings) to renovate the home. New Beginnings, in turn, retained a subcontractor to lift the house and to do concrete work on the foundation. While the subcontractor was lifting the house, the house shifted off the supporting cribbing and collapsed. Reprinted courtesy of Eric B. Hermanson, White and Williams and Austin D. Moody, White and Williams Mr. Hermanson may be contacted at Mr. Moody may be contacted at Read the court decision
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