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William Henry PhD – Perspectives – Architect’s REAL Viewpoint

Monday, June 26, 2017

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Expert Witnesses And Causality By William Henry, PhD And Joellen Gill What is Causality and how do Expert Witnesses deal with it? The term refers to the reason something happened – the cause for it. Determining cause is like peeling an onion. For example, in a case were someone trips and falls and is injured there can be many contributors to the equation and different causes for different effects. For instance, who is the person injured and what are his or her characteristics? Old or young? Light or heavy? Good or not-so-good eye sight? Subject to seizures? Subject to losing […]

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Patricia Tan – Perspectives – International REAL Estate

Sunday, April 16, 2017

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Taxing Matters For Non-Residents Who Own U.S. Real Estate By Patricia Tan What season Is it? Some might say “Spring” as temperatures are in the 70s, others may say “Tourist Season” as they sit patiently in heavy traffic, but as I write this article I am working on my annual accounts, so I would say “It’s Tax Season!” It is this time of year when I get questions from some of my overseas customers who are working on their tax returns too, and I thought it might be useful to spend a few minutes looking at how foreign real estate […]

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William Henry PhD – Perspectives – Architect’s REAL Viewpoint

Monday, November 14, 2016

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ADA Testers And A Congressional Response By William Henry, PhD The Americans with Disabilities Act (ADA) has spawned a cottage industry of testers and their lawyers who travel from site to site looking for nonconformities. The ADA is a Federal civil rights act, creating the right to bring discrimination suits with regard to persons encountering real or perceived barriers preventing them from fully using facilities. When issues are found they file suit. As with any activity of this type, some of the suits are legitimate and some are not. Florida and California are the two hottest spots in the Country […]

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William Henry PhD – Perspectives – Architect’s REAL Viewpoint

Tuesday, September 20, 2016

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Less Is Better In The Housing World By William Henry, PhD Compare the 1959 Cadillac to the models of 2016. The name is the same but that’s about it. The new ones are much smaller and more sophisticated than the 1959 behemoth. Housing is following the same path. Smaller homes are becoming attractive to buyers and developers, and for some of the same reasons. There are over 70 million Baby Boomers in this country with their successors close on their heels. And then there are the young, first time home buyers – together these two demographic groups seem to be […]

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William Henry PhD – Perspectives – Architect’s REAL Viewpoint

Wednesday, June 1, 2016

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The Architect’s Role In Construction By William Henry, PhD The public’s perception of an architect is often quite simple. Of course the real world can be quite different than traditional perceptions. The simplest perception of an architect is a person hired to design a structure by the future structure’s owner, who also hires a contractor to undertake its construction. There are situations in which this perception is totally accurate, but generally only in the simplest situations such as a party desiring to build a home or place of business. However, many projects are much more complex. Commercial projects can involve […]

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William Henry PhD – Perspectives – Architect’s REAL Viewpoint

Sunday, April 24, 2016

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Required Procedures In Florida For Dealing With Design And Construction Defects By William Henry, PhD The Florida Legislature has created a mandatory method to resolve construction disputes with idea that it would reduce the need for litigation as well as protect the rights of property owners. It requires that a property owner file a notice of claim with the contractor, subcontractor, supplier, or design professional that he or she asserts is responsible for design or construction defects. It provides the contractor, subcontractor, supplier, or design professional, and their insurers an opportunity to resolve the claim through confidential settlement negotiations without […]

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William Henry PhD – Perspectives – Architect’s REAL Viewpoint

Tuesday, February 23, 2016

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Just How Litigious Is The State Of Florida? By William Henry, PhD One might look at the title of this article and see the question only as asking how many cases of a given type are filed in the State of Florida each year. While that is a valid interpretation, another might see it as asking about Florida’s overall environment for filing certain lawsuits and the price it pays for its legal system. To begin, perhaps a comparison of two states having similar populations and location – Florida and Texas – might be of help. A website entitled The Last […]

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William Henry PhD – Perspectives – Architect’s REAL Viewpoint

Wednesday, January 6, 2016

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The ADA – Americans With Disabilities Act Making Life Better And More Complex By William Henry, PhD The Americans with Disabilities Act (the ADA) is an “equal opportunity” law for people with disabilities. It was signed into law on July 26, 1990, by President George H.W. Bush. The ADA is one of America’s most comprehensive pieces of civil rights legislation. It prohibits discrimination and guarantees that people with disabilities have the same opportunities as everyone else to participate in the mainstream of American life – to enjoy employment opportunities, to purchase goods and services, and to participate in State and […]

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William Henry PhD – Perspectives – Architect’s REAL Viewpoint

Wednesday, October 21, 2015

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Can An Expert Help You Assess The Causes Of A Fall? By William Henry, PhD In many slip and fall cases there are multiple aspects of a site that contribute to the accident and resulting injury. Can an expert help you assess how the physical conditions contributed to the accident? The answer is, YES. Consider a typical hypothetical fact situation. Let us assume that a young lady and her husband go to see a movie at the local multiplex. As she climbs the stairway to her seat her foot slips off the front edge of a step and she falls […]

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William Henry PhD – Perspectives – Architect’s REAL Viewpoint

Wednesday, August 26, 2015

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Collection Of Accident Scene Evidence By William Henry, PhD In a perfect world no one would ever be injured as the result of the negligence of another person. In a nearly perfect world one who is injured would always have the presence of mind to instantly collect all of the relevant information immediately after being injured – even before leaving the scene. The dilemma is this: someone is hurt on someone else’s property; the injured party is in pain and not thinking clearly and is certainly not thinking about preserving and collecting evidence; and those responsible for the property where […]

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William Henry PhD – Perspectives – Architect’s REAL Viewpoint

Tuesday, July 21, 2015

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Does Title Insurance Really Protect a Property Owner from Zoning Issues? By William Henry, PhD Title Insurance is a policy to protect and/or indemnify against loss or damage resulting from defects in the title and deed to the property. What does Title insurance cover? The basic title insurance policy that is not “overly endorsed” includes the following: 1) Representation as to the actual owners of the property, 2) Representation that the property is free of encumbrances, i.e. other mortgage liens, mechanics liens, and potential claims that have not been recorded, and 3) Representation that there is access to the property […]

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William Henry PhD – Perspectives – Architect’s REAL Viewpoint

Tuesday, May 26, 2015

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Regulation Of Florida Water Parks Are You At Risk For Injury? By William Henry, PhD Florida is the home of a large number of water parks. Given its name– the entity that regulates water parks may seem surprising to you. How does the regulation of Florida recreational theme parks that feature water oriented rides impact safety or lack thereof and –ultimately personal injury? The Florida Legislature has recognized in Section 616.242 of the Florida Statutes the necessity of regulating amusement rides within the State. Exempt from the statute for inspection purposes are: Permanent facilities that employ at least 1,000 full-time […]

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William Henry PhD – Perspectives – Architect’s REAL Viewpoint

Wednesday, February 18, 2015

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Slip or Trip and Fall Cases Can Yield Multi Million Dollar Settlements By William Henry, PhD It may come as a surprise to many that a slight defect in a sidewalk could result in a multi million dollar settlement by your local government to the injured party. Yet a recent accident on a public sidewalk outside of a New York City Hospital yielded the victim a settlement of 2.25 million dollars. The City preferred to settle this claim rather than risk exposure to a larger award by a jury who could empathize with the victim’s plight. Since we at RGA […]

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William Henry PhD – Perspectives – Architect’s REAL Viewpoint

Wednesday, July 9, 2014

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The Conflict: New Urbanistic Vs. ‘Pseudo Urbanistic’ By William Henry, PhD The Conflict Between ‘The New Urbanistic Approach Embraced By Government Urban Planners Vs. The ‘Pseudo Urbanistic’–Market Rate Approach Implemented By The Private Sector Consumers and casual observers will note that the various urban plans currently being fostered by government officials and private commercial developer/builders vary greatly in both the substance and style of the plans. The differences are significant! As may be expected, government seems of late to be enamored with the creation of a ‘new urbanism’ with mixed zoning uses all clustered together creating ‘mixed use urban centers’. […]

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William Henry PhD – Perspectives – Architect’s REAL Viewpoint

Tuesday, May 13, 2014

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Designer Liability From A Forensic Architects Point of View? By William Henry, PhD “Your Architect Cannot Deliver Perfection” As a forensic architect and court certified expert witness, I am often engaged by both plaintiff and defense counsel to opine on whether an architect has committed errors and omissions that would lead to liability exposure. What actions by architects constitute errors and omissions (E&O) that could lead to damages incurred by property owners, clients, and/or victims of construction site injuries? A Take On Errors And Omissions Prior to attempting to offer up yet another definition of E&O, we need to establish […]

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