Sanjay Kurian
recently posted an interesting article concerning proposed changes to Florida’s
statute governing notice of construction defects.
Proposed legislation to change Chapter 558
The Legislature will be considering legislation this year to
change Chapter 558, Florida Statutes.
Chapter 558 is required process
for any party seeking to pursue claims for construction defects. The original goal of Chapter 558 was to
provide an opportunity to settle defect claims without litigation or
arbitration, and not to create another source of dispute or litigation. This bill is contrary to that original
intent. The proposed bill would create new rights and defeats any realistic
hope to amicably resolve claims as more fully explained below. These changes, if enacted, will negatively
impact all owners of construction improvements including hospitals, doctor’s
offices, school buildings, condominiums, single family homes and commercial
buildings. The proposed legislation can
be found here and the specific problems are noted below.
