Changes to Florida's Construction Defect Notice Statute

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Florida Governor Rick Scott signed a new bill that changes Florida's construction defect notice statute, effective October 1, 2015. Changes to the Florida statute include: (I) an amendment to section 558.001, revising legislative intent; (II) an amendment to section 558.002, revising the definition of the term "completion of a building or improvement"; (III) an amendment to section 558.004, providing additional requirements for a notice of claim; (IV) a revision of the requirements for a response; and (V) a revision of provisions relating to the production of certain records.

I. Legislative Intent -

Section 558.001, Florida Statutes, now includes language that adds insurers to the list of people who receive notice and an opportunity to resolve the claim. In relevant part, the statute states that "the claimant filing a notice of claim . . . should provide the contractor, subcontractor, supplier, or design professional, and the insurer of the contractor, subcontractor, supplier, or design professional, with an opportunity to resolve the claim.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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