News & Analysis as of

Construction Defects New Legislation

Adams and Reese LLP

Grace is (Almost) Gone – Florida Shortens Construction Defect Lawsuits to Seven-Year Window, Beginning July 1, 2024

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On July 1, 2024, the time frame to report construction defects in the state of Florida shifts from 10 years to seven years, as the grace period ends for Florida Senate Bill 360....more

Nelson Mullins Riley & Scarborough LLP

Condominium Law Changes Resulting from the Collapse of the Champlain Towers South

On June 9, 2023, Governor DeSantis signed into law Senate Bill 154 (SB 154, also known as the “Glitch Bill”), which previously passed unanimously in both chambers of the Florida legislature in early May....more

Cozen O'Connor

Florida Shortens Time to File Construction Claims and Imposes Materiality Requirement for Building Code Violations

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On March 24, 2023, and April 13, 2023, Governor Ron DeSantis signed House Bill 837 and Senate Bill 360 into law, respectively. These new legislative amendments change Florida’s litigation landscape by shortening the statute...more

Butler Weihmuller Katz Craig LLP

Florida’s Shortened Statute of Repose for Construction Defect Claims

On April 13, 2023, and as part of other recent tort reform measures implemented in Florida, Governor Ron DeSantis signed Senate Bill 360 into law. This most recent bill makes changes to, among other laws, Florida Statute...more

Miles Mediation & Arbitration

Will General Contractors or Subcontractors Get Hammered by New State Legislation?

There has been a growing trend of states enacting legislation making general contractors jointly and severally liable for the wages, benefits and supplements owed by project subcontractors to that subcontractor’s workers. ...more

Stark & Stark

New Bill Clarifies Statute of Limitations For Community Association Transition Litigation Matters

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On Tuesday, January 18, 2022, Governor Murphy signed into law Senate Bill 396, which automatically tolls (i.e. pauses) the 6-year Statute of Limitations for construction defect claims by condominium and/or homeowner...more

Gray Reed

The 86H Texas Legislative Session: A Grandslam For The Texas Construction Industry

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After meeting for 140 days at the Capitol, Texas Legislators adjourned the 86th Legislative Session on May 27th, 2019. For the construction industry as a whole, many are saying that the 86th Legislative Session was one of the...more

Snell & Wilmer

2019 Amendments Affecting Residential Construction

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Under Arizona law, when a purchaser of a new residential dwelling unit alleges a construction defect, the purchaser generally is required to first provide notice of the defect to the homebuilder prior to filing a formal...more

White and Williams LLP

Arizona Purchaser Dwelling Actions Are Subject to a New Construction

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Arizona recently amended its Purchaser Dwelling Action statute to, among other things, involve all contractors in the process, establish the parties’ burdens of proof, add an attorney fees provision, establish procedural...more

Stoel Rives LLP

2019 Condominium Warranty Reforms and WUCIOA Clarifications

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The Washington Legislature wrapped up its 2019 session by enacting much-anticipated reform to the condominium implied construction warranties. The warranty reform bill also included important clarifications of the application...more

Stinson LLP

Recent Developments in Minnesota Construction Law

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Rulings by the Minnesota Supreme Court and bills passed by the state legislature continue to shift the legal framework of construction practice in the state of Minnesota. Outlined below is a review of some of these new...more

Snell & Wilmer

Under Colorado House Bill 17-1279, HOA Boards Now Must Get Members’ Informed Consent Before Bringing A Construction Defect Action

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Last year, I wrote a post calling attention to stalled efforts in the Colorado legislature to pass meaningful construction defect reform. Shortly thereafter, the legislature got it done in the form of House Bill 17-1279....more

Payne & Fears

Is the Retroactive Statute of Repose for Construction Defect Claims Constitutional?

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With the February 24, 2015, enactment of Assembly Bill 125 (2015 Nevada Laws, Ch. 2), much has changed in the world of residential construction defect litigation. One of the most dramatic shifts has been the reduction of the...more

Sherman & Howard L.L.C.

Construction Advisory: Governor Signs Construction Defects Reform

On May 23, 2017, Governor Hickenlooper signed House Bill 17-1279 (“HB 1279”) into law, which applies to all construction defect actions filed on or after that date. With the adjournment of the 2017 Colorado General Assembly...more

Brownstein Hyatt Farber Schreck

Colorado State Legislature Finally Passes Construction Defects Reform Legislation

In a dramatic and seemingly overnight change of course, the Colorado House of Representatives unanimously approved House Bill 1279 on April 24, 2017. Days later, on May 4, 2017, HB 1279 passed unanimously in the Colorado...more

Ballard Spahr LLP

Real Estate News in Metro DC

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Ballard Spahr’s mixed-use, condominium, and multifamily lawyers are pleased to provide this newsletter to keep you apprised of important developments and trends in real estate law in Maryland, Virginia, and Washington, D.C. ...more

Cozen O'Connor

Newly Paved Path for Asserting Construction Defect Claims in Florida

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Florida Governor Rick Scott signed HB 87 into law, codified at ch. 2015-165, which amends the notice and opportunity to cure provisions of Chapter 558, Florida’s Construction Defect Statute. These amendments will go into...more

Burr & Forman

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...more

Perkins Coie

Newly Revised Arizona Purchaser Dwelling Act Changes Rules for Construction Defect Claims

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When the Arizona Legislature enacted the Purchaser Dwelling Act (the "Act") in 2002, it imposed various pre-litigation notice and inspection requirements on purchasers and homeowners’ associations before they could file a...more

Snell & Wilmer

Recent Developments in Arizona Construction Law

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Notable 2014 Case Law: Bonds - In Ponderosa Fire District v. Coconino County, 235 Ariz. 597 (Ct. App. Ariz. 2014), the Court of Appeals considered whether the County had discretion to decide not to call...more

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