Details

Title	Title XXXIII, Chapter 558 Construction Defects (Florida)
Highlights	There is implicit recognition that costs associated with construction defect litigation results in higher costs for future buyers.   Florida requires that construction professionals be allowed to correct construction defects before expensive litigation can be commenced.                       There is implicit recognition that costs associated with construction defect litigation results in higher costs for future buyers.   Florida requires that construction professionals be allowed to correct construction defects before expensive litigation can be commenced.
Description	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 can bring 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 the legislation. 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. To find the statute, scroll to Title XXXIII, then Chapter 558.
Publication Date	2003
Organization	The Florida Senate
Web Location	http://www.flsenate.gov/Statutes/index.cfm?Mode=View%20Statutes&Submenu=1&Tab=statutes

Notice: The contents of this record reflect the views of the author and/or promulgating municipality, and should not be construed as representing the views or policies of the U.S. Department of Housing and Urban Development or U.S. HUD's Office of Policy Development and Research. No attempt has been made by U.S. HUD or its contractors to verify the accuracy, currency, or validity of the record contents presented herein.