Construction Defects Reform Legislation Takes Shape - March 2021

Fri, Mar 05, 2021

An effort to reform Florida’s construction defects statutes contained in Chapter 558, F.S., is on the move in the Florida Legislature. The legislation, HB 21 by Representative Alex Andrade (R – Pensacola) and SB 270 by Senator Keith Perry (R – Gainesville), is designed to move the Ch. 558 construction defect resolution process closer to its original intent of providing a non-litigious forum for owners and contractors to cure bonafide construction defects. Notably, the legislation would make substantive changes to Ch. 558 in the following ways. 

“Material” Defects
The bills provide for a definitional change to “Material Violation” in 553.84, F.S., that would require an elevated threshold to ensure that owners aren’t initiating claims for superficial or miniscule things that are not a defect and do not weaken the integrity of the completed structure. Read More.

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