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

Lee Tomlinson | Adams and Reese 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. SB360 was signed into law last year by Gov. DeSantis. It effectively modifies Section 95.11(3)(c) (now designated… Continue reading Grace is (Almost) Gone – Florida Shortens Construction Defect Lawsuits to Seven-Year Window, Beginning July 1, 2024

Recent Florida Legislative Changes Shorten Both Statute of Limitation (“SOL”) and Statute of Repose (“SOR”) for Construction Defect Claims

Holly A. Rice | SDV Insights The Florida Legislature and Governor DeSantis passed Senate Bill 360, effective April 13, 2023, which imposes significant changes to Florida’s statute of limitation (“SOL”) and statute of repose (“SOR”) periods prescribed in Florida Statute § 95.11. In short, the SOL and SOR periods will commence earlier and run earlier,… Continue reading Recent Florida Legislative Changes Shorten Both Statute of Limitation (“SOL”) and Statute of Repose (“SOR”) for Construction Defect Claims

Florida High Court Says Appraisals Can Be Compelled Before Coverage Decided

William Rabb | Insurance Journal The Florida Supreme Court has resolved a conflict between differing appeals court decisions, deciding that property insurers can be compelled to submit to the appraisal process long before causation, coverage and misrepresentation issues are settled in claims disputes. “For the reasons explained below, we approve the Second District’s decision and… Continue reading Florida High Court Says Appraisals Can Be Compelled Before Coverage Decided

Florida’s New Pre-Suit Notification Requirement: Retroactive or Prospective Application?

Holly A. Rice | Saxe Doernberger & Vita Florida’s newly formed Sixth District Court of Appeal (“Sixth DCA”) recently certified conflict with Florida’s Fourth District Court of Appeal on the issue of retroactive application of the pre-suit notice requirement contained in Florida Statute §627.70152.1  Earlier this year, the Fourth District Court of Appeal (“Fourth DCA”) held… Continue reading Florida’s New Pre-Suit Notification Requirement: Retroactive or Prospective Application?

Unjust Enrichment Claims When There is no Binding Contract

David Adelstein | Florida Construction Legal Updates A recent appellate opinion starts off, “This is a typical South Florida construction dispute.”  (See case citation at the bottom) Let’s see, is it?  No. It’s a garden variety payment dispute where the parties did NOT have a binding contract.  Why? That’s for a different day (because the smart… Continue reading Unjust Enrichment Claims When There is no Binding Contract

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