Vincent Fernandez and Shaheen Nouri | Butler Weihmuller Katz Craig The presuit notice requirements of section 627.70152, Florida Statutes, are procedural in nature and, therefore, apply retroactively to insurance policies existing at the time the law was enacted (July 1, 2021). Herman Cole v. Universal Prop. & Cas. Ins. Co., No. 4D22-1054 (Fla. 4th DCA May… Continue reading A Matter of Means and Methods: Florida Appellate Court Upholds Retroactive Presuit Notice Requirement
Tag: Florida
Florida Shortens Time to File Construction Claims and Imposes Materiality Requirement for Building Code Violations
Ralf Rodriguez | Cozen O’Connor 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 of limitations for general negligence claims and the statute of repose for construction claims and altering… Continue reading Florida Shortens Time to File Construction Claims and Imposes Materiality Requirement for Building Code Violations
Filing Motion to Increase Lien Transfer Bond (Before Trial Court Loses Jurisdiction Over Final Judgment)
David Adelstein | Florida Construction Legal Updates If a construction lien is recorded against real property, the lien can be transferred to a lien transfer bond. This transfers the security or collateral of the construction lien from the real property to the lien transfer bond. The lien transfer bond can be a bond posted by a surety company… Continue reading Filing Motion to Increase Lien Transfer Bond (Before Trial Court Loses Jurisdiction Over Final Judgment)
Florida Legislature Enacts Major Changes to the Statute of Repose for Construction Defect Claims
Cesar Avila and Kellyt Melchiondo | Bilzin Sumberg On April 13, 2023, governor Ron DeSantis signed Senate Bill 360 (“SB 360”) into law, which drastically reduces the time limit for property owners to file suit against builders and construction professionals for construction defects and imposes a more stringent standard for bringing a claim under the… Continue reading Florida Legislature Enacts Major Changes to the Statute of Repose for Construction Defect Claims
New Florida Bill Shortens Time for Construction Defect Lawsuits
Jessica Zelitt | Adams and Reese On Thursday, April 13, 2023, Florida Governor Ron DeSantis signed Senate Bill 360 into law. This legislation alters the time period for bringing forward construction defect lawsuits, as well as modifies the current private right of action against a contractor for violation of the Florida Building Code. First, SB 360 amends… Continue reading New Florida Bill Shortens Time for Construction Defect Lawsuits