Anthony S. Wong and Lee H Jeansonne | Wood, Smith, Henning & Berman Big changes may be on the horizon for Florida statute of repose for construction claims. Florida SB 2022-736 proposes to amend Fla. Stat. §95.11(3)(c) to eliminate the distinction between patent and latent claims and apply a uniform four year statute of repose… Continue reading Florida’s Statute Of Repose – Elimination Of Stale Claims
Tag: Florida
Florida Appellate Court Holds Insurer Does Not Waive Coverage Position By Invoking Appraisal
Brennah S. Toomey | Phelps Dunbar A Florida appellate court held that the trial court erred in entering final judgment enforcing an appraisal award that included damages excluded under the insureds’ policy. State Farm Fla. Ins. Co. v. Orlinda Gonzales and Harmodio Diaz, No. 2D20-1268, 46 Fla. L. Weekly D2168a, 2021 Fla. App. LEXIS 13541 (Fla.… Continue reading Florida Appellate Court Holds Insurer Does Not Waive Coverage Position By Invoking Appraisal
Florida Legislature Proposes Significant Revisions to Construction Defect Statute
Ralf R. Rodriguez | Cozen O’Connor PROPOSED AMENDMENT TO STATUTE OF LIMITATIONS ELIMINATING THE 10-YEAR STATUTE OF REPOSE A new bill has recently been submitted to the Florida Senate (SB 2022-736) that proposes to amend Fla. Stat. § 95.11(3)(c) by eliminating the current statute of repose for latent claims, which requires an action be commenced… Continue reading Florida Legislature Proposes Significant Revisions to Construction Defect Statute
Florida’s New Virtual Building Inspection Law: A Contractor’s Friend or Foe?
Jason Bullinger | Rumberger Kirk The Florida legislature recently enacted a new law allowing for building inspections by state agents to be done virtually. While the focus of this measure was to alleviate the backlog of inspections and strain on building departments brought on by the pandemic, it could raise new issues for litigators and… Continue reading Florida’s New Virtual Building Inspection Law: A Contractor’s Friend or Foe?
Commencing of the Statute of Repose for Construction Defects
David Adelstein | Florida Construction Legal Updates Florida has a ten-year statute of repose which applies predominantly to construction defect claims. This can be found in Florida Statute s. 95.11(3)(c). After ten years, any rights relative to a construction defect claim are time-barred. However, the statute of repose date has been watered down and can be made… Continue reading Commencing of the Statute of Repose for Construction Defects