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GT Alert

Attention Florida Homebuilders: Pending Changes to Chapter 558, Florida Statutes Regarding Construction Defects

May 2004
By Michael J. Sabatello, IV, Esq., Greenberg Traurig

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Michael J. Sabatello
"If the Bill becomes law, it will: ...eliminate the requirement that the section 558.005(2), F.S. notice be included in every contract, and will only impose the Chapter’s dispute resolution procedures when the section 558.005(2), F.S. notice is included in the contract."

The Florida Legislature recently passed HB1899 during its 2004 regular session which awaits Governor Bush’s action. If the Bill becomes law, it will: 1) eliminate the requirement that the section 558.005(2), F.S. notice be included in every contract, and will only impose the Chapter’s dispute resolution procedures when the section 558.005(2), F.S. notice is included in the contract; 2) revise the required notice provided in 558.005(2),F.S.; 3) modify the Chapter’s procedures for making and responding to a construction defect claim; and 4) clarify that the Chapter applies to claims made for a home and the common areas owned by a condominium, cooperative or homeowners’ association. The new provisions will apply to contracts entered into on and after July 1, 2004.

If the Bill is approved, the new section 558.005(2), F.S. disclosure will be as follows:

CHAPTER 558 NOTICE OF CLAIM

CHAPTER 558, FLORIDA STATUTES CONTAINS IMPORTANT REQUIREMENTS YOU MUST FOLLOW BEFORE YOU MAY BRING ANY LEGAL ACTION FOR AN ALLEGED CONSTRUCTION DEFECT IN YOUR HOME. SIXTY DAYS BEFORE YOU BRING ANY LEGAL ACTION, YOU MUST DELIVER TO THE OTHER PARTY TO THIS CONTRACT A WRITTEN NOTICE REFERRING TO CHAPTER 558 OF ANY CONSTRUCTION CONDITIONS YOU ALLEGE ARE DEFECTIVE AND PROVIDE SUCH PERSON THE OPPORTUNITY TO INSPECT THE ALLEGED CONSTRUCTION DEFECT AND TO CONSIDER MAKING AN OFFER TO REPAIR OR PAY FOR THE ALLEGED CONSTRUCTION DEFECTS. YOU ARE NOT OBLIGATED TO ACCEPT ANY OFFER WHICH MAY BE MADE. THERE ARE STRICT DEADLINES AND PROCEDURES UNDER THIS FLORIDA LAW WHICH MUST BE MET AND FOLLOWED TO PROTECT YOUR INTERESTS.

 

© 2004 Greenberg Traurig


Additional Information:

For more information, please review our Real Estate Practice description, or feel free to contact one of our attorneys.


This GT ALERT is issued for informational purposes only and is not intended to be construed or used as general legal advice. Greenberg Traurig attorneys provide practical, result-oriented strategies and solutions tailored to meet our clients’ individual legal needs.