FL H0087

Claimants must serve written notice of construction defect claims at least 60 days before filing an action, or 120 days for actions involving associations representing more than 20 parcels, on the contractor, subcontractor, supplier, or design professional responsible for the defect and their insurer.

Notice of claim must describe the alleged defect in reasonable detail, identify the location of each defect based on visual inspection, and specify any resulting damage or loss, with no requirement for destructive testing.

Defendants must respond within 15 days (30 days for associations with more than 20 parcels) with inspection findings, repair offers or dispute statements, and a repair completion timetable, choosing from specified offers or statements in the law.

Parties must exchange design plans, specifications, photographs, videos, expert reports, subcontracts, purchase orders, and maintenance records within 30 days upon written request, with expert reports excluded from use in subsequent litigation unless the expert testifies as a witness.

Providing notice to an insurer does not constitute an insurance claim unless the policy terms specify otherwise, and the act takes effect October 1, 2015.