CS/HB 1271 - Construction Defect Claims Summary

• Claimants must serve written notice of construction defect claims at least 60 days before filing suit, or 120 days for associations representing more than 20 parcels, and notice must be personally signed by the claimant.

• The person served with notice has 30 days (or 50 days for large associations) to conduct reasonable property inspections, and claimants and their experts must be physically present to identify alleged defects; destructive testing requires mutual agreement and detailed notice.

• The defendant must serve copies of the notice of claim to other potentially responsible contractors, subcontractors, suppliers, or design professionals within 10 days (or 30 days for large associations) and specify which defects each party is responsible for.

• Claimants receiving settlement offers must accept or reject within 45 days by personally signed written notice; before rejecting, claimants must demand mediation with a certified circuit court mediator, and the statute of limitations is tolled during mediation.

• The statute of limitations is tolled until the later of 90-120 days after notice of claim, 30 days after mediation concludes, or 30 days after the repair/payment period in an accepted offer expires.