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FL H0759

Bill

Status

Failed

3/10/2018

Primary Sponsor

Jay Trumbull

Click for details

Origin

House of Representatives

2018 Regular Session

AI Summary

  • Requires claimants in construction defect actions to serve written notice 60 days before filing (or 120 days for associations with more than 20 parcels), personally signed by the claimant, on the relevant contractor, subcontractor, supplier, or design professional.

  • Allows authorized representatives to act on behalf of business entity claimants, but prohibits representatives from acting on behalf of individual claimants without the claimant's knowledge.

  • Changes requirement for serving notice of claim copies to other professionals from discretionary ("may") to mandatory ("must") within 10 days (or 30 days for large associations).

  • Requires claimants to serve a written demand for mediation before rejecting settlement offers; establishes mediation procedures including selection of certified mediators and location in the county where the property is located, with the offer-making party bearing mediation costs.

  • Tolls the statute of limitations based on the later of: 90-120 days after notice of claim service, 30 days after mediation impasse, 30 days after mediation waiver, or 30 days after repair/payment period if offer is accepted; effective July 1, 2018.

Legislative Description

Construction Defect Claims

Last Action

Died in Judiciary Committee

3/10/2018

Committee Referrals

Judiciary1/10/2018
Civil Justice and Claims Subcommittee12/8/2017

Full Bill Text

No bill text available