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
Tag: Florida
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
The Continued Question Of Disinterested Appraisers For Florida Appraisals
William Collum and Michael Rainey | Butler Weihmuller Katz Craig In most circumstances involving an insurer’s extension of coverage for a property loss, an appraisal provision in an insurance policy provides an insured and an insurer a mechanism by which to resolve disagreements regarding the amount owed for that loss. If invoked, each party appoints… Continue reading The Continued Question Of Disinterested Appraisers For Florida Appraisals
Eleventh Circuit Finds No “Property Damage” Where Defective Component Failed to Cause Damage to Other Non-Defective Components
Anthony L. Miscioscia and margo Meta | White & Williams In Florida, damage caused by faulty workmanship constitutes “property damage;” however, the cost of repairing or removing defective work does not. Amerisure Mutual Insurance Company v. Auchter Company, 673 F.3d 1294 (11th Cir. 2012) (Auchter). But what happens when the cost of repairing or removing defective work… Continue reading Eleventh Circuit Finds No “Property Damage” Where Defective Component Failed to Cause Damage to Other Non-Defective Components