Jessica Zelitt | Construction Executive On April 13, 2023, Florida Gov. Ron DeSantis signed Senate Bill 360 into law. This legislation alters the time period for bringing forward construction-defect lawsuits, as well as modifies the current private right of action against a contractor for violation of the Florida Building Code. First, SB 360 amends §… Continue reading New Florida Bill Shortens Time for Construction-Defect Lawsuits
Tag: Florida
Insurers May be on-the-hook for Pre-Suit Attorney’s Fees, but Can Avoid Them by Considering Pre-Suit Settlement
Vincent Fernandez, Jamal McBroom, Michael Montgomery and Samantha Wuschke | Butler Weihmuller Katz Craig Tendering policy limits to an insured in response to a Notice of Intent to Litigate, under section 627.70152, Florida Statutes (2021), precludes insureds from recovering pre-suit attorney’s fees from their property insurers in a subsequently filed litigation for the same claim.… Continue reading Insurers May be on-the-hook for Pre-Suit Attorney’s Fees, but Can Avoid Them by Considering Pre-Suit Settlement
Pith? Perfect for Lienors, Not So Much for Landlords: Protecting Rights When Improvements Are Made to Commercial Tenancies
Jennifer P. Sommerville and Todd F. Kobrin | Shutts Have you ever heard the strange term “pith of the lease”? This odd designation, apparently unique to Florida law, describes improvements to commercial tenancies that are essential or “vital to the lease’s perpetuality.”[1] Generally, a construction lien extends only to the “right, title and interest of… Continue reading Pith? Perfect for Lienors, Not So Much for Landlords: Protecting Rights When Improvements Are Made to Commercial Tenancies
Florida Enacts Property Insurance Overhaul for Benefit of Policyholders
Laura Farrant and Bradley S. Fischer | Lewis Brisbois On June 1, 2023, Governor Ron DeSantis signed into law CS/SB 7052 (the Act), increasing consumer protection and insurer accountability in Florida. The newly enacted and amended statutes under CS/SB 7052 bolster policyholder protections and impose greater insurer oversight, including heightened penalties for insurer misdeeds in… Continue reading Florida Enacts Property Insurance Overhaul for Benefit of Policyholders
Improvement or Malpractice? Florida Court of Appeals Addresses Applicable Statute of Limitations
Kyle Rice | The Subrogation Strategist In Am. Auto. Ins. Co. v. FDH Infrastructure Servs. LLC., No. 3D22-1143, 2023 Fla. App. LEXIS 3662, the Court of Appeals of Florida, Third District (Court of Appeals) addressed whether Florida’s two-year statute of limitations governing professional malpractice actions or four-year statute of limitations governing improvements to real property was… Continue reading Improvement or Malpractice? Florida Court of Appeals Addresses Applicable Statute of Limitations