Jedidiah Vander Klok, Jordan Lewis and Scott Newman | Kennedys On March 24, 2023, Florida passed a sweeping tort reform bill into law, making major changes to civil litigation in the state. In anticipation of the Governor signing the bill into law, the number of new cases initiated throughout the state in March 2023 was… Continue reading An In-Depth Look at Changes Impacting Insurers Arising from Florida’s New Tort Reform Act
Tag: Florida
Florida’s New Civil Remedies Act – Bulletpoints as to How it Impacts Construction
David Adelstein | Florida Construction Legal Updates There has been much talk about Florida’s new Civil Remedies Act (House Bill 837) that Governor DeSantis approved on March 24, 2023. As it pertains to construction, here is how I see it with key bulletpoints on the impact this new Act has on the construction industry: When one of your… Continue reading Florida’s New Civil Remedies Act – Bulletpoints as to How it Impacts Construction
A Matter of Means and Methods: Florida Appellate Court Upholds Retroactive Presuit Notice Requirement
Vincent Fernandez and Shaheen Nouri | Butler Weihmuller Katz Craig The presuit notice requirements of section 627.70152, Florida Statutes, are procedural in nature and, therefore, apply retroactively to insurance policies existing at the time the law was enacted (July 1, 2021). Herman Cole v. Universal Prop. & Cas. Ins. Co., No. 4D22-1054 (Fla. 4th DCA May… Continue reading A Matter of Means and Methods: Florida Appellate Court Upholds Retroactive Presuit Notice Requirement
Florida Shortens Time to File Construction Claims and Imposes Materiality Requirement for Building Code Violations
Ralf Rodriguez | Cozen O’Connor On March 24, 2023, and April 13, 2023, Governor Ron DeSantis signed House Bill 837 and Senate Bill 360 into law, respectively. These new legislative amendments change Florida’s litigation landscape by shortening the statute of limitations for general negligence claims and the statute of repose for construction claims and altering… Continue reading Florida Shortens Time to File Construction Claims and Imposes Materiality Requirement for Building Code Violations
Filing Motion to Increase Lien Transfer Bond (Before Trial Court Loses Jurisdiction Over Final Judgment)
David Adelstein | Florida Construction Legal Updates If a construction lien is recorded against real property, the lien can be transferred to a lien transfer bond. This transfers the security or collateral of the construction lien from the real property to the lien transfer bond. The lien transfer bond can be a bond posted by a surety company… Continue reading Filing Motion to Increase Lien Transfer Bond (Before Trial Court Loses Jurisdiction Over Final Judgment)