What do you do when the need for emergency repairs arises when commencing or complying with Chapter 558 pre-suit requirements? For example, say you are a residential property owner and have water coming through your roof and/or skylights, along with other roof construction defects.
Florida SB 1246 (related HB 911) seeks major changes to Florida’s construction defect law, Chapter 558, Florida Statutes, including repealing the pre-suit notice and opportunity to repair requirements (notice of claim, reasonable inspection of the property, and settlement offers) and requiring
“Damage control” is often associated with measures taken to offset or minimize damage to reputation, credibility, or public image caused by a controversial act, remark, or revelation. However, the concept of damage control has been and continues to be prevalent in construction cases. The doctrine of “avoidable consequences”, also sometimes
Hurricane season begins on June 1. Construction companies have a legal obligation to exercise reasonable care to protect and secure their job sites in anticipation of severe weather. Unsecured construction debris, tools, equipment or materials can be blown from the site and strike other property or persons. Taking reasonable precautions can help prevent
In my March 1, 2017 blog, I discussed how Florida SB 1164 seeks major changes in Florida's construction defect law, including requiring contractors to notify subcontractors of an owner’s notice of defects, requiring notice to and acknowledgment from owners of the risks and benefits of accepting or rejecting repair offers, requiring the claimant or agent
Renovation is underway again on Florida’s construction defect law, Chapter 558 of the Florida Statutes. Florida’s construction defect law requires the owner of real property in Florida to provide contractors, developers and other construction parties with a formal written notice of potential construction defects and the reasonable opportunity to fix the defects before a construction defect lawsuit is filed.
A recent Florida appellate opinion is likely to have a material impact on how future commercial real estate leases are drafted. Florida landlords wishing to avoid tenants’ defenses for nonperformance based on the doctrines of frustration of purposes, impracticality, or impossibility of performance should now more carefully assess how particular future events can affect a tenant’s performance and assign that risk to tenants in a lease.
The Fifth District Court of Appeal will soon decide whether sending a pre-suit notice of construction defects under Florida’s Construction Defect Statute, Section 558, Florida Statutes, commences a construction defect action and simultaneously tolls the 10-year statute of repose.
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