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Resolving A Construction Defect Claim Could Get More Difficult

When a Florida property owner discovers a construction defect, getting the matter resolved is no simple process. In fact, it seems to be getting more and more difficult.

Florida’s construction defect law went through a substantial overhaul in 2015. Among the changes were more detailed written notice requirements for claimants. Now, a bill has been introduced in the Florida Senate that calls for further changes to written notice requirements, as well as to other aspects of construction defect claims.

SB 1164 Calls For Major Changes

According to an article from Lexology, the new bill, SB 1164, would make written notice requirements even stricter. First of all, the property owner would need to sign the notice. Previously, the property owner’s attorney was allowed to sign. Furthermore, the notice must contain sufficient details. If it does not, the notice could be deemed invalid and the property owner would not be allowed to move forward with the construction defect claim.

SB 1164 also calls for changes to the construction defect litigation process itself. Perhaps the biggest change here is a mediation requirement. Prior to rejecting a settlement offer, a property owner would be required to explain why the offer was not sufficient and go through mediation to resolve the issue.

What Does This Mean For Property Owners?

Home owners, commercial property owners and other property owners need to take care in how they proceed after discovering a construction defect. The services of an attorney experienced in construction defect claims may prove beneficial, as the attorney will understand the exact requirements and can navigate them efficiently in pursuit of a resolution for you.

At Heekin Litigation Group, we are focused on construction law matters. We take great care to remain at the forefront of changes in the law to ensure that there are no missteps and your case is handled effectively.


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