June Florida Construction Law UpdateJune 3, 2022 – Articles
In May, Florida’s legislature met for a special session to address issues with property insurance claims and rates within the state. While much of the focus has been on the impact on homeowners resulting from statutes enacted during that session, one new change will significantly impact Florida’s building code as it relates to roof repairs and the amount of the roof that must be brought up to code when making repairs. Click above to read more.
It is now common to see arbitration provisions in construction contracts, but a recent court ruling reflects that the requirement to arbitrate may only exist between a contractor and its immediate contracting party rather than a subsequent purchaser. Further, developers who build multi-family projects may also run into problems when attempting to force an association acting as a representative of the entire community to arbitrate claims. Click bove to read more.
Florida’s construction lien laws require a contractor to serve a contractor’s final payment affidavit “at least five days” before filing a lawsuit to enforce the lien. A general contractor recently had its lien rights reinstated when a court clarified how the number of days between the service of the affidavit and the filing of the lawsuit should be calculated and reversed a dismissal of the contractor’s lawsuit. Click above to read more.