Florida

Possible changes in store for construction defect lawsuits in Florida

Lawmakers could continue moving forward next week with a proposal that would shorten the time for residents to file lawsuits about construction defects in their homes.

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The House Regulatory Reform & Economic Development Subcommittee is scheduled Feb. 7 to take up the bill (HB 85), which cleared the House Civil Justice Subcommittee last week.

The most-controversial part of the proposal deals with lawsuits about “latent” construction defects — essentially defects that can remain hidden from homeowners for years. Under current law, homeowners can file lawsuits about latent defects up to 10 years after they take possession of the property or other events occur, such as the issuance of certificates of occupancy, whichever happens later.

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But the bill, sponsored by Rep. John Snyder, R-Stuart, would change that to seven years. It also would change the events to include such things as issuance of temporary certificates of occupancy and would start the clock with whichever event happens earliest.

The bill is filed for consideration during the legislative session that will start March 7. Similar bills sparked debate during the 2022 legislative session but did not pass.

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