The Legislature finds it necessary in the interest of the public safety and welfare, to prevent damage to real and personal property, to avert economic injury to the residents of this state, and to regulate persons and companies that hold themselves out to the public as qualified to perform mold-related services. That is the legislative [...]
Category Archives: Florida Construction Law
Legislative Update: Status of the proposed revisions to Florida’s mold assessor/remediator law
Florida House Bill 0713, which seeks to amend the law in Florida regarding licensure and governance of mold assessors and remediators, is on its way to Governor Crist for review. On April 30, 2010 the Bill passed the Florida Senate 39-0 (it previously passed the House 114-0) and was ordered enrolled. Stay tuned for an [...]
Florida’s construction defect notice law and associations representing more than 20 parcels
In previous blog posts we examined both the importance of condominium associations having an independent engineering report at turnover, and the construction defect claims process as outlined in Chapter 558 of the Florida Statutes. However, when making a claim for construction defects in Florida, a different set of time periods apply under Chapter 558 if [...]
3 new blog posts on deck for January
We had so much fun throughout the year bringing you new and interesting articles through our blog site, that we decided to take December off (just our blog posts, of course, the office is still open) and prepare a great start to the new year: 3 new blog posts! Stay tuned in January 2010 for [...]
Florida Appeals Court Orders Immediate Release of ILSA Refund to Buyers
(Originally published on November 9, 2009 at blog.molderlegal.com) Florida new construction buyers fighting with their developer over who gets to keep the deposit may get some well-needed relief in Court these days, thanks to a recent decision from the Third District Court of Appeals. On October 21, 2009, the Third DCA (with appellate jurisdiction that [...]
Florida Court holds that condominium association is successor to developer and can recover for construction defects from performance bond surety.
(Originally published on November 8, 2009 at blog.molderlegal.com) On October 30, 2009, Florida’s First District Court of Appeals held, in Marseilles Condominium Owners Association, Inc. v. Travelers Casualty and Surety Company of America, that a condominium association can sue and recover from a performance bond surety for construction defects arising out of construction of the [...]
The importance of an independent engineer for newly turned-over condominium associations in Florida.
(Originally posted on October 17, 2009 at blog.molderlegal.com) It’s been about a year since you closed on your brand new Florida condominium unit. You receive a notice from the developer-controlled association that the association is being turned over to the unit owners at an upcoming meeting, and you put your name down as a candidate [...]
Is your construction contract hurricane-ready?
(Originally published on September 12, 2009 at blog.molderlegal.com) Florida’s 2009 hurricane season is well under way and, for both this and upcoming hurricane seasons, Florida owner’s, contractors, and other construction-industry players should be well aware of the many ways that a construction contract can be made hurricane-ready. From issues dealing with shoring up the project, [...]
Recent Changes to Florida’s Pre-Suit Process for Construction Defect Claims
(Originally published on September 8, 2009 at blog.molderlegal.com) Chapter 558 of the Florida Statutes was enacted in 2003 in order to provide the design and construction industry with pre-suit notice and opportunity to cure before a claimant can file a lawsuit for construction defects. Under the statute, before a claimant can file a lawsuit against a [...]
Welcome to our Florida Construction Law section!
(Originally published on August 29, 2009 at blog.molderlegal.com) Welcome to our Florida Construction Law section! This topic thread is intended to cover many issues pertaining to construction law and litigation in Florida, including the following: Contract negotiation & drafting Construction defect claims (including drywall defect claims) Lien & bond claims (including performance and payment bond surety [...]
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