SB 270 by
Senator Keith Perry
2. Community Affairs
HB 21 by
Representative Alex Andrade
1. Civil Justice & Property Rights
2. Regulatory Reform
SB 270 and HB 21 will attempt to reform a statute that has been amended seven times since its creation in 2003. Signed into law by Governor Jeb Bush, Chapter 558.004 “Notice and Opportunity to Repair” was put in place to provide an alternative method to resolve construction disputes that would reduce the need for litigation and provide contractors, subcontractors, suppliers, design professionals, or an insurer an opportunity to resolve the claim through repair or pre-suit settlement negotiations.
Nearly two decades since its adoption, the notice and opportunity to repair statute has been taken advantage of by a small group of attorneys who provide one-hundred-page notices to contractors that lack specificity, use broad language, and exclude locations of the alleged defect. All with the intent to bypass the opportunity to repair and head to litigation.
SB 270 and HB 21 move the statute closer to its original intent by:
Defining material violation,
Requiring claimants to exhaust warranty options before seeking recourse,
Requiring visible proof with specific detail surrounding the defect,
Providing the claimant to attest that they have personal knowledge of the alleged defect, and
Ensures a notice to mortgage is provided for any 558 claim that resulted in a monetary settlement, including the nature of the defect and whether the defect was repaired following the financial settlement.