House Bill 1295 amends Florida Statutes concerning construction defects to enhance the dispute resolution process and clarify the roles of involved parties. The bill specifies that deviations from original construction plans are not considered defects and revises notice requirements for claimants, who must now provide detailed descriptions of alleged defects and their locations. For claimants representing more than 20 parcels, the bill mandates preaction mediation and the deposit of funds into an escrow account for managing claims. It also outlines procedures for inspections and repairs, ensuring reasonable access for those responsible for addressing defects and allowing claimants to pursue legal action if repair offers are not complied with.

Additionally, the bill introduces new provisions for the notice of claim process, requiring written agreements for preaction mediation when defects are clearly defined. It stipulates that contracts for property improvements must include a notice regarding the claims for construction defects, although failure to include this notice does not incur penalties. The bill establishes a framework for managing funds related to alleged defects, requiring parties to deposit agreed-upon costs into an escrow account, which can only be released for repairs as determined by a settlement. A licensed third-party engineer or construction management entity must confirm the completion of repairs, and any remaining funds in the escrow account after remediation must be returned to the payor. The act is set to take effect on July 1, 2025.

Statutes affected:
H 1295 Filed: 558.001, 558.002, 558.003, 558.005