House Bill 1295 amends Florida Statutes concerning construction defects to enhance the resolution process for disputes 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 associations 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 the obligations of claimants and those served with notice regarding inspections and repairs, ensuring that claimants grant access for repairs if they accept a remedy offer.

Additionally, the bill requires that any written contract for property improvement includes a notice about the applicability of Chapter 558's notice and cure provisions for construction defect claims, although there are no penalties for failing to include this notice. It establishes a framework for managing costs related to defective conditions, requiring parties to deposit funds into an escrow account for remediation, which can only be released upon certification of repairs by a licensed third-party engineer. Any remaining funds 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