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, particularly for associations with over 20 parcels. Claimants must provide detailed descriptions of alleged defects and allow reasonable access for inspections and repairs. It also introduces preaction mediation for larger associations and requires funds to be deposited into an escrow account for managing claims, emphasizing the necessity of obtaining building permits and passing inspections under the Florida Building Code.

Additionally, the bill mandates that written contracts for property improvements include a notice regarding the claims for construction defects, although there are no penalties for failing to include this notice. It establishes a process for managing costs related to alleged defects, requiring parties to agree on responsibility and deposit funds into an escrow account, with conditions for fund release for repairs. A third-party licensed engineer or construction management entity must verify the completion of repairs, and any remaining funds in the escrow account will be returned to the payor after the work is completed. The act is scheduled to take effect on July 1, 2025.

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