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 classified as 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 if the defects are clearly defined and acknowledged, and it requires that written contracts for property improvements include a notice regarding the claims being subject to the notice and cure provisions of Chapter 558, Florida Statutes, although there are no penalties for failing to include this notice.

Additionally, the bill outlines the responsibilities of claimants and those served with notice regarding inspections and repairs, emphasizing the need for reasonable access to properties. It establishes a framework for managing funds related to alleged defects, requiring parties to deposit agreed-upon amounts into an escrow account for remediation, with funds released only for approved repairs. A third-party licensed engineer or construction management entity must confirm the completion of repairs, and any remaining funds in the escrow account will be returned to the payor post-remediation. The legislation aims to create a more efficient process for addressing construction defect claims, with an effective date of July 1, 2025.

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