Becker’s Ft. Myers Office Managing Shareholder Sanjay Kurian was quoted in the Daily Business Review article titled, “New Florida Insurance Law Is Poised to Put a Damper on Property Claims Litigation.” To read the full article, please click here. Sanjay Kurian is Florida Bar Board Certified in Construction Law and is recognized by leading legal […]
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“Fla. Construction Defect Bill Would Hurt Consumer Interests” – Law360
Last year, Florida politicians attempted to weaponize Chapter 558 of the Florida Statutes and eviscerate the cause of action for violations of the Florida Building Code. Thankfully, that legislation died in committee and never saw the light of day. Unfortunately, through H.B. 583 filed by Rep. Clay Yarborough, R-Jacksonville, and S.B. 736 filed by Sen. […]
Read MoreThe Construction Lawyer’s Guide To Chapter 558, Florida Statutes: A Practical Checklist
This checklist will assist counsel when evaluating compliance with Florida’s Construction Defects Statute, Chapter 558, Florida Statutes (“FCDS”). These issues arise frequently and must always be considered when claims for defective design/construction are pursued and defended. First conceived in 2003, the FCDS has undergone several revisions and constantly poses new legal challenges for property owners, […]
Read MoreNew Tactics For Navigating Florida Construction Defects Law
Chapter 558, Florida Statutes requires property owners, contractors and developers to participate in a presuit process to resolve construction defect claims before proceeding to litigation. This legislation and recent case law have posed many challenges to practitioners seeking productive ways to maximize the benefits from the Chapter 558 presuit process. Sometimes it is best to […]
Read MoreCommunity Update, 2013, Volume 6
Design Professional Liability: Strategic Moves to Minimize Risk in Condominium Conversions
Overview of Florida’s Ch. 558 Process for Developers
Construction problems, such as design defects, poor workmanship, code violations and the like could arise after any construction project, and may signal the beginning of a construction defects claim. Chapter 558, Fla. Stats. is Florida’s pre-suit notice and right to cure procedure, which applies before property owners assert a claim for damages against a developer, […]
Read MoreOverview of the Ch. 558 Process for Property Owners
Owners are responsible for monitoring their property for signs of construction problems, which may include design defects, poor workmanship, code violations and the like. Problematic conditions could arise during or after any construction project, such as roof repair and/or replacement, concrete restoration, elevator upgrades and repairs, and work on the air conditioning systems, to name […]
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