Causes of Action Based on Improvements to Real Property
The amendments proposed in HB 0085 are expected to clarify the timeline for parties seeking to initiate lawsuits related to construction defects. By clearly defining when claims can be filed and establishing a maximum 10-year period for lawsuits from the date of completion or occupancy, the bill aims to streamline the legal process for construction professionals and property owners alike. This could lead to a reduction in prolonged legal disputes over construction defects, ultimately benefitting the real estate and construction industries by promoting faster resolutions to disputes.
House Bill 0085, known as the Causes of Action Based on Improvements to Real Property, seeks to amend existing Florida laws related to the statute of limitations for actions arising from the design, planning, or construction of improvements to real property. The bill aims to revise the conditions under which the statute of limitations begins to run, focusing specifically on ownership and occupancy events, and establishing requirements for multiple building improvements. Additionally, it stipulates that actions based on latent defects must be initiated within a specific timeframe after such defects are discovered or should have been discovered through due diligence.
The sentiment surrounding HB 0085 appears to be largely supportive among construction industry stakeholders who view these amendments as a means of reducing litigation uncertainty and encouraging more efficient building practices. However, there are concerns among consumer advocacy groups about potential risks for homeowners. They argue that limiting the time frame for legal claims could disadvantage consumers facing issues with latent defects discovered after the statutory period has expired.
Notable points of contention include the balance between protecting homeowners' rights to seek redress for construction defects and the interests of construction businesses seeking to limit their liability. Critics of the bill feel that the proposed changes could lead to situations where homeowners are unable to seek compensation for serious construction deficiencies after the new statutory limits have passed. The ongoing debate reflects a critical dialogue on how best to protect both consumer interests and the viability of the construction industry in Florida.