Florida House Bill H1295

Florida 2025 Regular Session

• Introduced: 2/27/25
• Refer: 3/5/25

Caption

Construction Defects

Impact

If enacted, HB 1295 would have significant implications for property owners and developers in Florida. The bill mandates that any claimant asserting a defect must provide a detailed notice of claim that identifies the nature of the defect and any resultant damages. This process is designed to facilitate early resolutions and encourage mediation prior to legal actions. By setting clear guidelines around the notification of claims, the bill seeks to streamline the dispute process, potentially reducing the number of cases that escalate to court.

Summary

House Bill 1295, introduced in the Florida House of Representatives, focuses on the management of construction defects. This bill aims to amend several sections of Florida's statutes governing how claims related to construction defects are handled. Specifically, it proposes revisions to ensure that deviations from initial construction plans are not classified as defects, which can help to clarify contractor responsibilities and reduce litigation.

Contention

However, the bill has drawn criticism for possibly limiting the rights of property owners to seek remedies for legitimate issues. Stakeholders, particularly from consumer advocacy groups, argue that the provisions could allow developers and contractors to evade accountability for substandard construction practices. Another contentious aspect is the requirement for claimants to agree to mediation before pursuing legal action, which some see as a barrier to accessing the court system. The balance between protecting property owners' rights and giving fair avenues for developers remains a focal point in discussions surrounding the bill.