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Governor Scott Signs HB 377 Bill

Florida Gov. Rick Scott recently signed the HB 377 bill.

This is a GENERAL BILL by Judiciary Committee ; Civil Justice and Claims Subcommittee ; Leek ; (CO-INTRODUCERS) Renner

The bill provides limitations on Actions other than for the Recovery of Real Property; Specifies date of completion for specified contracts for limitation of action purposes.

Here is the official bill summary from the Florida Senate Judiciary Committee:

Existing s. 95.11(3)(c), F.S., specifies the 4-and 10-year limitations periods or statutes of repose for bringing an action alleging a construction defect or latent construction defect. In some cases, the limitations periods begin on the “date of completion . . . of the contract between the professional engineer, registered architect, or licensed contractor and his or her employer.”

Completion of the contract, according to an appellate court opinion, requires the completion of construction and the submission of the final payment required by the contract. Thus, delays in payments by a customer can extend a contractor’s liability for construction defects.

As a response to the appellate court opinion, the bill defines completion of the contract as the “later of the date of final performance of all the contracted services, or the date that final payment for those services becomes due.” This new definition will prevent a customer’s delay in making a required payment from extending a contractor’s liability for construction defects.

 

Disclaimer: This article is for general informational purposes only and should not be construed as legal advice or a legal opinion on specific facts or circumstances nor a solicitation of legal business. You are urged to consult an experienced lawyer concerning your particular actual situation and any specific legal questions you may have. No attorney-client relationship attaches as a result of any exchange of information.

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