HB911 is proposed legislation that would substantially revamp Ch. 558, Florida Statutes, by substantially doing away with pre-suit notice requirements and replace those requirements with mandatory non-binding arbitration to take place within 180 days of the lawsuit being filed.
Notably, the new provisions would apply not only to completed projects (like the current version) but also to ongoing projects.
Impact of HB911 on Florida Construction Defect Insurance Claims
For insurance carriers, the legislation would likely end any dispute as to whether the 558 proceedings constitute a suit or civil proceeding for which coverage must be provided because the claimant will simply be able to proceed with filing the lawsuit and invoke coverage from the outset. This, of course, would effectively eliminate the original purpose of Ch. 558 which was to facilitate resolution without the need for filing a lawsuit.
This proposed legislation has not been well received by our statewide construction lawyers legislative subcommittee and we have agree to recommend disapproval. We will keep you advised of any new developments. If you have any questions, please feel free to contact me at matthew.belcastro@henlaw.com or by phone at 239-344-1205.