Under a new law effective May 27, 2003, owners of dwellings in Florida must give contractors notice and an opportunity to cure construction defects before filing suit.1 The new statute also requires contracts for the sale, design, construction or remodeling of residential property to contain special language. The law only applies to residential dwellings, and to certain kinds of defects. It establishes a rigid timeframe that both parties must follow to preserve their rights. In theory, the law should reduce litigation by requiring the parties to try to resolve their differences before heading to court. In practice, it may not be that simple.
The new law applies only to dwellings. "Dwellings" include single-family homes, multi-family buildings, and condominiums, including common areas, but not commercial structures. "Claimants" required to give notice of defects under the law include original purchasers, subsequent purchasers, renters and associations, but not contractors.
