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Construction Law Authority / Cases  / Common Law Implied Warranties and SB 1196

Common Law Implied Warranties and SB 1196

With the legislative session in full swing it appears that  SB 1196 and its companion HB 1013, are being pushed to wipe out common law implied warranties relating to residential construction.  These bills are reaction to the recent opinion in Lakeview Reserve Homeowners v. Maronda Homes, Inc., 48 So. 3d 902 (Fla. 5th DCA 2010).

As noted previously, these bills:

        – would negatively impact homeowner associations, condominiums, co-ops, timeshares and mobile home parks as the term “home” is an all-encompassing term.

        – Ignores the fact that most new residential dwellings are built in planned communities

        –  Expose homeowners to liability to repair defective construction and design for which they have no recourse

       – Homeowners who fail to pay their assessments for these repairs can have their homes foreclosed upon

       – Will result in homeowners being stuck with shoddy construction with no remedy

SB 1196 has been noticed for public hearing before the community affairs committee on Monday January 23, 2012, at 10am, and per the agenda will be item #16 to be considered. Once past this committee the bill will move to the judiciary and budget committees, although those hearings have not yet been noticed. 

Sanjay Kurian

Sanjay Kurian

skurian@bplegal.com

Sanjay Kurian is a Board Certified Construction Lawyer and is a member of the Firm’s Construction Law and Litigation group. He is AV Rated Preeminent by Martindale-Hubbell. He has also been selected again as a Super Lawyer in 2017, which is a recognition by his peers of the top 5% of lawyers in Florida.

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