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Construction Law Authority / Legislation  / Orlando Sentinel Editorial Opposes HB 1013

Orlando Sentinel Editorial Opposes HB 1013

The Orlando Sentinel Editorial page of April 4, 2012, has come out in opposition to HB 1013, the anti-common law implied warranty legislation.  The editorial is reprinted in part below. To view the full editorial please follow the link.  Do not forget to contact the Governor’s office to veto this legislation. 

Editorial Below-

When a leaking underground drainage system pitted roads and driveways and created sinkholes in lawns at aWinter Garden subdivision, homeowners sued the developer to cover the damage and repair costs. After conflicting rulings in lower courts, the case reached the Florida Supreme Court, which heard arguments on it in December.

But before the justices had issued a ruling, the Florida Legislature stepped in like Judge Judy and moved to decide the case — and any future ones like it — in favor of the developer.

Lawmakers often carp about being pre-empted or overruled by "activist judges." But in this case, lawmakers trumped the judges.

Lobbied by the Florida Home Builders Association, the Legislature passed a bill during this year’s legislative session that invalidated the legal basis behind the homeowners’ lawsuit. And lawmakers made the legislation retroactive, to include the pending case pitting the Lakeview Reserve Homeowners Association against Maronda Homes Inc., even though both House and Senate legislative analysts warned that doing so might be unconstitutional.

The bill is on its way to Gov. Rick Scott’s desk. If he signs it, the Winter Garden homeowners likely will get stuck with the bill for re-engineering and repairing their subdivision’s faulty drainage system, at $3,800 per house. And homeowners who find themselves in a similar predicament in the future will have fewer options in seeking compensation.

http://www.orlandosentinel.com/news/opinion/os-ed-florida-legislature-lawsuits-040412-20120403,0,841353.story

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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