Florida Statutes 558.001 – Legislative findings and declaration
Current as of: 2023 | Check for updates
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Terms Used In Florida Statutes 558.001
- Claimant: means a property owner, including a subsequent purchaser or association, who asserts a claim for damages against a contractor, subcontractor, supplier, or design professional concerning a construction defect or a subsequent owner who asserts a claim for indemnification for such damages. See Florida Statutes 558.002
- Construction defect: means a deficiency in, or a deficiency arising out of, the design, specifications, surveying, planning, supervision, observation of construction, or construction, repair, alteration, or remodeling of real property resulting from:(a) Defective material, products, or components used in the construction or remodeling;(b) A violation of the applicable codes in effect at the time of construction or remodeling which gives rise to a cause of action pursuant to…. See Florida Statutes 558.002
- Contractor: means any person, as defined in…. See Florida Statutes 558.002
- Design professional: means a person, as defined in…. See Florida Statutes 558.002
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- property: means land that is improved and the improvements on such land, including fixtures, manufactured housing, or mobile homes and excluding public transportation projects. See Florida Statutes 558.002
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- Subcontractor: means a person, as defined in…. See Florida Statutes 558.002
- Supplier: means a person, as defined in…. See Florida Statutes 558.002
The Legislature finds that it is beneficial to have an alternative method to resolve construction disputes that would reduce the need for litigation as well as protect the rights of property owners. An effective alternative dispute resolution mechanism in certain construction defect matters should involve the claimant filing a notice of claim with the contractor, subcontractor, supplier, or design professional that the claimant asserts is responsible for the defect, and should provide the contractor, subcontractor, supplier, or design professional, and the insurer of the contractor, subcontractor, supplier, or design professional, with an opportunity to resolve the claim through confidential settlement negotiations without resort to further legal process.