[RPPTL-constructionlaw] Legislative Position on SB 736

[RPPTL constructionlaw]

All,

The CLC Legislative Subcommittee met today, Friday November 19, 2021 concerning the attached piece of legislation, SB 736.  The legislative subcommittee reviewed and debated the pros and cons of the attached bill. Specifically, everyone on the legislative subcommittee agreed that the proposed changes to Chapter 558 were not helpful and that such changes should be wholesale opposed. Following that discussion, there was a discussion concerning the portion of the proposed bill that addressed the statute of repose that effectively makes the statute of repose equal to the 4-year statute of limitations for construction defects. The legislative subcommittee members agreed that a 4-year statute of repose is far too short.  Moreover, the legislative subcommittee is not aware of anything presented with the bill – in the nature of facts or data – to suggest why the elimination of a 10 year statute of repose in favor of a 4 year statute of response is appropriate. Instead, the legislative subcommittee members agreed that there needs to be some data or engineering reports that would support the shortening of the statute of repose, along with a survey, perhaps, of other states’ statute of repose for comparison purposes, so that a change could be considered, especially in light of the potential negative impact on consumers’ and building owners’ ability to obtain recovery for defective construction within such a shortened statute of limitations.

At the end of the discussion, Sanjay Kurian made a motion that the CLC should object and oppose SB736 as a whole. The motion was seconded. The motion passed with one vote in opposition. The vote in opposition only asserted that the bill in its current form should be opposed, but that the portion of the bill addressing the statute of repose should be modified in favor of a little lengthier statute of repose.

Sanjay’s motion passed.

As such, at this time, we have before the full Construction Law Committee the legislative subcommittee’s recommendation to oppose SB736 in its entirety.  As chair, I am putting this matter up to a vote by the full membership of the committee.  The link to vote is here<https://docs.google.com/forms/d/e/1FAIpQLSeLDvEsalQ2jnSzZE9h5OtL_hFcEgivCZaUIIODuZqFKz5neQ/viewform>.

Please vote by e-mail by close of business Monday November 22, 2021.

Thanks,
Reese


Reese J. Henderson, Jr.
Shareholder
Florida Bar Board Certified in Construction Law
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