[RPPTL-constructionlaw] Legislative Position on SB 736

Mon Nov 22 14:50:02 PST 2021

Thanks Reese.

Bob, we would like an Executive Committee vote to mobilize French and Pete to actively oppose this horrible bill that I know Florida Justice Association is also going to fight.  Can we do that and what do you need from me to start the process?  The bill is already up for committee assignment on Tuesday I believe (French, please correct me if I’m wrong).

Thanks,

Lee

Lee A. Weintraub
Shareholder
Board Certified in Construction Law
Chair, Public Private Partnerships Practice Group
Vice Chair, Construction Law and Litigation Practice Group
Becker & Poliakoff
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From: Reese J. Henderson, Jr. <Reese.Henderson at gray-robinson.com>
Sent: Monday, November 22, 2021 5:47 PM
To: constructionlaw at lists.flabarrpptl.org
Cc: Kightlinger, Wilhelmina <WKightlinger at OldRepublicTitle.com>; Weintraub, Lee <lweintraub at beckerlawyers.com>; Robert S. Swaine Esq. (bob at heartlandlaw.com) <bob at heartlandlaw.com>; French Brown <FBrown at deanmead.com>
Subject: FW: Legislative Position on SB 736

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CLC Membership:  The final tally was 44 “yes” votes to 2 “no” votes.  So the recommendation of the Legislative Subcommittee is adopted as the position of the full Construction Law Committee, which will be communicated to the Executive Council of RPPTL to take whatever further action they deem appropriate.

Reese

Reese J. Henderson, Jr.
Shareholder
Florida Bar Board Certified in Construction Law
Florida Supreme Court Certified Circuit Civil Mediator
 T  904-598-9929
 D  904-632-8459
 F  904-598-9109
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From: Reese J. Henderson, Jr. <Reese.Henderson at gray-robinson.com<mailto:Reese.Henderson at gray-robinson.com>>
Sent: Friday, November 19, 2021 2:42 PM
To: constructionlaw at lists.flabarrpptl.org<mailto:constructionlaw at lists.flabarrpptl.org>
Subject: Legislative Position on SB 736

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
Florida Supreme Court Certified Circuit Civil Mediator
 T  904-598-9929
 D  904-632-8459
 F  904-598-9109
[Mail To]<mailto:Reese.Henderson at gray-robinson.com>[Bio]<https://www.gray-robinson.com/attorneys-professionals/reese-j-henderson-jr>[GR Twitter]<https://twitter.com/grayrobinsonlaw>[GR Facebook]<https://www.facebook.com/GrayRobinsonLaw>[GR LinkedIn]<https://www.linkedin.com/company/grayrobinson-p-a->

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