CLM Construction Article – Baby Steps, Florida’s Right to Repair, Summer 2021 by Florida Partner Katherine Klapsa

Sep 1, 2021

Baby Steps – Proposed Amendments to Florida’s Right to Repair Act Are a Good Start, But Not Enough

Florida’s Right to Repair Act (Florida Statutes Chapter 558 et seq.) contains a glaring omission that has frustrated both homebuilders and insurers since the statute was first signed into law in 2003. The Act does not require homeowners who settle with, or obtain a judgment against, their homebuilder in connection with an alleged construction defect to actually spend the proceeds from that resolution on repairing the defect. Indeed, homeowners have been known to spend these proceeds on luxury items, vacations, new cars, and practically anything else other than repairing the alleged defect that prompted the claim.

When a homeowner elects not to repair alleged construction defects in their home, it potentially exposes homebuilders, subcontractors and insurers to additional liability to future owners of their home.

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