– The proposed legislative changes to Florida Statute Chapter 558 include specific information to be included in the notice of claim, frivolous claims, sanctions, and the exchange of documents.
– The notice of claim under Section 558.004 must sufficiently identify the specific location and factual basis for each alleged defect, as well as identify the building code provisions, project plans, specifications, project drawings, or other documentation serving as the basis for each defect.
– The failure to include this information in the notice of claim is prima facie evidence of a defective notice of claim.
– The proposed changes also require the responding party to provide a statement of willingness to settle through a monetary offer, the amount of the settlement offer, and a timetable for payment of the settlement funds. – Florida law provides for monetary sanctions for frivolous claims and lawsuits.
– The proposed legislative changes to Chapter 558 include a provision for sanctions for frivolous claims.
– During the Chapter 558 process, parties are required to exchange documents, including photographs, videos, plans, specifications, and expert reports.
– The proposed legislative changes also require the claimant to provide maintenance records and other documents related to the alleged defects identified in the notice of claim.
https://www.jimersonfirm.com/blog/2015/03/florida-statute-chapter-558-changes-are-brewing/
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