1. Section 718.301(7), Florida Statutes requires that any claim against a developer for construction defects in a condominium must be examined and certified by a licensed Florida engineer, design professional, contractor, or other licensed entity.
2. This requirement does not apply to claims against the contractor or subcontractors, unless they share a common identity with the developer.
3. The burden is on the condominium association to plead compliance with this requirement in their construction defect complaint, and the developer must specifically deny any unfulfilled conditions precedent. 1. The statute lacks guidance on the process for condominium construction defect examination and certification.
2. It does not specify when the report should be obtained before filing a lawsuit.
3. There are no penalties outlined for initiating a condominium construction defect action without the examination and certification.
4. There is no private right, cause of action, or defense expressly created by this provision.
5. Legislative revisions may provide some direction for this statutory provision.
6. The lack of Florida case law interpreting this provision suggests it is rarely an issue in condominium construction defect actions.
7. The examination and certification are typically performed when serving the Notice of Construction Defects.
8. The statute does not address using the developer’s report during the inspection period.
9. Condominium associations should have the examination and certification well in advance of initiating a construction defect lawsuit.
https://www.jimersonfirm.com/blog/2012/12/condominium-construction-defect-certification-under-718-3017-florida-statutes/
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