SPECIALTY ENGINEERING CONSULTANTS, INC., A FLORIDA CORPORATION, PETITIONER,
v.
HOVSTONE PROPERTIES FLORIDA, LLC; HALCO, INC., A FLORIDA CORPORATION; FUTURE CONSTRUCTION TECH, INC., A FLORIDA CORPORATION; AND BRADCO SUPPLY CORPORATION, A FLORIDA CORPORATION, RESPONDENTS
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Florida appellate court affirmed that Chapter 558's presuit requirements for construction defects do not apply when the claimant is both a property owner and contractor, as the statute's definition of 'claimant' excludes contractors.
Chapter 558's presuit requirements do not apply when the claimant is both a property owner and contractor, because the statute's definition of 'claimant' expressly excludes contractors.
[1] A property owner who is also a contractor is not a 'claimant' within the meaning of Chapter 558, Florida Statutes, and therefore is not subject to the statute's presuit r…
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Join FLexlaw to unlock all legal intelligence“'Claimant' means a property owner, including a subsequent purchaser or association, who asserts a claim for damages against a contractor, subcontractor, supplier, or design professional concerning a construction defect or a subsequent owner who asserts a claim for indemnification for such damages. The term does not include a contractor, subcontractor, supplier, or design professional.”
Statutory definition of 'claimant' in section 558.002(3) that excludes contractors from Chapter 558 requirements.
Hovstone Properties Florida, LLC, the owner and contractor of a condominium project, asserted a claim for construction defects against Specialty Engin…
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KLEIN, J.
In Chapter 558, the Florida Legislature created an alternative method to resolve construction disputes involving multiple parcels such as condominiums, co-ops, property owner’s associations, and mobile home parks. Petitioner, who was the defendant in a suit for construction defects, seeks a writ of certiorari to review the trial court order holding that the presuit requirements of Chapter 558, Florida Statutes, did not apply under these facts. We deny the petition.
Respondent Hovstone, the claimant, is both the owner and contractor for this condominium project. The type of claimant which must comply with Chapter 558 is defined in section 558.002(3) as follows:
“Claimant” means a property owner, including a subsequent purchaser or association, who asserts a claim for damages against a contractor, subcontractor, supplier, or design professional concerning a construction defect or a subsequent owner who asserts a claim for indemnification for such damages. The term does not include a contractor, subcontractor, supplier, or design professional.
The trial court ruled that because this owner was a contractor, Chapter 558 did not apply, relying on two federal cases which have held that an owner who is also the contractor is not a claimant as defined in Chapter 558. Centex Homes v. Mr. Stucco, Inc., 2007 WL 2264622 (M.D.Fla. Aug. 6, 2007), and Centex Homes v. Turlington Custom Stucco Plastering, 2007 WL 2010803 (M.D.Fla. July 6, 2007). We agree with those cases and conclude that Chapter 558 does not apply where, as in this case, the claimant is both property owner and contractor. Petition denied.
STEVENSON and MAY, JJ., concur.
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Altman Contractors, Inc. v. Crum & Forster Specialty Ins. Co., 232 So. 3d 273 (Fla. 2017)…bed chapter 558 as “[a]n effective alternative dispute resolution mechanism,” intended to be beneficial for reducing construction defect litigation. § 558.001 (emphasis added); see also Specialty Eng’g Consultants, Inc. v. Hovstone Props. Fla., LLC, 968 So. 2d 680, 681 (Fla. 4th DCA 2007) (recognizing that “the Florida Legislature created an alternative method to resolve construction disputes involving multiple parcels” (emphasis added)). Therefore, we conclude that the chapter 558 process is an “alternative…