Florida/Georgia Personal Injury & Workers Compensation

...the measure of [the owner's] damages is generally the reasonable cost of making the work performed conform to the contract." The court entered judgment against the Hebdens for $39,459 plus prejudgment interest. Chapter 558 applies to actions involving a "construction defect," a term defined in section 558.002(4). As property owners, the Hebdens were "claimants" under section 558.002(3)....

...ter 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....

...ted homes. Under Florida law, improvements to real property are included in the definition of real property. See Fla. Stat. § 192.001 (12) (2010) (“ ‘Real property’ ... means land, buildings, fixtures, and all other improvements to land.”); § 558.002(8) (2010) (“‘Real property’ means land that is improved and the improvements on such land, including fixtures ....”); § 420.503(34) (2010) (“‘Real property’ means all lands, including improvements and fixtures thereon.......

...In Florida the legislature has deemed alternative dispute resolution to be a beneficial and effective mechanism by which to resolve construction defect disputes. § 558.001, Fla. Stat. (2016); accord Altman Contractors, Inc. v. Crum & Forster Specialty Ins. Co., 232 So. 3d 273, 278 (Fla. 2017); see also § 558.002(3) (" 'Claimant' means a property -9- owner, including a subsequent purchaser . . ., who asserts a claim for damages against a contractor . . . concerning a construction defect . . . ."); § 558.002(5)(b) (" 'Construction defect' means a deficiency in, or a deficiency arising out of, the design, specifications, surveying, planning, supervision, observation of construction, or construction, repair, alteration, or remodeling of real property resulting from ....

...ubject property.” 2  Shortly thereafter, Moss moved to stay the litigation under Chapter 558, Florida Statutes.1 Specifically, Moss argued that because Peterson was a “claimant” as defined in section 558.002(3)2 and the action alleged “construction defect[s]” as defined in section 558.002(5),3 Peterson was 1 “Chapter 558, titled ‘Construction Defects,’ sets forth procedural requirements before a claimant may file an action for a construction defect.” Altman Contractors, Inc....

...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.” § 558.002(3), Fla....

...professional standards of care at the time of governmental approval; or (d) A failure to construct or remodel real property in accordance with accepted trade standards for good and workmanlike construction at the time of construction. § 558.002(5), Fla....

...conducting repairs and/or construction to the roof and surrounding areas of the property” and “failing to properly remedy and/or repair the damage caused by [Moss] at the subject property.” We conclude that these allegations fall squarely within the ambit of section 558.002, i.e., Peterson is a “claimant” who filed an “action”5 alleging a “construction defect,” as those 5 “Action” is defined as follows: 9 terms are defined in the statute. § 558.002(1),(3),(5)(d), Fla....

...real or personal property caused by an alleged construction defect, but does not include any administrative action or any civil action or arbitration proceeding asserting a claim for alleged personal injuries arising out of an alleged construction defect. § 558.002(1), Fla....

...The next part of the policy’s definition of “suit” under subparagraph (b) requires that “such damages” be claimed in the “alternative dispute resolution proceeding.” Chapter 558 explicitly provides for claimants seeking damages. In fact, section 558.002(3) defines a “claimant” as one asserting a “claim for damages.” Likewise, the notice of claim “must describe the claim in reasonable detail sufficient to determine the general nature of each alleged construction defect an...

...s of care at the time of governmental approval; or (d) A failure to construct or remodel real property in accordance with accepted trade standards for good and workmanlike construction at the time of construction. § 558.002(5), Fla....

...arbitration proceeding for damages . . . caused by an alleged construction defect, but does not include any administrative action or any civil action or arbitration proceeding asserting a claim for alleged personal injuries arising out of an alleged construction defect.” § 558.002(1) (emphasis added)....