The Associated General Contractors of America (“AGC”) will be seeking passage of a bill in 2015 which amends Chapter 558, Florida Statutes, Florida’s “Notice and Opportunity to Cure” statute.

House of Representatives Bill 87 (“HB 87”) was filed in the Florida House of Representatives on December 9, 2014. The House sponsor for HB 87 is Representative Kathleen Passidomo, an attorney whose practice includes real estate, corporate, and business law. The proposed legislation was developed with the assistance of several Florida construction attorneys, primarily Gary Stein, co-managing partner of Peckar & Abramson’s Miami office and General Counsel for the South Florida chapter of the AGC.

The proposed amendments to Chapter 558, as set forth in HB 87, are intended to address a number of problems with the current notice and opportunity to cure process, in order to ensure that contractors can proactively and effectively address alleged construction defects and avoid costly litigation.