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The Construction Corridor

Legal Updates and Commentary for Developers and Builders in Florida

Bilzin Sumberg’s construction attorneys author The Construction Corridor to provide updates and analysis on developments and trends that impact the real estate development and building industries. Our breadth of experience in construction law covers the full spectrum of legal and business issues that affect construction and real estate development industry in the United States. Our team provides market-leading knowledge on drafting, negotiating and litigating over private, government, infrastructure and public-private partnership construction, surety and insurance contracts, advises clients on delivery methods, evaluates liability exposure, assists in closing out projects and engages in dispute resolution. We built The Construction Corridor to serve as a central knowledge base for what our clients need to know today, and what they should expect as they continue to grow.

  • Construction
  • May 20, 2024
The Grace Period for Viable Claims Filed After Florida Amended the Construction Statute of Repose is Set to Expire on July 1, 2024
Joy Spillis Lundeen, Felix X. Rodriguez, Kelly Ruane Melchiondo, Michael C. Larmoyeux, Jr., Cesar L. Avila & Jake Bland
In 2023, the Florida legislature shortened the statute of repose period for filing construction defects claims from ten years to seven years. However, the Florida legislature afforded a limited grace period through July 1, 2024 for claims that would have remained viable under the former, 10- year version. Any outstanding construction defect or design defect claims that are not yet filed, must be filed on or before July 1, 2024 to avail themselves of the 10-year version of the statute (where potential defect claims may have arisen between April 14, 2013 and April 14, 2016).  Otherwise, effective July 1, 2024, any such outstanding claims will be barred under the new 7-year statute of repose. Companies and individuals with unfiled defect claims should pay close attention, and prepare to file lawsuits before the July 1, 2024 deadline. Learn more.
  • Public-Private Partnerships
  • October 26, 2023
Using P3s to Further Environmental Policy
Eric Singer & Michael C. Larmoyeux, Jr.
Public-private partnerships further environmental policy objectives and drive green building initiatives. Through Miami-Dade mandates LEED certification, fostering eco-friendly construction and enhancing competition, P3s offer innovation, sustainability, and economic growth for resilient projects.
  • Construction
  • June 20, 2023
Florida Enacts Changes to Construction Lien Law
Joy Spillis Lundeen & Kelly Ruane Melchiondo
On June 12, 2023, Florida Governor Ron DeSantis signed into law House Bill 331, which significantly modifies Florida’s Construction Lien Law (Chapter 713, Florida Statutes). The amendments, which take effect on October 1, 2023, have important implications for owners and contractors related to construction projects, particularly as it relates to the requirements and responsibilities of lienors. 
  • Construction
  • June 15, 2023
Third District Confirms Design Professionals Subject to Four-Year Statute of Limitations for Construction-Based Malpractice Claims
Joy Spillis Lundeen & Cesar L. Avila
On May 31, 2023, the Third District Court of Appeals (DCA) published its opinion in Am. Auto. Ins. v. FDH Infrastructure Servs., LLC, thereby establishing that all construction-based actions against design professionals are subject to the four-year, as opposed to two-year, statute of limitations. The case represents an important milestone in Florida case law, effectively giving real estate owners and developers more certainty involving claims against design professionals connected to construction. Click here to learn about the case and its consequences.
  • Construction
  • May 12, 2023
Florida Legislature Enacts Major Changes to the Statute of Repose for Construction Defect Claims
Kelly Ruane Melchiondo & Cesar L. Avila
On April 13, 2023, governor Ron DeSantis signed Senate Bill 360 (“SB 360”) into law, which drastically reduces the time limit for property owners to file suit against builders and construction professionals for construction defects and imposes a more stringent standard for bringing a claim under the Florida Building Code. Learn how the new law will affect builders and developers in Florida, and how it differs from the previous legal landscape for construction defect cases.
  • Construction
  • December 8, 2022
Compliance with the Department of Energy’s New SEER2 Requirements Before January 1, 2023 and What To Do if You Cannot Timely “Install”
Anthony De Yurre & Cesar L. Avila

January, 1, 2023, new Federal minimum efficiency standards for air conditioners and heat pumps, known as Seasonal Energy Efficiency Ratio 2 (SEER2), will go into effect across the United States. The new standard has created a number of issues for projects under construction because the new law does not contain a grace period for transition and some local building officials have indicated that approved building permits will not exempt projects from the new requirements. 

Read more about the upcoming SEER2 requirements and ways to prepare for them.

  • Construction
  • November 7, 2022
Legal Q and A: Before you take that Florida project ...
Michael C. Larmoyeux, Jr.

In this column that appeared in The Construction Broadsheet, attorney Michael C. Larmoyeux Jr. a partner in Miami's Bilzin Sumberg Construction Group, answers a few questions that stem from a recent verdict secured by the Construction group and centers around the idea that inbound general contractors need to take the time to understand the complexities of building within the Florida market, and if they don’t, they could be exposed to significant legal risk.