Firm partner B. Michael Clark Jr. authored an article that appeared as a “Board of Contributors” guest column in today’s edition of the Daily Business Review, South Florida’s exclusive business daily and official court newspaper. The article, which is titled “Fla. Supreme Court Finds Insurers Liable From Onset of Construction Defect Pre-Suit Process,” discusses the ramifications of the recent decision by the state’s highest court holding that the pre-litigation notice and repair process for construction defect cases does indeed constitute a claim which general liability insurance carriers must recognize. The article reads:
The state’s pre-litigation defect procedure, outlined in Chapter 558, was enacted in 2003 to provide a means by which property owners could notify builders of alleged construction or design defects. The responsible contractors, subcontractors and design professionals must then either voluntarily resolve the defects or deny liability. The goal of the statute was to reduce the amount of complex, multiparty construction defect litigation, which had ballooned during the building boom prior to the collapse of the housing market and the foreclosure crisis.