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Articles by Brett Henson
Florida’s New “Prompt Processing” Requirement for Construction Contract Change Orders on Public Works Projects | JD Supra
Effective July 1, 2025, Chapter 2025-140, Laws of Florida, titled an “Act Relating to Construction Regulations,” enacted House Bill 683. This bill makes several changes to Florida’s construction laws, including requirements for “prompt processing” of change orders.
"Arbitration Agreements in Residential Construction Contracts," ActionLine Spring 2023 | JD Supra
This article was originally published in the Spring 2023 issue of ActionLine, a Florida Bar Real Property, Probate and Trust Law Section publication. Since July 2019, Florida has seen an influx of over 550,000 new residents, driven in large part by economic migration from other states.[1] This population growth has been accompanied, at least until the third quarter of 2022, with a steady rise in new residential construction.
"Arbitration Agreements in Residential Construction Contracts," ActionLine Spring 2023
This article was originally published in the Spring 2023 issue of ActionLine, a Florida Bar Real Property, Probate and Trust Law Section publication. Since July 2019, Florida has seen an influx of over 550,000 new residents, driven in large part by economic migration from other states.[1] This population growth has been accompanied, at least until the third quarter of 2022, with a steady rise in new residential construction.
Florida Enacts Statute of Repose Reform Bill for Design and Construction Defects | JD Supra
April 17, 2023 To embed, copy and paste the code into your website or blog: On April 13, 2023, Governor Ron DeSantis signed into law SB 360 (Chapter 2023-22, Laws of Florida), which shortens the time period for bringing design and construction defect claims, clarifies the application of these time periods on multi-building projects, and adds a “materiality” required to statutory claims for violation of Florida’s Building Code pursuant to Fla. Stat. § 554.84.
2022 Construction Industry Legislative Update | JD Supra
The 2022 Legislative Session saw a number of bills signed into law, effective July 1, 2022, which impact the construction industry. Below is a summary of key changes.
EDR: Fairly & Ethically Resolving Construction Disputes at a Hare’s Pace - American Bar Association's Under Construction - Summer 2021, Vol. 22, No. 4 | Shumaker, Loop & Kendrick, LLP - JDSupra
Early Dispute Resolution (“EDR”) seeks to resolve complex commercial disputes within 30 to 60 days, with an outcome no different from resolution after full discovery and motion. A fundamental premise of EDR is that clients routinely forecast risks and make business decisions with limited but sufficient information, and their counsel should be able to provide them with that same level of information at the very early stages of a dispute.
Client Alert: Florida Legislature Eases Procurement and Payment Process for Construction Professionals on State and Local Public Projects | JD Supra
During the 2020 session, the Florida Legislature enacted a number of provisions intended to ease the financial burden on construction industry professionals who perform state and local public works projects.
Client Alert: Florida Supreme Court Weighs in on CGL Carriers’ Duty to Defend Chapter 558 Claims
Since its enactment in 2003, Chapter 558, Florida Statutes (commonly referred to as Florida’s notice and opportunity to cure provision) has governed the pre-suit notice and opportunity to repair process between owners, designers, contractors, and subcontractors involved in construction defect claims. Although the statute speaks primarily to the obligations of these parties, Commercial General Liability (“CGL”) insurers also play an integral role in the resolution of such claims.
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