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Florida Construction Law Update

Category Archives: Warranty

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Implied Warranty of Fitness and Merchantability: Maronda Homes v. Lakeview Reserve

Posted in Construction, Contractors, Warranty

The Florida Supreme Court recently issued an opinion in the Maronda Homes case[1] and broadened the common law implied warranty of fitness and merchantability, also known as an implied warranty of habitability. Maronda Homes dealt with whether a developer’s common law implied warranty of fitness and merchantability extends to initial purchasers of residential property for… Continue Reading

No Common Law Implied Warranty of Habitability Applies to Surrounding Structures That “Essentially Service” A Home

Posted in Construction, Developers, Florida Legislation, Warranty

The Florida Legislature recently passed legislation that is very favorable for developers. More specifically, the legislation appears to eliminate future exposure of developers to claims for common law implied warranties of fitness and merchantability related to subdivision improvements of roads, drainage systems, retention ponds and underground pipes surrounding homes. In mid-March 2012, the Florida House of Representatives passed… Continue Reading