Condos/HOAs Have a Lot to Lose if Design Professional Protection Bills Become Law
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Although there are many positive developments for Associations in this legislative session, noted below, there is at least one piece of legislation that will adversely impact associations, and all consumers.
Architects, engineers, surveyors and other design professionals may be anxiously awaiting Senate Bill 1964 and House Bill 701 to pass.
If these provisions become law it will limit liability for design professionals, as of July 1, by:
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cutting off liability, in tort, of design professionals that fail to properly carry out their professional duties.
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overruling Florida Supreme court cases and Appellate decisions from all over the state which protected consumers and the general public with necessary redress in tort for economic damages cause by design professionals.
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permitting design professionals to escape liability for their own negligent conduct, if insurance exists, and
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elevating design professionals above other professionals, such as lawyers, doctors, and accountants, who cannot limit their liability by contract.
Associations are constantly fixing their roofs, roads, performing balcony concrete restoration, seawalls, fire alarm electrical engineering renovation, elevator modernization and structural repairs. All of these renovations are designed by engineers, architects etc, and are required to meet building codes including life safety codes. Associations hire design professionals to issue drawings and specifications to accomplish these goals. Design professionals are also retained to monitor construction activities and approve applications for payment on these projects. Shouldn't they bear responsibility for damages that result from mistakes, omissions, lack of attention to detail or otherwise?
An error in design judgment can be devastating to unit owners and homeowners. Improperly designed elevator repairs, concrete repairs, shoring of buildings, electrical renovations, fire protection system renovations or repairs all could result in economic loss to Associations and ultimately unit owners and homeowners.
Should design professionals be allowed to practice without accountability for their negligent acts at the expense of Florida’s consumers? It is simply unfair.
Florida’s consumers should call their representatives immediately to prevent these bills from becoming law.
