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When Is It Too Late to Sue For Construction Defects?

On Behalf of | Jan 27, 2025 | Construction Law | 0 comments

Construction defects can take time to manifest. Minor issues such as leaks, drywall cracks and cosmetic problems may be easily noticeable. However, the defects that cause more significant problems often appear weeks, months or even years after construction. 

Either way, homeowners must know when they should start seeking damages. Given the latest amendment to Florida’s statute of repose, it is best to file defect claims as soon as possible. 

Here is more crucial information that can help. 

The statute of limitations

According to Florida Statutes, you have four years to file a claim after the discovery of a construction defect. The time typically starts when you discover the defect or should have discovered it.  

The statute of limitations helps ensure claims are brought while evidence is still fresh. It can also promote timely resolution of disputes. 

The statute of repose

The statute of repose is the absolute time limit for filing a lawsuit, regardless of when you discover the defect. The clock runs at the earliest of the following: 

  • Provision of a temporary or permanent certificate of occupancy 
  • Provision of a certificate of completion 
  • Date of abandonment of construction if the project is not completed

The current repose period is seven years, which was amended from 10 years in 2023. It aims to provide a definite end to potential liability and protect potential defendants from outdated claims. However, it can be a challenge for homeowners who find out about defects much later. 

When should you file a defect claim? 

File a claim as soon as you become aware of the defect or issue. Conducting regular home inspections can help you detect any defects early, which can help avoid arguments that you “should have discovered” them earlier. 

Even if a defect seems minor, consider having a professional evaluate it. They can help determine if the contractor should be liable or if the issue results from an unrelated problem such as regular wear and tear. 

In any case, do not wait to take action. Keep in mind that the statute of limitations typically starts running upon discovery. It is advisable to seek guidance from a construction law attorney who can help you start the process as soon as possible. 

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