Florida law follows a strict period for filing construction defect claims. Property owners and contractors must act within these deadlines so as not to forfeit their legal rights. In-depth understanding of these statutes helps avoid costly disputes.
What Does the Law Say?
Pursuant to Florida law, most construction defect claims are subject to a four-year statute of limitations. Typically, this period begins from the date of the issuance of a temporary certificate of occupancy, the issuance of a certificate of occupancy, a certificate of completion, or the date of abandonment of construction if not completed, whichever date is earliest. However, if the homeowner discovers a latent defect, the time runs from the time the latent defect is discovered or should have been discovered with the exercise of due diligence. For instance, if a homeowner finds that the bathroom is not waterproofed, the four-year window begins the moment they discover the issue, there is no need to wait for completion before filing for a claim.
Florida also enforces a seven-year statute of repose (previously ten). The statute of repose is the absolute deadline for filing a claim with the following starting dates, whichever is earliest:
- Issuance of a temporary certificate of occupancy
- Issuance of a certificate of occupancy
- Abandonment of construction
Legal action is not possible once this period expires regardless of whether the defect discovery is recent.
Practical Considerations for Owners and Contractors
Property owners should practice due diligence by maintaining complete construction project records, proof of inspection and repairs to strengthen any claim. Ideally, you should get a lawyer involved as soon as possible to ensure compliance with the strict deadlines.
For contractors, mitigating risks involve drafting clear and detailed contracts. They need to stay updated so they can better defend against claims that fall outside the statute of limitations or repose.
How Important Is It to Get a Lawyer?
Construction defect claims often involve complex factual and legal issues. Even the basic step of determining the date of discovery can be tedious with the two parties arguing when the clock should have started. A legal counsel can evaluate the circumstances and take the proper legal actions.
By understanding and respecting Florida’s statute of limitations and statute of repose, both sides can protect their interests and avoid preventable legal issues.