1. The Florida statute of limitations and repose period govern lawsuits involving construction and design defects.
2. The statute of limitations sets a time limit for filing a lawsuit, while the statute of repose sets an outer limit beyond which any claim can be initiated.
3. The Amendment to the statute changes the repose period from 10 years to 7 years, and while it takes effect on April 13, 2023, it will not affect the time period for applicable lawsuits filed on or before July 1, 2024. 1. The Amendment changed the starting point for determining when a lawsuit on the design, planning, or construction of real property accrues.
2. The time period for filing lawsuits based on construction and design defects now begins from the earlier of the date of a certificate of occupancy, completion of the contract, or abandonment of construction.
3. For lawsuits involving latent defects, the four-year start date runs from the time the defect is discovered or should have been discovered with the exercise of due diligence.
4. The Amendment shortened the statute of repose from 10 years to 7 years for filing lawsuits related to construction and design defects.
5. The lawsuit must now be filed within the earlier of the authority having jurisdiction’s issuance of a temporary certificate of occupancy (TCO), the issuance of a certificate of occupancy (CO), or the issuance of certificate of completion.
https://www.jimersonfirm.com/blog/2023/04/florida-construction-design-defect-lawsuits-changes/
Leave a Reply