– Design professionals such as architects and engineers in Florida may face malpractice claims arising from their professional services, which are subject to a two-year statute of limitations.
– In addition to professional malpractice claims, design professionals may also face causes of action arising from services rendered in the design or planning of construction projects, with a four-year limitations period.
– There is confusion as to which limitation period applies in actions against design professionals, as they may be subject to conflicting statutory provisions regarding the two-year professional malpractice or the four-year design, planning, or construction limitation period. 1. The specific statute of limitations addressing actions against design professionals for the design, planning, or construction of real property takes precedence over a more general statute of limitations.
2. The determinative inquiry is whether Section 95.11(3)(c) or Section 95.11(4)(a) more specifically addresses actions against design professionals arising from real property improvements.
3. Florida courts have had differing outcomes when applying the rule of statutory construction to these specific statutes of limitations. 1. The court in Baker County Medical Services, Inc. v. Summit Smith LLC concluded that the two-year statute of limitations applies to bar the hospital’s action against engineers for professional malpractice in the design, furnishing and installation of an HVAC system in a hospital.
2. However, a majority of Florida courts have found that actions against design professionals arising from an improvement to real property are more specifically addressed by the four-year limitation period.
3. The Florida Supreme Court affirmed the decision that the four-year statute of limitations is more specifically applicable to claims against architects.
4. A federal case found that Florida courts have repeatedly applied paragraph (3)(c) rather than (4)(a) in suits against architects and engineers, leading to the conclusion that the Baker County court erred in its analysis on this issue. 1. The more specific statute takes precedence over the more general, conflicting statute.
2. Courts often construe statutes based on legislative intent.
3. If there is doubt as to legislative intent pertaining to the statute of limitations, the preference is to allow the longer period of time.
4. The four-year limitation period applies to design professionals in actions founded on the improvement of real property.
5. Claimants in privity with design professionals should determine whether the cause of action truly arises from the improvement of real property, and pursue any claims diligently.
6. A profession is defined as a vocation requiring as a minimum standard, a college degree in the specified field.
7. In Baker County Medical Services, Inc. v. Summit Smith LLC, it was found that the determination whether the circumstances of the cause of action meet each of the requirements of Section 95.11(3)(c) is critical in understanding which limitation period applies.
https://www.jimersonfirm.com/blog/2014/07/construction-design-malpractice-actions-florida-limitation-period-applies/
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