Homebuilders and Contractors Beware: Construction Defect Claims May Be Filed More Than 10 Years After Construction is Complete (FL)

A statute of repose sets a firm deadline by which a lawsuit may be filed after the occurrence of a particular event. Once the statute expires, a prospective defendant is no longer exposed to legal action. Florida has a ten-year statute of repose for construction defect claims. The statute provides that an action for construction defects must be commenced within ten years after the latest of four events, the fourth of which is the “date of completion” of the contract between the contractor and the owner. In construction defect disputes, many homebuilders and contractors assume that the contract is complete at closing or when construction is complete, and that they are no longer exposed to legal action after ten years. As shown by two recent cases from Florida’s Fifth District Court of Appeal, that assumption may not be correct in all cases.    Read the article…………..

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