Construction Defect Statute of Repose: Post-Closing Punch-list Work May Delay Its Start

Florida’s Fifth District Court of Appeals is shaking up the construction defect statute of repose once again.[1] A recent 5th DCA opinion implies that the 10-year construction defect statute of repose does not start to run at the closing of a purchase of a newly-constructed home if there remains punch-list work to complete after closing. In essence, the statute of repose would not start to run until the post-closing punch-list work was complete. See Busch v. Lennar Homes, LLC, 5D16-1626, 2017 WL 1372085, at *2 (Fla. 5th DCA Apr. 13, 2017). The Busch opinion opens the door for a host of problems for contractors and creates more questions than answers.   Read the article…………….