In Florida, construction defect lawsuits typically must be filed within four (4) years from the latest of the following scenarios:
- the date of actual possession by the owner,
- the date of the issuance of a certificate of occupancy,
- the date of abandonment of construction if not completed, or
- the date of completion or termination of the contract between the professional engineer, registered architect, or licensed contractor and his or her employer.
- 95.11(3)(c), Fla. Stat. If the action involves a latent defect, “the time runs from the time the defect is discovered or should have been discovered with the exercise of due diligence.” Id.
However, in an effort to avoid creating what seems like an unlimited statute of limitations for construction lawsuits involving latent defects, Florida’s Statute of Repose requires these construction law actions to be commenced no later than ten (10) years after the latest of the above-referenced scenarios.
For more information please contact our office now to set up an appointment with attorney Daniel Lenghea to determine the best cause of action.