Florida Legislature Amends Construction Defect Litigation Statutes Once Again

For the second time in two years, the Florida Legislature is amending its statute of limitations and repose regarding construction defect litigation and it’s effect could have a widespread impact on the state’s entire construction industry. The amendments, set to come into effect July 1st, address changes to two previous provisions outlining construction defect statute of limitations and repose.

If you’re a Florida contractor or you’re involved in the construction industry, you’re especially going to want to take heed. The amendments are going to have an immediate effect on how you respond to a construction defect claim as a defendant, including your filing deadlines.

Here’s what you need to know about the coming changes.

Amendments to Florida’s Construction Defect Statute of Limitations and Repose

The first amendment addresses changes to current provisions in Florida’ construction defect statute of limitations. The amendment clarifies that repairs to completed work involved in a construction defect claim may not suspend the limitations period for filing a claim under the following conditions:

  • Original construction was performed under a duly issued permit
  • The property was issued a final certificate of occupancy by a certified official
  • The repairs affect construction within the scope of the building permit and certificate.

The other amendment effects the current statute of repose relating to construction defect litigation. The new amendment extends the statute of repose an additional year to provide added time for those filing:

  • Counter-claims
  • Cross claims
  • Third-party claims

The Effects

So what do these amendments mean for you? Well, these changes can mean a couple things.

For one, it now sets a standard for whether repairs and corrections may delay or suspend the statute of limitations for construction defect claims. It also provides contractors with additional time to file through-claims in a defect claim.

Additional Resources

If you’re looking for more info on how these amendments are going to affect you, contact our team. We can walk you through the details and answer any specific questions you have.