News & Analysis as of

Florida Statute of Limitations Construction Industry

Adams and Reese LLP

Grace is (Almost) Gone – Florida Shortens Construction Defect Lawsuits to Seven-Year Window, Beginning July 1, 2024

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On July 1, 2024, the time frame to report construction defects in the state of Florida shifts from 10 years to seven years, as the grace period ends for Florida Senate Bill 360....more

Marshall Dennehey

Florida District Court Rules Four-Year Statute of Limitations Governs Construction-Based Malpractice Claims Against Design...

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American Auto. Ins. Co. v. FDH Infrastructure Servs., LLC, 364 So.3d 1082 (Fla. 3d DCA 2023) - Florida Statute § 95.11 sets the statutes of limitations for numerous claims, but as it relates to construction-related...more

Cozen O'Connor

Florida Shortens Time to File Construction Claims and Imposes Materiality Requirement for Building Code Violations

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On March 24, 2023, and April 13, 2023, Governor Ron DeSantis signed House Bill 837 and Senate Bill 360 into law, respectively. These new legislative amendments change Florida’s litigation landscape by shortening the statute...more

Baker Donelson

Florida Shortens Time for Filing Construction-Related Suits, Imposes Materiality Threshold

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On April 13, 2023, Governor Ron DeSantis signed Senate Bill No. 360 (the Act), an act that affords greater protection from suits to members of Florida's construction industry. The Act amends § 95.11, Florida Statutes,...more

Marshall Dennehey

Senate Bill Changes Statute of Limitations, Statute of Repose, and Amends Statutory Building Code Violation

Marshall Dennehey on

Senate Bill 360, which was signed by Governor DeSantis on April 13, 2023, amends the statute of limitations and statute of repose for construction claims and amends the statutory building code violation claim. The statute...more

Spilman Thomas & Battle, PLLC

Pending Florida Legislation Impacting Statutes of Limitations and Repose For Construction-Related Lawsuits

Legislation in Florida may soon change the time property owners have to file construction-related lawsuits. Both the Florida Senate, with SB 360, and the House of Representatives, with HB 85, passed identical bills and...more

Shumaker, Loop & Kendrick, LLP

What Every HOA and Condo in Transition/Turnover Should Know About Florida’s Statutes of Limitations and Repose

Florida’s Statute of Limitations and Statute of Repose for construction and design defect claims are each contained in § 95.11(3)(c), Florida Statutes, which provides, in relevant part: We are frequently retained by...more

Bradley Arant Boult Cummings LLP

Florida Statutory Limitation on Indemnity Does Not Apply to Excavation Subcontract on Utility Line Project

Fla. Stat. § 725.06 limits the scope of indemnification provisions in construction contracts. Specifically, the statute limits the ability of an indemnitee (e.g., owner) to require an indemnitor (e.g., contractor) to...more

Buchalter

Disney Dad Reports About New Limitations Period for Construction Claims in Florida

Buchalter on

While having nothing to do with Disney nor being a dad, there is a new law in Florida that went into effect on July 1, 2017 that governs the limitations period for actions other than to recover real property. ...more

Butler Weihmuller Katz Craig LLP

Claim Barred by Florida's Construction Defect Statute of Repose? Maybe Not. Florida Court Says You Should Read The Construction...

Claim professionals are often reminded that even the most meritorious claim is worthless if not filed within the applicable statute of limitations or statute of repose. In the world of construction defect claims, Florida law...more

Carlton Fields

Alleged Violations of Florida Building Code Not Subject to Class Treatment

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Two couples who own homes in central Florida attempted to bring a class action against a homebuilder, stemming from alleged violations of Florida’s building code. Section 553.84, Florida Statutes, provides for such a private...more

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