How Long Do I Have to Sue for Construction Defects in Florida?

Two clocks run at the same time

The four-year limitations period is a discovery-based clock: for a patent defect it runs from actual possession by the owner, the date of issuance of a certificate of occupancy, abandonment of construction, or completion of the contract, whichever is latest. For a latent defect, the period runs from the time the defect is discovered or should have been discovered with the exercise of due diligence.

The seven-year repose period is an absolute outer boundary that runs regardless of discovery. Senate Bill 360, effective in 2023, shortened repose from ten years to seven and changed the trigger to the earliest of issuance of a temporary certificate of occupancy, a certificate of occupancy, a certificate of completion, or abandonment of construction if not completed. A latent defect discovered in year eight is generally time-barred no matter how severe it is.

Chapter 558 notice before suit

Florida requires a claimant to serve written notice of claim on the contractor, subcontractor, supplier or design professional at least 60 days before filing an action, or 120 days for an association representing more than 20 parcels. The notice must describe each alleged defect in reasonable detail and identify the location.

The recipient may inspect, request records, and respond with an offer to repair, an offer of monetary settlement, or a rejection. The presuit period tolls the applicable limitations period. Failure to follow the process typically results in abatement of the lawsuit, so the notice should be prepared with the same care as a complaint.

Who the potential defendants are

• General contractor and the subcontractors whose scope covered the defective work.
• Design professionals such as architects and engineers, subject to the certificate of merit and professional negligence rules.
• Developers and sellers, including on implied warranty theories for new residential construction.
• Product manufacturers where a component such as a window system, membrane, pipe or stucco assembly failed.
• Insurers, where builder's risk or CGL coverage responds to resulting damage.

Preserve the evidence and the coverage

Repairs destroy proof. Before remediation begins, document conditions with photographs, moisture readings, infrared imaging, and destructive testing performed by a qualified expert with notice to potential defendants. Keep the construction contract, plans, permits, inspection records, change orders, warranty documents and all correspondence.

Notify your property insurer promptly as well. Coverage for defective workmanship is limited, but resulting damage may be covered, and the property claim deadlines in Fla. Stat. 627.70132 run independently of the construction defect clocks.