Florida’s statute of limitations generally provides that any lawsuit based on design, planning or construction of an improvement to property (which includes a house being built) must be brought within four years.
Four years: This includes actions against contractors for construction defects These actions must be taken within 4 years of when:
- owner takes actual possession
- the date a certificate of occupancy is issued
- if the construction was not abandoned, the date it was completed, or
- the date the contract between the professional engineer, registered architect, or licensed contractor and his or her employer was completed or terminated, whichever is later
There is a first exception to the time that the four-year period starts to run if the construction defect is a latent or hidden defect, however. In such a case, the statute of limitations time period begins to run at the time the defect is discovered (or should have been discovered).
Even if the exception applies, however, the lawsuit must be brought within 10 years after:
- the date the owner takes actual possession
- the date a certificate of occupancy is issued
- if the construction was not abandoned, the date it was completed, or
- the date the contract between the professional engineer, registered architect, or licensed contractor and his or her employer was completed or terminated, whichever is later
If the defects are deemed to be latent, the statute of limitations could be extended to 10 years. Also included in this time period are personal injury claims stemming from accidents that occurred at the construction site.
Second Exception: Construction compaines or contractors often include a one year limitaion of this warranty as a part of an “extended warranty” that they offer to owners. This “warranty” actually can create a contractual limitation of the statute of limitations to bring a construction defect claim.
Two years: This deadline applies to the filing of wrongful death lawsuits caused by catastrophic accidents on the construction site.
One year: This is for cases involving foreclosures or lien filings. If a property owner refuses to pay a contractor or sub-contractor for services rendered per the terms of an agreed-upon and executed contract, a lawyer could file for a mechanic’s lien against the property, forcing its sale and potentially distributing the proceeds to those who were not paid as promised in writing.
Required Notice for cure period
Notice and Opportunity to Repair: A property owner can only initiate a construction defects lawsuit after complying with Florida’s statute, which requires that the contractor be allowed time to fix problems. Before property owners sue, they must serve a written notice upon the contractor – at least 60 days in advance for most projects and 120 in advance for associations of 20 or more parcels. There are additional dates and deadlines listed depending on the circumstances of the project. With in your construction contract the following rights should be listed according to Florida Statute 558.
CHAPTER 558 NOTICE OF CLAIM
CHAPTER 558, FLORIDA STATUTES, CONTAINS IMPORTANT REQUIREMENTS YOU MUST FOLLOW BEFORE YOU MAY BRING ANY LEGAL ACTION FOR AN ALLEGED CONSTRUCTION DEFECT IN YOUR HOME. SIXTY DAYS BEFORE YOU BRING ANY LEGAL ACTION, YOU MUST DELIVER TO THE OTHER PARTY TO THIS CONTRACT A WRITTEN NOTICE, REFERRING TO CHAPTER 558, OF ANY CONSTRUCTION CONDITIONS YOU ALLEGE ARE DEFECTIVE AND PROVIDE SUCH PERSON THE OPPORTUNITY TO INSPECT THE ALLEGED CONSTRUCTION DEFECTS AND TO CONSIDER MAKING AN OFFER TO REPAIR OR PAY FOR THE ALLEGED CONSTRUCTION DEFECTS. YOU ARE NOT OBLIGATED TO ACCEPT ANY OFFER WHICH MAY BE MADE. THERE ARE STRICT DEADLINES AND PROCEDURES UNDER THIS FLORIDA LAW WHICH MUST BE MET AND FOLLOWED TO PROTECT YOUR INTERESTS.
(b) The notice required by paragraph (2)(b) must expressly cite this chapter and be in substantially the following form:
CHAPTER 558 NOTICE OF CLAIM
CHAPTER 558, FLORIDA STATUTES, CONTAINS IMPORTANT REQUIREMENTS YOU MUST FOLLOW BEFORE YOU MAY BRING ANY LEGAL ACTION FOR AN ALLEGED CONSTRUCTION DEFECT. SIXTY DAYS BEFORE YOU BRING ANY LEGAL ACTION, YOU MUST DELIVER TO THE OTHER PARTY TO THIS CONTRACT A WRITTEN NOTICE, REFERRING TO CHAPTER 558, OF ANY CONSTRUCTION CONDITIONS YOU ALLEGE ARE DEFECTIVE AND PROVIDE SUCH PERSON THE OPPORTUNITY TO INSPECT THE ALLEGED CONSTRUCTION DEFECTS AND TO CONSIDER MAKING AN OFFER TO REPAIR OR PAY FOR THE ALLEGED CONSTRUCTION DEFECTS. YOU ARE NOT OBLIGATED TO ACCEPT ANY OFFER WHICH MAY BE MADE. THERE ARE STRICT DEADLINES AND PROCEDURES UNDER THIS FLORIDA LAW WHICH MUST BE MET AND FOLLOWED TO PROTECT YOUR INTERESTS.
(4) At any time, a claimant and the person to whom notice is served or otherwise must be served under s. 558.004(1) may agree in writing to preaction mediation or otherwise alter the procedure for the notice of claim process described in this chapter.
(5) Notwithstanding the notice requirements of this section for contracts entered into on or after October 1, 2006, this chapter applies to all actions accruing before July 1, 2004, but not yet commenced as of July 1, 2004, and failure to include such notice requirements in a contract entered into before July 1, 2004, does not operate to bar the procedures of this chapter from applying to all such actions.
(6) Notwithstanding s. 558.003, unless the parties agree that this chapter does not apply, after October 1, 2009, any written contract for improvement of real property entered into between an owner and a contractor, or between an owner and a design professional, must contain substantially the following notice: “ANY CLAIMS FOR CONSTRUCTION DEFECTS ARE SUBJECT TO THE NOTICE AND CURE PROVISIONS OF CHAPTER 558, FLORIDA STATUTES.” The failure to include in the contract the notice provided in this subsection does not subject the contracting owner, contractor, or design professional to any penalty. The purpose of the contractual notice is to promote awareness of the procedure, not to be a penalty.
Legal Solutions Law Firm utilizes this required Notice to the Contractor to properly demand that the construction defects be recitified, any construction delays be averted and corrected, and that the project resumes to completion. The notice requirement is mandatory to bring litigation prior to intiating an action… However, our firm looks to this Notice as an opportunity to resolve any construction issue at a prelitigation stage thereby saving our clients and adverse parties time, costs, and the stress of litigation. Our firm at all stages of the litigation process seeks to REDUCE litigation and Attorney fees whenever possible.
