December 8, 2021 | less than a minute read

Proposed Amendment to Eliminate the Statue of Repose for Construction Defect Claims

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Catrina Markwalter

Partner

Get in touch

Catrina Markwalter

Partner

The proposed amendment would eliminate the 10-year repose period currently in effect for latent construction defects. If passed, Florida's statute of limitations would be amended to allow an owner to bring a construction defect claim at any time so long as the claim is brought within fours years of when the defect is or should have been discovered by the Owner. If the proposed amendment passes and is enacted into law, it will significantly impact the future of construction defect claims in Florida.

A new bill has recently been submitted to the Florida Senate (SB 2022-736) that proposes to amend Fla. Stat. § 95.11(3)(c) by eliminating the current statute of repose for latent claims, which requires an action be commenced within 10 years after the date of actual possession by the owner, the date of issuance of a certificate of occupancy, the date of abandonment of construction if not completed, or the date of completion of the contract or termination of the contract between the professional engineer, registered architect, or licensed contractor and his or her employer, whichever is latest.