Florida law sets clear deadlines for construction defect claims. These deadlines include a statute of limitations, which runs from the time a defect is discovered, and a statute of repose, which provides an absolute cut-off. In 2023, Florida significantly shortened the statute of repose through Senate Bill 360 (SB 360). The grace period for older projects expired on July 1, 2024, meaning all claims are now governed by the new rules.
The Two Clocks
1. Statute of Limitations – 4 Years from Discovery
Florida provides a four-year statute of limitations for most construction defect claims. The clock begins when the defect is discovered, or reasonably should have been discovered, whether the claim is based on negligence, breach of contract, or implied warranty.
For example:
If a roof leak is discovered in January 1, 2026, the association has until January 1, 2030 to file suit—provided the statute of repose has not expired.
2. Statute of Repose – 7 Years from Triggering Event
SB 360 reduced Florida’s statute of repose from 10 years to 7 years. This is an absolute deadline: no matter when a defect is discovered, claims may not be brought more than seven years after certain triggering events.
- The repose period runs from the earliest of the following:
- Issuance of a temporary certificate of occupancy (TCO)
- Issuance of a certificate of occupancy (CO)
- Issuance of a certificate of completion
- Abandonment of construction if it was never completed
For examples:
– If a condominium received its certificate of occupancy in June 1, 2020, all construction defect claims must be filed within the statute of limitations but no later than June 1, 2027.
– If water intrusion is discovered in 2028, it will be too late to bring claims, even though the defect was not previously apparent. If water intrusion is discovered in January 2027, the statute of repose would bar the claim if not filed by June 1, 2027.
Why This Matters for Boards and Managers
- Shorter Window: Associations lost three years compared to the old 10-year repose.
- Clearer Triggers: The repose now starts from specific documents (CO, TCO, etc.), making deadlines easier to calculate.
- Proactive Inspections: Boards should plan for building inspections well before year 7 to catch latent defects in time.
- Legal Strategy: Associations should consult counsel as soon as issues arise, to preserve claims under both the 4-year limitations period and the 7-year repose.
Key Takeaway
Florida associations must operate under two strict deadlines:
4 years from discovery of a defect (statute of limitations), and
No more than 7 years from the triggering event such as a certificate of occupancy (statute of repose).
Boards and managers should work closely with counsel and engineers to monitor building conditions, schedule inspections, and act quickly when issues are found.
