Florida Statute of Limitations for Construction Defects
In Florida, most construction defect claims must be filed within four years of the date the defect was discovered or reasonably should have been discovered. A separate, harder deadline called the statute of repose then cuts off all claims seven years after a key completion event, such as the issuance of a certificate of occupancy, regardless of when the defect is found.
The 4-Year Statute of Limitations
Under Florida Statutes § 95.11, a property owner generally has four years to bring a lawsuit for a construction defect. The clock starts when the defect is discovered, or when a reasonable property owner should have discovered it, whichever comes first. This means a property owner should stay alert for warning signs rather than assume everything is fine until a bigger problem shows up. The discovery rule matters most for latent defects, such as a foundation crack or water intrusion behind a wall, that are not obvious right after construction ends.
The 7-Year Statute of Repose
The statute of repose is an absolute deadline. Once it runs out, a claim is barred even if the defect was just discovered. In 2023, Florida shortened this deadline from ten years to seven years, and that shorter period now applies to all claims. The clock starts on the earliest of these events:
- Issuance of a temporary certificate of occupancy, certificate of occupancy, or certificate of completion
- Date of abandonment, if construction is not completed
Because the repose period runs from the earliest of these dates rather than the latest, property owners often have less time than they expect, especially on projects with a gap between occupancy and completion paperwork.
The Chapter 558 Notice Requirement
Before filing suit, Florida law requires property owners to send a written notice of the alleged defect to the contractor, subcontractor, supplier, or design professional under Florida Statutes § 558.004. This pre-suit process gives the responsible party a chance to inspect the property and offer repairs or a settlement before construction litigation begins. A valid notice generally needs to:
- Describe each defect in enough detail to identify it
- Identify where each defect is located on the property
- Explain the damage or loss the defect has caused, if known
Sending this notice pauses the statute of limitations while the pre-suit process plays out, but it does not extend the statute of repose. A property owner who waits too long to send notice may still lose the right to sue once the seven-year repose period has expired.
Why Timing Matters
Because two separate deadlines apply, a defect discovered in year six may still be timely under the statute of limitations but nearly out of time under the statute of repose. Property owners who suspect a defect should have the property inspected and documented as soon as possible, rather than waiting to see if the problem worsens.
Talk to Wolfe Law Tampa PLLC About Your Construction Defect Claim
Missing either deadline can permanently bar a valid claim, so acting on the correct timeline matters. We can help you evaluate where your claim stands under both the statute of limitations and the statute of repose.
Call 813-803-0022, contact our team online, or visit Wolfe Law Tampa PLLC to see how we handle construction defect claims.
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