Finished a project in 2019? Florida’s seven-year clock on defect claims runs out in 2026

Issue

Florida owners, associations and contractors are approaching a deadline many have not noticed. In 2023, the Legislature cut the time to bring a construction defect lawsuit from ten years to seven, and it moved the start of that clock earlier. For projects completed in 2019, the seven years run out in 2026. After that, a defect claim is barred no matter when the problem was discovered.

Overview and Rule

Senate Bill 360, signed April 13, 2023, amended section 95.11(3) of the Florida Statutes in three ways.

First, the statute of repose dropped from ten years to seven. A repose period is an absolute cutoff. Unlike the four-year statute of limitations, which can start later for latent defects, repose runs regardless of when the defect is discovered.

Second, the clock now starts at the earliest of four events: issuance of a temporary certificate of occupancy, a certificate of occupancy, a certificate of completion, or abandonment of the project if it was never finished. Before the amendment, the clock started at the latest of several events, including the owner’s actual possession and completion of the contract. For most projects, the new rule moves the start date months earlier.

Third, for projects with multiple buildings, each building is treated as its own improvement, with its own clock. A model home’s clock starts when a deed first transfers title to another party.

The amendments applied to every defect suit filed on or after April 13, 2023, regardless of when the claim arose. Claims that were timely under the old law but barred under the new one had until July 1, 2024, to be filed. That grace period has passed.

Future Outlook

The practical result is a rolling cutoff. In 2026, the window closes on projects that received a temporary certificate of occupancy, certificate of occupancy or certificate of completion in 2019. In 2027, it closes on 2020 projects, and so on. We expect the same pattern each year: a wave of defect suits filed in the final months before the deadline, many on projects where the owner or association has been weighing whether to act. Contractors should expect those late claims to arrive with little warning and to be litigated on project records that are seven years old.

Call to Action for Businesses

If you own or manage a building completed in 2019, determine the date of the first certificate of occupancy or completion now. If a defect concern exists, it has to be evaluated before that anniversary, and Florida’s Chapter 558 pre-suit notice process takes time of its own.

If you built, designed or subcontracted on a 2019 project, locate and preserve the project file: contracts, change orders, inspection reports, certificates and correspondence. A late claim is defended on documents, and the documents need to be in hand before the claim arrives.

HD Law Partners represents owners, associations, contractors, subcontractors and developers in construction disputes throughout Florida, from Chapter 558 notice through trial, with offices in Tampa, Sarasota, Orlando and Fort Myers.

This summary is for informational purposes only and is not legal advice. Each matter is evaluated on its own facts. Contacting the firm does not create an attorney-client relationship.