Florida’s 9th Judicial Circuit recently ruled on competing motions for partial summary judgment, determining that a homeowner’s association’s claims for deficient construction of 104 townhomes were not barred by Florida’s statute of repose, and applying the date of the issuance of the last certificate of occupancy for the project and final payment due date to reach that conclusion.
Read moreFlorida Passes New Law Shortening Statute of Repose for Construction Defect Claims
The law, which went into effect in April 2023, shortens the statute of repose from 10 years to seven years, based on several triggering events, and modifies the events that trigger the applicable four year statute of limitations. The new law also adds language specifically claims relating to model homes and multi-building developments.
Read moreFlorida Court Applies Statute of Repose to Bar Defective Work Claims Brought Against Contractor 10 Years After Issuance of Certificate of Occupancy
The court concluded that the homeowners’ association brought the claims after the expiration of the 10 year statute of repose applicable to construction defects. The decision turned, at least in part, on the fact that the general contractor was also the owner of the townhomes at the time the certificates of occupancy were issued.
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