There are few things that concern a contractor more than getting a call from a past client who claims that their water is leaking into their home. Recently, Florida’s Third District Court of Appeal had the opportunity to deal with a claim for a leaky roof brought in 2011.
In Covenant Baptist Church, Inc. v. Vasallo Construction, Inc., a church sued a contractor over a leaking roof. The church knew of the roof leaks in 2006, but failed to file a lawsuit against the contractor until 2011. The trial court applied a four year statute of limitations and determined that the claim was not timely filed against the contractor.
The church appealed, arguing that even though it knew about the leak in 2006, it did not have knowledge of the specific cause of the leak. The Third District Court of Appealed rejected this argument, relying on and reiterating several other roof-leak cases to find that once the church knew of the leaks the statute of limitations on its claims began to run.
While it is important for contractors to consider their reputation when dealing with defects, it is equally important to understand that the law does not extend a contractor’s liability endlessly. Florida’s courts have and continue to uphold this principle in the law.