Presented by the Architectural, Engineering and Construction Defect Litigation Practice Group

Senate Bill Changes Statute of Limitations, Statute of Repose, and Amends Statutory Building Code Violation

By
Taylor A. Naughton

Senate Bill 360, which was signed by Governor DeSantis on April 13, 2023, amends the statute of limitations and statute of repose for construction claims and amends the statutory building code violation claim. 

The statute of limitations time period for claims based on the design, planning or construction of an improvement to real property remains at four years, but when that period commences has changed. Now, the time period begins to run from the earliest date the authority having jurisdiction issues a temporary certificate of occupancy, a certificate of occupancy or a certificate of completion, or the date construction was abandoned if not completed. These “triggering events” dramatically clarify when the time period begins to run. For latent defects, the time period remains unchanged and begins to run from the time the defect is discovered or should have been discovered. Other changes under the new law:

  • The statute of repose was shortened from 10 years to 7 years, with the date running from the earliest of the above triggering events. The new statute keeps the one-year extension for bringing counterclaims, cross-claims and third-party claims. Also unchanged is when this time period begins to run, which is the date the pleading to which such claims is served. 
  • Warranty work or correction/repairs of completed work do not extend the time period within which an action must be commenced, provided that a building permit was issued for the work and the authority having jurisdiction issued a temporary certificate of occupancy, a certificate of occupancy or a certificate of completion. 
  • If a single family home is built and used as a model home, the time period for bringing an action begins to run from the date that a deed is recorded transferring title to another party. 
  • The new statute also provides much needed clarification as to how to analyze multi-building or multi-family construction projects. Now, each building of a multi-building project must be considered its own improvement. 

Florida Statutes section 553.84, which provides a statutory civil action for building code violations, was amended to require that the building code violations be material. The statute defines a “material violation” of the building code as “a building code violation that exists within a completed building, structure, or facility which may reasonably result, or has resulted, in physical harm to a person or significant damage to the performance of a building or its systems.” 

The amendments to the statute of limitations and statute of repose apply to any action commenced on or after the effective date of the law, regardless of when the cause of action accrued. However, any action that would not have been barred before the amendment may be brought until July 1, 2024. 
 

Legal Update for Construction Litigation – April 14, 2023, has been prepared for our readers by Marshall Dennehey. It is solely intended to provide information on recent legal developments, and is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. We welcome the opportunity to provide such legal assistance as you require on this and other subjects. If you receive the alerts in error, please send a note to tamontemuro@mdwcg.com. ATTORNEY ADVERTISING pursuant to New York RPC 7.1. © 2023 Marshall Dennehey. All Rights Reserved.