03/12/2021
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If you have recently bought a newly constructed home or have had renovations completed on your existing home you need to be aware of the Florida Statute, Fla. Stat. § 95.11(3)(c) that govern your time limitations of legal actions that can be taken to remedy construction defects. It is important for homeowners to understand that under Florida law there are two different and defined types of construction defects, those that are readily-observable and those that are what is referred to as latent defects. If you have had any type of construction completed or started and abandoned, and have discovered an observable defect in construction, the law allows the occupant to file a claim for the remediation of the defect up to 4 years from the date of the issuance of occupancy or the date of the completed contract. If the defect is not readily observable, in other words, a latent defect, the statute of limitation to bring an action must commence within 10 years after possession or certificate of occupancy or date of construction abandonment or completed contract.
Because of the nature of construction work and the number of individual players involved, from architects, engineers, contractors, subcontractors, and even unskilled workers, construction defects are a very common issue in residential construction projects. Most of these types of defects that occur are readily seen and are therefore just as easily corrected. Many times, the defects go unnoticed until a review of the construction work takes place by trained eyes or some event triggers the results of the defect like water seepage from a poorly constructed roof. The law requires an action to be brought by the occupant within 4 years, based on the before mentioned criterion. But a latent construction defect is altogether different because it is not readily discovered upon casual observation. It is in all cases hidden from view and detection occurs when the defect is detected through other means than observation. Usually, the latent construction defect triggers an event in the distant future and the latent defect becomes apparent. If you are the victim of a construction defect or are defending an action brought by a homeowner, we here at Heekin Law, P.A. are very experienced in all types of construction law issues and are available to give legal advice and/or legal representation. It is important for players on both sides of these issues to understand the legal timeframes set forth by Florida law. Oftentimes, costly litigation can be avoided if the discovery has taken place within the limits of the defects discovered and construction remedies are completed so that both parties are satisfied and protected from further claims. But homeowners need to be cognizant of the limited timeframes involving both types of construction defects and if a remedy cannot be found, must take legal action within the boundaries set forth by law. Failure to do so will result in being barred from asserting legal action and the entity responsible for the defect cannot be held responsible.
If you have a construction law issue, non-performance, defect, lien, contract dispute, or any other legal matter, our lead construction law attorneys Geoff Heekin and Ariel Spires have over 40 years of shared construction law experience. Together they make up a formidable legal team of skilled negotiators ready to resolve disputes by amicably means or prepared to defend or bring your actions in a court of law. Give us a call at 904-355-7000 for a free, no-obligation consultation to discuss the facts and your case, and present you with legal options to achieve your goals.
