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When is it too late to sue for material defects in Florida?

On Behalf of | Feb 5, 2025 | Construction Law

Some construction defects are easily noticeable, so much so that you can spot them during the final inspection before turnover. These defects rarely lead to claims or lawsuits and may even be too unsubstantial to warrant legal action. 

But what about defects that take weeks, months or even years to manifest?  

These are called hidden or latent defects. If they stem from the negligence or poor workmanship of the contractor, you may have grounds for a claim or lawsuit. However, Florida imposes certain limits to such actions. Here is everything you need to know. 

What are material defects? 

According to the definition of the International Association of Certified Home Inspectors, material defects are issues significant enough that they impact the value of the property or pose a risk to people. 

That said, minor cosmetic issues such as chipping paint or slight wall deformations may not belong in this category. On the other hand, common examples of material defects include: 

  • Poorly built roofs that leak moisture into the house 
  • A cracked foundation caused by improper support 
  • A water-damaged deck from incorrect attachment to the house 

Generally, the defect must meet the definition of “material” before you can take legal action. Moreover, you must have proof that the contractor’s actions (or inaction) are the cause. Most homeowners hire home inspectors to collect this evidence. 

How much time do you have to take legal action? 

Florida’s statute of limitations for construction defects is four years. The clock starts running at the earliest of any of the following: 

  • The issuance of a temporary certificate of occupancy or certificate of occupancy 
  • The issuance of a certificate of completion 
  • The date of abandonment if the project is not completed 

For latent defect claims, the time starts when you discover or should have discovered the problem.  

On the other hand, the statute of repose is seven years. It is a hard deadline for filing claims or lawsuits, regardless of when you discover the defect. Likewise, the time starts at the earliest of the triggering events listed above. 

Do not wait until it is too late 

It is advisable to take action as soon as you discover a defect. Regular inspections can also uncover problems sooner rather than later, which could prevent arguments stating you should have discovered the defect earlier. 

Consider working with an attorney specializing in construction law. They can help you understand your legal options, protect your interests and decide the best next course of action. 

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