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Statute of limitations for construction defect claims

On Behalf of | Dec 27, 2018 | Construction Litigation |


There are many different construction projects in Florida and many different companies and individuals who work on these various projects. There are also many different products used to complete the projects and those products are made by many different companies. So, there are many different people and companies that need to be trusted to do their jobs correctly to ensure that the whole construction project is completed correctly.

However, due to the human element involved on construction projects, mistakes are going to be made from time to time. Usually before the project is completed these mistakes are found by the contractors before the project is complete, but there are other times when corners are cut on purpose to save time or money or for some reason the defects were not found during inspections. Sometimes, these defects are not found until after the owner of the property has taken ownership and something goes wrong.

In these situations, the owners of the property may have a claim for construction defects. They may be entitled to compensation to fix the problems, but in order to receive this compensation they must file claims against the construction company and that must be done within certain time periods. Most actions must commence within 10 years of the owner taking possession or the completion of the terms of the contract and paying the final payment. But, that can be extended for latent defects. The 10-year period for those does not begin until the defect is found or should have been found.

There are many things that can go wrong during any construction project and the larger the project, the more opportunity for things to go wrong. While many problems are corrected before the project is completed, many others are not found until sometimes years later by the owners. In many of these situations, the owner may have a claim, but they must commence it with the required time limits otherwise they could lose their opportunity to receive compensation for the defects. These are complicated matters though and experienced attorneys may be able to guide one through it.