Construction Liability and Statute of Repose in Florida
FL construction repose (Section 95.11(3)(c)): 4-year SOL from discovery + 10-year repose from latest triggering event (possession, CO, completion, or abandonment). Protects: GCs, subs, architects, engineers, suppliers. Absolute: bars even unknowable latent defects after 10 years. Warranty interaction: express/implied may survive repose (contract, not tort). Statutory: Section 553.835 (FBC obligations). Tort claims barred; contract may survive.
Timeline
- 4-year SOL from discovery
- 10-year repose from trigger
- Whichever comes first
Protected Parties
- GCs, subs, architects
- Engineers, suppliers
- Absolute protection after 10 years
Warranty Exception
- Express warranty may survive
- Implied warranty may survive
- Tort barred; contract may not
Related Terms
- Statute of Repose — General
Barnes Walker Construction
Barnes Walker’s attorneys handle construction liability in Florida. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC