Construction defects are an issue for some people who have their homes renovated or repaired. These defects can come from shoddy materials or subpar workmanship, but the result is the same. The home might not be safe to live in and the work might all have to be redone again.
When you suspect that you have a construction defect that needs to be remedied, you have two time limits that you have to think about. One is the statute of repose, which is a time limit based solely on the amount of time that has passed since the job was done. The other is the statute of limitations, which is based on the amount of time since you noticed the issue.
In Florida, the statute of repose is 10 years, so you can take action 10 years from the date the job was done. The statute of limitations is four years, so you must take action within four years of the date you noticed the defect. It is possible for one of these time limits to run out while the other is still valid. Since both must still be effect when you file a claim, you won’t be able to file a lawsuit for a construction defect if one has expired.
Dealing with construction defects is something that homeowners don’t need to do while they are trying to get things back together after something happens to their home. If you are in this position, make sure that you learn your options for action right away so you can act quickly.
Source: FindLaw, “Construction Defect Basics,” accessed Oct. 04, 2017