Executive Summary: Florida law limits construction defect lawsuits to 10 years from the latest of several key project milestones. This “statute of repose” permanently bars claims after that window, regardless of when the defect was discovered. Contractors and developers can protect themselves by keeping clear records, understanding when the clock starts, and enforcing good closeout practices.
In Florida construction, liability doesn’t last forever, but it lasts longer than many contractors think. When defects show up years after project completion, the question becomes: can the contractor still be sued? Florida’s 10-year statute of repose draws a hard line on how long claims can be brought, but only if you know when the clock starts ticking.
Understanding how this rule works is critical for managing risk, defending against old claims, and protecting your bottom line.
What Is a Statute of Repose?
A statute of repose sets an absolute deadline for filing a lawsuit, regardless of when the defect is discovered. Unlike a statute of limitations (which starts when the defect is discovered or should have been discovered), a statute of repose is based on a specific event. usually the completion of the project or issuance of a certificate of occupancy.
In Florida, the statute of repose for construction defect claims is 10 years under Fla. Stat. § 95.11(3)(c). Once those 10 years pass, the right to sue is permanently cut off, even if the defect appears later.
What Triggers the 10-Year Period?
Florida law says the 10-year period starts from the latest of the following four events:
- Actual possession by the owner
- Issuance of a certificate of occupancy
- Abandonment of construction (if the project was never completed)
- Completion or termination of the contract between the professional and the employer
This “latest of” language means the date can vary depending on the specific facts of the project. For example, if a certificate of occupancy is issued two months after the owner takes possession, the 10-year clock starts on the CO date.
Recent Legal Changes Affecting the Rule
In 2023, the Florida Legislature amended the statute to clarify some issues and close certain loopholes. The changes (effective for claims filed after April 13, 2023) now include an absolute 10-year cap, even when construction was completed in stages. The goal was to prevent plaintiffs from restarting the clock by pointing to later work or repairs.
The new version also reinforced that latent defects—defects that aren’t visible right away—do not extend the 10-year limit. Contractors can no longer be dragged into litigation 12 or 15 years after a job simply because a problem was recently discovered.
Why This Matters for Contractors and Developers
Construction defect lawsuits can involve millions in damages, especially in multi-family or commercial builds. If a contractor can show that the defect claim falls outside the 10-year window, the court must dismiss the case, even if the claim has merit.
But relying on the statute of repose requires good documentation. You’ll need proof of when possession occurred, when the CO was issued, or when the contract was completed. Without that, it’s harder to invoke the statute as a defense.
How to Protect Yourself
- Keep project records for at least 11–12 years after substantial completion, including COs, final pay apps, and contract closeout documents.
- Include clear completion language in your contracts. Document final inspections and owner acceptance of the work.
- Confirm coverage with your insurer, especially for “long tail” claims. Many carriers require notice of potential claims within a certain window.
- Use consistent closeout procedures across projects to avoid confusion about when the clock started.
Even though the statute of repose offers protection, it only works if you can prove when the 10-year period started and ended.
What About Warranty Claims?
The statute of repose is separate from any written warranties. If your contract includes a 1-year or 2-year workmanship warranty, that’s enforceable on its own timeline. But after 10 years, even if a warranty issue is discovered late, the statute of repose can still block the claim.
Keep in mind that fraud or intentional concealment of defects can override the statute of repose. Courts won’t protect contractors who tried to hide problems from owners.Old construction projects don’t have to mean new lawsuits. If you’re dealing with a defect claim or want to strengthen your documentation process to protect against future ones, Florida Construction Law Group can help you assess your risk and respond with confidence. Contact us today to find out where you stand under Florida’s 10-year statute of repose.
