Contractor Liability for Latent Defects in Florida

Florida sets two separate time limits for actions founded on the design, planning, or construction of an improvement to real property, and either one can end a claim. For a latent defect, the four-year limit generally runs from when the defect was discovered or should have been discovered. An outer seven-year limit runs from the earliest date the authority having jurisdiction issues a temporary certificate of occupancy, a certificate of occupancy, or a certificate of completion (or the date of abandonment if construction is not completed). However, counterclaims, cross-claims and third-party claims arising from the same conduct may be brought up to 1 year after the related pleading is served, even if they would otherwise be time barred. This page answers the question: How long is a contractor liable for latent defects? Eduardo A. Maura is the responsible lawyer for this page. Ayala Law PA’s office is at 1646 W Snow Ave in Tampa, Florida, and the firm serves businesses and property owners in Hillsborough County and the Tampa Bay area.

The Short Answer: Two Separate Clocks Apply

Florida uses two time limits for construction claims, and you need to check both. The first is the statute of limitations, which sets how long you have to file suit. The second is an outer cutoff measured from the project’s completion. Florida law generally gives four years to bring a claim founded on the design, planning, or construction of an improvement to real property. That period is measured from the earliest of the date the authority having jurisdiction issues a temporary certificate of occupancy, a certificate of occupancy, or a certificate of completion, or, if construction was never completed, the date it was abandoned. For a latent defect, that period runs from discovery. The general rule is that a cause of action accrues when its last element occurs, as described in Fla. Stat. § 95.031. Whether a claim is still timely depends on the facts of your project, especially the completion and discovery dates.

What Makes a Defect Latent Rather Than Patent

A latent defect is a hidden flaw that a normal walkthrough would not reveal. A patent defect is the opposite: an obvious problem, such as an unfinished trim line or a cracked tile, that an owner would spot right away. For an action founded on the design, planning, or construction of an improvement to real property, the discovery rule applies when the action involves a latent defect. Common hidden examples include poorly installed waterproofing, weak structural framing, buried plumbing or wiring faults, and foundation movement. These often surface months or years later, after rain, heat, or daily use exposes them. Write down the first date you noticed any problem, even a small one. A ceiling stain can matter as much as a major leak, because the date you knew or should have known can start the clock.

Statute of Limitations: Four Years From Discovery

For a latent defect, the four-year period runs from discovery, not from the day the project finished. The statute uses the phrase “discovered or should have been discovered with the exercise of due diligence.” That second part is where most disputes happen. The question is when a reasonable owner should have noticed the problem, and that date is often argued. Keep records that show the timeline: inspection reports, repair invoices, emails, texts, and dated photos. Under the same statute, correcting completed work under a duly issued building permit and certificate does not extend the deadline to sue. Waiting to look into a problem can shrink the time you have left.

Statute of Repose: The Outer Deadline That Runs From Completion

Those are the temporary certificate of occupancy, the certificate of occupancy, or the certificate of completion, or the date of abandonment if the work was never finished. Discovery does not extend this outer limit. When an action involves a latent defect, the time runs from the time the defect is discovered or should have been discovered with the exercise of due diligence, as stated in Fla. Stat. § 95.11. Gather these dates early. For a newly built single-dwelling home used as a model, the clock starts when a deed is recorded transferring title to another party. If a project includes several buildings, each building counts as its own improvement, so the dates can differ. Projects finished many years ago may fall outside the outer limit entirely.

Who Can Be Liable for a Latent Defect

The general contractor is often the first party owners look at, because it manages the work. A claim that is really a contract dispute raises a separate question. Under the common law principle that a plaintiff may not recover in tort for a contract dispute unless the tort is independent of any breach of contract, as explained in Frutafino, S.A.S. v. Dole Chile, S.A..

Talk Through Your Timeline With Ayala Law PA

The most practical next step is to pin down your dates before any deadline runs. Ayala Law PA focuses on construction litigation, including contractor and subcontractor disputes, lien foreclosure, and construction contract fraud. The firm serves businesses and property owners in Hillsborough County and the Tampa Bay area from its office at 1646 W Snow Ave, Tampa, FL. Eduardo A. Maura is the responsible lawyer for this page. Fee terms are discussed directly with the firm when you get in touch.

If you’ve found a hidden problem on a project you own or manage, you don’t have to work out the deadlines alone. Call (305) 570-2208 or use our contact form to talk through your discovery date, completion date, and the records you already have.