Florida doesn’t set one deadline for contractor liability. If you’re asking how long a contractor is liable for work in Florida, Fla. Stat. § 95.11 provides that an action founded on the design, planning, or construction of an improvement to real property must be commenced within the period it sets, with the time running from the 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 of construction if not completed, whichever date is earliest, except that when the 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; in any event, the action must be commenced within 7 years after the earliest of those dates. However, counterclaims, cross-claims, and third-party claims that arise out of the conduct, transaction, or occurrence set out in a pleading may be brought up to 1 year after that pleading is served, even if they would otherwise be time barred. The claim type and the project’s paperwork decide which clock applies. How a deadline applies depends on the facts of your project.
The short answer: Florida uses several different clocks
Florida uses several separate time limits, and each one starts from a different event. Mixing them up is an easy way to get a date wrong.
That subsection covers actions founded on the design, planning, or construction of an improvement to real property. Fla. Stat. § 95.11 reads: “(b) An action founded on the design, planning, or construction of an improvement to real property, with the time running from the 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 of construction if not completed, whichever date is earliest; except that, when the 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.”
An outer cutoff also applies. Start by naming the type of claim, then find its start date.
If a defect, delay, or unpaid bill is affecting your Tampa Bay project, our team can help you check the dates that apply to your situation, so call (305) 570-2208 or request a case evaluation. Talk it through with our team — we can walk you through how a situation like yours is usually handled and what your options are.
The four-year limitation period and when it starts
For most construction defect claims, the four-year clock starts on a project milestone, not on the day a problem appeared.
That period runs from the earliest of these dates: the 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 of construction if not completed. If construction was abandoned before it was finished, the abandonment date counts too, and the earliest date controls.
Hidden defects follow a different start. When a defect is latent (hidden), the clock runs from when it was discovered, or when it should have been discovered with due diligence (reasonable care in looking), but in any event the action must be commenced within 7 years after the earliest certificate or abandonment date.
Some other rules matter. Fixing finished work, even under warranty, doesn’t extend the period for work covered by a building permit and final certificate. On a project with several buildings, each building has its own clock. If a new single-dwelling home was used as a model, the clock starts when the first deed transferring title to another owner is recorded.
The statute of repose: the outer limit
A statute of repose is a hard outer deadline. For actions founded on the design, planning, or construction of an improvement to real property in Florida, that outer limit is seven years after the earliest of these dates: the 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 of construction if not completed. Counterclaims, cross-claims, and third-party claims arising out of the conduct, transaction, or occurrence set out or attempted to be set out in a pleading may still be brought up to 1 year after that pleading is served, even if they would otherwise be time barred.
In any event, the action must be commenced within 7 years after the 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 of construction if not completed, whichever date is earliest. That limit runs from the triggering event, not from discovery.
The difference matters. A four-year limit can start later for a hidden defect. The seven-year limit doesn’t wait for discovery, so a defect found late may fall outside it.
One related rule covers counterclaims. Counterclaims, cross-claims, and third-party claims tied to the same events may be filed up to one year after the pleading they relate to is served. That’s true even if they would otherwise be late.
Contract-based claims: written and oral agreements
Contract claims can have their own deadlines, separate from the construction defect rule. The contract itself shapes what you can claim, so read its terms, warranty language, and change orders together.
Some disputes are framed as fraud or other torts (wrongs apart from the contract). Under Third District law, a party generally cannot recover in tort for what is really a contract dispute. Frutafino v. Dole Chile applied that rule in a 2025 decision.
Attorney fees are another point. Under Florida law, each party generally pays its own attorney’s fees unless a contract or statute provides otherwise. The Florida Supreme Court stated that rule in Price v. Tyler.
Building code violations and inspection history
A building code violation can overlap with a defect claim, so inspection history deserves close attention. Permit approvals, inspection results, and final certificates show what the building department reviewed and when.
Those dates often line up with the clocks described above, so pull them early. If a code problem appears during repairs, write down what the inspector said, who was present, and the date.
Who pulled the permit and who did the work both matter. Keep code issues on a separate line in your timeline from ordinary defects.
Lien foreclosure deadlines run on a separate track
Owners, general contractors, and subcontractors on the same job each need to track their own notice and recording dates. Keep those dates on their own calendar, apart from the defect deadlines. A lien remedy is not the same as a lawsuit over defective work, so plan each one separately.
Not sure what your next step is?
Talk it through with our team — we can walk you through how a situation like yours is usually handled and what your options are.
Records that help establish timing
The records you keep often decide which clock applies and when it started. Gather the signed contract, change orders, permits, inspection reports, certificates of occupancy or completion, and project emails or letters.
Add dated photos, written notices of defects, invoices, and payment records. Put everything in date order. A dated photo of a crack, or a written notice sent to the contractor, shows when a problem was noticed. That matters for hidden defects, because for a latent defect the time runs from when the defect is discovered or should have been discovered with due diligence, but the action must still be commenced within 7 years after the certificate or abandonment date, whichever is earliest.
If a document is missing, note where it might be and who had it. Gaps are easier to fill while people still remember the dates.
Talk with our team about your project’s timeline
If a defect, an unfinished job, or an unpaid bill has already disrupted your home or business, you’re likely trying to sort out what comes next. Some readers research this for a family member or for a company they manage.
Eduardo A. Maura is the responsible lawyer for this page. The firm’s office is at 1646 W Snow Ave in Tampa, and it serves businesses and property owners in Tampa Bay and Hillsborough County. For the wider picture, see our construction contract disputes page.
Quick answers
Does one filing deadline apply to every construction-related claim?
Not necessarily.
When does the seven-year limit start?
It runs from the earliest certificate or abandonment date in the statute, not from when a defect was found. Fla. Stat. § 95.11 reads: “(b) An action founded on the design, planning, or construction of an improvement to real property, with the time running from the 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 of construction if not completed, whichever date is earliest; except that, when the 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.”
If a defect, delay, or payment dispute is affecting your Tampa Bay or Hillsborough County project, call (305) 570-2208 or request a case evaluation to review the dates tied to your own situation.
