Construction Claims and the Clock: What Florida Businesses Need to Know

Many construction defect claims in Florida must be filed within four years. The clock does not always start on the day you spot a problem, though. It starts on a trigger date tied to the building project, and an outer deadline can end a claim before a defect is found. This guide covers how deadlines can affect construction claims in Florida and what records to gather now. Eduardo A. Maura is the responsible lawyer for this page. Ayala Law PA focuses on business litigation, contract disputes, and construction litigation in Florida courts and arbitration.

How Long Do You Have to Sue a Contractor in Florida?

For many construction claims, you have four years to file suit under § 95.11. That period covers actions founded on the design, planning, or construction of an improvement to real property. The clock starts on a trigger date, such as the date a certificate of occupancy issues. 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.” It does not start on the day you first see a problem. An outer limit of seven years applies to these claims. A latent defect, meaning a hidden flaw you could not see, runs from discovery. Which rule fits depends on the facts of your project, so confirm the dates early. The sections below cover each trigger, the outer limit, contract and negligence clocks, and pauses.

Statute of Limitations vs. Statute of Repose

A statute of limitations sets the window to file suit. A statute of repose sets an outer deadline that does not move. Florida’s construction rule uses both ideas in one sentence. Under § 95.11, suit must start within four years of the trigger. In any event, it must start within seven years after the trigger date.

This difference matters. A claim can fit inside the four-year window and still be barred. Consider a home that receives a certificate of occupancy in March 2018. A hidden leak is found in 2024. Discovery alone would allow filing into 2028. But the seven-year outer limit ended in March 2025. Under the statute’s wording, that outer limit still controls. The statute then provides that, 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.

When the Four-Year Clock Starts: Accrual Triggers

The four-year period starts on the earliest of these dates:

• A temporary certificate of occupancy
• A certificate of occupancy
• A certificate of completion
• The date construction was abandoned, if the work was never finished

The earliest event controls. A later final inspection does not reset the clock. Repairs to completed work do not extend the period either. That holds for work done under a duly issued building permit and certificate, even under warranty. For a latent defect, time runs from when the defect was discovered or should have been discovered with the exercise of due diligence, but 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.

Special rules apply to some projects. A newly constructed single-dwelling home used as a model starts the clock on the date a deed first transferring title to another party is recorded. Each building in a multi-building project counts as its own improvement. A general rule also applies. Under § 95.031, a cause of action accrues when its last element occurs.

The Seven-Year Outer Limit for Construction Defect Claims

The outer limit for construction defect claims is seven years after the earliest trigger date. This limit applies in any event. It holds even when a defect is latent and found later. When a construction action involves a latent defect, the time runs from when the defect is discovered or should have been discovered with the exercise of due diligence (Fla. Stat. § 95.11). It cannot extend the outer limit.

One rule can give extra time in a lawsuit. Under § 95.11, a counterclaim, cross-claim, or third-party claim that arises out of the conduct, transaction, or occurrence set out or attempted to be set out in a pleading may be filed up to one year after the pleading it relates to is served. That applies even if the claim would otherwise be late. This can matter when a contractor or other party sues first. Waiting to see whether a warranty fix holds does not stop the clock.

Contract Claims, Negligence, and Other Time Limits

Contract and negligence claims can run on their own clocks. One project may carry several deadlines. Under § 95.11, an action founded on the design, planning, or construction of an improvement to real property must be commenced within four years, 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; 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, and in any event the action must be commenced within 7 years after that same earliest date. A professional malpractice claim other than medical malpractice, whether founded on contract or tort, is governed by a two-year period, which runs from when the cause of action is discovered or should have been discovered with the exercise of due diligence (Fla. Stat. § 95.11). It runs from discovery and is limited to persons in privity with the professional.

Under § 95.11(3)(i), a fraud claim, whether legal or equitable, must be filed within four years. Section 95.031(2)(a) sets a different starting point for that period: it runs from the time the facts giving rise to the claim were discovered or should have been discovered with the exercise of due diligence, not from the general accrual date. It must still start within 12 years after the fraud was committed.

Contracts cannot shorten the time to sue. Under § 95.03, a contract term that sets a shorter filing period than the statute is void.

Pauses in the Clock: Tolling and Pending Arbitration

A pending arbitration can pause the statute of limitations in Florida. Under § 95.051, the pendency of an arbitral proceeding on the same dispute tolls the time to sue. Absence from the state, or concealment in the state so that process cannot be served on the person, can also pause the clock. Those pauses do not apply if the person can be served in a way that gives the court jurisdiction.

Other reasons do not pause the clock unless the statute lists them, such as a payment on an obligation founded on a written instrument or use of a false name that blocks service. A disability or other reason does not toll the period, except in the situations the statutes list. Plan the filing date as if no pause applies. Relying on a pause can leave a claim exposed.

Next Steps for Florida Business Owners and Property Owners

Start by collecting the dates that control the clock. Gather these items:

• The contract signing date and the start and completion dates
• Any certificate of occupancy, temporary certificate, or certificate of completion, with dates
• Any abandonment date, if work stopped before finishing
• Permit numbers and inspection records
• The date each defect was first noticed
• Written messages with the contractor and any warranty repair records

Written records make the timeline easier to prove. Ayala Law PA’s office is at 1646 W Snow Ave, Tampa, Florida. If a defect, unpaid work, or breach has surfaced on your Florida project, reach out through our contact page so the filing dates can be reviewed in time.

Common Questions

Outer limits can shorten the limitations period.