{"id":7736,"date":"2026-11-03T07:43:03","date_gmt":"2026-11-03T07:43:03","guid":{"rendered":"https:\/\/www.lawayala.com\/resources\/resources-construction-disputes-florida-business-owners-guide\/resources-statute-of-limitations-repose-construction-florida\/"},"modified":"2026-11-04T01:32:50","modified_gmt":"2026-11-04T01:32:50","slug":"resources-statute-of-limitations-repose-construction-florida","status":"publish","type":"page","link":"https:\/\/www.lawayala.com\/resources\/resources-construction-disputes-florida-business-owners-guide\/resources-statute-of-limitations-repose-construction-florida\/","title":{"rendered":"Statute of Limitations for Construction Claims in Florida"},"content":{"rendered":"\n
<\/span>\"Half-built
\n

Construction Litigation | Tampa Bay and Hillsborough County<\/p>

Construction Claims and the Clock: What Florida Businesses Need to Know<\/h1>
Call (305) 570-2208<\/a><\/div>
Call (305) 570-2208<\/a><\/div><\/div>\n<\/div><\/div>\n\n\n

By Eduardo A. Maura \u00b7 Published November 3, 2026<\/p>\n\n

\n\n\n

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.<\/p>\n

How Long Do You Have to Sue a Contractor in Florida?<\/h2>\n

For many construction claims, you have four years to file suit under \u00a7 95.11<\/a>. 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. \u00a7 95.11<\/a> 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.<\/p>\n\n

\n

If a defect, unpaid work, or breach has surfaced on your Florida project, our team can review the filing dates with you before time runs out. Talk it through with our team — we can walk you through how a situation like yours is usually handled and what your options are.<\/p>

Schedule a consultation<\/a><\/div>
Schedule a consultation<\/a><\/div><\/div>\n<\/div>\n\n
\"Construction<\/figure>\n

Statute of Limitations vs. Statute of Repose<\/h2>\n

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 \u00a7 95.11<\/a>, suit must start within four years of the trigger. In any event, it must start within seven years after the trigger date.<\/p>\n

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.<\/p>\n

When the Four-Year Clock Starts: Accrual Triggers<\/h2>\n

The four-year period starts on the earliest of these dates:<\/p>\n