Florida’s Construction Claims & Building Code Violations

Florida’s Construction Claims & Building Code Violations

Dive into our latest episode where we unpack significant legal updates affecting Florida’s construction industry. The Statute of Limitations for Negligence (627.756(1)), effective March 24, 2023, shortens the limitation period for claims based on negligence from 4 years to 2 years. However, the 4-year period remains for actions rooted in design, planning, or construction of improvements to real property. The distinction between the new 2-year negligence claim and the 4-year statute can be intriguing.

The Statute of Repose (95.11), effective April 2023, marks a shift in the commencement of the 4-year statute and reduces the statute of repose from 10 years to 7. If an improvement involves multiple buildings, each will now be individually considered for determining the limitation period.

In the Civil Claims Requirement (553.84), effective in April 2023, a ‘material violation’ of the Florida Building Code is a prerequisite for any party seeking damages. This violation refers to any breach that might reasonably lead to physical harm or significant damage to a building’s performance.

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About Alex Barthet

Alexander Barthet is a board certified construction attorney in Florida and holds a B.S. in mechanical engineering.  He manages The Barthet Firm, a ten lawyer construction law firm in Miami, and maintains a construction law blog at www.TheLienZone.com. He can be reached at 305-347-5295 or alex@barthet.com.