Statute of Limitations and Statute of Repose in Florida Construction Defect Litigation
Michael Bittner May 17, 2018 in Florida Construction Law
A claimant’s right to bring a cause of action based on a construction defect does not extend indefinitely. Builders, developers, contractors, and owners all must be aware of the time limitations for filing a lawsuit for construction related claims. In cases involving the design, planning, or construction of an improvement to real property, the Statute of Limitations provides that a claimant has four years to bring a lawsuit after a project is completed or upon […]
Continue ReadingFlorida Supreme Court Holds Chapter 558 Construction Defect Notice May Trigger Duty to Defend
Michael Bittner Apr 3, 2018 in Florida Construction Law
Florida’s Construction Defect Statute provides an opportunity to resolve construction defect claims prior to litigation. It was instituted to streamline construction defect claims and encourage early alternative dispute resolution. Pursuant to Chapter 558, a claimant must serve a written notice of construction defect claim prior to bringing an action. The question of whether such notice constituted a “suit” triggering insurance coverage has been an unresolved question. On December 14, 2017, the Florida Supreme Court resolved […]
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