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Florida Legislature Amends Statutes of Limitation on construction related lawsuits

Fri, Jun 21, 2019 at 1:33PM

The Florida Legislature made substantial amendments to Florida Statutes Section 95.11(3)(c) regarding statutes of limitations on construction related lawsuits.

The Amendment extends the time to bring a counterclaim, cross-claim or third-party claim up to one year after being served in the original action.  As to claims based on the design, planning or construction of real property, the amendment further defines “completion of the contract”.  Specifically, the amendment states that once a governmental authority issues a certificate of completion or certificate of occupancy, any action by the contractor to correct defects or deficiencies, or to complete punch list work or warranty obligations, does NOT thereby extend the time for beginning the running of the statute of limitations or statute of repose.  The Amendment applies to any action commenced on or after July 1, 2018.

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