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Is there a statute of limitation on when a homeowner or

insurance company can file a...
Is there a statute of limitation on when a homeowner or insurance company can file a workmanship claim against a contractor in the state of Florida for damages resulting for work performed?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Florida
JA: Has anything been filed or reported?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: The original work was performed 7 years ago. The original contract had a 1 year warranty for workmanship.
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Answered in 4 minutes by:
9/18/2017
ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 17,524
Experience: Licensed Texas General Practice Attorney
Verified

Thank you for using JustAnswer.

I'm sorry to hear about your situation. The statute of limitations pertains to defects, and it's typically 4 years or within a certain period of time after discovery of the defect. This defect can be in workmanship or design, or be connected to land movement.

Under Fla Stat 95.11(3)(c), the statute of limitations for construction defects claim is four years after the date the defect is first discovered or should have been discovered under due diligence. The current statute of repose expires after 10 years after the later of: (1) the date of actual possession by the owner; (2) the date of the issuance of a certificate of occupancy; (3) the date of abandonment of construction if not completed; or (4) the date of completion or termination of the contract between the professional engineer, registered architect, or licensed contractor and his or her employer.

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

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Customer reply replied 4 months ago
The job was completed in 2010 and the homeowners original compliant was in 2015. After attempting to solve the problem there has been no communication from the homeowner until now. If I understand your response correctly the statute of limitation has expired. Is this correct?

UNLESS the owner proves that it was discovered and only could have been discovered less than 4 years ago (with due diligence).

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Customer reply replied 4 months ago
the limitation applies if the homeowner discovered the problem within the first four years after completion of the job correct?
Weather or not they brought the problem to our attention?

That's correct.

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And to be clear, it's four years from when the defect was discovered, not if it was discovered in 4 years.

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So if it was discovered on day 1, it would be 4 years from the work done. If it was discovered five years after construction completed, then it would be 4 years after that (9 years). But if 7 years, it would be 10 years. That's what the 10 year statute of repose means, that no matter how long after the discovery was, 10 years is the absolute maximum time period. Does that make sense?

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Customer reply replied 4 months ago
I believe so. If they discovered the defect five years after the completion the four year period begins then. I.e. discovery was made in 2015 then it would be 2019 until the limit applied.

That's correct, assuming that it couldn't be reasonably discovered prior to that. They still have to show that when they discovered it was when it should have first been discovered using due diligence. If you can prove that it should have been discovered on day 1 if you had used due diligence, then day 1 would be the start, and the statute would have run out .

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Customer reply replied 4 months ago
the limitation applies from the time of discovery of a problem not when they brought it to my attention?
Customer reply replied 4 months ago
Does the original 1 year warranty in the original contract apply at all?

That's the express warranty. It wouldn't apply after 2010 (the end of the work).

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Customer reply replied 4 months ago
Ok thank you. It all makes my head hurt but I believe I understand it.

My pleasure. If there's nothing else, please rate this answer.

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If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

ScottyMacEsq
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