Under new law, construction defects may go unpunished

Beginning this summer, Florida’s new state law on construction defects goes into effect, cutting by 30% the amount of time that property owners have to bring construction defect claims forward. That means property owners must move faster and smarter before the summer to understand the implications of the new law.

Gov. Ron DeSantis signed Senate Bill 360 into law last summer, but the law goes into effect July 1, 2024. Formerly, owners had a decade to being construction defect claims. After July, that window is reduced to just seven years. As it stands, if your property is already past the seven-year threshold, you still may have time to file a claim.

No one wants to find out that the home they paid good money for is defective, but the sooner you know about it, the better your chances of seeking a remedy — as well as remuneration from the builder. You must understand that the finish line, in terms of the deadline you have to file claims, is racing toward you now. And SB 360 potentially starts the clock for defect pursuit even before an owner takes possession. It used to start from the latest of the following dates — but now commences from the date of the earliest of any of the following:

1. issuance of a temporary certificate of occupancy.

2. issuance of a certificate of occupancy.

3. issuance of a certificate of completion

4. the date of abandonment of construction if not completed.

While all of this might seem concerning, owners with the proper counsel and adherence to the necessary legal processes can still beat this faster Florida defects clock. And the single best way to do this is by understanding your rights. For example, under SB 360, the first building of a multi-building project to be completed would kick off the seven-year timeline — as would the day a temporary occupancy certificate is issued in another scenario.

Litigation can take time, so the earlier you start the construction defect process, the better. This is why, in addition to knowing about the law and your rights, you must be thoroughly aware of the state of your property. It’s imperative to be proactive with maintenance and frequent checks of your building’s integrity. Hire licensed engineers to perform due diligence of this sort. The same goes for issues such as water intrusion, which can take time to detect; hiring qualified inspectors to keep an eye out for this not only can save you from bigger problems later but can also help you stay well ahead of that seven-year deadline.

Know your options and work with an attorney to have a detailed legal plan in place to start the moment you discover construction defects.

Although Florida’s construction defect timeline has been shortened by three years, that reduction means that the best time for you to be proactive in protecting yourself is now. Waiting until you approach the deadline may lead to exorbitant repair costs if you are unable to hold builders and developers accountable.