Your Construction Defect Case Can Expire—Even If the Damage Is Real

Construction defects rarely show up in obvious ways. They do not come with warning labels or dramatic failures on day one. More often, they appear slowly. A small leak that only shows up during heavy rain. Cracks that seem cosmetic at first. Doors and windows that never quite sit right. In Florida’s climate, where heat, moisture, and storms constantly stress buildings, these issues can take years to fully reveal themselves.

Here is the part that surprises many property owners.

In Florida, it does not matter how serious the defect is if the deadline has passed. Even a clear construction mistake can be legally untouchable if a claim is filed too late. That outcome often feels unfair, but it is how Florida law works.

Two legal deadlines control almost every construction defect case in this state. They are called the statute of limitations and the statute of repose. They sound similar, but they work in very different ways. Understanding the difference is critical for property owners, condominium associations, contractors, and developers.

Why Timing Matters So Much in Construction Defect Cases

Florida treats construction defect deadlines as hard rules, not suggestions. Courts apply them strictly. Judges cannot extend them because a defect was hidden, expensive to repair, or discovered late. If a claim is filed after the applicable deadline, the court must dismiss it.

These deadlines are set out primarily in Florida Statutes sections 95.11 and 95.031. Together, they create a two-part timing system. One deadline focuses on when a defect is discovered. The other focuses on how much time has passed since construction ended. To bring a valid claim, both deadlines must still be open.

That is where many cases fail.

The Four-Year Statute of Limitations and When the Clock Starts

Most construction defect claims in Florida are subject to a four-year statute of limitations. What makes this deadline different from many others is that it does not always start when construction is finished.

Instead, the clock usually starts when the defect is discovered or when it reasonably should have been discovered. This rule exists because many construction defects are hidden. Water intrusion behind walls, improper waterproofing, or structural problems inside concrete can exist for years before anyone sees clear signs.

Discovery does not mean knowing everything about the problem. Courts look at when there were enough warning signs to put a reasonable person on notice that something was wrong. Recurring leaks, unexplained staining, cracking, or repeated repairs can all trigger the statute of limitations, even if the full cause is not yet understood.

This is where many owners miscalculate their timeline.

Hidden Defects Versus Obvious Defects

Florida law treats hidden defects and obvious defects differently. A hidden defect is one that cannot be seen through reasonable inspection. An obvious defect is one that should be apparent to someone exercising ordinary care.

This distinction matters because obvious defects often start the clock earlier. If a problem could have been identified through a reasonable inspection, a court may decide that the owner should have discovered it sooner, even if the owner did not recognize its legal significance at the time.

Hidden defects benefit from delayed discovery, but that protection has a firm limit.

The Ten-Year Statute of Repose and Why It Is So Powerful

The statute of repose is where many otherwise valid construction defect claims come to an abrupt end.

In Florida, the statute of repose for construction defect claims is ten years. Unlike the statute of limitations, this deadline does not depend on discovery. It does not pause for hidden defects. It does not extend because the problem could not have been found earlier.

Once the repose period expires, the legal right to bring a construction defect claim is gone forever.

The ten-year period generally begins running from key construction milestones, such as when the owner takes possession of the property, when a certificate of occupancy is issued, when construction is completed or terminated, or when a project is abandoned. Determining the correct starting point often requires careful review of permits, contracts, and inspection records.

Once that starting date is set, the end date is fixed. Ten years later, the courthouse doors close.

How These Two Deadlines Work Together

One of the most confusing parts of Florida construction defect law is how the statute of limitations and statute of repose interact.

The statute of limitations gives you four years after discovery to file a claim. The statute of repose sets an outer limit on how long the law allows any claim to exist. Both must still be open for a claim to move forward.

This means a defect discovered late in a building’s life may still be barred, even if the owner acts quickly after discovery. A claim can be timely under the statute of limitations and still fail because the statute of repose has expired.

This overlap is one of the most common traps for property owners and associations.

Pre-Suit Notices Do Not Automatically Protect Your Deadline

Florida law requires a pre-suit notice and opportunity to cure process before filing a construction defect lawsuit. This step is mandatory and often leads owners to believe their rights are protected once notice is sent.

That is not always true.

Serving a pre-suit notice does not automatically stop the statute of repose. An owner who discovers a defect late in the ten-year window and spends months navigating the notice process may unknowingly allow the repose period to expire before filing suit. Contractors and developers are well aware of this risk and frequently raise it as a defense.

Timing matters at every step.

How Contractors Use These Deadlines as Defenses

For contractors, developers, and design professionals, statutes of limitations and repose are among the strongest defenses available. A successful repose defense can end a case before it really begins, regardless of whether the work was defective.

Defense teams often focus less on the defect itself and more on the timeline. Certificates of occupancy, contract completion dates, permit records, and ownership history become critical evidence. If the repose deadline has passed, courts generally have no discretion to allow the case to proceed.

Why Early Legal Review Is So Important

Construction defect claims are not something to put on the back burner. The moment a defect is suspected, deadlines should be analyzed. Determining when the clock started and when it will stop requires careful review of contracts, permits, inspections, and property history.

For property owners, waiting too long can mean losing rights forever. For contractors, understanding these deadlines can provide powerful protection.

The Bottom Line

In Florida construction defect law, timing is everything. The four-year statute of limitations offers some flexibility for hidden problems, but the ten-year statute of repose is final. Once that deadline passes, even the strongest claim disappears.

At DuFault Law, we represent property owners, developers, contractors, and construction professionals throughout Florida and Georgia in construction defect matters on both sides of these critical deadlines.

If you suspect a construction defect or need to defend against one, the clock may already be running.

If this article sounds uncomfortably familiar, it’s time to talk.

Construction defect deadlines in Florida are strict, and waiting too long can cost you the right to pursue or defend a claim. Contact DuFault Law today to get clear, practical guidance on your construction defect matter before the clock expires and your options disappear.

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• Email us at contact@dufaultlaw.com
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