Navigating Fla.’s Shorter Construction Defect Claim Window

Published in Law360 

In an article published in Law360, Ball Janik LLP Attorneys Brian Tannenbaum and Nicholas Vargo discuss that due to the rapid growth of the construction industry in Florida and the Southeast, condominium, and townhome owners must proactively engage in inspection and maintenance to ensure they are not facing construction defects. This becomes even more important as hurricanes become stronger and more frequent due to climate change, which may exacerbate construction defects. 

“On July 1, 2024, the Florida legislature reduced the time to bring a claim for construction defects from ten years to seven years,” write Vargo and Tannenbaum. “Because of the reduction in time, many condominiums and townhome communities may not discover construction defects until after claims are barred. … Developers routinely pressure new communities into signing broad general releases in exchange for temporary fixes or nominal compensation, including items the developer is already responsible for repairing.”

Tannenbaum and Vargo write that it is important for Florida homeowners and HOAs to know their rights, including that developers and contractors must provide a warranty for the roof, structural components, and mechanical, electrical, and plumbing elements (which serve multiple units). For townhome owners and HOAs, with no statutory warranties, amending HOA documents to meet the needs of the community and facilitate efficient maintenance and repair is advisable. Such a proactive approach is vital in safeguarding the buildings’ integrity and financial health.

“If your community is less than seven years old, it is imperative to have all buildings inspected by independent professionals skilled in forensic building investigations,” the authors write. “Such inspections are vital to identifying hidden construction defects and assessing future maintenance and repair needs before it is too late.”

Read the article in full; click here (subscriber-based).  


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