Florida Construction Defect Deadlines: The 7-Year Statute of Repose Explained
in 2023 Florida shortened the outer deadline to sue over a construction defect — and changed when that clock starts running. If you're relying on the old "10 years rule" you may have heard about, you could already be out of time, because the deadline is 7 years in Florida.
By Eliot B. Dempsey, Esq.
Most Florida homeowners who discover a construction defect assume they have years to act. That used to be closer to true. But in 2023, the Florida Legislature passed SB 360, and it fundamentally changed both how long you have to sue and — just as important — when that time period actually begins. If your home, condo, or commercial property was built any time in the last decade, understanding this change could be the difference between a valid claim and a claim that's permanently barred.
Statute of Limitations vs. Statute of Repose — They're Not the Same Thing
These two deadlines get confused constantly, and the difference matters:
The statute of limitations (Fla. Stat. § 95.11(3)(c)) gives you 4 years from the date you discovered, or reasonably should have discovered, the defect to file suit.
The statute of repose is an absolute outer deadline. It doesn't care when you discovered the problem — once it runs, your claim is generally barred, full stop, even if you had no idea the defect existed.
Repose is the one that changed.
What SB 360 Actually Changed
The old law was 10 years, but effective April 13, 2023 it became 7 years from the earliest of: temporary certificate of occupancy, certificate of occupancy, certificate of completion — or abandonment.
Notice both changes point the same direction: a shorter window, and a trigger date that hits sooner. Under the old rule, courts used whichever qualifying event happened last — often years after a project's TCO was issued. Under the new rule, it's whichever qualifying event happens first, which in most projects is the temporary certificate of occupancy. That can mean your repose clock started before you ever closed on the property.
Why This Combination Is a Trap
Many of the most serious construction defects — water intrusion behind stucco or windows, structural settlement, stucco and roofing failures — don't announce themselves right away. They can take years to become visible. Under the new law, it's entirely possible for the 7-year repose period to expire before a hidden defect ever surfaces. When that happens, the 4-year discovery clock never matters, because there's no claim left to bring.
How to Calculate Your Deadline
Find the earliest of: the TCO date, the final CO date, the certificate of completion date, or (if construction was abandoned) the abandonment date. Add 7 years. That is your outer, hard deadline — the statute of repose.
Separately, identify the date you discovered (or reasonably should have discovered) the defect. Add 4 years. That is your statute of limitations deadline.
You must file within both windows. In practice, the repose deadline is almost always the one that catches homeowners off guard, because it can expire regardless of when the defect was found.
Because SB 360's effective date creates transition questions for projects that were under construction before April 13, 2023, exactly which version of the law applies to a given timeline can depend on project-specific facts — this is not something to guess at.
Chapter 558 Still Applies
Before you can file a construction defect lawsuit in Florida, you're still required to serve a detailed written notice of claim under Chapter 558 and give the contractor a statutory window to inspect and respond before litigation begins. We've covered that process step-by-step in "Your Contractor Left You With a Defective Home. Now What?" — worth reading in tandem with this post, since the pre-suit process takes time that eats into whatever window you have left.
If You Suspect a Defect, Don't Wait
Do: document the defect with photos and dates, preserve all construction records and communications, and get your actual TCO/CO date confirmed as soon as possible.
Don't: assume you have "10 years," make permanent repairs before an attorney or expert has inspected the damage, or wait to see if the problem gets worse before calling someone.
Frequently Asked Questions
Does the new 7-year rule apply to my home if it was built before April 2023?
It depends on your project's specific timeline and which events occurred before or after the law's effective date. This is a fact-specific determination that should be reviewed by an attorney rather than assumed either way.
What happens if I don't discover the defect until after the 7-year repose period ends?
In general, once the statute of repose runs, the claim is barred even if the defect wasn't yet discoverable — which is exactly why prompt inspection of new construction, and prompt legal review the moment something looks wrong, matters so much under the current law.
Does the repose period apply only to the general contractor?
Fla. Stat. § 95.11(3)(c) applies broadly to actions founded on the design, planning, or construction of an improvement to real property — which can reach subcontractors, architects, and engineers, not just the general contractor. Who is a proper defendant depends on the specific defect and scope of work involved.
Was the 4-year discovery statute of limitations also shortened?
No, that period is still 4 years. But because it now runs in tandem with a shorter, earlier-triggered repose period, the practical window to act has shrunk significantly either way.
What should I do first if I think I have a construction defect?
Document everything, avoid signing any release or making irreversible repairs, and contact a construction defect attorney promptly to confirm your actual deadlines — don't rely on general timelines you've read online, including this one, without having your specific dates confirmed.
Construction Defect in Your Florida Home? The Clock May Already Be Running.
The Dempsey Law Firm represents Florida property owners in construction defect claims, from the Chapter 558 pre-suit process through litigation. We serve clients throughout Miami-Dade, Broward, Palm Beach, and across all 67 Florida counties. Contact us for a free, no-obligation case evaluation: (305) 320-1141 or eliot@thedempseylaw.com.