Ditchmen • NUCA of Florida Ditchmen • May 2017 | Page 10

of repose for construction
projects. The bill defines
the date of completion of
a construction contract to
be used when determining
the start of the statute of
limitations and statute of
repose in construction defect
cases. The measure was
advanced in response to a
recent court decision that
found that a construction
contract is complete when
the final payment is made.
Current law provides that a
cause of action founded on
the design or construction of
a building is subject to a four-
year statute of limitations and
a 10-year statute of repose.
The statute of limitations
and the statute of repose
begin at the latest date of the
following:
• The date of actual
possession;
• The date a certificate of
occupancy is issued;
• The date construction, if not
completed, is abandoned; or,
• The date the contract is
completed or terminated.
The statute of limitations for a
latent defect begins when the
defect was or should have
been discovered, but the
statute of limitations may not
extend beyond the statute of
repose. The statute of repose,
therefore, may limit a cause
of action for a latent defect
even if the injured party has
no knowledge of it. The bill
provides that a construction
contract is considered
complete on the latter of the
date of final performance of
all the contracted services or
the date that fin