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Florida Construction Law Update

Category Archives: Statutes of Limitations

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The Florida Supreme Court Limits the Statute of Limitations: Caduceus Properties v. William Graney

Posted in Statutes of Limitations

The Florida Supreme Court’s recent decision in Caduceus Properties v. William Graney, et al.[1] limits the applicability of the Statute of Limitations to a primary Plaintiff attempting to file a direct claim against a previously named Third-Party Defendant. The case addressed the timeliness of an Amended Complaint with a direct claim against a Third-Party Defendant… Continue Reading

Statute of Limitations and Statute of Repose in Florida Construction Law Matters

Posted in Statutes of Limitations

Florida’s Second District Court of Appeal recently issued an opinion changing the burden under Florida’s Statute of Repose for a party to demonstrate that a lawsuit based on the “design, planning, or construction of an improvement to real property” was barred for not being filed within the allotted period of time. § 95.11(3)(c), Fla. Stat…. Continue Reading

A Tale of Two Districts: Florida Courts Split on the Application of Relation Back To Add Third Party Defendants As Direct Defendants After Expiration of the Statute of Limitations

Posted in Architects, Construction, Contractors, Negligence, Statutes of Limitations, Subcontractors, Uncategorized

The situation is a familiar one. An Owner of a completed construction project notifies the Architect and/or General Contractor of alleged construction deficiencies at a Project. Review by the Architect reveals that the alleged deficiencies, if true, relate to the work of its sub-consultants (or in the case of a General Contractor his subcontractors). The… Continue Reading

S.O.L on Claims Against Subcontractors for Latent Defects

Posted in Construction, Contractors, Statutes of Limitations

The case of Joel and Marcia Hochberg v. Thomas Carter Painting, Inc., 36 Fla.L. Weekly D1200f, addresses the point of time at which the statute of limitations begins to run in latent defects cases.  In 2000, homeowners, Joel and Marcia Hochberg, hired a general contractor to construct a new home for them, and the general contractor… Continue Reading

Time’s up!: Florida Supreme Court may Consider Statute of Limitations Dispute in Multi-Party Construction Defect Claim

Posted in Construction, Engineers, Statutes of Limitations, Subcontractors

Time’s up! That’s never a phrase we want to hear. It evinces memories of school tests and entrance exams. Well, in the legal arena, deadlines are all the more critical. Litigants often fight over filing deadlines for cases, or statutes of limitation, in the prosecution and defense of claims. Most recently, the First District Court… Continue Reading