A Statute of Limitations Checklist

Here’s an easy to use checklist of various construction related statutes of limitation. Save this blog post for future reference whenever you have a dispute so you don’t get caught without any legal rights. You need to sue to enforce your rights before any of these listed deadlines expire:

1) Any lawsuit, other than the ones listed below, involving the design or construction of a project must be brought within four years of the later of completion or abandonment of construction, certificate of occupancy or actual possession by the owner. The exception is for latent defects, suits for which must be brought within four years of first learning of a claim or symptoms that put you on notice of a claim. However, in no event may a claim for latent defects be brought more than ten years after the later of completion or abandonment of construction, certificate of occupancy or possession by the owner. §95.11 of the Florida Statutes.

2) Claims against a performance bond must be brought within five years of completion of construction.

3) Claims against public or private payment bonds must be brought within one year from the claimant’s last furnishing of labor, materials or services. §§713.23 and 255.05 of the Florida Statutes. Public private bond claims for retainage are extended to 120 days after a) the owner has paid the claimant’s retainage to the contractor, b) 70 days have passed since the contractor submitted its final pay application to the owner, c) 160 days have passed since substantial completion or beneficial occupancy of the project, or d) the claimant has asked the contractor in writing about any of the prior three conditions and the contractor failed to respond within ten days. §255.05

4) Claims for equitable lien must be brought within one year. §95.11

5) Claims for foreclosure of a claim of lien must be brought within one year of recording the lien. §713.22