New Law in Florida Reduces Timeframe for Construction Defect Lawsuits

Lake Mary, Florida —

The statute of limitations for homeowners in Florida seeking redress for building problems through litigation has been significantly reduced.

Important Things To Know

1. The statute of limitations for errors in construction was reduced from ten to seven years in 2023 by a bill signed into law by Florida legislators and Governor Ron DeSantis.
2. Following the departure of several insurance firms from the state, politicians enacted the new regulation to make the business more advantageous to them, according to construction defect attorney Jeff Widelitz.
3. If the new statute had been in existence when the owners of Grande Oaks first learned about the concerns, according to Mary Corr, who serves as president of her HOA, they would have had more time to sue.

Homeowners and HOAs in Florida now have seven years instead of ten to sue builders for flaws, thanks to a measure enacted in 2023 by lawmakers and signed into law by Governor Ron DeSantis. The deadline for the grace period was July 1.

While still residing in their townhomes, Mary Corr and other residents of Grande Oaks at Heathrow are undergoing extensive repairs.

Problems with the initial build necessitated these fixes. Those responsible for the repairs are SMH Construction Services.

Corr expressed his admiration for the extensive work involved in constructing the complete house, including the windows, framing, stucco, and every part.

According to Corr, it took several years after the houses were built for the flaws to be found.

The wood on Corr’s balcony had deteriorated when the testing crew opened it, she explained.

Her homeowner’s association president is Corr. According to her, the owners of Grande Oaks would not have had enough time to sue had the new statute been in existence when they first learned about the concerns.

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“I couldn’t physically see anything,” Corr stated, adding that he had not noticed anything. “As a homeowner, this new law would have been extremely detrimental to me.”

Ball Janik attorney Jeff Widelitz deals with cases involving construction defects.

“It’s going up faster than we’ve ever seen it before,” Widelitz exclaimed, describing the unprecedented volume of a new building. What we’re witnessing with this new development is the inevitable consequence of working at high speeds: mistakes.

According to Widelitz, the new rule was enacted by lawmakers in an effort to reenter the market favorably for insurance firms following their departure from the state.

To avoid spending millions of dollars, Widelitz said, “Just get ahead of it,” meaning to begin the process at least six or seven years in advance.

Fortunately, Corr and the other homeowners of Grande Oaks began fixing the damage quickly enough. New homeowners should listen to her message.

“Get an engineer to come in and take a look at your building. Time is of the essence, and you’ll need to move quickly,” Corr said.

Also, she’s crossing her fingers that the new law may be overturned by lawmakers.

“Revert it to its original state because the necessary time is required to guarantee the structural soundness of your buildings,” Corr said.

The home that Corr owns is almost finished with its repairs. She claims that the repair costs for herself and other Grande Oaks homeowners could have reached $80,000 if the builder hadn’t settled with them.