Sun Sentinel highlighted the significant impact of Florida’s construction defect litigation timeline being shortened by three years—or 30 percent. With Governor Ron DeSantis signing Senate Bill 360 (“SB 360”) into law last summer, property owners now have a reduced window of seven years to bring forward construction defect claims. This change, effective July 1, 2024, requires associations and homeowners to act faster and smarter in understanding the implications of this new law and planning legal strategies for potential litigation over defects. Even if your property has surpassed the seven-year threshold, there may still be time to file a claim.
The finish line for filing claims is approaching quickly, and SB 360 could start the clock for defect pursuit even before an owner takes possession. It used to commence from the latest of specific dates but now starts from the earliest of several milestones, as outlined in the law.
“Although Florida’s construction defect timeline has been shortened by three years, that reduction means that the best time for you to be proactive in protecting yourself is now,” and to “know your options and work with the attorney to have a detailed legal plan in place to start the moment you discover construction defects,” offers Phillip E. Joseph and Gabriel C. Coelho, partners at Ball Janik.
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