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Submission of Pre-Suit Claim Notice Required by Construction Defect Statute Timely 'Commences the Action' Within the Meaning of the Florida Statute of Repose

Gindel v. Centex Homes, 2018 Fla. App. LEXIS 13019 (Fla. 4th DCA Sept. 12, 2018)

Author: Stephen W. Kiefer

11/15/2018

Read the full post at Constructlaw

Submission of Pre-Suit Claim Notice Required by Construction Defect Statute Timely 'Commences the Action' Within the Meaning of the Florida Statute of Repose

A group of townhome owners (the Homeowners) sued the contractor and a subcontractor (collectively, Contractor) who built their townhomes, alleging that Contractor performed defective work. Contractor had completed construction and conveyed the townhomes to the Homeowners on March 31, 2004. The Homeowners did not discover the alleged defect until years later. On February 6, 2014, nearly ten years after Contractor completed the work, the Homeowners notified Contractor of the claimed construction defect. The Homeowners provided that notice in accordance with Florida’s construction defect statute (Fla. Stat. §§ 558.003; 558.004) that requires pre-suit notice of construction defect claims. The Homeowners completed the statutory pre-suit procedure and filed their lawsuit on May 2, 2014, more than ten years after taking possession of the townhomes. Contractor argued that Florida’s ten-year statute of repose barred the lawsuit. 

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