How Long Is a Contractor Liable for Their Work in Florida?

How Long Is a Contractor Liable for Their Work in Florida?

In Florida, a contractor can generally be held liable for defective work for up to 4 years from when the problem was discovered (or should have been discovered), but no longer than 7 years after construction is completed — whichever comes first. This 7-year outer limit, called the statute of repose, was shortened from 10 years by Senate Bill 360 in 2023 and applies even to hidden ("latent") defects you could not have found earlier.

Florida sets two separate clocks on construction-defect claims, and missing either one can permanently bar your case. Below is exactly how each deadline works, what triggers it, and the steps to take before time runs out.

The Two Deadlines: Statute of Limitations vs. Statute of Repose

Florida law (Fla. Stat. §95.11) imposes two distinct time limits that work together. Understanding the difference is essential because a claim can be timely under one and barred by the other.

The 4-year statute of limitations is the "discovery" clock. For a defect in the design, planning, or construction of an improvement to real property, you have 4 years to file suit. The key feature is that this clock generally does not start until the defect is discovered or, with due diligence, should have been discovered. This protects homeowners against problems that are not visible right away — a slow roof leak, a foundation crack hidden behind drywall, or stucco that fails years later.

The 7-year statute of repose is the absolute outer limit. No matter when you discover a defect, you generally cannot sue more than 7 years after construction is complete. Even a genuinely latent defect found in year 8 is typically time-barred. Before the 2023 amendment, this window was 10 years; it now stands at 7 for actions commenced on or after the law's effective date. (A brief legislative grace period that allowed certain older claims to be filed expired July 1, 2024.)

In plain terms: the statute of limitations can give you less than 7 years if you discover the defect early, while the statute of repose caps you at 7 years even if you discover it late.

When the Clock Starts: The "Earliest Of" Trigger

One of the most important changes in the 2023 law is how the repose clock starts. Florida now measures the period from the earliest of the following events:

• Issuance of a temporary certificate of occupancy
• Issuance of the certificate of occupancy
• Issuance of a certificate of completion, or
• The date of abandonment of construction, if the project is never completed

Under the prior version of the statute, the clock ran from the latest of several events (including actual possession by the owner and the date the contract was completed or terminated). Switching from "latest" to "earliest" — and eliminating triggers like owner possession and contract completion — means the deadline now arrives sooner. For a homeowner, that makes it critical to know the certificate-of-occupancy date for the work in question, because that date often controls.

Because these dates can differ by months, pull the permit and inspection records from your local building department early. The recorded certificate dates, not your closing date or move-in date, are what a court will use.

Florida's §558 Pre-Suit Notice Requirement

Before you can file most construction-defect lawsuits in Florida, Chapter 558 of the Florida Statutes requires a mandatory pre-suit process. You generally must serve the contractor (and often the subcontractors, suppliers, or design professionals) with a written Notice of Claim describing the defects in reasonable detail at least 60 days before filing suit — or 120 days for claims involving an association representing more than 20 parcels.

After receiving the notice, the contractor has the right to:

• Inspect the property and the alleged defects,
• Offer to repair the defect at no cost,
• Offer a monetary settlement, or
• Dispute the claim.

This process is designed to give the parties a chance to resolve the problem without litigation. Importantly, serving the §558 notice does not stop the statute of limitations or repose from running unless the parties agree otherwise — so you must build the 60-to-120-day notice window into your timeline. Do not wait until the final weeks before a deadline to start, because the pre-suit period can consume the remaining time you have to sue.

Other Liability Periods: Warranties, Licensing, and Contract Claims

The statute of repose is not the only thing that affects how long a contractor stands behind their work. Several other timeframes and protections may apply:

Written-contract vs. negligence claims. A breach of a written contract in Florida carries a 5-year statute of limitations, while general negligence claims carry 4 years. For construction defects specifically, the §95.11 defect provisions above usually control, but the type of legal theory you pursue can change the analysis. An attorney will identify which limitation period gives you the strongest, timeliest claim.

Express and implied warranties. Many Florida contracts include an express workmanship warranty (often 1 year) and may carry separate warranties on materials or systems. Florida also recognizes an implied warranty of habitability and fitness for new residential construction in certain circumstances. New-home builders frequently provide warranties under a statutory home-warranty framework as well. These warranty periods are independent of — and usually shorter than — the statute of repose.

Contractor licensing (Chapter 489). Florida regulates construction contractors under Chapter 489. Using an unlicensed contractor changes your rights significantly: unlicensed contractors generally cannot enforce their contracts or place valid liens, and hiring one can affect insurance coverage. The Florida Department of Business and Professional Regulation (DBPR) handles licensing complaints, and the Florida Homeowners' Construction Recovery Fund may, in limited cases, compensate homeowners harmed by a licensed contractor's misconduct. Verify any contractor's license at MyFloridaLicense.com before and after work.

Insurance overlap. Many defective-construction problems — water intrusion, roof damage, structural movement — also generate a property-insurance claim. Florida property policies impose their own duties, including prompt notice of the loss and a sworn proof of loss, with strict deadlines that run separately from any claim against the contractor. If both a contractor and an insurer may be responsible, you often need to protect both tracks at once.

What to Do Before Your Deadline Runs Out

If you suspect defective work, act quickly and methodically:

1. Document everything now. Photograph and video the defect, and note when you first noticed it — the discovery date can decide whether your claim is timely.
2. Pull the certificate dates. Get the certificate of occupancy/completion from your local building department; this often controls the 7-year repose clock.
3. Gather your paper trail. Collect the signed contract, change orders, invoices, permits, inspection reports, and all communications with the contractor.
4. Get an independent inspection. A licensed engineer or qualified building inspector can confirm the defect, its cause, and the cost to repair — evidence you will need for the §558 notice and any lawsuit.
5. Verify the license. Confirm the contractor was properly licensed under Chapter 489 at the time of the work.
6. Don't wait to send the §558 notice. Remember the mandatory 60-to-120-day pre-suit window and build it into your timeline.
7. Talk to an attorney early. Deadlines in construction cases are unforgiving, and the "earliest of" trigger means the repose period may have started sooner than you think.

Frequently Asked Questions

Q: What is the difference between a patent and a latent defect in Florida? A: A patent defect is one that is obvious or readily observable on reasonable inspection — for example, visibly crooked tile or a missing handrail. A latent defect is hidden and not discoverable through ordinary inspection, such as a leak inside a wall or a structural flaw beneath the surface. The discovery rule that delays the 4-year statute of limitations primarily benefits latent defects, but the 7-year statute of repose still caps your time even for hidden problems.

Q: Can a contractor be sued after 7 years in Florida? A: Generally, no. The 7-year statute of repose is an absolute bar for most construction-defect claims, even if the defect was impossible to find earlier. There are narrow exceptions and the analysis depends on your specific facts (including when the controlling certificate was issued), so have an attorney review your situation before assuming a claim is dead — or alive.

Q: Does the 7-year clock start when I move in or when I sign the contract? A: Neither, in most cases. Florida now measures the repose period from the earliest of the temporary certificate of occupancy, certificate of occupancy, certificate of completion, or the date construction was abandoned. Your move-in date, closing date, or contract-signing date usually do not control. Pull the building-department records to find the operative date.

Q: How long does a contractor have to warranty their work in Florida? A: Florida does not set a single universal warranty length. Workmanship warranties are commonly 1 year by contract, while material and system warranties vary. New residential construction may also carry an implied warranty and statutory home-warranty protections. These warranty periods are separate from — and usually shorter than — the statute of repose, so a claim can survive past a warranty even after the warranty expires.

Q: What if my contractor was not licensed? A: Hiring an unlicensed contractor (in violation of Chapter 489) changes your rights. Unlicensed contractors generally cannot enforce their contracts or record valid liens, and you may have additional remedies. File a complaint with the DBPR, and ask an attorney whether the Florida Homeowners' Construction Recovery Fund or other relief may apply.

Q: Do I have to send a notice before I sue my contractor? A: Yes. Under Chapter 558, you generally must serve a written Notice of Claim and give the contractor 60 days (or 120 days for larger association claims) to inspect, repair, settle, or dispute before filing suit. Skipping this step can get your lawsuit paused or dismissed, so plan for it in your timeline.

Talk to a Florida Attorney

Construction-defect deadlines in Florida are short, overlapping, and easy to miss — and the 2023 changes made them shorter. If you are dealing with defective work, a leaking roof, foundation problems, or a contractor who walked off the job, do not wait for a deadline to decide your case for you.

Louis Law Group helps Florida property owners hold contractors and insurers accountable. See if you qualify for a free claim review, or call (833) 657-4812 to speak with our team today.

This article is for general information only and is not legal advice. Statutes and deadlines change, and how they apply depends on the specific facts of your case. Consult a licensed Florida attorney about your situation.