Florida construction defect time limits: the four-year and seven-year rules
Florida sets a four-year limit, with a seven-year outer cap, for suing over the design, planning or construction of an improvement to real property. This explains how those clocks work for contractors and homeowners.
Florida does not set one all-purpose warranty period for construction work. The time limits that matter most when a building defect surfaces are in section 95.11(3)(b) of the Florida Statutes, which covers actions founded on the design, planning, or construction of an improvement to real property. This guide explains that section in general terms and is not legal advice.
The basic period is four years. The statute starts that clock on the date the authority having jurisdiction issues a temporary certificate of occupancy. Alternatively it can start from a certificate of occupancy, a certificate of completion, or the abandonment of unfinished construction. The statute directs that the earliest of these dates be used.
There is also an outer limit, often called a statute of repose. The statute says that in any event the action must be commenced within seven years after the date the relevant certificate was issued or construction was abandoned. Repose differs from an ordinary deadline because it can end a claim even if the problem was found late.
Latent defects get a different starting point for the four-year period. When the action involves a latent defect, the statute says the time runs from the time the defect is discovered. The statute ties this to a due diligence standard, so the date a defect was found, or should have been found, can be disputed. The seven-year cap still applies to those claims.
The section has been amended several times, and its history list ends with chapter 2025-153, Laws of Florida. Numbering within section 95.11 has also changed over the years, so older articles may cite a different paragraph for the same rule. The current codified text is the controlling source.
This guide does not cover contract warranties written into a particular agreement, manufacturer warranties, or other Florida statutes that may apply to specific claims such as construction lien or payment-bond deadlines. Readers with a specific dispute should check the full statute and consult a Florida attorney.