The Fifth District held today (in the attached opinion that is not yet final) that the statute of repose commenced to run when a construction contract was completed rather than when construction was completed. The parties argued over whether the statute of repose began to run from the date the contractor made its final application for payment or whether the period ran from the date the final payment was made. The Fifth DCA held that the contract at issue was complete when the final payment was made and that the statute began to run on that later date.
[Carlton Fields Jorden Burt, P.A.]
Hardy L. Roberts
Attorney at Law
Board Certified in Construction Law by the Florida Bar
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