CLC -- New Statute of Repose Decision

RH
Roberts, Hardy L.
Fri, May 8, 2015 6:13 PM

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

4221 W. Boy Scout Blvd., Ste. 1000
Tampa, Florida  33607-5780
Direct:  813.229.4105 | Fax:  813.229.4133

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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 4221 W. Boy Scout Blvd., Ste. 1000 Tampa, Florida 33607-5780 Direct: 813.229.4105 | Fax: 813.229.4133 HRoberts@cfjblaw.com<mailto:HRoberts@cfjblaw.com> | www.CFJBLaw.com<http://www.cfjblaw.com/> bio<http://www.cfjblaw.com/hroberts/> | vcard<http://www.cfjblaw.com/FCWSite/Features/_Attorneys/vCard.aspx?attorney=176> | LinkedIn<http://www.linkedin.com/profile/view?id=249761797&trk=nav_responsive_tab_profile> Confidential: This e-mail contains a communication protected by the attorney-client privilege or constitutes work product. If you do not expect such a communication please delete this message without reading it or any attachment and then notify the sender of this inadvertent delivery.