Archive: May 8, 2008

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Statute of Limitations for Contractor Negligence and Breach of Warranties Does Not Accrue until Turnover of Control of Condo Association to Unit Owners

Statute of Limitations for Contractor Negligence and Breach of Warranties Does Not Accrue until Turnover of Control of Condo Association to Unit Owners

Saltponds Condo. Assoc. v. Walbridge Aldinger Co., 979 So. 2d 1240 (Fla. Dist. Ct. App. 2008)

In this case, a condo association sued a contractor in connection with alleged construction defects discovered after the control of the association passed from the developer to the unit owners.  The contractor argued that the claims were barred by the three-year “statute of limitations” set forth in Florida Statute Section 718.203.  That Section, however, merely sets the warranty period for construction improvements and materials, not the statute of limitations.

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