Lindsay McCormick | Marshall Dennehey
Florida Statute § 95.11 sets the statutes of limitations for numerous claims, but as it relates to construction-related professional negligence claims, there has been a dispute and uncertainty as to whether the two-year or four-year limitation provisions apply. Under Fla. Stat. § 95.11(4)(a), “an action for professional malpractice, other than medical malpractice, whether founded on contract or tort” must be filed within two years. However, Fla. Stat. § 95.11(3)(c) provides a four -year statute of limitations for actions “founded on the design, planning or construction of an improvement to real property.”
In American Auto, the Third District Court of Appeal has clarified that a specific statute preempts a more general statute, and despite prior conflicting case law, Fla. Stat. § 95.11(3)(c)—tailored to construction clams—is the specific statute. Therefore, it has been ruled that the four-year statute of limitations applies to all claims founded in construction, even for professional malpractice or professional negligence.
When one of your cases is in need of a construction expert, estimates, insurance appraisal or umpire services in defect or insurance disputes – please call Advise & Consult, Inc. at 888.684.8305, or email experts@adviseandconsult.net.