CONSTRUCTION DEFECT JOURNAL

"News and Information for Construction Defect and Claims Professionals"

CONSTRUCTION DEFECT JOURNAL - ISSUE 242749 - SATURDAY, JANUARY 24, 2026

Florida’s Proposed HB 255: A Quiet Shift That Could Reshape Condo Defect Liability

Florida condo balcony view of other condos

HB 255's filing underscores the growing recognition that Florida’s construction and condominium sectors need a more predictable timeline.

January 21, 2026
Matt Maranges - ConsensusDocs

In Florida, developers and contractors work under strict clocks. Section 95.11(3)(b), Florida Statutes, sets two firm deadlines for construction claims: a four-year statute of limitations and a seven-year statute of repose. Those timelines govern when an owner or condominium association may pursue claims for alleged defects. Once the repose period ends, the claim is barred regardless of when the problem surfaced.

Condominium law complicates that scheme. Section 718.124 delays the start of the limitation and repose periods on association claims until control of the board shifts from the developer to the unit owners. The logic is simple: a developer-controlled board cannot be expected to sue the developer. The practical effect is more sweeping. If turnover occurs late in the life of a project, the repose period may remain tolled for years, extending exposure far beyond the seven years that apply everywhere else.

Mr. Maranges may be contacted at mmaranges@joneswalker.com


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