Cypress Fairway Condominium, etc, et al v. Bergeron Construction Co, Inc., etc, et al, 2015 WL 2129473 (Case No. 5D13-4102, April 7, 2015)

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This case interprets the statute of limitation/repose for construction cases which defines the commencement date, in part, as the date of “completion . . . of the contract.”  See §95.11(3)(c), Florida Statutes.  The issue is whether the contract is completed when one party to the contract is complete (and makes a final application for payment) or when both parties to the contract are complete (and final payment is made).  The trial court erroneously held that the limitations period commences when the contract is completed by one party; but the Fifth District Court of Appeal reversed and held that “completion of the contract means completion of performance by both sides of the contract, not merely performance by the contractor.” 


From The Construction Regulation Subcomittee Monthly Report

Trenton H. Cotney
Florida Bar Certified Construction Lawyer
Trent Cotney, P.A.
407 N. Howard Avenue
Suite 100
Tampa, FL 33606
www.trentcotney.com

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