What We Know

Florida’s Fourth District Court of Appeal Rules Pre-Suit Notice under Chapter 558, Florida Statutes, is an “Action” for Purposes of the Statute of Repose

Fri Sep 14, 2018 Legal Alerts

On September 12, 2018, Florida’s Fourth District Court of Appeal rendered its opinion in Gindel v. Centex Homes, et al., which will impact construction defect litigation, and particularly the application of the ten-year statute of repose to construction defect cases.  In Gindel, homeowners sought to recover damages from their homebuilder for alleged construction defects in their homes.  The homeowners closed on and took possession of their homes in March 2004.  In February 2014, they served on the builder pre-suit notices of defects pursuant to Chapter 558, Florida Statutes.  Several months later, in May 2014, the homeowners filed suit against the builder.