THE LEXI CONDOMINIUM ASSOCIATION, INC.
v.
MOSS & ASSOCIATES, LLC

Fla. 3d DCA | 2023-04-12
No. 22-0006
Florida District Court of Appeal, Third District (2023)

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Holding

The statute of limitations for latent construction defects begins to run from the time the defect is discovered or should have been discovered with the exercise of due diligence.


Headnotes

[1] The statute of limitations for latent construction defects begins to run from the time the defect is discovered or should have been discovered with the exercise of due di…

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Key Quotes

“the limitations period for latent defects begins to run 'from the time the defect is discovered or should have been discovered with the exercise of due diligence'”

Court citing Alexander v. Suncoast Builders, Inc. on when the statute of limitations begins for latent defects

Facts & Procedural History

The Lexi Condominium Association appealed a trial court decision in a construction defect case against Moss & Associates, LLC.…

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Opinion of the Court

PER CURIAM.

Affirmed. Almand Constr. Co. v. Evans, 547 So. 2d 626, 628 (Fla.

1989) (explaining that, as to the statute of limitations, the homeowners’

“knowledge of the settling of the house and resultant structural damage,

which they concede they had as early as 1978, was sufficient to put them on

notice that they had, or might have had, a cause of action”); Alexander v.

Suncoast Builders, Inc., 837 So. 2d 1056, 1058 (Fla. 3d DCA 2002) (holding

that the limitations period for latent defects begins to run “from the time the

defect is discovered or should have been discovered with the exercise of

due diligence” (quoting § 95.11(3)(c), Fla. Stat.)).

2


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