New Case: Cypress Fairway v. Bergeron Construction (Statute of Repose)
Interesting opinion issued last week by the Florida's Fifth District Court of Appeal on the statute of repose. The opinion can be found here. It is not yet final. The Cypress Fairway Condominium was a conversion condominium. The suit was brought by the Association "individually" and also as assignee of claims by the general contractor. Suit was filed against parties involved in the original construction and also the conversion. Suit was filed on February 2, 2011. There is no reference to when the certificate of occupancy was issued. Rather, the last non-settling defendant argued that the statute of repose period began when application for final payment was made on January 31, 2001, which was they argued was the completion date of construction. The Association argued that the repose period did not begin until February 2, 2001, when final payment was actually made. The trial court granted summary judgment to the defendant on...