MyFloridaCode.com

Sorry Mickey for the tardy response, I've been out of the office for a
few days. If you already have an answer, then disregard this reply.

In my opinion, (and I am not a lawyer) the question cannot be answered
precisely because of legal variables. First, the state (other than for a
condo) does not require any express (written or oral) contract warranty
for a construction project. It is common to give a "1 year" warranty,
but it is NOT required by statute.

The statute of frauds does however require actions on contracts to be
initiated within certain time limitations; I believe it is 3 years on an
oral contract and 5 years on a written (verify with an attorney or check
Florida Statutes)

The statutes do however require "implied warranties" such as; free from
claims of lien, fitness of merchantability, and built according to
applicable code. It is the later that creates the basis for many
lawsuits.

Florida Statute 553 states essentially that anyone harmed by a violation
of the applicable building code has a cause of action against the
creator of the violation; and this violation will usually trigger the
violation of the implied warranty also. As for a time frame; if it is a
violation of the code (rather than contract or specification) then the
statute of repose for latent defects may be triggered; which is
currently 10 years (used to be 15 years).

Now, when that 10 year (or 15 year depending on when the construction
was performed) time clock starts ticking is another major discussion;
and case law is always evolving. You must check with a construction
lawyer to evaluate the specifics of each case, but the minimum would be
the 10 year limit (it could be longer)

So, is it the warranty claim by way of a contract violation or a code
violation? And to whom are asking the liability extend to, liability to
the licensing board or liability to the court in a contract or tort
action? Is there a defect? Is lack of maintenance an affirmative
defense? Was the defect known or could it have been reasonably
discovered with proper care and maintenance? Is it subject to F.S. 558
Notice and was that notice given?

That's why the lawyers make the big bucks and we are typing away trying
to understand the arena.

LOL

R.J.Koning - Director
Contractors Institute
rjkoning at contractorsinstitute.com
8301 Joliet Street
Hudson, Fl 34667
727-863-5147




-----Original Message-----
From: codetalk-bounces at myfloridacode.com
[mailto:codetalk-bounces at myfloridacode.com] On Behalf Of Mickey Matison
(City of Auburndale)
Sent: Tuesday, December 09, 2008 3:04 PM
To: codetalk at myfloridacode.com
Subject: [Florida Code Talk] warranty

Unless I missed it, no one has answered the original question as is
often the case. I believe the original question had to do with the
length of time the builder must warranty a home. One respondent came
close with the answer for condos but I don't think anyone has provided
the answer for a SFR. Of course for years we have all heard it was one
year. I don't think the issue is whether the builder WOULD honor the
warranty but rather for what period of time is he obligated to honor the
warranty. Is it written anywhere? Maybe in statute, code, rule. 

 

Mickey Matison - CBO

Building Official

863-965-5530 Phone

863-965-5598 Fax

mmatison at auburndalefl.com

 

 

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