[CLC-Discussion] s 337.19, Fla. Stat.

[Mark Snelson]

This statute says that suits by and against FDOT for breach of contract must be commenced within 820 days of FDOT's final acceptance of the project.  Case law clearly says that this is a statute of limitations.  Has anyone litigated this statute, especially as a defense to a claim by FDOT against a contractor?  I'm particularly interested in: (1) the interplay (if any) between this statute and s. 95.11(3)(c); and, (2) how a warranty period extending beyond 820 days would impact the limitations analysis.  There is no case law on either topic.

Please reply directly to me if you have experience with this statute so that we can avoid filling up everyone else's inbox.

Thanks in advance.

Mark T. Snelson, Esq.
Board Certified in Construction Law by The Florida Bar
Wright, Fulford, Moorhead & Brown, P.A.
505 Maitland Ave., Suite 1000
Altamonte Springs, FL 32701
(407) 425-0234
(407) 425-0260 (fax)
msnelson at wfmblaw.com<mailto:msnelson at wfmblaw.com>
www.wfmblaw.com<http://www.wfmblaw.com/>

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