Cypress Fairway Condominium v. Bergeron Construction Co.
District Court of Appeal of Florida
1Per curiam
In this construction defect case, we interpret the statute of repose to determine if the statute commences to run when construction is completed or when- the contract is completed, which, in this case, was the date on which payment was made. Relying on the language of the preamble to the statute, the trial court concluded that the former was the correct interpretation. As a result, it dismissed the action as untimely under the statute. We conclude that the correct interpretation of the statute is discerned from its unambiguous text, rather than the preamble. Accordingly, we hold that the…
2Cases cited3 opinions
- Price v. ForrestSupreme Court of the United States · 1899
- Allan and Conrad v. University of Cent. Fl.District Court of Appeal of Florida · 2007
- R.T.G. Furniture Corp. v. CoatesDistrict Court of Appeal of Florida · 2012
3Cited by2 opinions
- Brock v. Garner Window & Door Sales, Inc.District Court of Appeal of Florida · 2016
- Brock v. Garner Window & Door Sales, Inc.District Court of Appeal of Florida · 2016