Legal Question in Construction Law in Florida

Small claims court

What is the statue of limitations for filing a suit in Florida small claims court? My garage door was installed improperly 6 years ago but I just found out about it when the door would not open or close due to the bad installation. So, is it when it was installed or when I found out about the poor installation?


Asked on 6/02/07, 8:39 pm

1 Answer from Attorneys

Randall Gilbert Gilbert & Caddy P.A.

Re: Small claims court

If you just found out about the bad installation 6 years later then there is probably nothing wrong with the installation. The garage worked fine according to you for 6 straight years. Notwithstanding, to answer your question, Florida Statute section 95.11 provides a 5 year statute of limitations to sue on a written contract and 4 year statute of limitations to sue on oral contracts. If your garage door is still under warranty then you can still bring a claim if the contractor is refusing to repair. However, you will have to read your contract to determine whether it is still under warranty.

Good luck,

Randall Gilbert

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Answered on 6/03/07, 11:45 am


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