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Monthly Archives: July 2015

27JUL 2015

The Fifth District Court of Appeal of the State of Florida recently issued an opinion in Cypress Fairway Condominium Association, Inc. v. Bergeron Construction Co., Inc., No. 5D13-4102, 2015 WL 2129473 (Fla. 5th DCA May 8, 2015), directly addressing the issue of when a construction contract is complete for purposes of determining if a lawsuit was barred by the Statute of Repose.  In Cypress Fairway, the Court evaluated whether the contract was completed on the date the final application for payment was submitted or the date the final payment was actually made.  Although the contested period in Cypress Fairway was only three days, this decision is important in clarifying when the contract between the owner and an engineer, registered architect or a licensed contractor is complete.    In Cypress Fairway, the Court determined a contract is complete when final payment is made.

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