Summary Judgment: Hillsborough County, Florida (Construction Defect)

Tampa Partners, Jim Brown and Andrew Willers, obtained final summary judgment in a construction defect case in Hillsborough County, Florida, last week.

They defended a window manufacturer, which was sued by a Homeowner’s Association for alleged construction defects. It was alleged that the installation instructions were improper and that this lead to numerous defects and damages with the conventional wood framed walls covered with stucco.

The summary judgment argument was made in two parts: the first, that the case was barred by the four year statute of limitations; and the second, that the case was barred by the doctrine of laches.

As to the statute of limitations defense, there were no documents produced that showed the exact date when the defects were discovered, which would have triggered the running of the statute of limitations. However, an expert report suggested the defects had been discovered more than four years before suit was filed. Also, the HOA’s banking records pertaining to a loan to pay for the exterior wall repairs suggested that the defects were discovered more than four years before the suit was filed. Plaintiff filed an expert affidavit and argued that the Association could not have possibly discovered the defects until much later. This argument was rejected and summary judgment was granted.

As to Laches, it was argued that even if the statute of limitations did not bar the case, the doctrine of laches did. The Association delayed bringing suit, and they failed to issue a 558 Notice of Intent. Also, once in suit, the Association changed the specific allegations against the window manufacturer close to trial, and the Association lost or destroyed relevant evidence; thus, prejudicing the window manufacturer’s defenses. Summary judgment was also granted as to Laches.

Congratulations to Jim and Drew on this excellent work on behalf of our client.