The Cape FC, LLC v. Baker Barrios Architects, Inc.
A developer sued its architect-of-record for breach of contract and professional negligence; the architect moved to dismiss on limitations grounds, relying on a contractual accrual clause providing that claims accrue when the owner discovers the basis for the claim. The court held the accrual clause void under Fla. Stat. § 95.03 because it effectively shortened the four-year period in § 95.11(b), which runs from the earliest of a temporary CO, CO, or certificate of completion, and denied the motion.
Key facts
- Developer Cape FC, LLC sued its architect-of-record Baker Barrios Architects, Inc. for breach of contract and professional negligence arising from the architect's work on a construction project.
- The architect moved to dismiss the complaint based on the statute of limitations, relying on a contractual clause providing that claims accrue when the owner discovers the basis for the claim.
- +2 more key facts with a free trial
Why it matters
Useful authority for owners and developers resisting architect/engineer limitations defenses premised on AIA-style accrual provisions: § 95.03 voids contract terms that move the accrual date earlier than the statutory… — full analysis with a trial
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