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M.D. Fla.August 24, 2026Motion to Dismiss Denied⭐ Notable

The Cape FC, LLC v. Baker Barrios Architects, Inc.

Case No. 2:26-cv-01049-SPC-NPM

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.

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