What to Do When Facing Construction Defect Claims in Florida

Construction defect claims can be complex, costly, and stressful for contractors, subcontractors, suppliers, and property owners in Florida. Understanding your rights, obligations, and the legal framework governing these claims is crucial to effectively managing and defending against allegations of defective workmanship or materials.

At the Law Offices of Adam G. Hill, we have extensive court and arbitration experience in Florida construction law and are dedicated to helping clients navigate construction defect claims with confidence. This guide provides a detailed overview of what to do when facing construction defect claims, relevant Florida statutes, procedural requirements, and strategic steps to protect your interests.

Understanding Construction Defect Claims in Florida

A construction defect claim typically arises when a party alleges that a construction project contains flaws or deficiencies that cause damage or reduce the value of the property. Defects can be patent (obvious and visible) or latent (hidden and discovered only after some time).

Common issues include:

  • Structural problems

  • Water intrusion or leaks

  • Electrical or plumbing defects

  • Use of substandard materials

  • Code violations or non-compliance with building standards

Facing such claims often leads to legal disputes, including demands for repairs, damages, or even lawsuits.

Key Florida Laws Impacting Construction Defect Claims

1. Statute of Limitations and Statute of Repose

Florida law places strict time limits on when construction defect claims can be brought, governed by two key concepts:

  • Statute of Limitations: Sets the deadline to file a lawsuit after the defect is discovered or should have been discovered.

  • Statute of Repose: Sets an absolute deadline regardless of discovery, limiting liability after a set period.

Statute of Limitations (4 Years)

According to Florida Statutes § 95.11(3)(c), the claimant has four years to file a suit for construction defects, generally starting from the date the defect is discovered or reasonably should have been discovered. The statute protects defendants from indefinite liability.

Statute of Repose (7 Years)

Per Florida Statutes § 95.11(3)(c) and recent amendments, no claim may be filed more than 7 years after the completion of construction or contract termination, whichever is earlier. Unlike the statute of limitations, the repose period cannot be extended by discovery.

These timelines were affirmed and clarified by Florida courts in cases such as:

  • Kane v. Acme Builders, which emphasized timely discovery and notification obligations.

  • Moransais v. Heathman, addressing latent defects and tolling exceptions.

2. Pre-Litigation Notice and Repair Procedures (Chapter 558)

Under Florida Statutes Chapter 558, claimants must follow specific pre-suit procedures before filing a lawsuit, including:

  • Providing written notice of the alleged defect to the contractor, subcontractor, or design professional.

  • Allowing the recipient to inspect and, if necessary, repair the defect within a specified timeframe.

  • Attempting to resolve the claim through negotiation or alternative dispute resolution before proceeding to court.

Failure to comply with Chapter 558’s requirements can result in dismissal or delays.

Immediate Steps to Take When Facing Construction Defect Claims

Step 1: Carefully Review the Claim and Documentation

  • Examine all documents related to the claim, including contracts, plans, specifications, change orders, inspection reports, and correspondence.

  • Identify the nature of the alleged defect, involved parties, dates, and prior communications.

  • Determine whether the claim falls within statutory deadlines.

Step 2: Preserve Evidence and Document Conditions

  • Secure all physical and digital evidence, photographs, samples, and communications related to the project.

  • Document the current condition of the property to establish a baseline for defense.

  • Maintain detailed records of your inspection, repair efforts, and any correspondence.

Step 3: Consult Experienced Florida Construction Counsel

  • Engage a qualified attorney with expertise in Florida construction defect law.

  • Early legal advice can help interpret applicable statutes, evaluate defenses, and develop a strategic response.

  • Counsel can also assist with compliance to Chapter 558 notice and repair requirements.

Step 4: Evaluate Statutes of Limitations and Repose

  • Confirm if the claim is timely under both statutes.

  • If expired, discuss with your attorney filing a motion to dismiss on statute grounds.

  • Understand exceptions such as tolling for latent defects or contractual provisions.

Step 5: Respond to Pre-Litigation Notices Compliantly

  • If you receive a Chapter 558 notice, promptly respond within the statutory timeframe.

  • Schedule inspections and consider offering repairs if feasible.

  • Maintain communication records to show good faith compliance.

Step 6: Explore Alternative Dispute Resolution (ADR)

  • Mediation or arbitration may resolve disputes faster and more cost-effectively than litigation.

  • Florida courts often encourage ADR for construction disputes.

  • ADR can preserve business relationships while limiting legal costs.

Step 7: Prepare for Litigation if Necessary

  • If ADR fails or is declined, prepare for litigation.

  • Retain expert witnesses to evaluate alleged defects.

  • Engage in discovery, depositions, and motions practice to build a strong defense.

  • Consider counterclaims for breach of contract or negligence if appropriate.

Common Defenses to Construction Defect Claims in Florida

  • Statute of Limitations/Repose Expired: Most common defense when claims are filed late.

  • Failure to Comply with Chapter 558: Pre-suit notice and repair requirements must be met.

  • No Defect or Defect Was Not Caused by You: Disputing the existence or cause of defects.

  • Third-Party Fault: Defects caused by other contractors or owners.

  • Waiver or Release Provisions: Contract clauses limiting liability.

  • Mitigation of Damages: Claimant failed to take reasonable steps to limit damages.

Notable Florida Case Law on Construction Defect Claims

  • Kane v. Acme Builders – Addressed latent defect discovery and statute of limitations tolling.

  • Moransais v. Heathman – Discussed liability for professional negligence and contractual duties.

  • Fla. Stat. § 558 cases – Courts consistently enforce pre-suit procedures and often dismiss claims that do not comply.

Why Choose the Law Offices of Adam G. Hill?

Navigating construction defect claims requires specialized legal expertise and a thorough understanding of Florida’s complex statutes and case law. Our attorneys provide:

  • In-depth knowledge of Florida construction law and litigation

  • Strategic advice tailored to your situation

  • Aggressive defense and risk management

  • Guidance through negotiation, ADR, or courtroom proceedings

Contact Us for a Consultation

If you are facing a construction defect claim in Florida, don’t delay. Contact the Law Offices of Adam G. Hill today at 833-918-1877 for a free comprehensive case evaluation and experienced legal representation.