Florida now requires builders to provide a one-year warranty for certain defects in qualifying newly constructed homes. The Florida new home builder warranty law gives purchasers an additional statutory basis for holding a builder responsible when covered equipment, materials, or workmanship result in a material violation of the Florida Building Code.

However, the warranty does not cover every complaint about a new home. It contains specific definitions, exclusions, timing requirements, and enforcement limitations. A builder may also have its own written warranty, and the homeowner may still need to comply with contractual notice provisions, Chapter 558, mediation, or arbitration requirements.

The Law Offices of Adam G. Hill represents Florida homeowners and property owners in home-builder disputes, construction-defect claims, warranty disputes, Chapter 558 matters, demand letters, mediation, arbitration, and litigation.

If your newly constructed home has serious defects and the builder is refusing to provide an adequate remedy, call 833-918-1877 or complete our online case evaluation form.

What Is Florida’s One-Year New Home Builder Warranty?

Section 553.837, Florida Statutes, establishes a mandatory builder warranty for qualifying newly constructed homes.

The statute became effective July 1, 2025.

Under the law, a builder must provide a one-year warranty covering certain construction defects involving equipment, materials, or workmanship furnished by:

The builder
The builder’s subcontractors
The builder’s suppliers

To fall within the statutory warranty, the defect must result in a material violation of the Florida Building Code.

The statute does not make the builder responsible for every scratch, cosmetic disagreement, maintenance issue, appliance problem, or condition caused by someone outside the builder’s control.

What Homes Are Covered?

The statute applies to qualifying “newly constructed homes.”

The statutory definition generally includes certain residential properties that have not previously been occupied, including:

Single-family homes
Duplexes
Triplexes
Quadruplexes
Certain qualifying modular, manufactured, or factory-built residential structures

The law does not necessarily apply to every residence, condominium unit, renovation, addition, resale home, commercial property, or previously occupied property.

Whether a home falls within the statutory definition should be evaluated based on:

The type of property
Whether it had previously been occupied
The date of title conveyance
The date of initial occupancy
The identity of the builder
The construction agreement
The warranty documents
The nature of the claimed defect
When the relevant events occurred

Do not assume that a home is covered merely because it appears new.

When Does the One-Year Warranty Period Begin?

The one-year statutory period begins after the earlier of:

The original conveyance of title to the initial owner; or
Initial occupancy of the home

This means the warranty period may begin before the date a homeowner assumes it started.

For example, the relevant date may not be:

The day the defect was discovered
The day the builder first inspected it
The day the homeowner submitted a warranty request
The day the builder attempted a repair
The date of the last repair attempt

Homeowners should preserve documents showing:

The date title was conveyed
The closing date
The date of occupancy
The certificate of occupancy
The date possession was delivered
The date the defect was first observed
The date the builder was notified
The date of each inspection or repair attempt

Do not assume that ongoing discussions or repeated repairs automatically extend the statutory warranty period or other legal deadlines.

What Defects Does the Warranty Cover?

The statutory warranty covers qualifying defects involving equipment, materials, or workmanship furnished by the builder or its subcontractors or suppliers when the defect results in a material violation of the Florida Building Code.

Depending on the facts, potentially relevant defects may involve:

Roof installation
Flashing
Water intrusion
Windows and doors
Exterior waterproofing
Stucco
Structural framing
Foundations
Drainage and grading
Plumbing
Electrical systems
HVAC systems
Insulation
Exterior cladding
Load-bearing components
Other building systems

This does not mean every problem in those categories is automatically covered.

The homeowner still may need to establish:

A defect exists
The builder, subcontractor, or supplier furnished the defective work or material
The condition constitutes a material Florida Building Code violation
The condition arose during the applicable warranty period
The condition is not excluded
Proper notice was provided
The claimed damages were caused by the defect

A permit, inspection, or certificate of occupancy does not necessarily resolve whether the builder complied with the contract, warranty, plans, or applicable legal duties.

For broader assistance with new-home defects, see our Florida Home Builder Dispute Attorney page.

What Is a Material Violation of the Florida Building Code?

Not every technical disagreement or code issue is necessarily a material violation.

Florida law generally defines a material violation as a Florida Building Code violation that exists within a completed building and may reasonably result, or has resulted, in physical harm to a person or significant damage to the performance of the building or its systems.

The materiality analysis may require:

Inspection
Engineering analysis
Building-code review
Photographs
Testing
Repair history
Evidence of water or structural damage
Evidence concerning the building system’s performance
Expert opinion

A homeowner should not assume that a cosmetic imperfection automatically establishes a material violation.

A builder should also not assume that a condition is harmless merely because it passed an earlier inspection.

What Is Not Covered by the Statutory Warranty?

Section 553.837 contains important exclusions.

The statutory warranty generally does not require the builder to cover:

Normal wear and tear
Normal house settling within generally accepted trade practices
Defects caused by construction, modification, or repairs performed by a purchaser, later purchaser, or someone acting for that purchaser rather than the builder
Loss or damage caused by the purchaser
Loss or damage caused by a later owner
Loss or damage caused by a third party
Loss or damage caused by an act of God outside the builder’s control
Appliances or equipment covered by a manufacturer’s warranty

Disputes may arise over whether an exclusion actually applies.

For example, a builder may argue that:

Cracking is normal settlement
Water damage resulted from homeowner maintenance
A later contractor caused the problem
Landscaping or drainage changes caused the condition
An appliance is covered only by the manufacturer
Storm damage caused the problem
The defect is cosmetic rather than material

The homeowner may need evidence separating the original construction defect from later damage, maintenance issues, repairs, weather events, or third-party work.

What Must the Builder Do for a Covered Defect?

For a defect covered by the statutory warranty, the builder must remedy the defect at the builder’s expense.

The builder must also restore work damaged while fulfilling the warranty obligation.

That does not necessarily mean the homeowner controls every detail of the repair.

Disputes may arise over:

Whether the condition is covered
What caused the condition
Whether repair or replacement is appropriate
The proposed repair method
Who will perform the work
Whether permits are required
Whether destructive testing is necessary
Whether the builder must restore finishes
Whether the proposed repair addresses the cause
Whether prior repairs failed
Whether the homeowner must temporarily vacate
What warranty applies to the repair
How quickly the work must be completed

Before allowing substantial repair work, the homeowner should obtain the proposed scope in writing and document the existing condition.

Does the Warranty Transfer to a New Owner?

Yes, the required statutory warranty continues during the full one-year period even if the home is sold or transferred.

A later purchaser within that initial statutory period may therefore have rights under the warranty, depending on the facts and timing.

The transfer does not restart the one-year period.

A later owner should determine:

When title was originally conveyed
When the home was first occupied
How much of the original period remains
Whether the defect was previously reported
Whether repairs were attempted
Whether the builder has an express written warranty
Whether any claim procedures apply

The statute’s transfer requirement can be important when a newly constructed home is resold soon after completion.

What If the Builder Provided Its Own Written Warranty?

Many builders provide an express written warranty containing their own:

Coverage provisions
Exclusions
Claim procedures
Inspection rights
Repair standards
Deadlines
Mediation requirements
Arbitration provisions
Limitations
Transfer provisions

An express written warranty may supersede the statutory warranty provisions if it satisfies the statutory requirements, including equivalent or greater scope, coverage, duration, and transferability during the required period.

Do not assume that every builder warranty automatically overrides the statute.

The written warranty should be reviewed to determine:

Whether coverage is equal to or greater than the statutory warranty
Whether it lasts for the full required period
Whether it transfers properly
Whether it contains additional coverage
Whether its procedures were followed
Whether exclusions are being applied correctly
Whether it requires mediation or arbitration
Whether it attempts to limit damages or remedies

The builder’s denial letter or warranty-portal response is not necessarily the final legal determination.

What If the Builder Refuses to Fix the Defect?

If the builder refuses coverage, denies responsibility, ignores the warranty claim, or offers an inadequate repair, preserve the entire record.

Gather:

Purchase or construction agreement
Builder warranty
Addenda
Plans and specifications
Closing documents
Certificate of occupancy
Warranty submissions
Builder portal messages
Emails
Text messages
Photographs
Videos
Inspection reports
Engineering reports
Repair estimates
Work orders
Prior repair records
Evidence of consequential damage
Timeline of complaints and responses

Ask the builder to state its position in writing.

The builder’s written response may identify whether it is claiming:

The defect is excluded
The problem is cosmetic
The problem is normal settlement
The homeowner caused the condition
A third party caused the damage
The claim was untimely
The builder already completed an adequate repair
The issue falls under a manufacturer’s warranty
The condition is not a material code violation

Do not make accusations or admissions in emotional emails. The objective is to create a clear factual record.

For representation in these matters, see our Florida Home Builder Dispute Attorney page.

Should You Get an Independent Inspection?

An independent inspection may be valuable when:

The builder denies that a defect exists
Multiple repair attempts failed
Water intrusion continues
Cracking or movement appears significant
The builder proposes a limited cosmetic repair
The cause of the damage is disputed
The repair scope is disputed
The homeowner is considering litigation
Important evidence may be destroyed during repairs

Depending on the issue, the appropriate professional may include:

Licensed home inspector
Engineer
Architect
Roofing consultant
Building-envelope professional
Licensed contractor
Plumber
Electrician
HVAC professional
Other qualified expert

An inspection should identify more than the visible symptom when possible.

The report may need to address:

The condition
Probable cause
Relevant plans or code provisions
Necessary testing
Recommended repair
Resulting damage
Estimated repair scope

The homeowner should preserve original photographs, videos, reports, invoices, and electronic files.

Should You Let the Builder Inspect or Attempt Repairs?

A homeowner should not automatically deny the builder access.

Inspection or repair rights may arise under:

Section 553.837
Chapter 558
The purchase agreement
The construction agreement
The builder’s written warranty
Another applicable legal requirement

Before the inspection or repair:

Photograph and video the condition
Preserve prior reports
Request the proposed scope in writing
Identify who will enter the home
Determine whether destructive testing is proposed
Determine who will restore opened areas
Determine whether permits are required
Consider whether an independent expert should attend
Avoid signing an unnecessary release
Document the inspection
Document the repair work
Preserve removed materials when reasonably practical

Allowing access does not necessarily mean accepting the builder’s position or waiving a claim.

However, unreasonably denying an inspection or repair opportunity may affect the dispute, depending on the contract, warranty, Chapter 558, and facts.

How Does Chapter 558 Affect the Warranty Claim?

Florida Chapter 558 may impose a separate presuit process for qualifying construction-defect claims.

The process may involve:

Written notice describing the defects
Supporting photographs or reports
An opportunity to inspect
Requests for project documents
Testing
A builder response
An offer to repair
An offer to pay
A combined repair and payment offer
A denial
Later mediation, arbitration, or litigation

The one-year statutory warranty does not automatically replace Chapter 558.

A homeowner may need to address:

The statutory builder-warranty claim
The builder’s written warranty procedures
Chapter 558
Contractual mediation or arbitration
Other applicable construction or contract claims

The correct sequence matters.

Do not file a lawsuit solely because the builder denied a warranty request without first reviewing whether Chapter 558 or another presuit requirement applies.

Does the Warranty Give You the Right to Sue?

Section 553.837 provides that enforcement is limited to a private civil cause of action by a purchaser against a builder that fails to comply with the statute.

That does not mean every warranty disagreement should immediately become a lawsuit.

Before litigation, evaluate:

Whether the home qualifies
Whether the defect is covered
Whether the condition is material
Whether the builder furnished the defective work or material
Whether an exclusion applies
Whether the claim was submitted within the warranty period
Whether Chapter 558 applies
Whether the contract requires mediation or arbitration
Whether damages can be proven
Whether attorney’s fees may be recoverable
Whether the builder offered a reasonable repair
Whether litigation is financially justified

The construction contract may require arbitration rather than an ordinary court lawsuit.

The homeowner may also have related contractual or construction claims, depending on the facts.

What Evidence Will You Need?

A builder-warranty dispute is evidence-driven.

Important evidence may include:

Purchase agreement
Construction contract
Written builder warranty
Plans
Specifications
Addenda
Selection sheets
Upgrade documents
Change orders
Certificate of occupancy
Closing documents
Title records
Evidence of initial occupancy
Warranty claims
Builder responses
Inspection reports
Engineering reports
Photographs
Videos
Emails
Text messages
Builder portal communications
Work orders
Repair records
Repair estimates
Invoices
Evidence of resulting damage
Evidence of temporary mitigation
A detailed timeline

Do not:

Delete messages
Alter photographs
Crop out important context
Recreate records
Backdate warranty submissions
Throw away damaged materials without documentation
Allow permanent repairs to destroy important evidence without first documenting the condition

For additional guidance, see our article: What Evidence Do You Need for a Florida Contract Dispute?

What Damages May Be Involved?

The proper remedy depends on the claim, defect, contract, warranty, evidence, and applicable law.

Potential issues may include:

Reasonable repair cost
Cost to complete unfinished work
Damage caused by the covered defect
Cost of necessary inspections
Engineering expenses
Emergency mitigation
Temporary housing
Loss of use
Diminution in value
Interest
Attorney’s fees when legally authorized
Other documented damages

The existence of a defect does not automatically establish every amount demanded.

Damage disputes often involve whether:

The proposed repair is necessary
The repair addresses the actual cause
The estimate includes upgrades
The estimate includes betterment
Multiple estimates contain duplicate work
Another party caused part of the damage
The homeowner reasonably mitigated additional loss
The claimed expenses are documented

Detailed repair scopes and expert opinions are generally more useful than an unsupported lump-sum demand.

Are Attorney’s Fees Recoverable?

Attorney’s fees are not automatically recoverable in every builder-warranty dispute.

Fee recovery may depend on:

The purchase agreement
The construction agreement
The written warranty
An applicable statute
A settlement agreement
Arbitration rules
A qualifying proposal for settlement
Another recognized legal basis

Builder contracts frequently contain prevailing-party attorney’s fee provisions.

Those provisions may create substantial financial risk for both sides.

For more information, see our article: Can You Recover Attorney’s Fees in a Florida Breach of Contract Case?

Do Repair Attempts Extend the Deadline?

Do not assume so.

A builder may inspect or attempt repairs for months while the homeowner assumes all legal deadlines have stopped.

The statutory warranty expressly does not extend the applicable statute of repose.

Other legal, contractual, warranty, arbitration, and Chapter 558 deadlines may continue to apply.

Preserve:

The date the defect was discovered
The date it was reported
Every repair date
Every inspection date
The builder’s written responses
Any promises concerning future repairs
Any written extensions or tolling agreements

Repeated repair attempts may be relevant evidence, but they do not necessarily extend every deadline.

Prompt legal review is particularly important when the builder continues attempting repairs as the one-year warranty period approaches expiration.

Can a Demand Letter Help?

A targeted attorney demand letter may help when the builder:

Ignores the warranty claim
Denies coverage without adequate explanation
Refuses to inspect
Performs repeated unsuccessful repairs
Offers only a cosmetic repair
Refuses to provide a written repair plan
Stops communicating
Rejects responsibility for resulting damage

A builder-warranty demand letter may:

Identify the contract and warranty
Cite the statutory warranty
Describe the defects
Summarize notice and repair history
Request an inspection
Demand a written repair protocol
Request reimbursement
Request project or warranty records
Establish a response deadline
Preserve legal rights
Propose mediation or settlement
Prepare the matter for Chapter 558, arbitration, or litigation

For eligible and reasonably defined presuit matters, the Law Offices of Adam G. Hill offers a $1,500 flat-fee attorney demand-letter service.

The eligible service generally includes:

Review of the core documents reasonably necessary to prepare the letter
Preparation of the attorney demand letter
Sending the letter by certified mail with return receipt requested
Up to one hour of follow-up communication or negotiation after sending

The $1,500 service is not full litigation representation.

A formal Chapter 558 notice, expert-intensive defect claim, emergency issue, extensive project record, arbitration, or lawsuit may require a different scope and written fee agreement.

For more information, see our Florida Demand Letter Attorney page.

What Should You Do If Your Builder Refuses Coverage?

Take these steps:

Save the written warranty and construction agreement.
Identify the date of title conveyance and initial occupancy.
Submit the defect in writing through the builder’s required process.
Preserve screenshots or confirmation of the submission.
Photograph and video the condition.
Preserve builder communications and work orders.
Obtain an independent inspection when appropriate.
Request the builder’s denial or repair position in writing.
Do not permanently repair the disputed condition without documenting it.
Take reasonable emergency steps to prevent additional damage.
Determine whether Chapter 558 applies.
Review mediation or arbitration requirements.
Do not assume repair discussions extend legal deadlines.
Consult a Florida home builder dispute attorney promptly.

If the dispute is serious, repeated informal requests are usually not enough. The homeowner needs a documented strategy based on the warranty, statute, contract, evidence, repair scope, and deadlines.

If your builder has denied a serious new-home defect claim, call 833-918-1877 or complete our online case evaluation form.

Frequently Asked Questions About Florida’s New Home Builder Warranty

Does Florida require builders to provide a new-home warranty?

Florida section 553.837 requires a one-year warranty for qualifying newly constructed homes and covered defects. Whether the statute applies to a particular property or transaction should be evaluated individually.

When did Florida’s mandatory builder warranty take effect?

The law became effective July 1, 2025.

How long does the warranty last?

The statutory warranty lasts one year after the original conveyance of title to the initial owner or initial occupancy, whichever occurs first.

Does the warranty begin when I discover the defect?

Not necessarily. The statutory period is tied to title conveyance or initial occupancy, not the date the homeowner discovers the problem.

What homes qualify?

The statute generally covers certain newly constructed, previously unoccupied single-family homes, duplexes, triplexes, quadruplexes, and qualifying residential structures identified in the statute.

Does the warranty cover every defect?

No. The defect must fall within the statute, involve qualifying equipment, material, or workmanship, and result in a material Florida Building Code violation. Exclusions also apply.

Does it cover cosmetic defects?

Not automatically. A cosmetic issue may not constitute a material Florida Building Code violation.

Does it cover normal settlement?

Normal house settling within generally accepted trade practices is excluded.

Does it cover appliances?

Appliances or equipment covered under a manufacturer’s warranty generally fall outside this statutory builder-warranty provision.

Does the warranty transfer if I sell the home?

The required warranty continues during the full initial one-year period even if the home is sold or transferred. The transfer does not restart the one-year period.

Can the builder use its own written warranty?

Yes, but an express written warranty supersedes the statutory provisions only if it satisfies the statutory requirements concerning scope, coverage, duration, and transferability.

Must the builder pay for covered repairs?

The statute requires the builder to remedy covered defects at the builder’s expense and restore work damaged while completing the remedy.

Do I have to let the builder inspect?

The builder may have inspection rights under the statute, Chapter 558, the contract, or the written warranty. Access should be documented and handled carefully.

Do I have to accept the builder’s proposed repair?

Not automatically in every case. The proposed scope, cause, prior repairs, contract, warranty, Chapter 558, and facts should be evaluated before accepting or rejecting a repair.

Does Chapter 558 still apply?

It may. The statutory builder warranty does not automatically eliminate Chapter 558 or contractual presuit procedures.

Can I sue the builder?

The statute provides a private civil cause of action by a purchaser against a builder that fails to comply. Contractual arbitration, Chapter 558, notice, evidence, and other requirements may affect how the claim proceeds.

Can I recover attorney’s fees?

Possibly, but attorney’s fees are not automatic. Recovery may depend on the contract, warranty, statute, arbitration agreement, settlement terms, or another legal basis.

Do repair attempts extend the one-year period?

Do not assume they do. Repair efforts may be relevant evidence, but they do not necessarily extend the statutory period or other legal deadlines.

What should I do if the builder denies my claim?

Preserve the denial, contract, warranty, photographs, reports, communications, and repair records. Determine whether Chapter 558 or arbitration applies and obtain legal advice promptly.

Contact a Florida Home Builder Dispute Attorney

Florida’s one-year statutory warranty may provide important rights when a qualifying newly constructed home contains covered defects. But the warranty is only one part of the analysis.

The contract, written warranty, Chapter 558, arbitration provisions, evidence, repair history, damages, and legal deadlines must all be evaluated together.

If your builder denied your warranty claim, failed to correct serious defects, performed repeated unsuccessful repairs, or refuses to provide an adequate solution, the Law Offices of Adam G. Hill may be able to help.

Call 833-918-1877 or complete our online case evaluation form to request a free case evaluation.

The firm represents appropriate clients throughout Florida, with offices serving Tampa, Orlando, and Fort Myers.

This article is for general informational purposes only and does not create an attorney-client relationship. Every builder-warranty and construction-defect matter depends on the property, builder, contract, warranty, dates, defect, evidence, notices, exclusions, dispute-resolution requirements, damages, and applicable law.