Florida Construction Defect Claim Process – Step-by-Step Gui

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At Kagan Law PLLC, we know that most people don’t deal with construction defect claims every day — and the legal process can seem overwhelming. That’s why we make the process simple, clear, and strategic from the very first phone call.

Whether you’re a homeowner, condominium association, or HOA, here’s exactly what happens when you reach out to us about a potential construction defect in Florida.

Maybe you’ve spotted:

• Cracks in your walls or stucco.
   
• Water stains on ceilings.
   
• Uneven floors.
   
• Poor drainage around your property.
   
• Drafts or leaks around windows and doors.
   

You may not be sure if it’s just cosmetic or a serious defect. That’s okay — you don’t have to know. Your job is simply to reach out to us as soon as you notice something unusual, because early action is critical to protecting your rights.

Once you contact us, we send a licensed home inspector to your property to evaluate the areas of concern.

The inspector will:

• Examine visible and accessible areas of the property.
   
• Check for signs of code violations, poor workmanship, or structural problems.
   
• Document findings with photos, notes, and measurements.
   

This first inspection helps us determine if there’s likely a legitimate defect — or if the issue is more minor.

If the inspection shows signs of a construction defect, we take the next step:
We send a licensed engineer to the property to perform a thorough technical analysis.

The engineer’s report will:

• Identify the cause of the defect.
   
• Explain how it violates the Florida Building Code or industry standards.
   
• Recommend repair or replacement methods.
   
• Provide professional credibility that strengthens your legal claim.
   

Once we’ve confirmed the defect, we also send out qualified contractors to prepare a repair cost estimate.
This is critical because:

• It tells us exactly how much it will take to fix the problem.
   
• It prevents the builder or their insurer from undervaluing the cost.
   
• It allows us to fight for full compensation — not just a quick patch job.
   

Florida law requires us to follow the Chapter 558 Pre-Suit Process before filing a lawsuit. This step gives the builder or responsible party an opportunity to address the defect without going straight to court.

Here’s how it works:

1. Formal Notice – We send a written notice to the builder, developer, or their insurance company, detailing each defect and including inspection/engineering documentation.
    
2. Response Time – Under Florida Statute, they have a set number of days (generally 45 days for most cases) to:
    
   • Offer to make repairs,
      
   • Offer a cash settlement,
      
   • Dispute the claim, or
      
   • Do nothing.
      

1. Inspection by the Builder – They may request access to the property to inspect the defects themselves.
    

• If They Respond Reasonably: We negotiate to ensure repairs are done correctly or a fair settlement is reached to cover full repair costs.
   
• If They Refuse or Miss the Deadline: We file a lawsuit to enforce your rights under Florida construction defect law.
   

Our goal is always to resolve the matter quickly and effectively so you can get your home or community restored without unnecessary delays.

Throughout the process, we focus on documentation — because in construction defect claims, the stronger the file, the easier it is to win.

We make sure your case file includes:

• Home inspection reports.
   
• Engineering reports.
   
• Contractor estimates.
   
• Photos, videos, and maintenance records.
   
• Code violation evidence.
   

This thorough approach often leads to faster settlements and stronger leverage in court if needed.

• Full-Service Process – From the first inspection to final resolution, we handle everything.
   
• Expert Team – Licensed inspectors, engineers, and experienced contractors on call.
   
• Proven Strategy – Decades of combined experience in Florida construction defect law.
   
• Focused on Results – We aim to get your case resolved quickly so you can move forward.
   

If you’ve noticed signs of a construction defect — even if you’re not sure how serious it is — don’t wait. Florida’s statute of limitations and statute of repose mean you only have a limited time to act.

📞 Call Kagan Law PLLC At (954) 300-1068 or fill out our online contact form today. We’ll walk you through the process, send an inspector to your property, and start building the strongest case possible to hold the builder accountable.