Frequently Asked Questions

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Answer: A construction defect in Florida is any flaw in the design, materials, or workmanship of a home that violates building codes or accepted standards, often leading to structural damage, water intrusion, or safety hazards.

Detailed:
Under Florida Statute Chapter 558, construction defects include problems caused by poor workmanship, defective building materials, or code violations. Examples include:

• Cracked stucco and water intrusion
   
• Foundation cracks or sinking slabs
   
• Leaking roofs and windows
   
• Faulty plumbing or electrical wiring
   
• HVAC and insulation failures

 Answer: Yes, Florida homeowners can sue builders, contractors, or developers for construction defects, but they must first follow the Chapter 558 pre-suit notice process before filing a lawsuit.

Detailed:
The pre-suit process requires giving the builder written notice of the defects at least 60 days before filing suit. The builder has a chance to inspect, repair, or offer a settlement. If no resolution is reached, homeowners can then file a lawsuit in state court.

 Answer: To start a Florida construction defect claim, you must serve the builder with a detailed Chapter 558 Notice of Claim, wait for their response, and then file a lawsuit if repairs or settlement are not offered.

Detailed Steps:

1. Document all defects (photos, reports, invoices).
    
2. Hire an inspector or engineer for an official report.
    
3. Send a Chapter 558 Notice of Claim directly to the builder or developer.
    
4. Allow the statutory response period (30–75 days).
    
5. If unresolved, file a lawsuit with the help of a construction defect attorney.

Answer: Florida law gives homeowners 4 years from discovering a defect to file a claim, and no more than 10 years after construction is complete (statute of repose).

Detailed:

• 4 years – Statute of limitations (from discovery).
   
• 7 years – Absolute deadline (from completion), even if the defect was hidden.
   
• Acting quickly is critical — waiting too long can permanently bar your claim.
   

 Answer: Homeowners can recover repair costs, replacement costs, loss of home value, relocation expenses, and in some cases, attorney’s fees and mold remediation costs.

Detailed:
Compensation often includes:

• Repairs or replacement of defective work
   
• Loss of property value (diminution)
   
• Temporary housing if the home is unlivable
   
• Costs for mold remediation or health issues
   
• Attorney and expert fees
   

Answer: Yes. Florida construction defect cases are complex and require strict compliance with Chapter 558. An attorney ensures deadlines are met, evidence is preserved, and compensation is maximized.

Detailed:
Attorneys coordinate with inspectors, engineers, and expert witnesses to build a strong case. They also handle negotiations, litigation, and ensure statutory deadlines don’t expire.

• Can I sue subcontractors for construction defects in Florida?
  Yes. Subcontractors, architects, and engineers can also be held responsible.
   
• What if I already fixed the defects myself?
  You can still sue for reimbursement if you have proof of the defect and repair invoices.
   
• Do new home warranties cover defects?
  Some do, but warranties often exclude major issues. If denied, a lawsuit may still be possible.
   
• What if the builder refuses to respond to my notice?
  If no response is received during the Chapter 558 process, you may proceed directly to litigation.