A new roof that leaks. Stucco that cracks and lets water in. A foundation that settles. Construction defects can cost more to fix than the original work cost to build — and Florida law puts a specific process and a hard clock around the right to recover. Move correctly and early, and you preserve real leverage; wait too long, or skip the required pre-suit step, and you can lose the claim entirely.
What Is a Construction Defect?
A construction defect is a deficiency in the design, materials, or workmanship of a project, or a failure to build in compliance with the contract or the applicable code. Common Florida examples:
- Water intrusion and leaks (windows, stucco, roofing, flashing)
- Foundation movement and structural problems
- Defective stucco, roofing, or waterproofing
- Faulty electrical, plumbing, or HVAC installation
- Soil, grading, and drainage issues
Defects are patent (reasonably observable) or latent (hidden) — a distinction that matters because it affects when the limitations clock starts to run.
Chapter 558: The Pre-Suit Step You Can't Skip
For most defect claims, Florida's Chapter 558 requires a pre-suit notice-and-cure process before a lawsuit:
- Notice of Claim. The owner serves a written notice describing each claimed defect in reasonable detail (§ 558.004) — generally at least 60 days before suit (longer for certain association claims involving many parcels).
- Inspection. The contractor and subcontractors get the right to inspect and test the alleged defects.
- Response. The recipient responds with an offer to repair, an offer to settle by payment, a combination, or a dispute of the claim.
- Resolve or proceed. If the response resolves it, great; if not, the owner may then file suit.
The Deadlines: 4-Year Limit, 7-Year Repose
| Concept | Florida rule | Authority |
|---|---|---|
| Statute of limitations | ~4 years to sue; for a latent defect, runs from discovery (or when it should have been discovered) | Fla. Stat. § 95.11(3)(c) |
| Statute of repose | Outer bar — 7 years (shortened from 10 by 2023 legislation), generally from issuance of the certificate of occupancy or similar milestone | Fla. Stat. § 95.11(3)(c) |
The repose period is an absolute cutoff: once it runs, even a newly discovered hidden defect is generally time-barred. Because the 2023 amendments both shortened repose and changed how accrual is measured, the exact deadline for any given project requires a careful look — and erring toward acting sooner is always safer.
Who Is Liable?
- General contractor — for the overall work and supervision.
- Subcontractors — for the specific defective trade work.
- Developer / builder-vendor — especially in new-home and community settings.
- Design professionals — architects and engineers for design defects.
New-home purchasers may also have implied warranty claims (fitness and merchantability/habitability) in addition to contract and statutory claims. Identifying every responsible party early matters, because each typically has separate insurance and contractual obligations — and waiting can let those policies or parties slip away.
What You Can Recover
Defect damages generally focus on the cost to repair or replace the defective work, and in some cases the diminution in value of the property, plus related and consequential damages depending on the claim and contract. Some matters also involve attorney's-fee provisions in the contract.
Frequently Asked Questions
Related Reading
- Florida Contractor Disputes — non-payment, abandonment, and unlicensed contractors.
- Florida Construction Liens & Notice to Owner — the deadline-driven payment tool.
Have a Florida Construction Defect?
Truestead Law evaluates the defect, preserves the evidence, runs the Chapter 558 process, and pursues the contractor, subs, developer, and design professionals responsible — before the limitations and repose clocks run out.
Florida Construction Law Practice →This article is for general informational purposes and does not constitute legal advice. Construction-defect law, deadlines, and the Chapter 558 process are fact-specific and have changed recently; do not rely on general information in place of timely advice. Consult a licensed Florida attorney regarding your situation. Arthur Simpson, Esq. is licensed to practice law in the State of Florida. Attorney advertising.