CONSTRUCTION DEFECT CLAIMS
Pursue Claims against Homebuilders for Construction Defects
In Florida, homeowners have the legal right to pursue claims against homebuilders for construction defects. These defects can range from structural issues to substandard workmanship that affects the safety, functionality, or value of the property. Common claims include defective workmanship, breach of contract, breach of implied or express warranties, violation of Florida’s construction defect statute.
Statute of Limitations and Statute of Repose
It’s crucial for homeowners to be aware of the time frames within which they must act:
Statute of Limitations:
Homeowners have four years to file a claim from date of their Temporary or Permanent Certificate of Occupancy, Whichever came first.
Statute of Repose:
As of April 13, 2023, Florida law shortened the statute of repose from ten years to seven years. This means all construction defect claims must be initiated within seven years from the earliest of the following events:
Issuance of a temporary certificate of occupancy
Issuance of a certificate of occupancy
Issuance of a certificate of completion
This change imposes a stricter deadline, emphasizing the importance of timely action.
The Statute of Repose applies to latent defects—those not immediately apparent—the seven-year period begins from the earliest of the Issuance of a Certificate of Occupancy (temporary or permanent, whichever was first.
Pre-Suit Required Procedure
Before initiating a lawsuit, Florida law mandates specific steps:
1. Written Notice:
Homeowners must provide the builder with written notice of the defects at least 60 days before filing a lawsuit. This notice should detail the defects and allow the builder an opportunity to inspect and propose repairs and should be done as soon as possible.
2. Builder’s Response:
Upon receiving the notice, the builder has 30 days to inspect the property and must respond in writing within a specified timeframe, indicating whether they will remedy the defect, offer monetary compensation or dispute the claim within 45 days of service of the notice of claim.
Steps to Address Construction Defects
Document the Defects: Maintain detailed records, including photographs and descriptions of the issues.
Hire an Independent Inspector: Engage a licensed inspector to assess and report on the defects objectively
Acting promptly and adhering to the prescribed procedures is essential to protect your rights and seek appropriate remedies for construction defects in Florida.
If you believe you have a valid construction defect claim in Florida, hiring an experienced attorney as soon as possible is important to protect your legal rights and obtain fair and just compensation.
Understanding Construction Defects in Florida Homes
Under Florida law, a construction defect is defined as an issue that arises due to a builder or contractor not following the proper building codes for the area, typically resulting in structural damage that impacts the safety and/or usability of the property.
Common types of construction defects found in homes across Florida include:
Foundation Issues:
The most common issue found in Florida homes is foundation problems, which can include anything from cracks to shifting walls. This type of defect is often caused by inadequate soil preparation or a failure to properly reinforce the structure before pouring the concrete–both violations of state building codes.
Water Intrusion:
Another common construction defect that plagues many Florida homes is water intrusion, which can be caused by faulty roofing, siding, or window installation.
Residential construction disputes are complex and require following a statutory pre-suit process. A successful outcome is more likely with an attorney experienced in handling construction defect cases.
