When you invest in a home or commercial property, you expect it to be safe, functional, and built according to code. Unfortunately, construction defects, from water intrusion and structural failures to electrical or plumbing defects, can turn your dream property into a financial nightmare.
At Revah Law, we represent homeowners, property associations, and commercial owners in Florida construction defect claims against general contractors, subcontractors, and design professionals. Our firm provides the legal skill and technical understanding needed to hold negligent builders accountable, while navigating Florida’s complex pre-suit and statutory requirements under Chapter 558, Florida Statutes.
Understanding Construction Defects Under Florida Law
Florida defines a construction defect as a deficiency arising from the design, specifications, construction, or remodeling of real property. This definition, found in Fla. Stat. § 558.002, includes defects in materials, workmanship, structural elements, mechanical systems, and compliance with building codes.
Construction defect claims in Florida are governed by a combination of statutes and case law, including Chapters 558, 553, and 95, Florida Statutes, and a series of court decisions that define your rights and procedural obligations before filing suit.
The Chapter 558 Pre-Suit Notice and Repair Process
Florida Statutes Chapter 558 establishes a mandatory pre-suit process for resolving construction defect disputes before filing a lawsuit.
Pre-Suit Notice Requirements – Fla. Stat. § 558.004
A claimant must serve a written notice of the alleged defect on the contractor, subcontractor, supplier, or design professional at least 60 days before filing an action (or 120 days for homeowners’ associations with 20 or more parcels). The notice must:
- Describe each defect in reasonable detail;
- Identify the location of each defect; and
- Allow the contractor to inspect and offer to repair or settle the claim.
Homeowners may amend the notice as new defects are discovered.
Failure to comply with this process can significantly delay a claim. Under Fla. Stat. § 558.003, if a lawsuit is filed before completing the notice process, the court must stay the action until compliance is achieved.
This procedural safeguard was reinforced in Moss & Assocs., LLC v. Peterson, 406 So. 3d 344 (Fla. 3d DCA 2022), where the court stayed a condominium owner’s lawsuit due to noncompliance with the pre-suit notice requirement.
What Counts as an “Action” Under Chapter 558
The statute limits the term “action” to civil lawsuits or arbitration proceedings seeking damages caused by construction defects, excluding administrative actions or personal injury claims. (Fla. Stat. § 558.002).
The Florida Supreme Court, in Altman Contractors, Inc. v. Crum & Forster Specialty Ins. Co., 232 So. 3d 273 (Fla. 2017), held that a Chapter 558 notice constitutes an “alternative dispute resolution proceeding” under a commercial general liability (CGL) policy’s definition of “suit.” This ruling is crucial for determining whether insurers must defend contractors during the 558 process.
In Gindel v. Centex Homes, 267 So. 3d 403 (Fla. 4th DCA 2019), the court held that serving a Chapter 558 notice within the statute of repose period qualifies as the commencement of an “action,” ensuring that homeowners preserve their claims when notice is timely served.
Other Key Statutory Provisions Affecting Construction Defect Claims
Building Code Violations – Fla. Stat. § 553.84
Section 553.84 provides a cause of action for damages resulting from violations of the Florida Building Code. However, a claim may fail if the claimant does not first give the contractor notice and an opportunity to cure, as seen in Mallory v. Brevard Constr. Co., 2023 Fla. Cir. LEXIS 7167, where a homeowner’s code violation claim was dismissed for lack of statutory notice.
Builder Warranties – Fla. Stat. § 553.837
This statute governs builder warranties for newly constructed homes, specifying coverage for structural components and limiting the warranty period. It provides homeowners a private cause of action for violations but does not extend the statute of repose.
Statute of Limitations and Repose – Fla. Stat. § 95.11
Under §95.11, most construction defect claims must be filed within seven years of the issuance of a certificate of occupancy or completion. For latent defects (those hidden and not discoverable through reasonable diligence), the time runs from when the defect is discovered or should have been discovered.
The Fourth DCA’s decision in Gindel v. Centex Homes clarified that timely service of a Chapter 558 notice tolls the statute of repose.
Administrative Decisions and Contract Law in Construction Disputes
Florida’s Division of Administrative Hearings (DOAH) and Attorney General opinions have further shaped the understanding of construction obligations and defects:
- Op. Att’y Gen. Fla. 1957-166: Defined warranties covering structural components, plumbing, and electrical systems as including defects that impair a building’s function or purpose.
- Dep’t of Transp. v. Gamm Contracting Co., 1989 Fla. Div. Adm. Hear. LEXIS 7092: Reinforced that contractors remain responsible for their work until acceptance by the Department of Transportation, even for third-party damage.
- Foley & Assocs. Constr. Co. v. Dep’t of Mgmt. Servs., 1995 Fla. Div. Adm. Hear. LEXIS 4882: Found that late project changes and inconsistent directions by the owner or architect can constitute constructive changes, requiring equitable adjustments.
- Mechanical Contractors, Inc. v. Dep’t of Health & Rehabilitative Servs., 1995 Fla. Div. Adm. Hear. LEXIS 4244: Emphasized the importance of timely filing claims for owner-caused delays.
- Lucila Ortega v. Citizens Property Ins. Corp., 2025 Fla. Div. Adm. Hear. LEXIS 208: Addressed insurance coverage disputes for property damage caused by faulty workmanship, highlighting policy exclusions for wear and tear or inherent defects unless a covered peril triggers damage.
Quality Control and Regulatory Standards
Several Florida Administrative Code rules supplement construction defect law by establishing quality control, building safety, and restitution procedures:
- Rule 14-103.0071: Sets quality control standards for construction materials and procedures for addressing product certification failures.
- Rule 65C-28.022: Outlines the process for filing restitution claims for damages caused by individuals in state care, including documentation and proof standards.
- Rule 65C-46.004: Establishes building and facility standards for structures housing children, including ventilation, lighting, and safety requirements.
While these administrative rules often apply to institutional or government-related construction, they reflect Florida’s broader regulatory emphasis on construction quality and accountability.
Case Study: Contract Breach and Fraudulent Lien Claims
In Mallory v. Brevard Constr. Co., 2023 Fla. Cir. LEXIS 7167, the court found that a contractor:
- Breached its contract by performing unauthorized additional work;
- Filed a fraudulent lien including charges for unauthorized work; and
- Failed to comply with change order provisions.
This case illustrates how Florida courts enforce contractual compliance and protect property owners from inflated or improper claims by contractors.
Practical Impact for Florida Homeowners and Property Owners
If you suspect defective construction, your first step should be to preserve your rights under Chapter 558 by providing a compliant pre-suit notice within the statutory deadlines. From there, a construction defect attorney can help you:
- Coordinate inspections and document all defects;
- Serve the required pre-suit notice to all responsible parties;
- Negotiate repairs or settlements during the statutory process;
- File a lawsuit if the defect is not resolved;
- Pursue additional remedies under Fla. Stat. §§ 553.84, 553.837, and 95.11.
Florida law provides powerful remedies, but strict compliance with procedural steps is critical. Missing deadlines or failing to give notice can bar recovery.
Why Hire Revah Law for Your Construction Defect Case
At Revah Law, we understand the technical, contractual, and statutory nuances of Florida construction defect litigation. We represent property owners against general contractors, subcontractors, and builders in claims involving:
- Water intrusion and mold
- Structural failures and foundation cracks
- Roof, stucco, and exterior envelope defects
- Faulty electrical, mechanical, or plumbing systems
- Violations of the Florida Building Code
- Fraudulent liens and contract breaches
Our firm handles every stage of the process, from the Chapter 558 pre-suit notice through litigation and settlement, ensuring full compliance and maximum leverage under Florida law.
Contact Revah Law Today
If your home, condominium, or commercial property was built with construction defects, don’t wait. The deadlines under Florida’s statutes of limitation and repose are strict, and contractors often deny liability once those periods expire.
Contact Revah Law today to schedule a consultation with an experienced Florida construction defect attorney. We’ll assess your claim, preserve your rights, and help you recover for the cost of repairs, loss of value, and related damages.