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What to Know About Florida’s Construction Defect Law
If you have recently purchased a home or undertaken renovations, it is very frustrating and upsetting to discover a construction defect. It could also be expensive. If you have to pay for additional construction to repair the issue, that could quickly add up.
Developers and private owners in Florida who find construction defects could also face significant financial and business costs. Additionally, construction defects can lower the value of your property. In Florida, the law that specifically governs construction defects is Florida Statute Chapter 558. An experienced Fort Lauderdale, FL real estate attorney can advise you on your legal options and on the law applicable to your claim after you discover a construction defect.
What Is the Main Law On Construction Defects in Florida?
Given Florida’s strong real estate and construction market, it should come as no surprise that Florida has a law that specifically governs construction defects. Florida Statute Chapter 558 governs how, why, and when you may bring claims for construction defects in Florida.
What Is a Construction Defect Under Florida Law?
Under Chapter 558, a construction defect is defined as "any deficiency in the design, specifications, surveying, planning, supervision or observation of construction or preparation of construction plans and any resulting defect in the completed project that materially impairs the use, value, or safety of the project." Examples of construction defects are code violations, the use of defective materials, and work that falls short of industry standards. Breaches of a construction agreement by themselves would usually not constitute a construction defect.
How Do You Bring a Claim for Construction Defects?
Chapter 558 sets out specific procedures that must be followed to file a construction defect claim. The property owner must first provide the builder with a written notice of the construction defect. After that point, the builder or contractor has 60 days to respond to the notice. During that time they can offer to repair the defect, attempt to negotiate a settlement, or deny the claim. If the parties cannot agree after 60 days, the property owner can then file a lawsuit, but not before.
How Long Do You Have to Bring a Claim for Construction Defects?
The short answer is seven years. The long answer is that under the statute of limitations, you can only bring a claim for construction defects within four years after the time the contract was completed, the owner took possession, or the certificate of occupancy was granted, whichever occurred last.
However, this period can be paused if there is a "latent" or undiscovered defect, and the statute of limitations in that case will only begin running when the defect was discovered or should have been discovered. Nevertheless, the statute of repose imposes an absolute seven-year limit for a property owner to bring a suit for construction defects regardless of when they found out about the defect.
Call a Fort Lauderdale, FL Real Estate Litigation Attorney
If you have been the victim of subpar construction work and now find yourself with construction defects that are costing you time and money, the experienced Broward County, FL real estate attorney at The Elliot Legal Group, P.A. can help you resolve that dispute through a legal claim. Call our offices for a consultation to see how you can resolve your construction defect claim. You can reach us at 754-332-2101.
