Quick-Read Summary (TLDR)
Homeowners in Florida have several legal avenues to address poor quality construction work, primarily under Florida Statutes Chapter 558. This statute mandates a pre-lawsuit notice to the contractor, allowing them an opportunity to inspect and resolve defects before litigation begins.

When suing construction contractors, homeowners can pursue breach of contract claims for unfulfilled agreements, or claims based on express and implied warranties ensuring quality workmanship and habitability. Additionally, negligence claims can be filed when contractors’ work falls below acceptable standards, leading to various construction defects. For deceptive practices, homeowners may also pursue claims for fraudulent behavior or building code violations.
Given the complexity and strict deadlines, consulting an experienced Florida construction attorney is crucial for homeowners to protect their rights and secure fair compensation.

Need construction-related legal advice or representation? Reach out to South Florida Law on our contact form or by calling (954) 900-8885.

When homeowners discover construction defects or poor workmanship in their newly built or renovated properties, Florida law provides several powerful remedies to hold contractors accountable. Understanding these legal options can help property owners protect their investments and recover damages from substandard construction work.

Florida’s Construction Defect Laws Protect Homeowners

Florida has established comprehensive legal protections for homeowners who experience construction problems. The state recognizes that property owners deserve quality workmanship and has created multiple avenues for seeking compensation when contractors fail to meet acceptable standards.

Under Florida law, construction defects are broadly defined as deficiencies arising from design, specifications, planning, supervision, or actual construction work. These defects can result from defective materials, building code violations, failure to meet professional standards, or failure to construct according to accepted trade standards for workmanlike construction.

Chapter 558: The Pre-Lawsuit Notice Requirement

The most important law affecting construction defect claims is Florida Statutes Chapter 558, which requires homeowners to follow specific procedures before filing a lawsuit. This statute was designed to encourage resolution of disputes without costly litigation while still protecting homeowner rights.

Before taking legal action, property owners must provide written notice to the contractor at least 60 days prior to filing a lawsuit. This notice must describe the alleged defects in reasonable detail and specify any known damages or losses. The notice gives contractors an opportunity to inspect the problems and potentially resolve the issues without court involvement.

After receiving notice, contractors have 30 days to inspect the alleged defects and 45 days to respond in writing. The contractor’s response may include an offer to repair the defects at no cost, a monetary settlement offer, a combination of repairs and payment, or a statement disputing the claim entirely.

If the contractor offers a settlement, homeowners have 45 days to accept or reject the proposal. Property owners are not obligated to accept any offer and can proceed with legal action if they find the contractor’s response unsatisfactory.

Breach of Contract Claims

One of the most common remedies available to homeowners is filing a breach of contract lawsuit. Contractors breach their agreements when they fail to complete work as specified, use inferior materials than those agreed upon, or fail to finish projects within reasonable timeframes.

Contract breaches can involve both written and oral agreements. Even when homeowners do not have written contracts, they may still pursue legal action by proving that oral contracts existed. For example, if a contractor agreed to paint an entire home but only completed 70 percent of the work, the homeowner could enforce the oral agreement in court.

Successful breach of contract claims typically allow homeowners to recover monetary damages, including refunds of payments made to contractors or costs of having other contractors complete or repair the work.

“…property owners must provide written notice to the contractor at least 60 days prior to filing a lawsuit.”

Express and Implied Warranties

Florida law recognizes both express and implied warranties in construction projects. Express warranties are specific promises made by contractors, either written or verbal, guaranteeing certain aspects of their work. These might include promises that work will be defect-free for specific time periods or that particular materials will be used.

Implied warranties exist even when not explicitly stated in contracts. Florida courts have established several types of implied warranties that automatically apply to construction projects:

Implied Warranty of Habitability: New homes must be reasonably suitable for human habitation and fit for their intended purpose. This warranty ensures that homes meet normal standards expected of comparable properties.

Implied Warranty of Good Workmanship: Contractors must provide services in a diligent, reasonably skillful, and workmanlike manner according to industry standards.

Implied Warranty to Construct According to Plans: When building plans are filed with government authorities, contractors implicitly promise to complete projects according to those specifications.

Violations of these warranties can subject contractors to liability for damages caused to property owners, including both repair costs and consequential damages.

Construction Defect and Negligence Claims

Homeowners can pursue construction defect lawsuits when contractors’ work falls below acceptable standards. These claims can be based on various legal theories including negligence, where contractors fail to exercise reasonable care resulting in subpar workmanship.

Construction defects encompass a wide range of problems, from structural issues like cracked foundations and improper roofing to aesthetic problems like uneven flooring or missed paint spots. More serious defects that affect habitability or safety can support larger damage awards.

Florida law also allows homeowners to seek compensation for both economic losses, such as repair costs, and non-economic damages, including emotional distress caused by construction problems.

Fraudulent Behavior and Building Code Violations

When contractors engage in deceptive practices or fraudulent behavior, property owners may have grounds for additional legal action under Florida Statute 817.034. Contract fraud occurs when contractors knowingly make false claims to deceive homeowners, such as promising premium materials while actually installing substandard ones.

Contractors must also adhere to Florida building codes and regulations. Failure to meet these requirements can provide grounds for legal action, particularly when code violations create safety hazards or compromise property integrity.

Available Remedies and Damages

Florida law provides several types of remedies for homeowners facing construction problems:

Monetary Damages: Compensation for repair costs, completion expenses, and other financial losses caused by defective work.

Specific Performance: Court orders requiring contractors to complete work according to contract specifications.

Rescission: Cancellation of contracts with parties returning to their pre-contract positions.

Injunctive Relief: Court orders preventing contractors from continuing harmful practices.

Statute of Limitations Considerations

Homeowners must be aware of time limits for filing construction-related lawsuits. Florida’s statute of limitations for breach of contract cases is generally five years from the date of breach. However, for construction defects that are not immediately apparent, the time limit may begin when defects are discovered or should have been discovered.

Florida also has statutes of repose that provide absolute time limits for filing certain construction-related claims, regardless of when defects are discovered. Recent legislative changes have shortened some of these time periods, making prompt action crucial for protecting legal rights.

The Importance of an Attorney

Construction defect cases involve complex legal procedures, technical building standards, and strict deadlines. The Chapter 558 notice requirements, in particular, must be followed precisely to preserve legal rights. Failure to comply with statutory procedures can result in claims being dismissed or delayed.

Given the complexity of construction law and the significant financial stakes involved, homeowners facing construction defects should consult with experienced Florida construction attorneys. Legal professionals can help navigate the pre-suit notice process, evaluate the strength of potential claims, and determine the best strategies for obtaining fair compensation.

Rather than attempting to “go it alone”, homeowners can seek professional legal representation that protects their interests and maximizes their chances of success.

South Florida Law

At South Florida law, we excel at representing property owners who are considering legal action or exploring other resolution options. Through prioritizing thorough documentation and timely action we can help you manage the complexities of construction law with a view to arriving at a result in which your best interests are protected.

Our construction law team consists of experienced attorneys that give you the best of both worlds: the partner-level attention to detail afforded by a boutique law firm and large law firm resources.

Are you a property owner or developer looking for competent legal representation in a construction-related dispute? If so, reach out to us today at (954) 900-8885 or via our contact form.