Skip to main content
Commercial Litigation

Construction Defect Claims: Legal Recourse for Florida Property Owners

By November 8, 2023No Comments

Owning a property in the Sunshine State is a dream for many, but it can turn into a nightmare if you discover construction defects in your home or building. These defects can range from structural issues to problems with plumbing, electrical systems, or even cosmetic flaws. Fortunately, Florida law provides legal recourse for property owners facing such challenges. 

In this blog post, we’ll explore construction defect claims, helping you understand your rights and the steps to take if you encounter construction issues in your property.

Understanding Construction Defects

Before diving into the legal aspects, it’s crucial to grasp what constitutes a construction defect:

Structural Defects: These include problems with the foundation, walls, roof, or other structural elements that compromise the building’s stability.

Water Intrusion Issues: Leaky roofs, windows, or doors that allow water to penetrate the structure can lead to mold, rot, and other problems.

Electrical or Plumbing Problems: Faulty wiring, inadequate plumbing, or issues with HVAC systems can affect your property’s safety and functionality.

Cosmetic Flaws: Although less critical, cosmetic defects like uneven flooring or poorly finished surfaces can still affect your property’s value and aesthetics.

Florida’s Construction Defect Statute

Florida has specific laws in place to protect property owners dealing with construction defects. The primary statute governing construction defect claims in Florida is Chapter 558, Florida Statutes. Here’s a breakdown of the key provisions:

Pre-Suit Notice

Before filing a lawsuit, property owners are generally required to serve a written notice of claim to the responsible parties, such as the builder, developer, or contractor. This notice should describe the defects in detail.

Opportunity to Cure

Upon receiving the notice, the responsible parties have the opportunity to inspect the property and make necessary repairs or offer a settlement to resolve the issue. This process is aimed at avoiding litigation when possible.

Filing a Lawsuit

If a resolution cannot be reached through pre-suit negotiations, property owners may proceed with a lawsuit. It’s important to note that there are time limits for filing these claims, so seeking legal advice promptly is essential.

Recoverable Damages

Property owners may be entitled to compensation for the cost of repairs, loss of use of the property, diminution in value, and, in some cases, attorney’s fees and court costs.


If you discover construction defects in your Florida property, it’s crucial to understand your rights and legal recourse. Consulting with an experienced attorney is often the first step in the process. They can guide you through the complexities of the Chapter 558 process, negotiate on your behalf, and, if necessary, represent you in a lawsuit to seek the compensation you deserve.

For more expert legal guidance on construction defects, contact one of our experienced attorneys at 305-570-2208. You can also email our lead attorney Eduardo directly at

We at Ayala Law PA are passionate about helping those in legal need, so please don’t hesitate to schedule a case evaluation with us online here.

Subscribe to Our Blog

Stay informed with our latest blog posts delivered directly to your inbox. Gain valuable legal insights, tips, and advice from our seasoned attorneys.

Leave a Reply

× Let's Chat On Whatsapp!