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Commercial Litigation

Defect Claims in Construction: Legal Solutions for Florida Developers & Contractors

By December 11, 2023No Comments

Construction projects are complex endeavors, and despite meticulous planning, defects can sometimes arise, causing significant issues for developers and contractors. In Florida, understanding the legal avenues available for addressing these defects is crucial. This post aims to shed light on defect claims in construction, offering insights into the legal recourse available to developers and contractors in the Sunshine State.

What Constitutes a Construction Defect?

Before delving into the legal aspects, it’s essential to understand what qualifies as a construction defect. These can include design flaws, substandard materials, faulty workmanship, or issues related to compliance with building codes and regulations. Common defects encompass structural problems, water intrusion, electrical or plumbing issues, and problems with finishes or roofing.

Legal Recourse for Florida Developers & Contractors

Understanding Statutes of Limitations: In Florida, developers and contractors must be aware of the statute of limitations for filing construction defect claims. Typically, this is within four years of the completion of the project or within four years of discovering the defect, whichever comes later.

Potential Legal Actions: Developers and contractors have several legal options to address construction defects:

  1. Breach of Contract Claims: If the defect is a result of a violation of contractual obligations between parties, a breach of contract claim might be applicable. This could involve failure to meet specifications or use agreed-upon materials.
  2. Warranty Claims: Many construction contracts include warranties regarding the quality of work. Builders and contractors can be held accountable under these warranties if defects arise within the specified warranty period.
  3. Negligence Claims: When defects occur due to negligence, such as improper installation or oversight in adhering to industry standards, negligence claims can be pursued.
  4. Florida’s Construction Defect Statute: Florida’s Construction Defect Statute (Chapter 558, Florida Statutes) requires a notice of claim to be served to the responsible parties before initiating legal action. This statute encourages early resolution and outlines specific steps for resolving construction defect disputes.

Seeking Legal Assistance: Navigating construction defect claims can be intricate. Seeking legal counsel with expertise in construction law is highly recommended. An experienced attorney can guide developers and contractors through the complex legal processes, protect their rights, and ensure compliance with Florida’s legal requirements.


Addressing construction defects in Florida involves understanding the intricacies of the law and taking appropriate legal action within the specified timeframes. Developers and contractors must be proactive in identifying and addressing defects promptly to avoid potential complications and protect their interests. Seeking legal counsel well-versed in construction law is crucial for effectively navigating these complex issues and securing the best possible outcome.

At Ayala, we specialize in construction law and provide expert guidance to developers and contractors in resolving construction defect claims. For more expert legal guidance on this topic, 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.

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