Ayala Law PA focuses on construction litigation, including construction defect disputes in Florida courts and arbitration. This page explains what a construction defect is, how Florida’s deadlines work, and what to gather before you speak with a lawyer. Can you recommend a construction defect attorney in Tampa? The answer starts with understanding your own facts, and this page is designed to help you do that.
Why You Are Asking This Question
Most defect problems show up in the middle of a project or after closing. A cracked slab, a roof leak or a failed inspection can arrive without warning. You did not choose the situation.
Some readers search this topic for themselves. Others search for a relative, a tenant, a business partner or a property manager. A homeowners’ association board member and a general contractor may both be trying to understand the same problem.
You don’t have to act yet. This page helps you understand the issues and the records that matter. Many people in this spot are still learning what their contract says. That is a normal place to start.
If defective work has stalled your project or left a payment in dispute, you don't have to sort out the deadlines alone, and our team is ready to listen. Talk it through with our team — we can walk you through how a situation like yours is usually handled and what your options are.
What a Construction Defect Claim Involves
A construction defect is work or materials that don’t match what the contract, plans or permits required. For example, a wall may be built without the framing shown on the plans. Waterproofing may be skipped on a foundation.
Not every problem is a defect. Normal settling, everyday wear and damage the owner caused usually fall into a different category. The facts decide where a problem belongs.
Defect disputes often combine several legal ideas. A claim may rest on the contract, on a warranty promise, on fraud if someone misrepresented the work, or on careless performance of the job. Florida courts have also held that when a written contract covers the same subject, claims from that relationship will not support unjust enrichment (getting a benefit unfairly).
Key Florida Deadlines to Understand Early
Florida sets firm time limits for construction claims, and the start date is often disputed. Under § 95.11(3)(b), actions founded on the design, planning, or construction of an improvement to real property must be commenced within four years, with the time running from the date the authority having jurisdiction issues a temporary certificate of occupancy, a certificate of occupancy, or a certificate of completion, or the date of abandonment of construction if not completed, whichever date is earliest; in any event, the action must be commenced within 7 years after that date. Fla. Stat. § 95.11 reads: “(b) An action founded on the design, planning, or construction of an improvement to real property, with the time running from the date the authority having jurisdiction issues a temporary certificate of occupancy, a certificate of occupancy, or a certificate of completion, or the date of abandonment of construction if not completed, whichever date is earliest; except that, when the action involves a latent defect, the time runs from the time the defect is discovered or should have been discovered with the exercise of due diligence.”
The clock starts on the earliest date that a temporary certificate of occupancy, a certificate of occupancy or a certificate of completion issues. Fla. Stat. § 95.11 reads: “(b) An action founded on the design, planning, or construction of an improvement to real property, with the time running from the date the authority having jurisdiction issues a temporary certificate of occupancy, a certificate of occupancy, or a certificate of completion, or the date of abandonment of construction if not completed, whichever date is earliest; except that, when the action involves a latent defect, the time runs from the time the defect is discovered or should have been discovered with the exercise of due diligence.” It also starts on the date construction was abandoned, if the work was never finished.
For a latent defect (a hidden flaw), the clock starts when the defect was discovered or should have been discovered with due diligence. Fla. Stat. § 95.11 reads: “(b) An action founded on the design, planning, or construction of an improvement to real property, with the time running from the date the authority having jurisdiction issues a temporary certificate of occupancy, a certificate of occupancy, or a certificate of completion, or the date of abandonment of construction if not completed, whichever date is earliest; except that, when the action involves a latent defect, the time runs from the time the defect is discovered or should have been discovered with the exercise of due diligence.” The same statute also sets a seven-year outer limit.
If the work was done under a duly issued building permit and a temporary certificate of occupancy, certificate of occupancy or certificate of completion has issued, repairs to completed work within the scope of that permit and certificate, whether under warranty or otherwise, don’t extend the deadline. Each building in a multi-building project counts as its own improvement for purposes of determining the limitations period under § 95.11.
Some other rules matter too. A contract clause that shortens the deadline is void under § 95.03.
Write down when you first noticed each problem. That date can decide whether a claim is timely.
What to Gather Before Speaking With a Construction Litigation Lawyer
Start with the signed contract, change orders and any written bids or proposals. These show what was promised and when the scope changed.
Next, collect these records:
- Building permits, inspection reports and any certificate of occupancy or completion
- Dated photos and video of each problem
- Invoices, payment history and lien waivers
- Emails, texts and letters with the contractor, subcontractors or suppliers
- Notes on every repair attempt and who performed it
Then build a short timeline. List the date work was done, the date each defect first appeared and the date you reported it. A clear timeline keeps the conversation focused.
Also write down who performed each part of the work. That includes the general contractor, any subcontractor, supplier or designer. Missing names slow down almost every discussion.
Keep originals. Records get lost when they are collected late, so start now.
How Ayala Law PA Approaches Construction Litigation in Tampa Bay
Ayala Law PA focuses on construction litigation, including contractor and subcontractor disputes, lien foreclosure and construction contract fraud. The firm also handles commercial and real estate litigation.
Matters may proceed in Florida courts or in arbitration. Under § 682.02, a written agreement to arbitrate is generally enforceable, except on grounds that exist to revoke any contract.
Under § 47.011, actions shall be brought only in the county where the defendant resides, where the cause of action accrued, or where the property in litigation is located; this section does not apply to actions against nonresidents. Questions about construction liens often involve notices, claims of lien and foreclosure, and the answer depends on the facts of each situation.
Businesses and property owners in Tampa, Brandon, Riverview, Plant City, Temple Terrace and Hillsborough County are welcome to contact our firm, whose office is at 1646 W Snow Ave, Tampa, Florida. Eduardo A. Maura is the responsible lawyer for this page.
A matter may be referred to another lawyer or firm. We will say so when that applies. You can also read more about our construction litigation work in Tampa Bay.
Talk Through Your Situation With Our Team
If you’re living with a cracked foundation, water intrusion, a failed inspection, unpaid subcontractor work or a lien notice, a clear conversation about your timeline is the useful next step. Our team can listen to what happened, which records you have and where the key dates fall.
Call (305) 570-2208 or send us a message. Results depend on the facts of each matter, and we do not promise any particular outcome.
Common Questions
How long do I have to sue over construction defects in Florida?
Under § 95.11, an action founded on the design, planning, or construction of an improvement to real property must be commenced within four years, with the time running from the date the authority having jurisdiction issues a temporary certificate of occupancy, a certificate of occupancy, or a certificate of completion, or the date of abandonment of construction if not completed, whichever date is earliest; when the action involves a latent defect, the time runs from when the defect is discovered or should have been discovered with the exercise of due diligence. In any event, the action must be commenced within 7 years after that date. The start date depends on the facts.
Under § 95.11, for construction performed under a duly issued building permit where a certificate of occupancy, temporary certificate of occupancy, or certificate of completion has issued, repairs to completed work, whether done under warranty or otherwise, do not extend the deadline for work within the scope of that permit and certificate.
Can you recommend a construction defect attorney in Tampa?
Ayala Law PA focuses on construction litigation and can talk through your matter. If another lawyer or firm is a better fit, we will say so.
