Florida construction law includes strict procedures for handling construction defects, a mandatory pre-lawsuit notice requirement, new rules for builder warranties and roofing, and specific regulations for construction liens.
Key areas involve the Florida Right to Repair Act (Chapter 558), which requires notice and an opportunity to cure defects before a lawsuit can be filed, and Chapter 713, which governs construction liens with strict deadlines for subcontractors and suppliers.
Construction Defects
In Florida law, a construction defect under Chapter 558 refers to flaws in design, materials, or workmanship, including errors in planning, supervision, specifications, or construction, leading to failures to meet accepted trade standards, resulting in damage or unsafe conditions, like water intrusion or structural issues. These aren't just minor flaws; they're deficiencies in the building process that impact the property's safety, functionality, or value, triggering specific pre-suit notice requirements before a lawsuit can be filed.
Chapter 558 is Florida’s framework for homeowners and businesses to address faulty construction by making sure contractors are notified and given a chance to fix issues before legal action can escalate.
How to Begin the Process
Once you realize their is a problem, here are the necessary steps to achieve satisfaction.
Pre-Suit Notice: Property owners must give the contractor or builder notice (at least 60 days before filing a lawsuit) of alleged defects (described in reasonable detail) before suing.
Contractor Response: The contractor has 30 days to inspect and then 45 days to respond with an offer to repair the defect, propose a monetary settlement, or dispute the claim.
Document Everything: Both parties must exchange plans, photos, expert reports, and other relevant documents upon request.
Common Construction Defects Covered Under Chapter 558
Water Intrusion & Leaks: The most frequent claims filed are those involving water getting in through roofs, windows, or walls.
Material Defects: Use of faulty or substandard products.
Foundation Issues: Cracks, settlement, or other structural problems.
Window/Door Defects: Improper installation or faulty products causing water intrusion or energy inefficiency.
HVAC & Plumbing Malfunctions: Issues stemming from installation or defects in systems.
Structural Defects: Problems with the building's framework or load-bearing elements.
Code Violations: Any failure to meet the Florida Building Code.
Design & Planning Flaws: Deficiencies in the initial plans, specifications, or supervision.
How The Dempsey Law, P.A. Firm Can Help
Working with a competent and experienced attorney is the best starting point to ensure the law is followed and submitted correctly. Failure to follow Chapter 558 requirements can result in delayed or dismissed claims, waived rights, or increased liability.
Construction defects can lead to catastrophic consequences, both in terms of safety and financial ruin. The best way to avoid unwanted outcomes is to identify the problem early, document and seek legal guidance to ensure the situation is resolved in an appropriate manner.
It doesn’t matter if you’re a contractor receiving a Chapter 558 notice or a property owner dealing with construction defects, The Dempsey Law Firm, P.A., is here to help you navigate the complexities of Florida law. Understanding your rights and obligations is an important step to protect your investment.
Contact us today to see how we can assist in turning your disaster into a new beginning.