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.
How The Dempsey Law Firm 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 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.
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 a construction problem is discovered, there are specific steps that must be followed to pursue a resolution and achieve satisfaction. Florida law outlines a structured pre-suit process designed to give all parties an opportunity to address alleged defects before litigation begins.
First, the property owner is required to provide the contractor or builder with a pre-suit notice. This notice must be given at least 60 days before filing a lawsuit and must describe the alleged construction defects in reasonable detail. This step is mandatory and serves as an opportunity for the contractor to evaluate and potentially resolve the issue.
After receiving the notice, the contractor has 30 days to inspect the property. Following the inspection, the contractor then has 45 days to respond. The response may include an offer to repair the defect, a proposal for a monetary settlement, or a formal dispute of the claim.
Throughout this process, documentation is critical. Both parties are required to exchange relevant materials upon request, including construction plans, photographs, expert reports, and any other documentation related to the alleged defects. Proper documentation helps ensure transparency and supports each party’s position.
Common Construction Defects Covered Under Chapter 558
Chapter 558 commonly applies to a wide range of construction defects. One of the most frequent issues involves water intrusion and leaks, particularly through roofs, windows, doors, or walls. These defects can lead to significant property damage if not properly addressed.
Other common defects include material defects, where faulty or substandard products are used, and foundation issues, such as cracks, settling, or structural instability. Window and door defects are also prevalent, often resulting from improper installation or defective products that cause water intrusion or energy inefficiency.
Additional covered issues include HVAC and plumbing malfunctions stemming from installation errors or defective components, as well as broader structural defects affecting the building’s framework or load-bearing elements. Code violations, involving failure to comply with the Florida Building Code, are also included, along with design and planning flaws, such as deficiencies in initial plans, specifications, or construction supervision.