Written and reviewed by Cory Cannon, Esq.
Published Updated
A construction defect is a flaw in the design, materials, or workmanship of a building: anything from a mis-flashed window to a foundation that was never built to the approved plans. This page gathers the construction defect questions Florida property owners ask us most often and answers each one in plain English. The full list of questions appears below, and each links to a complete answer.
Findings Summary
- A construction defect is a flaw in a building’s design, materials, or workmanship: from a mis-flashed window to a foundation built off the approved plans.
- You generally have four years to sue for a construction defect, and a hidden (latent) defect starts that clock when you discover it (section 95.11, Florida Statutes).
- A 2023 law (SB 360) sets a seven-year outer limit, the statute of repose, after which most defect claims end no matter when the problem surfaced.
- Chapter 558, Florida Statutes usually requires a written pre-suit notice to the contractor before you can file a defect lawsuit.
How We Approach These Answers
I am a Florida attorney with a family history in construction for generations. That background shapes how I answer: I start with the building, not the legal theory. I read plans, scopes of work, and contractor paperwork line by line, and when a claim turns on how a building was put together, we retain independent licensed engineers to document it. The answers in this section reflect that approach: specific, verifiable, and free of guesswork.
Two Deadlines Run Behind Every Question
Whatever your specific question, two clocks sit behind it. Section 95.11, Florida Statutes generally gives you four years to file a construction defect lawsuit; for a latent defect (one hidden from view, such as missing flashing behind stucco) the clock starts when you discover it or reasonably should have. A 2023 law (SB 360) then sets a hard outer limit called the statute of repose: seven years measured from the earliest of several construction milestones, listed in the questions below. After that, most defect claims end no matter when the problem surfaced. These rules carry exceptions, so confirm your own dates with a lawyer before relying on them.
The Chapter 558 Process Comes First
Florida law also requires a pre-suit step. Chapter 558, Florida Statutes requires most defect claimants to serve a written notice describing each claimed defect before filing suit. The contractor then gets a window to inspect the property and respond, with a repair offer, a settlement offer, or a denial. We walk through the timelines and the strategy in our guide to the Florida 558 notice.
If Your Dispute Is Really With an Insurance Carrier
Some readers arrive with a different problem: a defect caused water or structural damage, and the real fight is with the insurance company over coverage or payment. That is an insurance dispute, not a defect claim. Our property insurance claims practice handles it under a different set of rules and deadlines.
Browse the Questions
Each question below opens a full answer. For the broader picture (who can be held responsible and what damages are recoverable), start with our construction defects overview or our guide on suing a contractor in Florida. If your question is not listed, contact us. Consultations are free.