Imagine finally moving into your dream home. The paint is fresh, the floors shine, and everything seems perfect—until it isn’t. Maybe a few months later, you start noticing water stains on the ceiling after heavy rain. The brand-new windows don’t open properly, or worse, cracks appear in the walls. Suddenly, that dream home starts feeling like a headache.
Unfortunately, these issues are common. Construction projects don’t always turn out as expected, whether due to poor workmanship, defective materials, or flawed designs. In Florida, when something goes wrong with construction, the law gives you options. Construction defect claims allow property owners to hold builders, contractors, or developers accountable.
But how does this process work? What steps do you need to take? And how can an attorney help? Let’s break it down in simple terms.
When Construction Goes Wrong: Understanding Defects
Not all construction problems are created equal. Some are obvious right away, while others take years to reveal themselves. Florida law classifies these issues into two main categories:
Patent Defects: These are easy-to-spot problems. Think of crooked door frames, peeling paint, or uneven flooring. You can usually see these defects right after construction finishes.
Latent Defects: These are trickier. Latent defects are hidden and might not show up until long after you’ve moved in. Examples include leaks from poorly installed plumbing, electrical wiring that isn’t up to code, or foundation issues that lead to structural damage.
Some defects are just annoying. Others can make a home unsafe or unlivable. But regardless of whether the issue seems small or big, you don’t have to handle it alone. Florida law provides a clear process to get these problems fixed—or to get compensation if they’re beyond repair.
The First Step: Giving Contractors a Chance to Make It Right
Let’s say you’ve found a serious defect. Your first instinct might be to sue the builder, but Florida law says, “Not so fast.” Before filing a lawsuit, you must follow the 558 Notice Provision, a rule designed to encourage repairs and settlements without the stress of court.
Here’s how it works:
First, you send a written notice to the contractor, builder, or developer. This notice describes the defects and how they affect your property. But timing matters—Florida law says you must give this notice at least 60 days before filing a lawsuit. If you’re part of a homeowners' association representing more than 20 homes, that window extends to 120 days.
Once the notice is sent, the ball is in the contractor’s court. They have time to inspect the property and figure out what went wrong. Then, they have a few options:
They might offer to fix the defect at no cost to you.
They could offer a financial settlement so you can hire someone else to make the repairs.
Or, they might deny responsibility altogether.
If the contractor offers a fair solution, great! You may be able to avoid court. But if they refuse to act or their offer doesn’t cover the damage, that’s when legal action becomes necessary.
Why This Step Matters: Skipping this notice process can get your case thrown out. Florida courts take these rules seriously. An attorney can ensure your notice meets all the legal requirements and is sent on time.
How an Attorney Makes the Process Easier
Even though the process sounds straightforward, construction defect claims can get complicated fast. Builders often have their own attorneys ready to defend them. Insurance companies may also get involved, adding more layers to the process.
This is where having a knowledgeable attorney on your side makes a difference. Here’s how they help:
Meeting Deadlines and Legal Requirements: The 558 Notice Provision has strict timelines. Miss a deadline, and you might lose your chance to file a lawsuit. Attorneys ensure you stay on track.
Investigating the Problem: Sometimes, it’s not obvious what caused the defect. Attorneys can bring in experts—like engineers or building inspectors—to find out exactly what went wrong and who’s to blame.
Negotiating with Builders and Insurers: The best outcome is often getting the repairs done or reaching a fair settlement without going to court. Attorneys handle negotiations and push for a resolution that works for you.
Filing a Lawsuit if Necessary: If the contractor refuses to do the right thing, your attorney will take the case to court and fight for the compensation you deserve.
Handling Insurance Claims: Builders often have insurance to cover these situations. Your attorney can deal with the insurers, ensuring you get paid when you should.
Bottom Line: A good attorney simplifies the process. They handle the legal details while you focus on getting your property back in shape.