Comprehensive guide to pursuing construction defect claims in Florida, including Construction Lien Law (F.S. Ch. 713), DBPR licensing complaints, and the mandatory pre-suit notice requirements under F.S. 558.
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⚖ Florida Construction Defect Law Overview
Florida's construction defect framework involves multiple statutes that protect homeowners and property owners while also providing contractors with specific procedural rights. Understanding these laws is essential before sending a demand letter or filing suit.
📚 Key Florida Construction Statutes
Several Florida statutes govern construction defect claims:
F.S. Chapter 713 - Construction Lien Law
Governs mechanics liens, contractor payments, notice requirements, and lien enforcement. Protects both contractors' right to payment and property owners from improper liens.
F.S. Chapter 558 - Construction Defect Notice and Cure
Mandatory pre-suit notice requirements. Property owners must notify contractors of defects and allow opportunity to inspect and repair before filing lawsuit.
F.S. 95.11(3)(c) - Statute of Limitations
4-year statute of limitations for construction defect claims from discovery of defect. 10-year statute of repose from substantial completion of the improvement.
F.S. Chapter 489 - Contractor Licensing
Requires state licensing for contractors. Unlicensed contractor work can void contract enforceability and trigger additional remedies for property owners.
Florida's Modified Comparative Negligence
As of March 2023, Florida follows a modified comparative negligence standard. If the property owner is found more than 50% at fault (such as for improper maintenance or unauthorized modifications), they are barred from recovery. This applies to construction defect cases where the owner's actions may have contributed to the damage.
💡 DBPR Licensing Verification
Before hiring or pursuing claims against a contractor, verify their license status with Florida's Department of Business and Professional Regulation (DBPR). Visit myfloridalicense.com to check license status, insurance requirements, and any disciplinary history. Unlicensed contractors face criminal penalties and cannot enforce contracts in court.
Florida Building Code Compliance
Florida has adopted the Florida Building Code, which is based on the International Building Code with Florida-specific amendments. Construction must comply with:
Florida Building Code (Residential & Commercial) - Structural, electrical, plumbing, and mechanical requirements
Florida Fire Prevention Code - Fire safety and prevention standards
Florida Energy Conservation Code - Energy efficiency requirements
Local Amendments - County and municipal modifications to state codes
High-Velocity Hurricane Zone (HVHZ) Requirements - Enhanced standards for Miami-Dade and Broward Counties
⚠ Critical Deadline Alert
Florida's 10-year statute of repose is absolute - no construction defect claim can be filed more than 10 years after substantial completion, even if the defect wasn't discoverable. Some latent defects may not manifest until years after construction. Document any issues promptly and consult an attorney immediately if you're approaching either deadline.
🛠 Types of Construction Defects
Construction defects in Florida fall into several categories, each with different liability implications and evidence requirements.
🏠 Structural Defects
Defects affecting the structural integrity of the building:
Foundation cracks, settling, or failure
Roof truss or framing deficiencies
Load-bearing wall problems
Concrete spalling or deterioration
Hurricane strap and tie-down failures
Post-tension cable issues
💧 Water Intrusion Defects
Florida's climate makes water intrusion particularly damaging:
Roof leaks and improper flashing
Window and door installation failures
Stucco and exterior coating defects
Waterproofing membrane failures
Improper grading and drainage
Balcony and deck waterproofing issues
⚡ Mechanical & Systems Defects
HVAC sizing and installation errors
Electrical code violations
Plumbing leaks and improper connections
Fire sprinkler system deficiencies
Pool equipment and plumbing failures
Elevator and escalator defects
Common Causes of Construction Defects
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Design Deficiencies
Architect or engineer errors in plans and specifications
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Poor Workmanship
Substandard construction practices or untrained workers
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Defective Materials
Substandard or inappropriate materials for Florida's climate
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Code Violations
Failure to comply with Florida Building Code requirements
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Inadequate Supervision
Lack of proper quality control during construction
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Environmental Factors
Failure to account for Florida's humidity, salt air, and storm exposure
🔍 Expert Inspection Recommendation
For any significant construction defect claim in Florida, obtain an inspection from a licensed professional engineer (P.E.) or registered architect. Their written report will be crucial for quantifying damages, establishing causation, and meeting the specificity requirements of F.S. 558 pre-suit notice.
📜 Florida Pre-Suit Notice Requirements (F.S. 558)
Florida law requires property owners to follow specific pre-suit procedures before filing a construction defect lawsuit. Failure to comply can result in dismissal or abatement of your case.
⚠ Mandatory Pre-Suit Notice
Under F.S. 558, you MUST provide written notice to the contractor and allow time for inspection and response before filing suit. Skipping this step can result in your lawsuit being stayed or dismissed.
Chapter 558 Timeline
Step 1: Written Notice to Contractor
Send detailed written notice describing each defect with reasonable specificity. Include location, nature of defect, and known or suspected cause. Serve via certified mail or personal service.
Step 2: Contractor Response (30 Days)
Contractor must respond within 30 days for residential or 45 days for commercial projects, indicating intent to inspect and proposing inspection date/time.
Step 3: Property Inspection
Property owner must allow reasonable access for inspection. Contractor may perform destructive testing if they agree to repair damage. Both parties may have experts present.
After inspection, contractor must serve written response offering: (a) monetary settlement, (b) repair proposal, (c) combination of money and repairs, or (d) dispute of claim.
Step 5: Owner Response (15 Days)
Owner must accept or reject offer within 15 days for residential or 25 days for commercial. If rejected or no response, owner may proceed with lawsuit.
Step 6: Filing Lawsuit
After completing the Chapter 558 process, owner may file suit. Total pre-suit period: approximately 60 days (residential) or 120 days (commercial).
📄 Required Notice Contents
Your F.S. 558 notice must include:
Property address and legal description
Name and address of property owner
Description of each claimed defect with reasonable specificity
Location of defect within the property
Any known or suspected cause
Observed damage resulting from defect
Statement that this is a notice pursuant to F.S. Chapter 558
✅ Benefits of Chapter 558 Process
While the pre-suit process may seem like a delay, it often results in faster resolution. Contractors face increased liability if they reject reasonable settlement offers. The process creates a record showing good faith efforts at resolution, which can influence court decisions on attorney fees.
DBPR Complaint Process
In addition to civil remedies, you can file a complaint with DBPR against licensed contractors for:
Abandonment of project
Diversion of funds (using your money for other projects)
Incompetence or misconduct
Failure to honor warranty
Fraud or misrepresentation
Working without proper license
📞 DBPR Contact Information
Online: myfloridalicense.com/dbpr/complaints Phone: 850-487-1395 Email: Call.Center@myfloridalicense.com
DBPR can issue fines, suspend/revoke licenses, and order restitution to consumers.
💰 Damages & Recovery in Florida
Florida law allows recovery of various damages in construction defect cases. The measure of damages typically depends on whether the defect can be repaired or requires replacement.
💲 Recoverable Damages
Damage Type
Description
Cost of Repair
Reasonable cost to correct defective work, typically the primary measure of damages
Diminution in Value
Reduction in property value if repair is impossible or cost exceeds value reduction
Loss of Use
Rental value of property during repair period or while uninhabitable
Consequential Damages
Related costs: temporary housing, storage, damaged personal property
Interest
Prejudgment interest from date of breach under F.S. 687.01
Attorney Fees
Prevailing party fees under contract or F.S. 713.29 for lien-related claims
Sample Damage Calculation
Typical Residential Construction Defect Claim
Roof replacement due to improper installation: $35,000
Water damage repairs (interior): $12,500
Mold remediation: $8,000
Temporary housing (3 months @ $2,500): $7,500
Storage fees: $1,200
Personal property damage: $3,500
Engineering inspection/expert fees: $4,500
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TOTAL ECONOMIC DAMAGES: $72,200
Prejudgment interest (2 years @ 6.52%): $9,415
Estimated attorney fees: $25,000
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TOTAL CLAIM VALUE: $106,615
⚠ Betterment / Offset Rules
Contractors may argue for "betterment" offsets when repairs result in improvements beyond the original specifications (e.g., new 30-year roof replacing defective 20-year roof). Courts may reduce damages to account for the extended useful life of replacement materials.
Punitive Damages
Punitive damages are available in Florida construction defect cases where the contractor's conduct was:
Intentionally fraudulent
Grossly negligent showing reckless disregard
Involved knowing violations of building codes
Part of a pattern of similar conduct
Florida caps punitive damages at the greater of 3x compensatory damages or $500,000, with a $2 million cap for intentional misconduct.
💳 Recovery Against Contractor Bonds
Florida licensed contractors must maintain surety bonds. If the contractor is unresponsive or insolvent, you may be able to recover from the Construction Industries Recovery Fund (up to $50,000 per claimant) or directly from the contractor's surety bond. Contact DBPR for claim procedures.
📝 Florida Construction Defect Letter Templates
Use these templates as starting points for your construction defect demand letters. Customize with your specific facts and damages.
Chapter 558 Pre-Suit Notice (Residential)
[Your Name]
[Your Address]
[City, FL ZIP]
[Date]
VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
[Contractor Name]
[Contractor Address]
[City, FL ZIP]
RE: NOTICE OF CONSTRUCTION DEFECTS PURSUANT TO FLORIDA
STATUTES CHAPTER 558
Property: [Your Property Address]
Dear [Contractor Name]:
This letter constitutes formal notice pursuant to Florida Statutes
Chapter 558 of construction defects at the above-referenced property.
PROPERTY INFORMATION:
Owner: [Your Name]
Property Address: [Address]
Legal Description: [Lot/Block info if available]
Date of Substantial Completion: [Date]
Contract Date: [Date]
Contract Amount: $[Amount]
DESCRIPTION OF DEFECTS:
Defect 1: [Specific location, e.g., "Master bathroom, south wall"]
Nature: [Description of defect]
Suspected Cause: [If known]
Resulting Damage: [Description of damage]
Defect 2: [Continue for each defect...]
INSPECTION REQUEST:
Pursuant to F.S. 558.004, you have thirty (30) days from receipt
of this notice to serve written notice of your intent to inspect
the property. You must complete your inspection within the
timeframes specified in F.S. 558.004(3).
Following inspection, you have twenty-five (25) days to serve a
written response offering: (a) a monetary settlement; (b) a repair
proposal; (c) a combination of monetary and repair offer; or (d)
a statement disputing the claim.
RESERVATION OF RIGHTS:
This notice is provided pursuant to statutory requirements and
does not waive any claims or defenses. If the Chapter 558 process
does not resolve this matter, I reserve the right to pursue all
available legal remedies including court action to recover the
cost of repairs, consequential damages, attorney fees, and costs.
Please direct all communications regarding this matter to:
[Your contact information or attorney information]
Sincerely,
[Your Signature]
[Your Printed Name]
Enclosures: [Photos, inspection reports, contract, etc.]
Settlement Demand Letter (Post-558 Process)
[Your Name or Attorney Name]
[Address]
[Date]
VIA CERTIFIED MAIL AND EMAIL
[Contractor Name]
[Address]
RE: DEMAND FOR SETTLEMENT - Construction Defects
[Property Address]
Dear [Contractor Name]:
I represent [Property Owner] regarding construction defects at
[Property Address]. Having completed the Chapter 558 pre-suit
process without satisfactory resolution, this letter constitutes
formal demand for compensation.
BACKGROUND:
On [Date], you contracted to perform [describe work] at the
subject property for $[Amount]. Your Florida contractor license
number is [Number]. The work was substantially completed on
[Date].
DEFECTS AND DAMAGES:
As documented in the Chapter 558 notice dated [Date] and
subsequent inspections, the following defects exist:
1. [Defect description] - Repair Cost: $[Amount]
2. [Defect description] - Repair Cost: $[Amount]
[Continue as needed]
Total Repair Costs: $[Amount]
Consequential Damages: $[Amount]
Loss of Use ([X] months @ $[Amount]): $[Amount]
Expert/Inspection Fees: $[Amount]
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TOTAL DAMAGES: $[Amount]
DEMAND:
Demand is hereby made for payment of $[Amount] within twenty
(20) days of this letter. This demand includes consideration of
my client's attorney fees incurred to date.
CONSEQUENCES OF NON-PAYMENT:
If this matter is not resolved, my client will file suit seeking:
- All damages described above
- Prejudgment interest at the statutory rate
- Attorney fees and costs as prevailing party
- DBPR complaint for license discipline
- Consumer fraud claims if applicable
Please contact me immediately to discuss resolution.
Very truly yours,
[Signature]
[Name]
Florida Bar No. [Number]
DBPR Complaint Cover Letter
[Your Name]
[Address]
[Phone]
[Email]
[Date]
Florida Department of Business and Professional Regulation
Complaint Intake Unit
1940 North Monroe Street
Tallahassee, FL 32399-0783
RE: COMPLAINT AGAINST LICENSED CONTRACTOR
Contractor: [Name]
License No.: [Number]
Subject Property: [Address]
Dear DBPR Complaint Unit:
I am filing this complaint against [Contractor Name] for
violations of Florida Statutes Chapter 489 relating to
construction contracting.
CONTRACTOR INFORMATION:
Name: [Full legal name]
Company: [Company name]
License Number: [Number]
Address: [Address]
Phone: [If known]
COMPLAINANT INFORMATION:
Name: [Your name]
Address: [Your address]
Phone: [Your phone]
Email: [Your email]
NATURE OF COMPLAINT:
[Check applicable violations]
[ ] Abandonment of project
[ ] Diversion of funds
[ ] Incompetence/negligence
[ ] Failure to honor warranty
[ ] Fraud/misrepresentation
[ ] Work without proper license/permits
STATEMENT OF FACTS:
[Detailed chronological description of events]
DAMAGES INCURRED:
$[Amount] - [Description]
RESOLUTION SOUGHT:
1. License discipline (suspension/revocation)
2. Restitution of $[Amount]
3. Administrative fine
SUPPORTING DOCUMENTATION ENCLOSED:
[List all attachments]
I certify that the information provided is true and accurate.
Signature: _______________________
Date: ___________________________
📝 Document Everything
Attach copies of: (1) Construction contract; (2) All change orders; (3) Payment records; (4) Photos/videos of defects; (5) Inspection reports; (6) Prior correspondence; (7) Repair estimates from licensed contractors; (8) Engineering reports if obtained.
⚖ Florida Construction Defect Attorney Services
Construction defect cases in Florida often require legal representation due to the complexity of building codes, the Chapter 558 pre-suit requirements, and technical evidence needed to prove causation and damages.
💼 When to Hire an Attorney
Significant Damages - Claims exceeding $15,000 typically justify legal fees
Complex Defects - Structural issues, water intrusion, or multi-system failures
Contractor Disputes - When contractor denies responsibility or files counterclaims
Lien Issues - Contractor has filed or threatened mechanics lien
Insurance Involvement - Dealing with contractor's liability insurer
Statute Concerns - Approaching 4-year limitation or 10-year repose deadlines
Large damage claims where client cannot pay upfront
Hybrid
Reduced hourly + %
Moderate claims balancing risk and cost
✅ Attorney Fee Recovery
Florida construction cases often allow the prevailing party to recover attorney fees. Under F.S. 713.29, attorney fees are recoverable in lien enforcement/defense actions. Most construction contracts also include prevailing party fee provisions. This means your attorney fees may be recoverable as part of your damages.
Florida has a 4-year statute of limitations for construction defect claims under F.S. 95.11(3)(c), running from when the defect was discovered or should have been discovered. However, there is a 10-year statute of repose under F.S. 95.11(3)(c) that bars claims more than 10 years after substantial completion, regardless of when defects are discovered.
Yes. Florida's Construction Defect Notice and Cure Law (F.S. 558) requires property owners to provide written notice to contractors at least 60 days before filing a lawsuit for residential construction defects, or 120 days for commercial projects. The contractor has the right to inspect the property and propose repairs.
File a complaint with Florida's Department of Business and Professional Regulation (DBPR) online at myfloridalicense.com or call 850-487-1395. You can report unlicensed activity, abandonment, incompetence, or fraud. DBPR can suspend or revoke licenses and order restitution to consumers.
Florida's Construction Lien Law (F.S. Chapter 713) governs mechanics liens and contractor payments. If you've paid in full but received defective work, the contractor cannot place a lien. However, if there's a payment dispute, the contractor may file a lien against your property within 90 days of final work. Counter-claims for defects can offset lien amounts.
Yes, in most cases. Florida follows the 'prevailing party' doctrine in construction contracts, meaning the winner typically recovers attorney fees. F.S. 713.29 specifically allows attorney fee recovery in lien actions. Many construction contracts also include fee-shifting provisions that apply to breach claims.
Recoverable damages in Florida include cost of repair or replacement, diminution in property value, loss of use damages, consequential damages (temporary housing, storage), interest from date of breach, and attorney fees. Punitive damages may be available if the contractor engaged in fraud or intentional misconduct.