When Can a Contractor Be Sued for Construction Defects in Florida?

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When Can a Contractor Be Sued for Construction Defects in Florida?

When Can a Contractor Be Sued for Construction Defects in Florida?

By St. Johns Law Group – Construction Law Attorneys | St. Augustine, FL

Florida’s construction boom has brought with it a wave of defect disputes between homeowners, developers, and contractors. If your home or commercial property has cracking stucco, roof leaks, water intrusion, or code violations, you may be wondering: Can I sue the contractor who built or remodeled my property?

At St. Johns Law Group, our construction attorneys help clients throughout St. Augustine, Ponte Vedra, Nocatee, and Palm Coast pursue or defend claims involving poor workmanship and construction defects.

What Is a Construction Defect?

A construction defect is a condition that negatively affects the value, habitability, or safety of the property. Defects may result from poor workmanship, defective materials, or a failure to comply with building codes or approved plans.

Examples Include:

  • Water intrusion through windows or stucco

  • Foundation cracks and soil settlement

  • Mold or rot from improper flashing or waterproofing

  • HVAC, electrical, or plumbing failures

  • Defective roof systems

Defects may be patent (visible) or latent (hidden and discovered later). If left unresolved, they can result in expensive repairs and legal liability.

Legal Grounds to Sue a Contractor in Florida

Florida law allows property owners to sue contractors under several legal theories, including:

1. Breach of Contract

Failure to perform work as agreed, abandonment of the job, or substitution of inferior materials.

2. Negligent Construction

Work performed below industry standards that causes damage or safety issues.

3. Building Code Violations

Failing inspections, performing unpermitted work, or not adhering to approved plans.

4. Breach of Warranty

Especially for new homes, there may be implied warranties for habitability and workmanship.

5. Fraud or Misrepresentation

Concealing known issues, forging inspection results, or misleading property owners.

Statutes of Limitation & Repose in Florida

Time is critical in construction defect claims:

  • 4 years from the date the defect is discovered or should have been discovered

  • 5 years from the contract breach

  • 10 years from the date of substantial completion (Statute of Repose), even if the defect is latent

These potential time limits are governed by Florida Statutes § 95.11 and § 95.031. Contact us early to protect your claim before deadlines expire.

The Role of Chapter 558 – Pre-Suit Notice

Before suing for construction defects, you may be required to comply with Florida’s Chapter 558 pre-suit notice process. This law requires you to:

  • Provide a written 558 Notice of Claim

  • Give the contractor a chance to inspect and repair the defect

  • Wait the required time (60–120 days) before filing suit

This process can lead to resolution without litigation—but it must be handled properly. Our firm handles 558 notices from both the property owner and contractor perspectives.

Can I Sue a Subcontractor or Developer?

Yes. Depending on the nature of the defect, you may have claims against:

  • Subcontractors (e.g., roofers, framers, electricians)

  • Developers or HOA-controlled entities

  • Engineers and architects

  • Suppliers of defective materials

We conduct thorough investigations to determine who is legally responsible and pursue all potential avenues for recovery or defense.

Construction Litigation Support at St. Johns Law Group

We represent homeowners, builders, investors, developers, and HOAs in all phases of:

Whether you’re pursuing a claim or defending against one, our attorneys provide dedicated and responsive service® across Northeast Florida.

Areas We Serve

Our construction law practice serves clients in:

  • St. Augustine

  • St. Augustine Beach

  • Ponte Vedra & Ponte Vedra Beach

  • Nocatee

  • Palm Coast

  • St. Johns, Flagler, Duval, and Clay Counties

📞 Schedule a Consultation Today

If you’ve discovered a defect in your home or building, don’t wait. Let the construction law team at St. Johns Law Group help you evaluate your legal options and protect your investment.

📱 Call: (904) 495-0400
📧 Email: info@sjlawgroup.com
🌐 Visit: www.sjlawgroup.com