How Do I Make a Claim on a Construction Defect in Florida?


If you’ve recently noticed a construction defect on your property, you’re most likely wondering who is liable, and whether you’re entitled to file a claim to rectify the issue. Please continue reading and reach out to the seasoned Florida construction attorneys here at Ansbacher Law to learn more about construction defect claims and how our legal team can help guide you through the process of filing one. Here are some of the questions you may have:

What Constitutes a Construction Defect in Florida?

A construction defect encompasses a broad range of issues that can arise from inadequate design, material, or workmanship. Under Florida law, these defects might not be immediately apparent. Time reveals most defects, often through damage or operational failure. Chapter 558, Florida Statutes, specifically addresses construction defects, outlining a necessary pre-suit process for property owners.

How Do I Initiate a Construction Defect Claim?

Initiating a claim involves several steps, each critical to the process. The first step is to provide written notice to the contractor, subcontractor, supplier, or design professional responsible for the defect. This notice must be given at least 60 days before filing a lawsuit for residential properties and 120 days for commercial properties. The notice should detail the specific defect(s), providing the accused party an opportunity to inspect the property and identify the issue themselves.

Following the notice, the contractor (or other responsible party) has the option to offer a remedy, which might include repair, payment, or a combination thereof. Negotiations can be complicated, necessitating patience and strategic communication; should these negotiations fail, litigation becomes an inevitable next step.

It’s important to hire an attorney from the outset, as their knowledge of these processes is invaluable. Additionally, a lawyer can also ensure adherence to all relevant statutes, including the strict timelines mandated by Chapter 558.

What Can I Expect After Filing a Claim?

The outcome of a construction defect claim can vary widely, depending on numerous factors. Litigation might result in a settlement, repair, compensation, or, in some cases, a trial. Throughout this phase, maintaining detailed records of all communications and damages is essential. These documents become critical evidence, supporting your claim’s validity and severity.

Financial compensation might cover the cost of repairs, reduction in property value, and, in certain cases, legal fees. However, the path to obtaining this compensation is often complex. The defending parties may challenge the claim’s validity, necessitating a strong legal strategy and comprehensive evidence.

If you have further questions or you believe you have a valid construction defect claim, please don’t hesitate to contact Ansbacher Law today.