Construction-Defect Litigation

When your home was not built the way it should have been.

Representing homeowners and community associations against builders, developers, and contractors for stucco failures, water intrusion, structural defects, and building-code violations.

What this covers

What to expect

A builder who holds the permit for a home generally bears a non-delegable duty to supervise its construction properly — including the work of subcontractors. That means a builder often cannot avoid responsibility for defective work simply because a subcontractor performed it.

Construction-defect claims usually begin with a statutory pre-suit process: written notice of the claimed defects, an opportunity for the builder to inspect, and a chance to respond or offer repairs before a lawsuit is filed. Many claims resolve or narrow at this stage; those that do not proceed to litigation or, where the purchase agreement requires it, arbitration.

These cases turn heavily on engineering and cost-of-repair expert evidence, developed and tested throughout the matter.

Time limits are strict. Florida requires written pre-suit notice of the claimed defects under Chapter 558, with an inspection window and a chance for the contractor to respond or offer repairs, before a lawsuit can be filed — and current law generally allows 7 years, running from the earliest of a few construction milestones — a temporary certificate of occupancy, the certificate of occupancy, or a certificate of completion — to bring a claim. These trigger dates and windows can be more favorable than homeowners assume — do not assume you are too late to find out.

For homeowners — Failing or cracking stucco: what Florida homeowners need to know  ·  Is my home too old to bring a claim? Construction-defect deadlines for homeowners

For attorneys & professionals — how these deadlines actually work, and the trap that catches even careful counsel: A Chapter 558 notice does not stop the repose clock  ·  Repose vs. limitations  ·  Documenting construction defects (for inspectors)  ·  What public records can and can't tell you about a builder

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