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Construction Defects

Construction Defects

The Dear Law Firm in Orlando has extensive experience in Florida construction defect claims. If you are an owner experiencing defective construction, poor work product, or a breach of contract, or you are a contractor defending against a claim of defective construction, pursuing nonpayment, or are responding to a Chapter 558 Notice, please contact us to review your case.

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Florida Construction Defect Statute of Limitation

A statute of limitation is the time period within which a civil lawsuit must be brought. In the construction defect context this period is four years for defects related to improvements to real property.

However, defects in the design are subject to a two year statute of limitations and a lawsuit must be filed within that time period.

If a construction or design defect is unknown to the owner, these periods can be extended up to ten years, but no in no event longer than the statute of limitations period if the owner knew or should have known of the existence of the defect.

 

Florida 558 Notice

Before bringing a claim for construction defect, an owner must serve a statutory notice on any person liable for the defects. This notice is commonly called a 558 notice. In the 558 notice a claimant must identify the defective construction and allow a period of time, most often 60 days, for the person liable for the defect to inspect the property, notify any subcontractors or material suppliers liable for the defect, and offer to make a repair, offer a financial settlement to satisfy the repair costs, or refuse to do so.

 

Construction Defect Insurance

In some cases defects in design or construction can be covered by the contractor, design professional, or supplier’s insurance policy. The purpose of insurance coverage in this scenario is to pay the cost to repair the damage to adjacent property damaged by the defect. You should obtain a thorough review early of your claim by an attorney who understands the relationship between construction defect and insurance coverage.