Breach of Warranty in Florida Construction
Construction warranty claims in Florida arise when contractors or builders deliver work that fails to meet express contractual warranties or implied standards of quality and habitability.
Express and Implied Warranties
Express warranties are specific promises about materials, workmanship, and performance in the construction contract. Florida also implies a warranty of habitability for new residential construction, requiring the home to be built in a workmanlike manner and suitable for habitation. This implied warranty covers latent defects not discoverable through reasonable inspection at closing.
Statute of Limitations
Florida imposes a four-year limitation period from discovery of latent defects and a 10-year statute of repose from completion under Section 95.11(3)(c). The Chapter 558 notice and cure process requires the owner to provide 60-day written notice to the contractor before filing suit, giving the contractor an opportunity to inspect and offer repairs.
Related Terms
Barnes Walker Litigation
Barnes Walker handles construction warranty disputes throughout Southwest Florida. Contact us for construction law guidance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC