Builder Default during Construction

Definition: The failure of a builder or general contractor to complete a construction project according to the contract terms, including abandonment of the project, failure to pay subcontractors, substantial code violations, or material deviation from the plans and specifications.

Return to Glossary

Barnes Walker legal reference book
#ABCDEFGHIJKLMNOPQRSTUVWXYZ

Builder Default During Florida Construction

Builder default during Florida construction triggers contract remedies, bond claims, and regulatory options designed to protect property owners and ensure project completion.

Owner Remedies

Upon builder default, the Florida property owner can terminate the construction contract, claim against the performance bond (if available), hire a replacement contractor, and pursue damages for the additional cost of completion. The owner should document all deficiencies and preserve evidence before the replacement contractor begins work.

Pre-Suit Requirements

Chapter 558 requires 60-day written notice to the builder before filing construction defect litigation. This notice-and-cure process gives the builder an opportunity to inspect, offer repairs, or settle before court proceedings begin. The process applies to all construction defect claims in Florida, including builder default situations.

Related Terms

Barnes Walker Litigation

Barnes Walker handles construction default disputes throughout Southwest Florida. Contact us for construction law guidance.

Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC

Disclaimer: The information and opinions provided are for general educational, informational or entertainment purposes only and should not be construed as legal advice or a substitute for consultation with a qualified attorney. Any information that you read does not create an attorney-client relationship with Barnes Walker, Goethe, Shea & Robinson, PLLC, or any of its attorneys. Because laws, regulations, and court interpretations may change over time, the definitions and explanations provided here may not reflect the most current legal standards. The application of law varies depending on your particular facts and jurisdiction. For advice regarding your specific situation, please contact one of our Florida attorneys for personalized guidance.

Trust • Experience • Results

Ready to Get Started?

Contact our team for a consultation. We'll guide you through the process.

Legal Inquiry Title Inquiry