Implied Warranty of Fitness in Florida Construction
The implied warranty of fitness is a legal guarantee that a newly constructed building will be reasonably suitable for its intended use. Established by the Florida Supreme Court in Gable v. Silver (1972), this warranty provides buyers with protection against material construction defects independent of any express warranty in the building contract.
Scope of the Warranty
- Residential: The home must be habitable, structurally sound, code-compliant, and free from material defects in workmanship and materials
- Commercial: The building must be suitable for the specific commercial purpose contemplated by the parties at the time of construction
- Condominiums: The warranty applies to both individual units and common elements; the condominium association can enforce it for common element defects
Who Can Enforce
- Original purchaser: Direct claim against the builder
- Subsequent purchasers: Florida courts have extended the warranty to later buyers in some cases
- Condominium associations: Can enforce for common element defects on behalf of unit owners
- Claims against subcontractors: Available if the sub’s work caused the defect
Chapter 558 Pre-Suit Requirements
Before filing a construction defect lawsuit in Florida, Chapter 558 requires:
- Written notice of claim describing the defect
- 15-day response period for the contractor
- 30-day inspection period
- Offer to repair, settle, or dispute
If the pre-suit process does not resolve the dispute, the claimant may proceed to litigation.
Statute of Repose
Under Section 95.11(3)(c), Florida Statutes: 4 years from completion for most defects, with a 10-year outer limit for latent defects discovered after the initial period.
Related Terms
- Implied Warranty — General warranty principles
- Construction Defect — Defective building work
- Contract — Construction agreement terms
- Statute of Limitations — Time limits for claims
Barnes Walker Construction Litigation
Barnes Walker’s litigation attorneys represent homeowners, developers, and contractors in implied warranty of fitness disputes throughout Southwest Florida. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC