Implied Warranties in Florida New Construction
Florida law provides multiple layers of implied warranty protection for buyers of newly constructed buildings. These warranties arise by operation of law from the builder-buyer relationship and exist independently of any express warranty in the construction contract.
The Three Implied Warranties
- Habitability: The building must be fit for occupancy, structurally sound, and free from material defects (Gable v. Silver, 1972)
- Fitness for particular purpose: The construction must be suitable for the specific use contemplated by the parties
- Workmanlike manner: Construction must follow industry standards and accepted building practices
Express vs. Implied Warranties
Most Florida builders provide express limited warranties alongside the implied protections:
- Express warranties define specific coverage periods (e.g., 1-year workmanship, 2-year systems, 10-year structural)
- Implied warranties provide a broader safety net for defects not covered by the express warranty
- Express warranties supplement but generally do not replace implied warranties under Florida public policy
- Third-party warranty programs (2-10 Home Buyers Warranty, StrucSure) add independent coverage
Chapter 558 Pre-Suit Process
Florida requires a mandatory pre-suit procedure before filing construction defect claims:
- Notice of claim: Claimant serves written notice describing each defect
- Response: Builder has 15 days to respond in writing
- Inspection: Builder has 30 days to inspect the property
- Offer: Within 45 days, builder must offer repair, settlement, or dispute the claim
- Litigation: If unresolved, claimant may file suit in circuit court
Warning: Failure to follow the Chapter 558 process can result in dismissal of the lawsuit.
Time Limits
- 4-year statute of repose from substantial completion for most defects
- 10-year outer limit for latent structural defects
- Statute of limitations begins when the defect is discovered or should have been discovered
Related Terms
- Implied Warranty — General warranty law
- Implied Warranty of Habitability — Habitability standard
- Implied Warranty of Fitness — Fitness for purpose
- Construction Defect — Defective building work
Barnes Walker Construction Law
Barnes Walker’s attorneys navigate the Chapter 558 process and litigate construction warranty claims for homebuyers and developers in Manatee and Sarasota counties. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC