What Is a Construction Defect Litigation Attorney?

When a construction project goes wrong, the blame game begins almost immediately. The general contractor might point to a subcontractor, who in turn blames the architect’s design or the materials provided by a supplier. For a property owner, trying to untangle this web of responsibility is nearly impossible. This is the core challenge in these types of disputes and why specialized legal help is so critical. A construction defect litigation attorney does more than just file paperwork; they act as an investigator, coordinating with engineers and building experts to pinpoint the exact cause of the defect and identify every party at fault, ensuring that accountability lands where it belongs.

Key Takeaways

• Act Quickly to Protect Your Claim: Florida has strict deadlines for filing construction defect claims, and waiting can jeopardize your right to compensation. As soon as you suspect an issue, your first step should be to consult an attorney to understand your options.
• Hire a Specialist, Not a Generalist: These cases require deep knowledge of Florida’s building codes and construction practices. A successful outcome depends on an attorney with specific experience in construction litigation and access to a network of technical experts.
• Become Your Case’s First Detective: Your most powerful contribution is evidence. Before making any repairs, thoroughly document every defect with photos, videos, and detailed notes to provide your legal team with the strongest possible foundation for your claim.

What Is a Construction Defect Litigation Attorney?

Discovering a major flaw in your newly constructed or renovated property is more than just a headache—it can be a significant financial and emotional burden. When you’re facing issues like a leaky roof or a cracked foundation, a construction defect litigation attorney is the professional you need in your corner. They specialize in the complex area of law that deals with poor workmanship and faulty building materials, helping property owners hold the right people accountable.

What They Do and Why It Matters

A construction defect attorney is your advocate in a complicated process. Their job is to investigate the problem, identify who is responsible—whether it’s the builder, a subcontractor, or the material supplier—and fight for the compensation you need to make things right. These cases often fall into a few main categories, including design flaws, material failures, and shoddy workmanship. An experienced attorney understands Florida’s specific real estate laws to build a strong case on your behalf. They handle everything from filing the initial claim and negotiating with the responsible parties to representing you in court if a fair settlement can’t be reached. Ultimately, they work to ensure you aren’t left paying for someone else’s mistakes.

Signs You Might Need One

It’s not always obvious when a problem is a true construction defect versus normal wear and tear. However, certain red flags should prompt you to seek legal advice right away. Common signs include persistent water intrusion or leaks, significant cracks in your foundation or walls, faulty electrical wiring, and improperly installed roofing that fails long before it should. If you notice these or other serious issues, especially in a newer building, it’s crucial to act quickly. Florida has strict deadlines for filing construction defect claims, and waiting too long can prevent you from recovering anything. If you suspect your property has a defect, the best first step is to contact an attorney to understand your rights and options.

Common Construction Defects an Attorney Can Handle

Construction defects can range from minor annoyances to major structural failures that put your safety and investment at risk. They often fall into a few key categories, and identifying which one you’re dealing with is the first step toward a resolution. A skilled attorney can help you navigate these issues, whether the problem was caused by a poor design, faulty materials, or simply bad workmanship. Understanding these common types of defects will help you spot potential problems with your property and know when it’s time to seek legal advice.

Foundation and Structural Problems

Few things are more alarming than discovering a problem with your property’s foundation. These issues are serious and can threaten the entire structure. Common signs include significant foundation cracks, uneven floors, or doors and windows that no longer close properly. These defects can stem from poor soil preparation, improper concrete mixing, or a flawed structural design. An experienced real estate litigation attorney can coordinate with structural engineers to investigate the root cause, document the extent of the damage, and build a strong case to hold the responsible parties accountable for the costly repairs.

Leaks, Mold, and Water Damage

In Florida, water intrusion is a particularly damaging and common construction defect. Leaks from improperly installed roofing, poorly sealed windows, or faulty plumbing can lead to widespread problems. Beyond the initial water damage, this moisture creates the perfect environment for mold growth, which can cause health issues and require expensive remediation. An attorney can help you trace the source of the water intrusion, which is often a complex task, and ensure that your claim covers all related damages, from structural repairs to mold removal and replacing ruined personal property.

Building Code and Safety Violations

Building codes are in place to ensure that homes and commercial properties are safe for occupants. When contractors cut corners and violate these codes, they create serious hazards. Examples include faulty electrical wiring that poses a fire risk, inadequate ventilation systems, or structural elements that don’t meet safety standards. These aren’t just technicalities; they are breaches of the builder’s legal duty. A construction defect lawyer can identify these violations and use them as powerful evidence to demonstrate negligence and liability on the part of the builder or designer.

Shoddy Workmanship and Faulty Materials

Sometimes, a defect isn’t about the design but about the execution. Shoddy workmanship covers a wide range of issues, from improperly installed flooring that buckles to sloppy paint jobs and poorly fitted cabinetry. Similarly, a builder may use substandard materials that fail long before they should, like cheap siding that warps or windows that leak. These issues often constitute a breach of contract or warranty. A business litigation attorney can help you prove that the quality of the work or materials did not meet the standards promised in your agreement, ensuring you get the quality you paid for.

What to Look For in a Construction Defect Attorney

Finding the right attorney can feel like a monumental task, especially when you’re already dealing with the stress of a faulty building. But choosing the right legal partner is the single most important step you can take to protect your investment. Not all lawyers have the specific skills needed for these complex cases. You need someone who lives and breathes construction law, not just a general practitioner who dabbles in it.

The ideal attorney is part detective, part negotiator, and part courtroom warrior. They understand the technical side of construction—how buildings are supposed to be put together—and the intricate legal framework that governs it. They know how to investigate a defect, identify the responsible parties (from contractors to architects to materials suppliers), and build a case that stands up to scrutiny. This search is about finding a specialist who can guide you through every stage of the process, from filing initial notices to fighting for you at trial if necessary. Think of it as hiring a master craftsperson for a critical job; you want someone with the right tools, experience, and a proven history of getting results.

Proven Experience in Construction Law

When you’re looking for a construction defect attorney, their experience in this specific field is paramount. A solid background in construction law means the attorney is already familiar with the complex contracts, insurance policies, and state statutes that will shape your case. They won’t be learning on the job. They’ll know the common tactics that developers and contractors use to avoid liability and, more importantly, how to counter them. This specialized experience ensures they can accurately assess your claim, anticipate challenges, and develop a strategy tailored to the unique facts of your situation from day one.

Deep Knowledge of Florida Building Codes

Florida has some of the most stringent building codes in the country for a reason—hurricanes, humidity, and intense sun are all part of the package. An effective construction defect attorney must have a deep understanding of these specific codes and regulations. This knowledge is critical for proving that a defect is not just a minor imperfection but a clear violation of state or local building standards. Whether it’s improper window installation that leads to water intrusion or a structural flaw that violates wind-load requirements, an attorney’s expertise in Florida’s real estate laws and building codes is essential for building a strong, evidence-based case.

Sharp Negotiation and Courtroom Skills

Many construction defect cases are resolved through negotiation long before they reach a courtroom. That’s why you need an attorney with exceptional negotiation skills who can effectively argue your case with developers, contractors, and their insurance companies to reach a fair settlement. However, you also need a lawyer who isn’t afraid to take your case to trial if a reasonable agreement can’t be reached. The best attorneys are skilled in both negotiation and courtroom advocacy, and their readiness to litigate often convinces the other side to offer a better settlement. Our team of experienced attorneys is prepared for either path.

A Strong Track Record of Success

Past performance is often the best predictor of future results. As you vet potential attorneys, look for a strong and verifiable track record of success in handling cases similar to yours. Ask about their experience with the type of defect you’re facing, whether it’s a leaky roof, a cracked foundation, or faulty electrical work. A successful history shows that the attorney not only understands the law but also knows how to apply it to get real, meaningful results for their clients. Don’t hesitate to ask for details about their past cases and how they’ve helped homeowners and businesses recover the compensation they deserved.

How to Choose the Right Attorney for Your Case

Finding the right legal partner is one of the most critical steps you’ll take. The attorney you choose can significantly influence the outcome of your claim, so it’s worth taking the time to vet your options carefully. Think of it like an interview where you’re the one in the hiring seat. To find the best fit, focus on four key areas: their specific experience, their professional network, their reputation, and your personal rapport. Asking the right questions upfront will help you find a lawyer who not only understands your case but also makes you feel confident and supported.

Do They Have Experience with Defects Like Yours?

Experience is the single most important factor when you’re looking for a construction defect attorney. But it’s not enough for them to just have general “construction law” experience. You need someone with a proven track record in handling cases similar to yours. A defect involving a faulty foundation in a new build is very different from a mold issue caused by a leaky roof in a condominium. When you meet with a potential attorney, ask them directly about their experience with your specific problem. Have they litigated cases involving this type of material failure or building code violation before? Their familiarity with the nuances of your situation will be a major asset. The right real estate litigation team will have seen it all.

Can They Access Top-Tier Experts and Inspectors?

Construction defect cases are rarely won on legal arguments alone; they are built on solid evidence from credible experts. Your attorney needs a strong network of qualified professionals, like structural engineers, general contractors, and water intrusion specialists. These experts are essential for inspecting the defect, determining the cause, estimating repair costs, and providing compelling testimony. A well-connected attorney can assemble the right team to build an undeniable case. During your consultation, ask about the experts they typically work with. An experienced firm will have established relationships with top-tier professionals, showing they have the resources ready to support your claim from day one. The strength of your legal team often depends on the attorneys and the experts they bring to the table.

What Do Their Past Clients Say?

An attorney’s past performance is a good indicator of your future experience. Before making a decision, take some time to research what former clients have to say. Look for online reviews, testimonials, and case results. While every case is unique, client feedback can offer valuable insights into an attorney’s professionalism, responsiveness, and ability to deliver on their promises. A consistent pattern of positive reviews highlighting strong communication and successful outcomes is a great sign. Don’t be afraid to ask the firm for references. A confident attorney with a proven track record should be happy to connect you with past clients who can speak to their experience and the results they achieved.

Is Their Communication Style a Good Fit?

Legal proceedings can be long and stressful, so it’s vital to work with an attorney you can communicate with effectively. You need a lawyer who not only listens to your concerns but also explains complex legal matters in a way you can understand. Pay close attention during your initial consultation. Do they answer your questions directly? Are they patient and respectful? A good attorney-client relationship is a partnership built on trust and clear communication. You should feel comfortable reaching out with questions and confident that you’ll receive timely updates on your case. If you feel rushed or dismissed from the very beginning, it might not be the right fit. The first step is to start a conversation and see how it feels.

Common Challenges in a Construction Defect Claim

Discovering a defect in your property can feel overwhelming, and the path to making things right often comes with its own set of hurdles. Pursuing a construction defect claim isn’t always straightforward, as it involves technical details, complex laws, and multiple parties. Understanding these potential challenges from the start can help you prepare for the road ahead and see why having an experienced guide is so important. From figuring out who dropped the ball to managing the stress of it all, here are the common obstacles you might face.

Pinpointing Who Is at Fault

A single construction project involves a long list of professionals and trades. When something goes wrong, it can be tough to determine who is truly responsible. The general contractor might blame the subcontractor, who could point to a faulty design from the architect or defective materials from a supplier. This chain of responsibility can get tangled quickly, with each party trying to shift the blame. An experienced business litigation attorney knows how to investigate the project from top to bottom, review contracts, and follow the evidence to identify the liable parties and hold them accountable.

Making Sense of Complex Construction Laws

Florida’s construction laws are intricate and filled with specific procedures and deadlines that you must follow. For instance, there are strict pre-litigation notice requirements you have to meet before you can even file a lawsuit. There are also statutes of limitation and repose, which are firm deadlines for bringing a claim. If you miss one of these critical steps or deadlines, you could lose your right to recover any compensation. A lawyer who specializes in Florida real estate law understands these rules inside and out and can make sure your case is built on a solid legal foundation.

Proving Your Case with Solid Evidence

It’s not enough to know a defect exists; you have to prove it. A successful claim requires solid evidence showing that a defect is present, that a specific party is responsible for it, and that you have suffered actual damages as a result. This involves much more than just taking a few photos. You’ll need detailed reports from building inspectors, engineers, or other construction experts. You also need to document all your repair costs, any loss in property value, and other related expenses. An attorney helps gather this crucial evidence and presents it in a clear, compelling way that builds a strong case on your behalf.

Managing the Financial and Emotional Toll

Dealing with a construction defect is incredibly stressful. Beyond the financial strain of paying for inspections and unexpected repairs, there’s the emotional weight of living or working in an unsafe or damaged property. Issues like water intrusion can lead to mold and potential health risks, while structural problems create constant worry. The frustration of fighting for a resolution can disrupt your daily life and take a significant emotional toll. Having a dedicated legal team allows you to offload that burden. They handle the difficult communications and legal complexities, so you can contact an attorney and focus on moving forward.

The Construction Defect Litigation Process, Step-by-Step

Dealing with a construction defect claim can feel overwhelming, but it follows a clear, structured path. The process is designed to give both parties a chance to resolve the issue, starting with formal notices and moving toward litigation only if necessary. Knowing these steps can help you understand what to expect and how to prepare. Our real estate litigation attorneys are here to guide you through every phase, ensuring your rights are protected from start to finish. The goal is to make your property whole again, and it all begins with a few critical first steps.

Step 1: Evaluating Your Case and Documenting Defects

The moment you suspect a construction defect, the clock starts ticking. Florida law has strict deadlines, and missing one can jeopardize your entire claim, which is why it’s so important to get legal advice right away. Your first move should be to document everything you see. Take clear photos and videos of the cracks, leaks, or faulty materials from multiple angles. Keep a detailed log of when you noticed the problem and any communications you’ve had with the builder. This initial evidence is the foundation of your case, so be as thorough as possible. Think of yourself as a detective building a file for your attorney.

Step 2: Filing Notices and Following Pre-Litigation Rules

Before you can file a lawsuit in Florida, you must follow a specific pre-litigation process under a law known as Chapter 558. This involves sending a formal written notice to the builder, contractor, or designer responsible for the defect. This “Notice of Claim” describes the problem in detail. Once they receive it, the builder has the right to inspect the property to see the issue for themselves. They can then make a written offer to repair the defect, pay for the damages, or dispute your claim. This entire process is designed to encourage a resolution without ever stepping into a courtroom, saving everyone time and money.

Step 3: Gathering Evidence and Expert Opinions

While your initial photos are a great start, building a strong legal case requires more formal evidence. Your attorney will help you gather all the essential paperwork, including your construction contract, warranties, blueprints, and any emails or texts with the builder. This is also the stage where we bring in the experts. We work with trusted engineers, architects, and building inspectors who can conduct a thorough investigation. They will provide a professional report that identifies the cause of the defect, confirms it violates building codes or industry standards, and estimates the cost of repairs. This expert opinion is critical for proving your claim.

Step 4: Negotiating a Settlement or Preparing for Trial

With all the evidence and expert reports in hand, the next step is usually negotiation. Your attorney will present your case to the builder’s legal team and their insurance company to try and reach a fair settlement that covers your repair costs and other damages. Most construction defect cases are resolved at this stage. However, if the other side refuses to make a reasonable offer, we are fully prepared to take your case to trial. In court, we will fight to secure the compensation you deserve for repairs, loss of property value, and temporary living expenses if your home is uninhabitable. You can contact our team to get started.

Common Myths About Hiring a Construction Defect Attorney

When you discover a problem with your home or commercial property, the path forward can feel confusing. Unfortunately, a lot of common misconceptions about the legal process can stop property owners from getting the help they need. Believing these myths can be a costly mistake, potentially leaving you to foot the bill for someone else’s errors. Let’s clear up some of the biggest myths about hiring a construction defect attorney so you can make an informed decision and protect your investment.

Myth: “I can’t afford to hire a lawyer.”

This is one of the most common reasons people hesitate to call an attorney, and it’s completely understandable. The good news is that hiring a lawyer for a construction defect case is often more accessible than you think. Many construction law firms, including ours, handle these cases on a contingency fee basis. This means you don’t pay any attorney fees unless we successfully recover money for you. The fee is simply a percentage of the final settlement or award. This approach allows you to pursue your claim without a large upfront financial burden, leveling the playing field against big construction and insurance companies.

Myth: “I can handle this claim on my own.”

While the DIY approach is great for home projects, it’s risky when it comes to legal claims. Construction defect cases are incredibly complex, involving detailed contracts, state-specific building codes, and strict legal procedures. An experienced attorney knows how to gather the right evidence, hire credible experts, and negotiate effectively with builders, subcontractors, and their insurance carriers. Trying to manage a claim on your own can lead to missed deadlines or a settlement that doesn’t fully cover your repair costs. An attorney acts as your advocate, ensuring your rights are protected every step of the way.

Myth: “Any real estate attorney will do.”

Just as you wouldn’t see a general doctor for a specialized heart condition, you shouldn’t hire just any attorney for a construction defect case. This is a highly specific area of real estate law that requires deep knowledge of construction practices, materials, and Florida’s building regulations. You need a lawyer who specializes in construction litigation and has a proven history of handling cases similar to yours. These attorneys have established relationships with engineers, architects, and other experts whose testimony is crucial for proving your case. Always ask about a lawyer’s specific experience with construction defects before moving forward.

Myth: “It’s better to wait and see what happens.”

Waiting is one of the worst things you can do if you suspect a construction defect. Florida has strict deadlines, known as statutes of limitation and repose, for filing a claim. If you miss these deadlines, you could lose your right to seek compensation forever. Delaying also makes it harder to prove your case, as evidence can degrade or be lost over time. As soon as you notice a potential issue—like a crack in the foundation, a persistent leak, or faulty electrical work—it’s important to consult with an attorney. They can help you understand your timeline and take the necessary steps to preserve your claim.

How Attorney Fees Work in These Cases

One of the biggest worries for anyone facing a construction defect is the cost of hiring a lawyer. It’s a valid concern, but the good news is that the legal system has structures in place to make pursuing a claim more accessible. You shouldn’t have to choose between fixing your property and affording legal help. Most construction defect attorneys understand this and offer fee arrangements that reduce the financial risk for homeowners and property managers.

The goal is to ensure you can hold the responsible parties accountable without draining your savings on upfront legal bills. Before you even sign an agreement, a reputable attorney will walk you through exactly how their fees work, what other costs to expect, and what kind of financial recovery is possible. This transparency is key, as it helps you make an informed decision about moving forward with your case. Let’s break down the most common components of legal costs in these types of claims.

Understanding Contingency Fees

Many construction defect cases are handled on a contingency fee basis. In simple terms, this means you don’t pay any attorney fees unless you win your case. Instead of an hourly rate, your lawyer’s fee is a pre-determined percentage of the financial settlement or court award you receive. This approach has a major advantage: it allows property owners to access high-quality legal representation without paying out-of-pocket.

This structure also aligns your attorney’s goals directly with yours. Since they only get paid if you get paid, they are fully motivated to secure the best possible outcome for you. It’s a way to level the playing field, giving you the ability to take on large construction companies or developers who have significant resources. The specifics of the contingency fee agreement, including the percentage, will be clearly outlined before you commit to anything.

Factoring in Expert Costs and Case Expenses

While contingency fees cover your lawyer’s time and effort, they don’t include other case-related expenses. Building a strong construction defect claim requires more than just legal arguments; it requires hard evidence. This often means hiring experts like structural engineers, architects, or water intrusion specialists to inspect the damage, write detailed reports, and testify on your behalf.

Other common expenses include court filing fees, deposition costs, and fees for creating trial exhibits. These costs are essential for proving your case but are separate from the attorney’s fee. Your attorney will typically cover these costs as the case progresses and then get reimbursed from the settlement or award. It’s important to discuss how these expenses are handled and whether your original construction contract allows for their recovery from the opposing party.

What Kind of Compensation Can You Recover?

The primary goal in a construction defect case is to secure compensation that covers the cost of repairing the damage and restoring your property to the condition it should have been in. This can include the cost of labor, materials, and any necessary demolition. In some situations, you might also be able to recover damages for the loss of property value, the cost of temporary housing if you had to move out, or lost income for a commercial property.

Additionally, Florida law sometimes allows the winning party in a breach of contract lawsuit to recover their attorney’s fees from the losing party. This isn’t guaranteed, but it can be a significant part of the financial recovery. A skilled real estate litigation attorney will assess all potential damages to ensure you are pursuing the full compensation you deserve.

How Are Construction Defect Cases Different?

When you discover a crack in your foundation or a persistent leak in your roof, the path to a solution isn’t always straightforward. Construction defect cases are a unique beast in the legal world, blending elements of real estate, contract, and business law with the technical nuts and bolts of the building industry. Unlike a simple contract dispute, these cases involve a deep dive into blueprints, building codes, and material science to figure out what went wrong and who is responsible.

Successfully handling a construction defect claim requires more than just a general understanding of the law. It demands a specific skill set geared toward untangling complex technical issues and navigating disputes with multiple parties, from general contractors to subcontractors and material suppliers. Your attorney acts as a project manager, coordinating a team of experts and piecing together a puzzle of evidence to build a compelling case. This specialized focus is what sets these claims apart and makes finding the right legal partner so critical to protecting your investment.

The Need for Technical Experts

You can see the water stain on your ceiling, but what’s causing it? Is it a faulty pipe, a poorly installed roof, or a problem with the window flashing? Answering these questions is the first step, and it’s not something a lawyer can do alone. Construction defect cases almost always rely on the testimony of technical experts. Professionals like structural engineers, electricians, plumbers, and building inspectors are essential for identifying the root cause of a defect. They provide the objective, evidence-based analysis needed to prove that the issue stems from a failure to meet industry standards or building codes. Your attorney’s job is to find and coordinate the right experts to build a solid foundation for your real estate litigation claim.

Juggling Multiple Responsible Parties

In a perfect world, one person would be responsible for a construction flaw. In reality, it’s rarely that simple. A single defect, like a leaky balcony, could involve the general contractor who oversaw the project, the subcontractor who did the waterproofing, the architect who designed it, and even the manufacturer of the materials used. Figuring out who is at fault often means untangling a complicated web of contracts and responsibilities. A skilled attorney knows how to investigate the roles of all potential defendants to ensure everyone who contributed to the problem is held accountable. This is a crucial step in making sure you can recover the full cost of repairs.

The Importance of Specialized Construction Knowledge

An effective construction defect attorney speaks two languages: law and construction. They need a comprehensive understanding of Florida’s complex building codes, construction contracts, and the standards of workmanship expected in the industry. This specialized knowledge allows them to review project documents, spot inconsistencies, and ask the right questions of expert witnesses. They know what to look for in an inspection report and how to translate technical jargon into a clear, persuasive legal argument. This is where having experienced attorneys with a dedicated focus on construction law makes all the difference, as they can anticipate challenges and build a strategy based on years of hands-on experience.

How to Work Effectively With Your Attorney

Hiring a construction defect attorney is the first step, but the success of your case often depends on how well you work together. Think of it as a partnership. Your attorney brings the legal expertise, but you bring the firsthand knowledge of the situation. By being an active, organized, and responsive partner, you can significantly impact the efficiency and outcome of your claim. A strong attorney-client relationship is built on clear communication and mutual respect, and your contributions are a vital part of the legal process.

Your Role in Preserving Evidence

Your most important job, especially early on, is to become the lead detective for your own case. Before any repairs are made, you need to document everything. Take clear pictures and videos of the defects from various angles and in different lighting conditions. Keep a detailed log of every conversation you have with builders, contractors, or developers, noting the date, time, and what was discussed. Gather every piece of paper related to the project: contracts, blueprints, warranties, emails, text messages, and receipts. This collection of evidence is the foundation of your claim, giving your attorney the concrete proof needed to build a powerful argument on your behalf.

Setting Clear Communication Expectations

Clear and consistent communication is the backbone of a successful attorney-client relationship. From your first meeting, be upfront about how you prefer to communicate, whether it’s by phone or email. It’s also a good idea to ask your attorney about their process for providing updates so you know what to expect. Don’t hesitate to share every detail you know, even if you think it’s minor or potentially unfavorable to your case. Your attorney needs the complete picture to develop the best strategy. Preparing a list of questions before each meeting can also help ensure you both stay on the same page and make the most of your time together.

How You Can Help Move Your Case Forward

You can play an active role in keeping your case on track. One of the best things you can do is act quickly. The moment you suspect a defect, you should seek legal advice, as strict deadlines can affect your ability to file a claim. Once you’ve hired a real estate litigation attorney, make it a priority to respond promptly to their requests for information or documents. Delays on your end can create bottlenecks and slow down progress. By staying organized, providing information as soon as it’s requested, and trusting your attorney’s guidance, you help create the momentum needed to move your case toward a successful resolution.

Related Articles

• Lawyer for Non-Disclosure in Real Estate: A Guide
• Top Orlando Business Litigation Lawyers for 2022
• Real Estate Litigation Attorney: A Complete Guide
• Why You Need a Commercial Real Estate Litigation Attorney

Frequently Asked Questions

What is the very first thing I should do if I suspect a defect? Before you do anything else, document the problem thoroughly. Take clear photos and videos of the issue from different angles. Write down when you first noticed it and any details you can remember. This initial evidence is incredibly valuable. Your next call should be to a construction defect attorney to understand your rights and the strict deadlines you might be facing.

How long do I have to file a construction defect claim in Florida? Florida has firm deadlines, known as statutes of limitation and repose, which can be complex. Generally, you have four years to file a lawsuit from the time the defect was discovered or should have been discovered. However, there is also an absolute deadline of ten years from the date of completion or possession, regardless of when you found the issue. Because these timelines can be tricky, it’s critical to speak with an attorney as soon as you suspect a problem to protect your claim.

What if the builder offers to fix the problem themselves? It can be tempting to accept an offer for a quick fix, but you should proceed with caution. A repair offer might not address the underlying cause of the problem, and accepting it could unintentionally waive your right to seek full compensation later if the fix fails. It’s always best to have an attorney review any offer before you agree to it to ensure your long-term interests are protected.

Will my case definitely go to trial? Most construction defect cases are resolved before they ever reach a courtroom. Florida law actually requires a pre-litigation process where you notify the builder of the claim, giving them a chance to inspect the issue and make an offer to repair or settle. A skilled attorney will use this period and subsequent negotiations to fight for a fair settlement. While we always prepare for trial, the goal is often to reach a resolution through negotiation or mediation.

Can I still file a claim if my builder has gone out of business? Yes, you may still have options even if the construction company is no longer in business. Your claim might be pursued against the builder’s insurance company, which provided coverage during the construction period. In some cases, other parties like subcontractors, architects, or material suppliers could also be held responsible for their role in the defect. An experienced attorney can investigate all potential sources of recovery.