Construction-Defect Litigation

When your home was not built the way it should have been.

Representing homeowners and community associations against builders, developers, and contractors for stucco failures, water intrusion, structural defects, and building-code violations.

What this covers

Statewide Florida practice — based in Tampa

What to expect

This practice handles single-family home construction defects of every kind — production-built tract homes, spec homes, and custom luxury construction alike. The build type changes the evidence and the parties; it does not change the analysis.

A builder who holds the permit for a home generally bears a non-delegable duty to supervise its construction properly — including the work of subcontractors. That means a builder often cannot avoid responsibility for defective work simply because a subcontractor performed it.

Construction-defect claims usually begin with a statutory pre-suit process: written notice of the claimed defects, an opportunity for the builder to inspect, and a chance to respond or offer repairs before a lawsuit is filed. Many claims resolve or narrow at this stage; those that do not proceed to litigation or, where the purchase agreement requires it, arbitration.

These cases turn heavily on engineering and cost-of-repair expert evidence, developed and tested throughout the matter.

How this typically proceeds

  1. Defect discovered

    A crack, leak, or failure appears — often years after construction, once the underlying problem has had time to surface.

  2. Chapter 558 notice

    Florida law requires written notice of the claimed defects and an opportunity for the builder to inspect before a lawsuit can be filed.

  3. Response

    The builder has a statutory window to respond, inspect, and offer repairs or a resolution.

  4. Inspection and expert report

    Engineers and cost-of-repair experts document the defects and establish the scope and likely cause.

  5. Negotiation, or suit / arbitration

    Many claims resolve or narrow at this stage; those that don't proceed to litigation or, where the purchase agreement requires it, binding arbitration.

  6. Resolution

    Through negotiated settlement, arbitration award, or trial verdict.

Time limits are strict. Florida requires written pre-suit notice of the claimed defects under Chapter 558, with an inspection window and a chance for the contractor to respond or offer repairs, before a lawsuit can be filed — and current law generally allows 7 years, running from the earliest of a few construction milestones — a temporary certificate of occupancy, the certificate of occupancy, or a certificate of completion — to bring a claim. These trigger dates and windows can be more favorable than homeowners assume — do not assume you are too late to find out.

For homeowners — Failing or cracking stucco: what Florida homeowners need to know  ·  Is my home too old to bring a claim? Construction-defect deadlines for homeowners

For attorneys & professionals — how these deadlines actually work, and the trap that catches even careful counsel: A Chapter 558 notice does not stop the repose clock  ·  Repose vs. limitations  ·  Documenting construction defects (for inspectors)  ·  What public records can and can't tell you about a builder

Think you have a claim? Let's find out.

Tell us who you are and what kind of matter you have. We'll follow up quickly — the case review is free.

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