A construction defect is generally a deficiency in the design or construction of a building due to the failure to design or construct the building in a reasonably workmanlike manner (the minimally acceptable industry standard), or according to the owner’s reasonable expectation.
In Florida, a construction defect refers to a shortcoming in the design, materials, or workmanship of a building that fails to meet the acceptable standards of the industry or the reasonable expectations of the building owner. Florida Statutes Chapter 558, known as the Florida Construction Defect Statute, governs the process for handling construction defect claims. This statute requires property owners to provide written notice to contractors, subcontractors, developers, or design professionals of any construction defects before filing a lawsuit. The notified parties are then given an opportunity to inspect the defect and offer to remedy the issue, settle through payment, or dispute the claim. The statute of limitations for construction defect claims in Florida is generally four years from the time the owner knew or reasonably should have known of the defect, with a maximum of ten years after project completion, known as the statute of repose. It is important for property owners to act promptly and seek the advice of an attorney to navigate the legal complexities and timelines associated with construction defect claims.