Florida · New Construction: Builder Defect Warranty

Florida Builder Defect Warranty Rules

Short answer
The party at fault pays

Florida gives builders a mandatory 60-day notice-and-repair window before a defect suit, but bars any claim 7 years after the certificate of occupancy or completion, discovery aside.

High confidence · Verified Sep 20, 2026 · 3 sources

What to do next

What to do next

  1. Photograph the problem and write down the date

    Take the photos before any work starts.

Work through the full repair checklist

Responsibility Boundary

Default rule and exceptions

Florida requires 60 days' written notice to the builder before filing a construction-defect suit (Ch. 558); the claim is barred no later than 7 years after the certificate of occupancy/completion, regardless of when the defect was discovered.

PartyWhat they are responsible for
Builder/contractorMust receive written notice and an opportunity to inspect/repair before being sued.
HomeownerMust serve notice at least 60 days (120 for large associations) before filing, and sue within 7 years of certificate of occupancy.
ExceptionsNone on record

What the source says

Last verified against the primary source on Sep 20, 2026.

In any event, the action must be commenced within 7 years after the date the authority having jurisdiction issues a temporary certificate of occupancy, a certificate of occupancy, or a certificate of completion, or the date of abandonment of construction if not completed, whichever date is earliest.
Fla. Stat. § 95.11(3)(b), checked Sep 13, 2026
In actions brought alleging a construction defect, the claimant shall, at least 60 days before filing any action, or at least 120 days before filing an action involving an association representing more than 20 parcels, serve written notice of claim on the contractor, subcontractor, supplier, or design professional, as applicable, which notice shall refer to this chapter.
Fla. Stat. § 558.004(1)(a): Notice and opportunity to repair, checked Sep 13, 2026
YOU MUST DELIVER TO THE OTHER PARTY TO THIS CONTRACT A WRITTEN NOTICE, REFERRING TO CHAPTER 558, OF ANY CONSTRUCTION CONDITIONS YOU ALLEGE ARE DEFECTIVE AND PROVIDE SUCH PERSON THE OPPORTUNITY TO INSPECT THE ALLEGED CONSTRUCTION DEFECTS AND TO CONSIDER MAKING AN OFFER TO REPAIR OR PAY FOR THE ALLEGED CONSTRUCTION DEFECTS.
Chapter 558, Florida Statutes: Construction Defects, § 558.004 Notice and Opportunity to Repair, checked Sep 27, 2026

Common questions

Who pays for new construction: builder defect warranty in General, FL?

The party at fault. Must receive written notice and an opportunity to inspect/repair before being sued.

What is this based on for General, FL?

This verdict is sourced to Fla. Stat. § 95.11(3)(b) and 3 sources in total, each independently re-checked before publication.

Sources

  1. Fla. Stat. § 95.11(3)(b)statute · verified-primary · accessed 2026-09-13
  2. Fla. Stat. § 558.004(1)(a): Notice and opportunity to repairstatute · verified-primary · accessed 2026-09-13
  3. Chapter 558, Florida Statutes: Construction Defects, § 558.004 Notice and Opportunity to Repairstatute · verified-primary · accessed 2026-09-27
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