# Florida Builder Defect Warranty Rules | Who Pays the Repair?

> Florida requires 60 days' notice to the builder before suing, and bars claims 7 years after certificate of occupancy.

**Who pays:** third-party

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.

**Boundary:** 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.

## Sources
- [Fla. Stat. § 95.11(3)(b)](http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0095/Sections/0095.11.html) — "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." (accessed 2026-09-13)
- [Fla. Stat. § 558.004(1)(a): Notice and opportunity to repair](http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0500-0599/0558/Sections/0558.004.html) — "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." (accessed 2026-09-13)
- [Chapter 558, Florida Statutes: Construction Defects, § 558.004 Notice and Opportunity to Repair](http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0500-0599%2F0558%2F0558.html) — "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." (accessed 2026-09-27)

_Last verified 2026-09-20. Source: Who Pays the Repair? — https://whopaystherepair.com/rules/florida-new-home-builder-defect-warranty/ — every claim checked against a primary source before publication (see /methodology/)._