Florida construction defect claims can cost a fortune, and sometimes, the people involved don’t even realize the clock is ticking.
Whether you’re a buyer dealing with a leaky roof in Flamingo Park or a general contractor facing a warranty dispute in Northwood, one thing is certain: these claims can quickly spiral into expensive legal battles. Timing matters. The law is specific. Small oversights can cost you.
At Maier Law, P.A., we represent both sides: builders and buyers. Jason C. Maier, our Managing Partner, has built a strong reputation throughout West Palm Beach and Palm Beach County for smart, aggressive representation in Florida construction defect claims.
The Role of Written Warranties and Their Legal Weight
Under Florida law, a written warranty which legally guarantees the quality or condition of certain construction materials and/or labor adhere to a certain standard is a creature of contract between the parties or may be the subject of an implied warranty under Florida Statutes (such as may be found in Florida’s Homeowners Association Statute (Chapter 720, Fla. Stat.) or Florida’s Condominium Association Statute (Chapter 718, Fla. Stat.), or some other Statute.
Over the last 20 years, it has been fairly common for general contractors building single-family residences to offer a one (1) year written warranty on the labor to build the home to meet or exceed local industry standards for quality and be free from defects not common in the work.
Statute of Limitations in Florida Construction Defect Claims
What many general contractors (and the public in general) may not realize is that a claim for breach of contract carries a statute of limitations for five (5) years under Section 95.11(2)(b), Fla. Stat. or four (4) years if it arises out of the design, planning, or construction of improvements to real property pursuant to Section 95.11(3), Fla. Stat.
Thus, although the written warranty may only last one (1) year from the date the Certificate of Occupancy is issued by the Building Department for a single-family residence, a claim can still be brought later.
For obvious or “patent” defects, the defect must be discovered within that one-year period.
The Difference Between Latent and Patent Defects
Florida law defines two (2) types of construction defects – “Latent” and “Patent”. “Latent” defects are defects that are not discoverable by the layperson using their traditional means of observation, such as looking with their eyes at a condition.
“Latent” or hidden conditions typically occur when a defect, such as a burst pipe, a leaky window, or peeling paint, is hidden behind drywall and paint inside the wall, for example. Thus, it is “hidden” from the observation of a homeowner/layperson during a standard observation.
Patent defects, by contrast, are problems that are visible or easily identifiable. These are issues a typical homeowner can notice just by looking; for example, a cracked tile, uneven flooring, or missing shingles. Because patent defects are out in the open, the legal window to file a claim is shorter and starts when the defect becomes reasonably observable.
The Discovery Rule and the Statute of Repose
Florida jurisprudence, in an effort to be fair to both parties – the homeowner and the general contractor – has attempted to carve out two different paths a claim could take – one as to “latent” or hidden conditions and one for “patent” or obvious conditions that are readily observable by a layperson using their normal powers of observation such as looking with their eyes.
For latent or hidden conditions, Florida law provides that the Statute of Limitations shall run for no longer than seven (7) years total from when the Certificate of Occupancy was issued (as one example of a trigger for the time bar), from the date that the condition became known or would’ve became known through the exercise of due diligence – which is known as the “Discovery Rule” or also known as the “Manifestation of the Loss” rule.
This rule, in summary, states that for hidden or “latent” conditions, the homeowner has an extended opportunity to bring the claim from the date that the defect was discovered or observed up to no greater than seven (7) years total.
This seven (7) year period is referred to by lawyers as the “Statute of Repose”. It is an attempt by the legislature to be fair to homeowners by giving them some extra time to sue for conditions that they could not have readily observed.
The Hidden Risk Behind a One-Year Warranty
What many construction professionals / potential lienors do not typically realize is that when they issue a one-year written warranty as part of the construction contract, they are on the risk of responsibility under that warranty for up to eight (8) total years – the seven (7) years of the Statute of Repose plus the One (1) year for the warranty period itself. Thus, the risk continues far beyond the one (1) year term referenced in the written warranty itself.
Jason C. Maier explains, “We see builders in places like Flamingo Park or El Cid surprised by claims they thought expired. But Florida construction defect claims don’t always follow the simple logic of a one-year warranty. That’s why we counsel contractors and owners early.”
Homeowners’ Responsibility to Maintain Their Property
The counter-argument to the construction defect is the owner’s duty to reasonably maintain the constructed items and to warn others of any potentially dangerous known defects in the condition of any construction items. A construction attorney calls this the “Failure to Mitigate” doctrine.
Under their duty to mitigate damages, a homeowner has to protect against the rusting of metal items, for example.
This may require the owner to maintain the paint coating so it continues to repel water. After a storm, the homeowner should check that shingles are still properly nailed down. Windows should be regularly caulked and sealed to prevent leaks.
Other reasonable maintenance steps may also be needed to prevent damage, especially those within a typical homeowner’s ability to observe and handle.
Warranty Claims and Division of Responsibility in Defect Cases
Thus, although the contractor has obligations to make sure that the quality of his work under a written warranty meets certain minimal industry standards for local quality construction, the homeowner is also required to maintain the home such that it doesn’t rust, leak, or cause other damage to itself or others.
Typically, there are multiple items within a construction defect claim that are the responsibility of the owner and certain items that are the responsibility of the contractor.
Thus, in construction defect litigation, it is common for the opposing parties to each separately hire their own construction industry standard of care expert witness to inspect the items of construction that are the responsibility of the various parties and opine as to the cause of the defective condition, if any, and the cost of repair.
Florida courts consider construction law generally to be a specialty requiring the testimony of an expert witness, as most defects in construction are not obvious to a layperson and are do not typically equate to negligence per se.
The Takeaway for Builders and Buyers in West Palm Beach
Every construction firm should be aware of the fact that when they give a one-year written warranty on labor or materials, that their exposure runs for up to a maximum of eight (8) years – the seven (7) year Statute of Repose under Section 95.11(3)(b), Fla. Stat. Plus the one (1) year contractual timeframe of the warranty period itself.
Homeowners should recognize their own duty to maintain their real property and the improvements thereon in a reasonable manner, as is expected of laypeople homeowners in society, to mitigate against an increase in damages for things such as rust, water leaks, wind, etc.
Maier Law, P.A. Handles Florida Construction Defect Claims from Both Sides
Knowing whether you still have time to file a claim or defend against one involving a construction contract or warranty is not always straightforward.
These cases involve complex rules and deadlines that should be reviewed by an attorney who focuses on construction law.
If you think you may have a claim or need legal defense in a construction defect case, contact Maier Law, P.A. for a free consultation to discuss your options and time limits.
We represent both developers and homeowners in Florida construction defect claims. Our team has successfully handled cases involving warranty claims in areas like The Villages of Palm Beach Lakes, Pineapple Park, and Prospect Park.
Whether you’re a general contractor trying to defend against a claim or a buyer seeking to hold someone accountable, we can help you understand your rights and options. Reach out to us before time runs out.
Contact Maier Law today to schedule a consultation with Jason C. Maier, Managing Partner. Simply click here, call us today at (561) 318-6589, or visit us at 500 S Australian Ave, Suite 500, West Palm Beach, FL.
About Jason C. Maier
Jason C. Maier is a Florida Bar Board Certified Construction Lawyer and Managing Partner of Maier Law, P.A. Based in West Palm Beach, Jason has represented contractors, owners, subcontractors, developers, design professionals, and suppliers in complex lien matters across Florida. His deep knowledge of lien law and commercial construction litigation has made him a trusted legal resource for major infrastructure and real estate projects throughout Palm Beach County and everywhere else in Florida.