What Are Your Rights When a Construction Project Goes Wrong? From faulty foundations to leaky roofs, construction defects can create more than frustration—they can lead to serious financial and legal consequences for Florida homeowners. Whether you’re dealing with shoddy workmanship, violations of building codes, or a builder who refuses to take responsibility, knowing your legal rights is the first step toward protecting your home and your investment after closing.
At Lubliner Law, we routinely work with homeowners and property investors across Florida who are navigating construction-related legal issues. While many people assume their only recourse is to confront the builder or call the warranty provider, the truth is more nuanced—and often far more complex.
Understanding the Basics of Construction Defect Law
A construction defect can occur at any stage of a project—from the initial design and engineering, all the way to materials and labor during the build. Some defects, like water intrusion or cracked drywall, are immediately obvious. Others, such as mold growth or structural instability, may not become apparent until years later.
Florida law provides several avenues for homeowners to pursue claims against builders, contractors, developers, or even subcontractors. These claims often fall under breach of contract, negligence, or violation of the Florida Building Code. And if your home was sold with a warranty—either express or implied—you may have additional protections under state law.
You can learn more about your options here: Florida Construction Defect & Home Warranty Attorney.
The Role of Home Warranties: What They Cover (and What They Don’t)
Many new construction homes are sold with warranties that promise to repair defects within a set period. These warranties may be offered by the builder, or through third-party companies. However, the language in these agreements is often complex—and in many cases, homeowners are misled about the extent of the coverage.
For example, cosmetic defects might be covered for one year, while structural problems are only covered for ten years—assuming you follow specific notice procedures. And warranty providers may deny claims based on unclear terms, alleged homeowner negligence, or other fine-print exclusions.
That’s why legal guidance is so critical. A construction law attorney can help you interpret your warranty, identify your claim deadlines, and hold the responsible party accountable for fixing the problem.
Navigating Pre-Suit Notice Requirements Under Chapter 558
Before filing a lawsuit for construction defects in Florida, homeowners must comply with Chapter 558 of the Florida Statutes. This law requires homeowners to serve a written notice to the builder or contractor outlining the alleged defects and giving them an opportunity to inspect and offer a fix.
While this might seem like a straightforward process, it’s filled with legal pitfalls. A poorly written notice can weaken your case—or delay the process. Working with an attorney who understands Florida’s construction defect laws ensures your notice complies with all legal requirements and preserves your right to sue if the issue isn’t resolved.
When Legal Action Is the Right Move
Not all defects are resolved through negotiation. Some builders deny responsibility, delay repairs, or simply stop responding. Others may blame subcontractors, manufacturers, or even the homeowner. In these cases, litigation may be the only path forward.
Lubliner Law helps homeowners throughout Florida pursue claims for:
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Latent (hidden) defects
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Code violations
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Structural failures
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Mold and water intrusion
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Breach of home warranty terms
Whether you’re initiating a claim or responding to a denial, our legal team brings a strategic, results-oriented approach to every case.
Want to learn more about construction defect litigation and home warranty claims?
Florida Construction Defect & Home Warranty Attorney
Partnering With Lubliner Law: Protecting What Matters Most
In addition to handling construction defect and warranty claims, Lubliner Law also advises clients on business formation, restructuring, and transactions. Our services include drafting operating, shareholder, and partnership agreements, employment and contractor agreements, and guiding clients through business purchases, sales, and real estate matters.
For questions about your construction dispute or to discuss your legal options, contact us here or call 561-207-2018.
