If I can prove construction defects, what are my options?

On Behalf of | May 9, 2024 | Construction Law |

As readers of this blog are likely aware construction defects are a real problem in Boca Raton and across Florida. Construction defects can mar the value and functionality of both residential and commercial properties. But, if you can substantiate these flaws, there are legal avenues to pursue. Today, we delve into these remedies, noting any disparities between residential and commercial properties.

Legal recourse

If you can show that there were construction defects when your property was built, you have legal recourse. The most common recourse is damages. Owners can seek compensation for repair costs, loss of use and in severe cases, punitive damages.

The next legal recourse is specific performance. Courts may mandate the responsible party to rectify the defects. Finally, if the construction contract has not been completed, a legal recourse may be rescission. Construction contracts can be annulled, which returns parties to their pre-contract state.

Residential versus commercial properties

Generally, remedies are uniform when dealing with residential and commercial construction defects. However, variations may arise due to the defect’s nature, the contract’s terms and the property type, which can all influence legal proceedings. And, of course, the amounts at issue are likely much higher for commercial properties than resident, and the damages at issue will likely be much more complicated as well. For example, the loss of use of a family home will be much different than the loss of use of a commercial space.

Statute of Limitations

Florida imposes a 4-year statute of limitations that commences upon defect discovery. This is outlined in Florida Statutes, Chapter 95, Section 95.11. This statute applies to defects that would not be readily apparent or detectible by a reasonable or customary inspection.

Statute of Repose

Outlined in that same statute is the Florida Statute of Repose that imposes a 10-year claim limit for design defects, planning defects or any other construction defect. This is a hard limit that cannot be extended by repairs.

This is a secondary limit that helps limit long-term liability for those in the construction industry. They know that they need not worry about liability for construction projects past 10 years from actual possession, the certificate of occupancy date, the construction abandonment date, the completion date, or whatever date is the latest date.


Should you unveil construction defects in your Florida property, avenues for compensation and equity exist. Understand your rights and legal protocols to navigate this complex terrain effectively. Each case is unique, and the chosen legal path hinges on defect specifics and case intricacies.