How does Florida handle warranty claims on new construction work?

On Behalf of | Jan 15, 2026 | Construction Law |

Problems with new construction can feel stressful when something goes wrong after the project ends. Florida law gives you rights when construction work does not meet basic standards. Knowing how warranty claims work helps you take action sooner and protect your property.

What types of construction warranties exist in Florida

Florida recognizes two main types of construction warranties: express and implied. An express warranty comes from written terms in a contract or warranty document and usually covers certain issues for a set period of time. An implied warranty applies even if the contract does not mention it and requires the work to be done properly and suitable for normal use, especially in new residential construction.

How long do construction warranties last

The length of a construction warranty depends on the type of warranty and the defect involved. Written warranties last only as long as the contract states. Implied warranty claims usually fall under Florida’s four-year time limit for construction defects, which may start when you discover the problem or should have discovered it, though a ten-year outer limit can still apply.

Steps you should take when defects appear

When you notice a construction defect, start by taking photos, videos, and notes that show the problem clearly. Keep copies of your contract, invoices, and any warranty paperwork. Florida law often requires you to give written notice to the contractor before filing a lawsuit so the contractor has a chance to inspect the issue and suggest repairs.

How Florida law resolves warranty disputes

Many construction contracts require mediation or arbitration before a dispute goes to court. These options can save time and reduce costs, but court involvement may still happen if those methods do not resolve the issue. Understanding your warranty rights under Florida law helps you respond quickly and avoid delays when construction problems arise.

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