# Construction Defects Fort Lauderdale Construction Defect Lawyer ## Exposing the Defects. Recovering What They Cost You. [Get a Free Consultation](https://gpacmpdev.wpenginepowered.com/contact-us/) - Palm Beach County - Broward County - Miami-Dade County Case Results ## Our Construction Defect Case Results [View All Case Results](https://gpacmpdev.wpenginepowered.com/cases/) - Edmondson v. Tri-County Electric Services - Successful Lien Foreclosure Defense - Deluca v. Schicker - Successful Lien Foreclosure Defense - Philemond v. Advanced Construction & Remodeling by Rulx - Successful Lien Foreclosure Prosecution - Edmondson v. Tri-County Electric Services - Successful Lien Foreclosure Defense - Deluca v. Schicker - Successful Lien Foreclosure Defense ## Florida’s Construction Defect Law: Chapter 558 Overview Florida’s construction defect statute (Chapter 558 of the Florida Statutes) requires a strict pre-suit notice-and-cure process before you can file a lawsuit. Courts enforce these requirements closely, and a defect claim that skips a step can be dismissed before the court ever hears the merits. ### What the Law Considers a Construction Defect - Structural or foundation defects - Water intrusion, drainage, and mold issues - Electrical, plumbing, and HVAC deficiencies - Roofing, window, and door defects - Soil, grading, and site-work defects - Building Code violations that cause real physical harm or damage to a building’s performance (a “material violation” under §553.84) ### Who Can Be Held Responsible Depending on how the defect arose, liability can extend to: - Developers - General contractors - Subcontractors - Design professionals (architects and engineers) - Material suppliers, in certain circumstances ## Florida Construction Defect Deadlines You Can’t Afford to Miss ### The Chapter 558 Notice of Claim Before filing suit, Chapter 558 generally requires a written Notice of Claim identifying the alleged defects, giving the contractor, subcontractor, developer, or design professional the opportunity to inspect the property and, in many cases, offer a cure before litigation begins. For a claim brought by an association representing 20 or more units, that notice period generally runs 120 days, but for other claims, it’s generally 60 days. Filing suit before this window has run can result in dismissal or abatement. ### The 4-Year Statute of Limitations Under Florida Statute §95.11(3)(c), most construction defect claims must be filed within four years. For latent (hidden) defects, that clock generally starts when the defect was discovered or reasonably should have been discovered, not necessarily when the work was finished. ### The 7-Year Statute of Repose Florida also imposes a statute of repose, which is an outside deadline that applies no matter when a defect is actually discovered. Under changes the Florida Legislature enacted in 2023, that period was shortened from ten years to seven, running from the earliest of the relevant certificate of occupancy, certificate of completion, or abandonment of construction. Once the repose period runs, the claim is barred, full stop. [Schedule Your Free Consultation](https://gpacmpdev.wpenginepowered.com/contact-us/) - A Defect You Ignore Today Costs More Tomorrow - Construction defects rarely improve with time, and Chapter 558's notice deadlines and Florida's statute of repose don't pause while you wait. The sooner we apply our advanced knowledge to the facts, the more options you have. ## How to Pursue a Construction Defect Claim in Broward County - **Document the defect** with photos, dates, and a written description of what’s wrong and when you discovered it. - **Get an evaluation from a qualified engineer or other expert** to confirm the cause and scope of the defect. - **Review the contract and any warranties** tied to the work. - **Serve the Chapter 558 Notice of Claim** on every responsible party, within the required timeframe. - **Allow the inspection and cure period** required by law before filing suit. - **File suit within the statute of limitations and repose period** if the claim isn’t resolved. Each step has a deadline, and Florida courts offer little flexibility if you miss one. ## Litigating a Defect Claim: From Notice to Recovery Serving notice is only the first, and easiest, step. But recovering what a defect actually costs you takes litigation experience and being aggressive. Michael Garcia, P.A. handles construction defect matters from the Chapter 558 notice process through trial, including: - Coordinating expert inspections and damage evaluations - Pursuing repair costs, diminished property value, and related damages - Litigating [breach of contract](https://gpacmpdev.wpenginepowered.com/fort-lauderdale-contract-dispute-lawyer/) and Building Code claims - Pursuing prevailing-party attorney’s fees where a contract or statute allows it - Responding to a contractor’s offer to repair under Chapter 558 ## If You’re a Contractor, Developer, or Design Professional: Defending a Defect Claim Not every claim of a “defect” is supported by the evidence, and Florida law gives contractors, developers, and design professionals real ways to push back. Chapter 558 isn’t just a hurdle for owners. It also gives you (the contractor, developer, or design professional) the right to inspect the alleged defect and offer to repair it before a lawsuit is ever filed, which can resolve a claim faster and for less than litigation would cost. - The Chapter 558 Right to Inspect and Cure If a claim was filed after the 4-year statute of limitations or the 7-year statute of repose ran, or if the required Chapter 558 notice was never served (or was served too late), the claim may be barred outright. - Challenging an Untimely Claim Not every crack, leak, or code citation is a construction defect. Age, deferred maintenance, weather events, and prior repairs can all cause damage an owner attributes to the original construction, and that distinction often turns on expert testimony. - Disputing Causation and Scope - No timely Chapter 558 notice was served - The claim falls outside the statute of limitations or repose - The alleged issue is a design defect, not a construction defect (or vice versa) - The damage stems from owner neglect, normal wear, or an unrelated event - Other Common Defenses ## Contracts, Warranties & the Chapter 558 Notice Process Whether you’re sending a notice or responding to one, the underlying paperwork often decides the case. We help clients with: - Drafting and responding to Chapter 558 Notices of Claim - Reviewing construction contracts, specifications, and warranty language - Coordinating with engineers and other experts on causation and repair scope - Documenting the defect and resulting damages before litigation begins ## When Chapter 558 Isn’t the Whole Story: Other Legal Theories Not every construction defect case turns entirely on Chapter 558. Depending on the facts, we can also pursue or defend claims for: - Breach of contract - Breach of the implied warranty of fitness for habitation - Negligence - Violation of the Florida Building Code (material violations under §553.84) ## Free Consultation, Response in Under an Hour. [Schedule Your Free Consultation](https://gpacmpdev.wpenginepowered.com/contact-us/) Client Voices ## Featured Testimonials Our Firm ## Why Michael Garcia, P.A. Michael Garcia, P.A. was founded in 2015 on a simple idea: fight assertively for clients, communicate honestly every step of the way, and never lose sight of the people behind the case. Founding attorney Michael Garcia brings a combination of courtroom and public-sector experience that’s genuinely uncommon in South Florida construction litigation. With over 250 trials, he also has extensive experience from his time as assistant city attorney for Miramar and Lauderdale Lakes, city attorney for North Lauderdale, special counsel for the Town of Pembroke Park, and outside counsel to the Broward Sheriff’s Office. He also taught Construction Law at Broward College. That combination matters in defect cases: construction defect cases are won and lost on technical, expert-driven evidence, and Michael’s trial experience means we know how to build that evidence into a case a judge or jury can follow. Michael personally handles most client consultations, including reviewing the facts, being direct about whether a case is worth pursuing, and explaining costs before anything moves forward. Michael Garcia, P.A., has built one of the most active construction and business litigation practices in Broward, Palm Beach, and Miami-Dade counties, with a no-nonsense approach focused on results and a commitment to keeping clients informed throughout. [About Us](https://gpacmpdev.wpenginepowered.com/about-us/) [Michael Garcia](https://gpacmpdev.wpenginepowered.com/about-us/michael-garcia/) Founding attorney The Team [Nandani Anjalie Deokarran](https://gpacmpdev.wpenginepowered.com/about-us/nandani-anjalie-deokarran/) - Nandani Anjalie Deokarran - Associate attorney [Cedric Small](https://gpacmpdev.wpenginepowered.com/about-us/cedric-small/) - Cedric Small - Associate attorney [Maria H. Jacome](https://gpacmpdev.wpenginepowered.com/about-us/maria-h-jacome/) - Maria H. Jacome - Senior Paralegal | Colombian Attorney [Marta Khaleel](https://gpacmpdev.wpenginepowered.com/about-us/marta-khaleel/) - Marta Khaleel - Paralegal / Legal Assistant [Tasha Gordon](https://gpacmpdev.wpenginepowered.com/about-us/tasha-gordon/) - Tasha Gordon - Paralegal / Office manager Areas We Serve ## Areas We Serve Michael Garcia, P.A., proudly represents property owners in construction lien disputes throughout South Florida. FAQ ## Frequently Asked Questions About Florida Construction Defects Generally, a defect arises from faulty design, materials, or workmanship in constructing an improvement to real property, as opposed to damage from ordinary wear, age, or lack of maintenance. - What qualifies as a construction defect in Florida? In most cases, yes. Chapter 558 generally requires a written Notice of Claim before filing suit, giving the contractor, subcontractor, developer, or design professional an opportunity to inspect the defect and, in many cases, offer a cure. - Do I have to send a notice before suing over a construction defect? Generally, four years from when the defect was discovered or reasonably should have been discovered, and no later than seven years from the earliest of the relevant certificate of occupancy, certificate of completion, or abandonment of construction, under Florida’s statute of repose. - How long do I have to file a construction defect lawsuit in Florida? A patent defect is one that’s reasonably apparent at the time of completion; a latent defect is hidden and may not surface until years later, which affects when the statute of limitations clock starts running. - What is the difference between a patent and a latent defect? Depending on how the defect arose, it may be the developer, general contractor, a subcontractor, a design professional, or more than one of these, proving responsibility often comes down to expert testimony on causation. - Who is responsible for paying for a construction defect? Generally yes, though you’ll typically be required to disclose the pending claim to a prospective buyer. - Can I sell my property while a construction defect claim is pending? It depends on the facts and where you are in the Chapter 558 process, as repairing too early can complicate your case, but failing to prevent further damage can also work against you. Discuss this with our experienced attorneys before you act. - Should I make repairs before or during litigation? Depending on the case, damages may include repair costs, diminished property value, and related costs. We will walk through what applies to your situation during a consultation. - What damages can I recover in a construction defect case? **Yes.** We offer a free initial consultation to review your situation. If we take on your case, billing is hourly from that point forward, and we discuss the fee structure with you upfront. - Is my initial consultation really free? We bill hourly and can offer flexibility with monthly payments so long as the balance stays within an agreed threshold. We’ll walk through the specifics during your free consultation. - What does it cost to work with Michael Garcia, P.A. on a construction defect matter? Take the Next Step ## Don't Let the Clock Run Out on Your Claim Whether you're dealing with damage you believe stems from defective construction, or defending against a claim on a project you built, Chapter 558's deadlines apply either way. Reach out today for a free consultation. We respond to new inquiries in under an hour during business hours. - Serving Broward, Palm Beach, and Miami-Dade counties. - Se habla español. - FIRST NAME - LAST NAME - PHONE - Email - HOW CAN WE HELP? - Website --- Michael Garcia, P.A. — [https://gpacmpdev.wpenginepowered.com/fort-lauderdale-construction-defect-lawyer/](https://gpacmpdev.wpenginepowered.com/fort-lauderdale-construction-defect-lawyer/)