Three separate clocks
When something goes wrong in a new Florida home, three different sets of rules can apply at once, and they run on different clocks:
- Your builder warranty. A contract. Its terms are whatever your warranty document says.
- Florida's Chapter 558 notice process. A state law that, unless you and the builder agreed in writing to opt out, requires you to give written notice of a construction defect, and give the builder a chance to respond, before you file a lawsuit.
- Florida's filing deadlines in s. 95.11. The statute of limitations and the statute of repose, which set the outer limits on when a construction defect lawsuit can be filed.
Most warranty issues never get anywhere near a courtroom. A request goes in, a technician comes out, the item gets fixed. But knowing how the three clocks fit together helps you avoid the one mistake that cannot be undone: waiting too long.
This is general information, not legal advice. For a specific problem with your home, talk to a Florida construction attorney.
What a builder warranty usually looks like
A new home builder warranty is a written promise from the builder, or from a third-party warranty company the builder enrolls the home with, to repair certain defects for a set period after closing. Warranties vary, and they are often organized in tiers. One example is the "1-2-10" structure described by the third-party warranty provider StrucSure: one year on workmanship and materials, two years on the delivery portion of the electrical, plumbing and HVAC systems (the wiring, piping and ductwork), and ten years on major structural defects.
That is one company's product, not a rule. Your coverage is whatever your document says. Pull out your warranty booklet and look for:
- Who the warrantor is. The builder, a third-party company, or both for different parts.
- What each tier covers and excludes. Check whether structural coverage is limited to defined load-bearing elements, and what is excluded (for example cosmetic wear, landscaping, or damage from lack of maintenance).
- When each period starts. Closing date, possession date or another date defined in the document.
- How to make a claim. Check whether the warranty requires written notice, a specific form or an online portal. If it does, a phone call may not count.
- Any deadline for reporting. Check whether you must report a problem within a set time after you discover it.
- Dispute terms. Look for arbitration or mediation clauses.
If you bought a new condominium unit, Florida law adds statutory warranties from the developer, contractor and subcontractors on top of whatever you signed, with their own periods (s. 718.203, Florida Statutes).
Chapter 558: notice before you sue
Chapter 558 of the Florida Statutes sets up a pre-suit process for construction defect claims. The Legislature's stated goal is to give the contractor (and its insurer) an opportunity to resolve a claim through settlement "without resort to further legal process."
The law defines a construction defect broadly. It includes defective materials, code violations that give rise to a claim under state law, design failures, and "a failure to construct or remodel real property in accordance with accepted trade standards for good and workmanlike construction."
When it applies. Under s. 558.005(1), the chapter applies to a claim when the agreement to build or improve was made after October 1, 2009 and the defect arose after the building or improvement was completed. It does not apply if the owner and the builder "agreed in writing to opt out" of it. So before relying on the steps below, check your purchase agreement and warranty for a Chapter 558 opt-out clause, and ask your attorney if you find one.
Where the chapter applies, the key steps, as the statute describes them for a single-family owner:
| Step | What the statute says | Section |
|---|---|---|
| Notice of claim | Serve written notice on the contractor at least 60 days before filing a lawsuit. It must refer to Chapter 558. | 558.004(1)(a) |
| What the notice must say | Describe each alleged defect in reasonable detail, and its location, based on at least a visual inspection. No destructive testing required. | 558.004(1)(b) |
| When to send it | The claimant "shall endeavor" to serve notice within 15 days after discovering a defect. Missing that target does not by itself bar a claim. | 558.004(1)(c) |
| Builder's inspection | Within 30 days after service, the builder may perform a reasonable inspection, and the owner must provide reasonable access during normal working hours. | 558.004(2) |
| Builder's response | Within 45 days after service, a written response offering to repair, to pay, a combination, a statement that the claim is disputed, or a statement that the insurer will decide on payment. | 558.004(5) |
| Your answer to an offer | Accept or reject a timely settlement offer in writing within 45 days of receiving it. | 558.004(7) |
| Effect on deadlines | Serving the notice tolls the statute of limitations until the later of 90 days after service or 30 days after the end of an accepted repair or payment period. | 558.004(10) |
Condominium and homeowner associations representing more than 20 parcels have longer periods under the same sections.
If a lawsuit is filed without following Chapter 558 when it applies, the court must stay the case on a timely motion until the owner complies (s. 558.003).
The filing deadlines in s. 95.11
Florida's general deadline for a lawsuit "founded on the design, planning, or construction of an improvement to real property" is four years. Under s. 95.11(3)(b), Florida Statutes, that period runs from the earliest of the date the building department issues a temporary certificate of occupancy, a certificate of occupancy or a certificate of completion, or the date construction was abandoned.
For a latent defect (one you could not reasonably have discovered earlier), the four years run from when the defect was discovered or should have been discovered with due diligence. But there is a hard outer limit, the statute of repose: the action must be commenced within 7 years after that same certificate or abandonment date, no matter when the defect was found.
That 7-year limit is new. In 2023, Senate Bill 360 (Chapter 2023-22, Laws of Florida) shortened the repose period from 10 years to 7 years and tied the start date to the certificate of occupancy or similar documents. It took effect April 13, 2023.
The same section includes two details new homeowners should know:
- Warranty repairs do not restart the clock. For permitted work that received a CO or certificate of completion, "the correction of defects to completed work or repair of completed work, whether performed under warranty or otherwise, does not extend the period" for filing.
- Model homes are different. If a new single-family home was used as a model, the period begins when a deed is first recorded transferring it to another owner.
Notice what this means next to a typical warranty. A contractual 10-year structural warranty and a 7-year statutory repose period are two different things. The warranty is a promise you can enforce under its own terms. The statute limits when you can file a lawsuit over construction defects. How they interact in a specific dispute is a question for an attorney, but the practical lesson is clear: do not assume you have ten years to act on anything.
The date that starts these clocks is on your certificate of occupancy. For what that document does and does not confirm, see certificate of occupancy vs. home inspection.
Document everything from day one
Every step above depends on records. A Chapter 558 notice has to describe each defect and its location in reasonable detail. A warranty claim may have to be in writing. And a latent defect claim turns on when you knew, or should have known, about the problem. Build the file before you need it:
- Keep the paper. Purchase agreement, warranty booklet, certificate of occupancy, closing documents, and your final walkthrough punch list.
- Photograph with dates. Take a full set of photos and video of the house at closing, room by room and outside. Your phone records the date. Take new photos the day you notice any problem, and again as it changes.
- Put every request in writing. Use the builder's warranty portal or email, even if you also call. After a phone call or a visit, send a short email summarizing what was said and what was promised.
- Keep a log. Date noticed, description, location, date reported, builder response, date of repair visit, whether the repair worked.
- Keep any inspection reports. A report from before closing is a dated, photographed record of the house as delivered.
That last point is one reason buyers order a documented new-build inspection report before closing. High Tide's reports are digital, with photos, and delivered within 24 hours, typically the next morning. Kept with your closing papers, that report becomes part of your baseline.
If you want to know what kinds of issues tend to show up in new homes, and which are worth reporting early, see what inspectors look for in brand-new Florida homes.
The short version
- Your builder warranty is a contract. Read yours for coverage tiers, exclusions, start dates and how to make a claim. The "1-2-10" structure is one example, not a rule.
- Unless you and the builder agreed in writing to opt out, Chapter 558 requires written notice at least 60 days before suing over a construction defect and gives the builder a chance to inspect and respond. It covers agreements made after October 1, 2009 and defects that arise after completion.
- Under s. 95.11, the general deadline is 4 years, and the outer limit is 7 years from the certificate of occupancy (shortened from 10 years in 2023). Warranty repairs do not extend it.
- Start a dated file of documents, photos and written requests on closing day.
