Spot the Warning Signs Before It’s Too Late—Protect Your Home Today!

Building or remodeling your dream home should be exciting—not stressful. But what happens when that dream turns into a nightmare due to construction defects? Whether it’s water leaking through brand-new windows, a sagging roof, or cracking foundations, these issues can lead to serious financial, structural, and legal headaches.

At DuFault Law, we help homeowners throughout Florida protect their investment, hold negligent contractors accountable, and pursue fair compensation when construction goes wrong. If you’re noticing problems in your newly built or renovated home, this step-by-step guide will walk you through how to recognize a construction defect, what your legal rights are under Florida law, and how to move forward with confidence.

Step 1 | Recognize the Signs of a Construction Defect

Construction defects come in many forms—and not all are immediately visible. Some show up within months of moving in, while others take years to surface. Common types of defects include:

• Cracks in walls or foundations
• Water intrusion or mold growth
• Faulty windows or doors
• Improper roof installation
• HVAC or electrical failures
• Code violations or safety hazards

Step 2 | Understand Your Legal Rights Under Florida Law

Florida’s construction defect laws are designed to protect homeowners. The most important statute to know is the Florida Construction Defect Statute (Chapter 558, Florida Statutes). This law requires homeowners to follow a pre-suit notice process before filing a lawsuit—intended to give the contractor an opportunity to inspect and possibly fix the issue before litigation begins. Key Legal Protections:

• Chapter 558 Notice: You must give written notice of the defect at least 60 days before filing suit.
• Statute of Limitations: Typically 4 years from the time the defect is discovered (or should have been discovered).
• Statute of Repose: Absolute deadline of 10 years from the completion of the work—no matter when you discover the problem.

Step 3 | Gather Evidence

Before sending a notice or consulting an attorney, start organizing your documentation. The more organized your records are, the easier it is to prove your claim. What to Collect:

• The original construction contract
• Blueprints, plans, or permits
• Photographs of the defect(s)
• Inspection reports (if applicable)
• Emails or communication with the builder
• Repair estimates or receipts

Step 4 | Send the Required Chapter 558 Notice

Under Florida law, you must notify the contractor (or developer) of the defect in writing. This Chapter 558 notice should describe:

• The nature of each defect
• The location on the property
• Any known damage or consequences (e.g., leaks, mold)

Once the notice is sent, the contractor has 30 days to inspect and respond. They may offer to:

• Fix the problem
• Settle the matter with compensation
• Dispute the claim

Step 5 | Work With a Skilled Construction Defect Attorney

Construction defect claims are complex—requiring legal knowledge, expert testimony, and an understanding of Florida’s strict procedural requirements. An experienced attorney can help you:

• Navigate the Chapter 558 process
• Preserve your rights under strict timelines
• Negotiate with contractors or insurance companies
• File a lawsuit if necessary

At DuFault Law, we work with homeowners from Naples to Jacksonville—and everywhere in between—to protect their homes and fight for fair compensation.

Step 6 | Understand What Happens If You File a Lawsuit

If the contractor refuses to resolve the defect or their offer is unacceptable, you may need to proceed to litigation. Here’s what to expect during the litigation process:

• Filing the Complaint
• Discovery – exchanging documents, depositions, and expert analysis
• Mediation or Settlement Talks
• Trial – if the case doesn’t settle beforehand

Many cases settle before trial, especially if your documentation and legal arguments are strong.

What Damages Can You Recover?

If successful, a construction defect claim can potentially cover:

• Cost of repairs
• Diminished property value
• Temporary housing (if uninhabitable)
• Attorney’s fees (in some cases)
• Additional damages if negligence or fraud is involved

Don’t Wait—Protect Your Home and Your Rights

Your home is likely one of your biggest investments. Don’t let a construction defect go unaddressed or put off taking action. Florida law offers strong protections for homeowners—but only if you act within the required timelines and follow the proper legal procedures.

Located in Naples, Florida, DuFault Law proudly represents homeowners across Florida and Georgia in complex construction defect disputes. We handle everything from Chapter 558 notices to full litigation. Whether you’re battling water damage, unsafe wiring, or structural failure, we’re here to help you fight back—and win.

• Call us at (239) 422-6400
• Email us at contact@dufaultlaw.com
• Or Visit our Contact Page to schedule a consultation