Florida Construction Defects Lawyers — Holding Builders and Developers Accountable for Defective Work
Helping Florida homeowners and property owners recover compensation for construction defects, structural damage, and code violations caused by negligent builders and developers.
24+ years of insurance claim litigation experience
Commercial Property Defect Settlement
Construction Defect Settlement
Page reviewed and approved by Carlos D. Cabrera, Esq., Florida-licensed property damage attorney with 24 years of construction defect and property damage claim experience.
Construction defects are among the most financially damaging — and legally complex — property damage situations Florida homeowners face. A defect in design, materials, or workmanship can cause progressive damage that is invisible for years before manifesting as a serious structural, water, or mold problem. And when the damage does appear, the builder, developer, or contractor responsible may deny it, minimize it, or argue it was caused by something else entirely.
Florida Advocates represents homeowners, condo owners, and commercial property owners in construction defect claims against developers, builders, general contractors, and subcontractors. We know the Chapter 558 pre-suit process, the 10-year statute of repose, and how to build the engineering and construction evidence that makes these cases successful.
Proven Results: Construction Defect Property Damage Cases
Past results do not guarantee future outcomes. Every case is evaluated on its individual facts.
Florida Construction Defect Law — What You Need to Know
Latent vs Patent Construction Defects
A patent defect is one that is visible and obvious — a crack in the wall, a door that does not close, a roof that visibly sags. These are typically discovered during the construction process or shortly after completion. A latent defect is hidden — it is not discoverable through reasonable inspection and may take months or years to manifest. Water intrusion caused by improperly installed flashing, structural weakness from inadequate reinforcement, and foundation settling from improperly compacted fill are examples of latent defects that often appear years after construction is complete.
The distinction matters legally because of the statute of repose — but in practice, both types of defects are actionable. The key is acting before the relevant deadlines expire.
Florida Statute Chapter 558 — Mandatory Pre-Suit Notice
Before filing a lawsuit for construction defects in Florida, property owners must follow the pre-suit notice procedure under Florida Statute Chapter 558. This involves serving a written notice of claim on all potentially responsible parties — developers, general contractors, subcontractors — describing the defects in reasonable detail. Recipients have the opportunity to inspect the property and respond with an offer to repair, monetary settlement, or denial.
The Chapter 558 process has strict timing requirements. Failure to follow the proper procedure can result in dismissal of your lawsuit. This is one of the most important reasons to retain an attorney before taking any action — including contacting the contractor about the defect — in a construction defect case.
The 10-Year Statute of Repose — Florida Statute 95.11
Florida’s statute of repose under Florida Statute 95.11(3)(c) provides an absolute outer limit of 10 years from the date of completion of construction for most construction defect claims. Unlike a statute of limitations — which can be tolled under certain circumstances — a statute of repose is generally absolute. If you have discovered, or have reason to suspect, a construction defect in a building more than several years old, contact us immediately. The window for action may be closing.
Florida Building Code Violations as Evidence
Florida’s Building Code establishes minimum standards for construction, materials, and installation methods. When a contractor or developer’s work violates the Building Code, that violation is strong evidence of negligence. We work with licensed building inspectors, structural engineers, and construction experts who can identify code violations and document how those violations caused the damage in your property.
Types of Construction Defects We Handle
Foundation defects — settling, cracking, improper soil preparation
Structural defects — inadequate framing, load-bearing walls, trusses
Roofing defects — improper installation causing water intrusion
Window and door defects — improper installation causing water infiltration
Plumbing defects — improper installation causing leaks and water damage
Waterproofing and moisture barrier failures
HVAC installation defects causing condensation, mold, or structural damage
Electrical defects — code violations creating safety hazards
Concrete and masonry defects — cracking, spalling, improper curing
Mold resulting from construction defects
Who Can Be Held Liable for Construction Defects?
Developer — for design and project supervision decisions
General Contractor — for overall construction execution
Subcontractors — for their specific portion of the work (plumbing, roofing, electrical)
Architects and engineers — for design defects
Material suppliers — if defective materials contributed to the damage
HOA or COA — if association common area construction defects damaged your unit
About Attorney Carlos D. Cabrera
Carlos D. Cabrera, ESQ.
Carlos D. Cabrera oversees the Property Damage Department at Florida Advocates. Before becoming a plaintiff’s attorney, Carlos worked defending insurance companies and gained firsthand knowledge of how insurers evaluate, delay, and undervalue property damage claims. He uses that inside knowledge to build cases that insurance companies take seriously — from initial claim through trial.
Carlos has recovered millions of dollars for Florida homeowners, condo owners, and businesses whose property damage insurance claims were denied, delayed, or underpaid. His background gives clients a distinct advantage: he has sat on the other side of the table, and he knows what insurers are looking for — and what they are hoping you will miss.
Education:
- J.D. — University of Florida College of Law
- Admitted to the Florida Bar
Court Admissions:
- Florida
- U.S. District Court, Southern District of Florida
- U.S. District Court, Middle District of Florida
- U.S. District Court, Northern District of Florida
Awards & Recognition:
- Million Dollar Advocates Forum — Member (reserved for attorneys who have won $1M+ settlements or verdicts)
- Multi-Million Dollar Advocates Forum — Member
- Florida Legal Elite Recognition
- Bilingual — English and Spanish
Professional Memberships:
- Broward County Bar Association
- Florida Bar
What to Do If You Discover a Construction Defect
- Document all visible evidence of the defect — photographs, video, written descriptions
- Preserve any construction documents, warranties, contracts, and permits
- Do NOT make repairs that would destroy evidence of the defect
- Contact Florida Advocates before contacting the builder, developer, or contractor
- Note when you first discovered the defect and when the construction was completed
- Gather any prior complaints you made about the issue during or after construction
Frequently Asked Questions — Florida Construction Defect Cases
Carlos D. Cabrera, ESQ.
Florida Advocates,
How long do I have to file a construction defect claim in Florida?
Florida has two key time limits. The statute of limitations — the time from when you discovered or should have discovered the defect — is generally 4 years for latent defects. The statute of repose under Florida Statute 95.11(3)(c) is 10 years from the date of construction completion and is an absolute outer limit regardless of when you discovered the problem. The Chapter 558 pre-suit process must be completed before the lawsuit deadline. Do not wait — contact us as soon as you discover or suspect a construction defect.
What is the Chapter 558 pre-suit process and do I have to follow it?
Yes. Florida Statute Chapter 558 requires that before filing a lawsuit for construction defects, you must serve a written notice of claim on all potentially responsible parties. They then have an opportunity to inspect and respond. The process has strict timing requirements and specific content requirements for the notice. Failure to follow it correctly can result in your lawsuit being dismissed. We handle the Chapter 558 process for you — contact us before you take any steps on your own.
My home was just built and I'm already seeing cracks and water intrusion. Do I have a claim?
Yes. New construction defects are among the strongest cases — the builder has had the least time to argue pre-existing conditions, the connection between the construction and the damage is clearest, and warranties may still be in effect. Florida law provides homebuilder warranty rights that are separate from the construction defect claim. We evaluate both tracks — statutory warranty claims and negligence claims — and pursue the most effective path for your situation.
The developer says the damage was caused by normal settling. Is that a valid defense?
Developers and contractors frequently use ‘normal settling’ as a defense. Whether it is valid depends entirely on the extent and nature of the movement. Some minor settling is expected. Significant cracking, door misalignment, sloping floors, or water intrusion is typically not normal settling — it indicates either a soil preparation problem, an inadequate foundation design, or a structural defect. A licensed structural engineer can assess the property and provide an expert opinion distinguishing normal settling from construction-caused damage.
My construction defect is 8 years old. Is it too late to file a claim?
Possibly not — but you need to act immediately. Florida’s statute of repose is 10 years from construction completion, and Florida’s discovery rule for latent defects may toll the statute of limitations from when you discovered — or should have discovered — the defect. However, these calculations are fact-specific and the window may be closing. Do not assume it is too late without a legal evaluation. Contact us now.
The builder offered to repair the defect for free. Should I accept?
Not without legal advice first. Builder repair offers sometimes include a release of claims that would prevent you from pursuing additional compensation if the repair proves inadequate or if additional damage is discovered later. Construction defect repairs also need to be properly documented and independently verified. We can review any repair offer and ensure that accepting it does not waive your right to full compensation for all resulting damage.
How much does it cost to pursue a construction defect claim?
Nothing unless we recover for you. We advance all costs including engineering reports, construction expert fees, and litigation costs. Construction defect cases often involve complex engineering evidence — costs that can be significant. We handle this on contingency so that the cost of expert evidence is not a barrier to pursuing your claim. Your initial consultation is free and confidential.
Damages You Can Pursue in Florida Construction Defect Cases
- Cost to repair or remediate all construction defect damage
- Cost to bring defective work up to code
- Consequential damages — mold, water damage, loss of structural integrity
- Diminution in property value
- Temporary housing during remediation
- Attorney’s fees in appropriate cases under Florida law
No Fee Unless We Win
We work on a contingency fee basis:
- Free consultation — no cost to speak with us
- No upfront fees — we advance all case costs
- No attorney fees unless we recover for you
- You will never receive a bill from us while your case is active
Florida Advocates Office Locations
Dania Beach (Headquarters)
45 E Sheridan Street, Dania Beach, FL 33004
North Miami
13499 Biscayne Blvd #107, North Miami, FL 33181
Tampa
238 E Davis Blvd #210, Tampa, FL 33606
Phone: 754-263-4252 | Hours: Monday – Friday 9:00 AM – 5:00 PM | Available by phone 24/7 for emergencies
Construction Defects Lawyers by Location
We represent commercial property owners and businesses throughout Florida: