Construction Defect Attorney in Naples

Types of Construction Defects in Florida

We represent construction defect claims involving: 

• Design defects stemming from architectural or engineering plan errors. 
• Workmanship defects resulting from improper installation or poor trade practices. 
• Material defects involving substandard, defective, or unsuitable building products. 
• Subsurface and site condition defects caused by improper soil compaction, grading, or seawall failure. 

Any of these can cause a structure to fall short of applicable building codes, contract specifications, or the accepted industry standard of care.

The law also distinguishes between patent defects, which are visible on reasonable inspection, and latent defects, which are hidden structural or systemic flaws. Latent defects can take years to surface, which is why Florida’s filing deadlines carry serious consequences.

We often see the following types of defects due to the coastal weather in Naples: 

• Water intrusion and drainage issues from improper flashing, waterproofing, or grading
• Foundation settlement and seawall failures driven by coastal soil and salt-air conditions
• Roof system failures that may not appear until a severe tropical storm
• Florida Building Code violations affecting structural integrity, fire protection, or wind-load compliance

Florida’s Legal Framework for Construction Defect Claims

Florida imposes mandatory procedural steps and strict filing deadlines on construction defect claims. Missing either can extinguish a claim before it reaches a courtroom.

Chapter 558 Pre-Suit Notice Requirements

Before filing a lawsuit, Florida’s Chapter 558 statute generally requires a claimant to serve a written Notice of Claim on the contractor, subcontractor, supplier, or design professional responsible for the alleged defect.The notice must describe each defect in reasonable detail, identify its location, and state any known damage or loss.Written notice must be served at least 60 days before suit is filed, extending to 120 days for claims involving property associations representing more than 20 parcels.If a lawsuit is filed without first satisfying these notice requirements, the court must stay the action upon a timely motion.

We guide clients through the Chapter 558 process from the moment a dispute surfaces, including preparing written Notices of Claim.

Statute of Limitations & Statute of Repose

Two strict deadlines govern construction defect claims:

• Statute of limitations: Under Section 95.11(3)(b) of the Florida Statutes, a construction defect claim must generally be filed within four years of when the defect was discovered or reasonably should have been discovered.
• Statute of repose: Florida Senate Bill 360, effective April 13, 2023, reduced the statute of repose to seven years. The clock runs from the earliest triggering event: issuance of a temporary certificate of occupancy, a certificate of occupancy, a certificate of completion, or the date of abandonment if construction was not completed. Once that seven-year period expires, a claim generally can’t be filed even if the defect was only recently discovered.

This absolute deadline hits latent defects hardest. Issues like water intrusion and structural problems can take years to become apparent, and by the time damage is visible, the repose window may have already closed. Early legal involvement isn’t just useful; for some claims, it can be the difference between having a case and losing the right to bring one.

Contact Us About Your Construction Defect Dispute

Florida’s notice requirements and the seven-year statute of repose mean the clock on a construction defect claim starts running well before damage is obvious. The sooner you involve legal counsel, the more options may remain available. 

Vernon Litigation Group offers same-day appointments when available, consultations in English and Spanish, and the option of in-person or over-the-phone meetings for clients throughout Naples and Collier County.