Who Can Be Held Liable for Construction Defects in Florida?

General Contractors and Construction Companies

General contractors bear primary responsibility for overall project management and quality control. In Florida, general contractors may be held liable for construction defects even when subcontractors perform the defective work under their supervision. Their liability stems from their duty to ensure that all work complies with the Florida Building Code, industry standards, and contractual specifications.

Florida courts have consistently held that general contractors cannot escape liability simply by delegating work to subcontractors. They maintain responsibility for coordinating trades, inspecting work quality, correcting deficiencies, and ensuring that all construction activities comply with applicable building codes and permit requirements.

Subcontractors and Specialty Trades

Subcontractors who perform specific aspects of construction, such as electrical work, plumbing, roofing, HVAC installation, or framing, bear direct liability for defects arising from their particular scope of work. In Florida, subcontractors may be sued individually for negligent performance, regardless of whether the property owner has a direct contractual relationship with them.

Common subcontractor liability scenarios include improperly installed roofing systems that allow water intrusion, defective plumbing that causes leaks and water damage, inadequate electrical work that creates fire hazards, and foundation work that fails to meet engineering specifications.

Developers and Builder-Sellers

Real estate developers and builder-sellers who construct properties for sale occupy a unique liability position in Florida. They can be held responsible for construction defects under multiple legal theories, including breach of implied warranties, negligence, and violations of Florida’s consumer protection statutes.

Florida law implies certain warranties when developers sell newly constructed properties, including warranties that the home is fit for habitation, built skillfully, and free from material defects. These implied warranties extend beyond the developer’s contractual obligations and provide purchasers with additional legal remedies when construction defects emerge after closing.

Architects and Design Professionals

Architects, engineers, and other design professionals may be held liable when construction defects arise from faulty design, inadequate specifications, or failure to supervise construction to ensure that the design intent is realized. In Florida, design professional liability typically arises from negligent design that fails to account for the state’s unique environmental conditions, including hurricane-force winds, heavy rainfall, high humidity, and aggressive termite activity.

Design-defect claims may involve structural engineering failures, inadequate waterproofing specifications, improper material selection for Florida’s climate, or architectural designs that violate applicable building codes. Florida courts recognize that design professionals owe a duty of care to property owners who foreseeably rely on their expertise, even in the absence of direct contractual privity.

Material Suppliers and Manufacturers

Suppliers who provide defective building materials and manufacturers who produce faulty construction products can be held liable under product liability law when their materials contribute to construction defects. Florida’s product liability framework allows property owners to pursue claims for defective materials, whether or not they purchased the materials directly from the supplier.

Liability may extend to manufacturers of defective windows that fail to withstand Florida’s weather conditions, suppliers of substandard concrete that cracks prematurely, producers of defective roofing materials, and manufacturers of building components that fail to meet advertised specifications or industry standards.

Property Managers and Homeowner Associations

In condominium and community association settings, property managers and HOAs may share liability for construction defects when their negligent maintenance or failure to address known deficiencies allows defects to worsen. Florida’s condominium law imposes specific maintenance obligations on associations, and failure to fulfill these duties may increase the scope of damages and extend the period of liability.

Property management liability frequently arises in cases involving delayed repairs to building envelope defects, failure to properly maintain common elements, or inadequate response to warning signs of structural deterioration or water intrusion.

Multiple Parties Can Share Liability

Florida law recognizes that construction defects often result from the combined negligence or contractual breaches of multiple parties. In these cases, liability may be apportioned among all responsible parties based on their respective degrees of fault. This principle of comparative negligence allows property owners to recover damages from any defendant who contributed to the defective condition, regardless of whether other responsible parties are also sued.

Our construction defect attorneys routinely pursue claims against multiple defendants simultaneously, ensuring that all parties who bear responsibility for your damages are held accountable. This comprehensive approach maximizes your potential recovery and prevents any single party from escaping liability by shifting blame to others.

Types of Construction Defects Giving Rise to Liability

Design Defects

Design defects occur when architectural plans, engineering specifications, or construction drawings contain errors, omissions, or inadequacies that result in construction failures. In Florida, design professionals may be liable when their plans fail to account for local building codes, environmental conditions, or foreseeable structural loads.

Material Defects

Material defects involve the use of substandard, defective, or inappropriate building materials that fail to perform as intended. Liability may extend to manufacturers of faulty materials, suppliers who knowingly distribute substandard products, and contractors who install materials they knew or should have known were unsuitable for Florida’s climate.

Construction Defects (Workmanship)

Construction or artistry defects result from improper installation, failure to follow approved plans, or work that fails to meet industry standards. These defects account for the majority of construction defect claims in Florida and may involve any building system or component, from foundation work to roofing installation.

Subsurface or Site Defects

Site defects include improper site preparation, inadequate soil compaction, poor drainage design, or failure to address geotechnical issues before construction. In Florida, where sinkholes, high water tables, and unstable soils present unique challenges, site defect liability may extend to developers, grading contractors, and geotechnical engineers.

Florida’s Statute of Limitations for Construction Defect Claims

Understanding who can be sued is only part of the equation; you must also act within Florida’s strict time limits for filing construction defect claims. Florida law establishes different statutes of limitations depending on the legal theory underlying your claim and when you discovered or should have discovered the defect.

Florida law gives you two overlapping deadlines for most construction defect claims (design, planning, or construction of an improvement to real property): a 4-year statute of limitations that generally runs from when the defect is discovered or should have been found with due diligence, and a separate statute of repose that creates an absolute cutoff even for hidden (latent) defects.

Under Fla. Stat. § 95.11(3)(c), “in any event,” the claim must be filed within 7 years after the earliest of the following events: issuance of a temporary certificate of occupancy, a certificate of occupancy, a certificate of completion, or abandonment if construction is not completed, whichever occurs first. Because the repose period can bar a case even if defects arise late, property owners and associations should act promptly when defects appear and consult counsel early to preserve their rights (this is general information, not legal advice).

Proving Liability in Florida Construction Defect Cases

Successfully establishing liability in a Florida construction defect case requires comprehensive evidence demonstrating that the defendant’s actions or failures caused your damages.

Our construction defect litigation team employs multiple strategies to build compelling cases for our clients:

• We retain qualified expert witnesses, including structural engineers, architects, contractors, and building scientists, who inspect the property, review construction documents, analyze building code compliance, and provide professional opinions regarding the defects, their causes, and responsible parties. Expert testimony is often essential in construction defect cases because establishing that work failed to meet industry standards requires specialized knowledge beyond the understanding of lay jurors.
• We obtain and analyze all relevant construction documents, including architectural plans, engineering drawings, building permits, inspection reports, contractor agreements, subcontractor contracts, change orders, and correspondence between project participants. These documents often reveal critical information about who was responsible for specific work and whether parties fulfilled their contractual obligations.
• We document the full extent of defects through professional photography and videography, destructive testing when necessary, and comprehensive written reports that demonstrate both the visible manifestations of defects and their underlying causes. This documentation is essential for both settlement negotiations and trial presentations.
• We investigate the construction history to determine whether previous repairs were attempted, whether defects were concealed, and whether responsible parties had knowledge of problems before completion. Evidence of attempted cover-ups or prior complaints significantly strengthens liability claims and may support claims for punitive damages.

Damages Recoverable in Florida Construction Defect Cases

When liable parties are identified and held accountable, Florida law allows property owners to recover comprehensive damages that fully compensate for construction defect impacts:

• Repair and Reconstruction Costs: The primary measure of damages in construction defect cases is the reasonable cost to repair or reconstruct the defective work to bring it into compliance with building codes, industry standards, and contractual specifications. Florida courts recognize that property owners are entitled to restoration to the condition they reasonably expected when they purchased or contracted for the property.
• Diminution in Property Value: When complete repair is impractical or when stigma associated with significant defects reduces marketability even after repairs, property owners may recover damages for the difference between the property’s value as built and its value if properly constructed.
• Temporary Housing and Relocation Costs: If construction defects render a property uninhabitable or unsafe during repairs, owners can recover reasonable costs for alternative housing during the repair period.
• Engineering and Expert Investigation Costs: Property owners can recover reasonable expenses incurred in investigating defects and establishing liability, including fees paid to expert witnesses, forensic engineers, and other consultants necessary to document and prove the case.
• Lost Rental Income: For investment properties, owners may recover income lost during repair periods when properties cannot be rented due to construction defect conditions.
• Code Upgrade Costs: When repairs require bringing previously non-compliant work into compliance with current building codes, these additional costs are generally recoverable as consequential damages.
• Attorney’s Fees: In many construction defect cases, particularly those involving contractual claims or violations of Florida’s consumer protection statutes, prevailing property owners may recover their attorney’s fees and costs from liable parties.

Why Should You Choose Williams Law Association for Your Construction Defect Claim?

For nearly 30 years, Williams Law Association, P.A., has fought for Florida property owners facing the devastating financial and safety consequences of construction defects. Our Tampa-based construction defect attorneys combine comprehensive knowledge of Florida’s complex construction law with aggressive litigation strategies that hold all responsible parties accountable.

We understand that construction defect cases require substantial upfront investment in expert analysis, forensic investigation, and comprehensive documentation. That’s why we handle most construction defect claims on a contingency fee basis, meaning you pay no attorney’s fees unless we recover compensation for your damages. This approach allows property owners to pursue justice against well-funded contractors, developers, and insurers without incurring hourly legal fees as their case progresses.

Our construction defect practice encompasses all property types, including single-family homes, condominiums, townhomes, commercial buildings, and mixed-use developments throughout Florida. Whether you’re dealing with foundation failures, structural defects, water intrusion, defective windows, roofing failures, electrical hazards, or any other construction deficiency, we have the experience and resources to build a winning case.

Take Action to Protect Your Rights

If you’ve discovered construction defects in your Florida property, time is of the essence. Florida’s statutes of limitations and statute of repose create strict deadlines that can bar your claims if you delay. Additionally, construction defects often worsen over time, increasing repair costs and potentially creating safety hazards for occupants.

Contact Williams Law Association, P.A. today for a free, confidential consultation about your construction defect concerns. Our attorneys will review your situation, explain your legal options, and help you understand who can be held liable for the defects affecting your property.

Call (813) 288-4999 or toll-free (800) 451-6786 for your free consultation. We serve Tampa, St. Petersburg, Clearwater, Brandon, Riverview, Wesley Chapel, and all surrounding Hillsborough, Pinellas, and Pasco County communities. Since 1995, we’ve recovered over $300 million for Florida property owners.