Florida New Construction Defects: The Time Limits and the Chapter 558 Notice Process

Florida gives a buyer four years to bring a construction-defect action, with a seven-year outside limit, and requires a written Chapter 558 notice at least 60 days before suing. Both clocks start from the building's completion paperwork, not from your closing date. Chapter 558 is a notice-and-repair procedure; it is not a warranty. The statutes are Fla. Stat. 95.11(3)(b) and 558.004, read October 29, 2026. This is general information; a Florida construction-defect attorney can tell you how they apply to your home.

The time limits

• Four years. An action founded on the design, planning or construction of an improvement to real property must be brought within four years. The time runs from the earliest of the date the authority having jurisdiction issues a temporary certificate of occupancy, a certificate of occupancy or a certificate of completion, or the date the contract is abandoned if construction is unfinished. (95.11(3)(b))
• Latent defects. If the defect was not visible, the four years run from when it was discovered or should have been discovered with due diligence. In any event, the action must be commenced within 7 years of the same triggering date. Older articles and some builder documents quote a longer outside limit; the current text says 7 years.
• Model homes and multiple buildings. For a model home the clock starts when a deed first transfers title to another party. Each building in a multi-building project is treated as its own improvement.

The practical point: the clock may have been running for months before you closed. A home that sat completed before you bought it has less of its four years left than a home you closed on the week it received its certificate. Ask the builder or the building department for the certificate dates.

The Chapter 558 notice process

Before filing most construction-defect actions, a claimant serves a written notice of claim that references Chapter 558. (558.004)

Step	Deadline
Serve the notice before filing	At least 60 days (120 days for an association representing more than 20 parcels)
Noticed party may inspect	Within 30 days of service (50 days for associations); the claimant must give reasonable access during normal working hours
Written response	Within 45 days of service (75 days for associations)
Claimant accepts or rejects a timely offer in writing	Within 45 days of receiving it
Limitations period tolled	Until the later of 90 days (120 where applicable) after service, or 30 days after the repair or payment period ends if the offer was accepted. The notice does not toll any statute of repose under chapter 95 (558.004(1)(d))

The response can be an offer to repair at no cost with a description and timetable, a monetary settlement offer, a combination, a written statement disputing the claim and refusing to repair or settle, or a statement that the insurer will decide any payment within 30 days. If a claimant sues without responding to a timely offer, the court must stay the action on timely motion. Destructive testing requires written notice and mutual agreement and cannot make the property uninhabitable.

What this means before you close

Chapter 558 is sometimes described as a built-in warranty. It is not: it sets how a claim is raised, not what the builder promised. Get the actual warranty documents before closing and read what is covered, what is classed as cosmetic or maintenance, and how and when to report a problem. Put the certificate of occupancy date, the closing date and any warranty period on one calendar, and have an independent inspector look at the home before closing; the checklist for that stage is in the new construction buyer guide, and how new compares with resale is in new construction vs resale in Orlando. Add CDD and HOA costs to your numbers with the buyer net sheet.

Sources (statute text read October 29, 2026): Fla. Stat. 95.11 (limitations and repose for construction actions); Fla. Stat. 558.004 (notice and opportunity to repair).

Ryan Solberg is the broker-owner of MaxLife Realty. This is general information, not legal advice. Deadlines depend on your facts; consult a Florida attorney before relying on them.