Florida Governor Ron DeSantis recently signed H.B. 623 into law on April 15, 2024, creating a new section 553.837, Florida Statutes, which will require builders to provide a one-year warranty for all newly constructed homes.
Typically, property owners can file a claim under Florida's construction defect laws, which are designed to protect consumers from shoddy workmanship. One common remedy is to file a breach of contract claim. If the builder or contractor did not meet the agreed-upon standards, the property owner may sue for damages.
Every state places a time limit on how long a construction business is liable for alleged defects. In Florida, the time limit to make a claim is generally 4 years from when the defect is discovered (or should have been discovered), under Florida's statute of limitations for defect claims.
How does the statute of limitation work? The Florida statute of limitation requires that a claim alleging defect in a construction project must be made within 4 years after completion of the contractor's work. (The period is 10 years for claims arising out of latent defects.)
Construction Law and the 'Right to Cure' Statute of Limitations California 4 years for contracts 2 years for personal injury 3 years for property damage Colorado 3 years for contracts 2 years for torts Connecticut 6 years for contracts 3 years for torts 2 years for negligence Delaware 3 years for contracts 2 years for torts47 more rows
The legislation, which will take effect on July 1, 2025, creates a new section in the Building Code (chapter 553, Florida Statutes) that will require Florida builders to provide a one-year warranty for all newly constructed homes “for all construction defects of equipment, material, or workmanship furnished by the ...
The 7th Edition (2020) FBCEB is the base code for the 8th Edition (2023) FBCEB. The model code used to update the 8th Edition (2023) FBCEB is the 2021 International Existing Building Code (IEBC). However, not all changes in the 2021 IEBC are included in the 8th Edition (2023) FBCEB.
This allows homeowners to bring forth claims against contractors or builders within seven years of the completion date of their project. Furthermore, the updated statute also includes provisions for model homes and clarified language for townhomes and condominiums.
New construction means no one has lived in the home. After it has tenant or an owner it is no longer new construction.