File A Construction Defect Claim With A Trial-Ready Miami Lawyer

Last updated on October 3, 2025

If you invested in a new construction property or a major renovation, discovering structural defects, water intrusion or severe building code violations can be a financial nightmare. These problems can pose safety risks and incur a high cost of repairs. It can also lead to a significantly diminished property value.

At Graham Legal, P.A., we understand the stress and betrayal investors feel when substandard work threatens their investment. We are seasoned construction defect attorneys with over 45 years of combined experience fighting on behalf of homeowners, businesses and homeowner associations (HOA) in Florida. If you are considering pursuing construction defect litigation, we can help you seek justice against all responsible parties.

Common Construction Defects In These Cases

Construction defects come in many forms, usually categorized by the source of the problem. We routinely encounter claims involving:

• Design defects: Errors made by the architect or engineer during the planning phase, such as designs that failed to support the building’s weight or plans that caused water to collect and leak
• Material defects: Using poor-quality or insufficient materials, such as poor-quality stucco or defective piping, which led to premature structural failure
• Workmanship defects: Issues of faulty workmanship, where the general contractor or subcontractor failed to meet accepted industry standards or plans
• Building code violations: Failure to comply with state or local regulations, often leading to issues such as defective electrical systems or safety hazards

Florida has a humid environment, which can make roof leaks and water intrusion common. If the construction or renovation of your property was subpar or negligent, these issues can cause mold and hidden structural damage. Not only can this make a property uninsurable and difficult to sell, but it can also immediately reduce its value far below the repair costs.

Who Can Be Held Liable For The Defects?

As your construction defect attorneys, we will seek legal remedies from every entity responsible for your loss. Depending on the nature of the defect and the specifics of your situation, you may be able to file a claim based on a breach of contract or negligence against:

• The general contractor or builder, if the issue is a direct result of their supervision and execution of the work
• Subcontractors, if they are responsible for the specific trades related to the damage, such as roofing, plumbing or electrical system
• The developer who oversaw the entire project planning and execution
• Design professionals, including the architect or engineer, if the damage was related to design flaws

In Florida, the statute of limitations for claims involving construction defects is four years from the date of actual possession by the owner, or the date of the issuance of a temporary certificate of occupancy or a certificate of occupancy, whichever date is earlier.

The clock for a hidden defect may not begin until you discover it, but you cannot file a claim more than seven years after the earliest of the following dates (known as the statute of repose): actual possession by the owner, the issuance of a temporary or final certificate of occupancy, or the completion of the contract or abandonment of the project. It’s important to consult with a construction defect lawyer to confirm what might apply to your case.

The First Step: A Florida Chapter 558 Notice

Under Florida construction defect laws, specifically Chapter 558 of the Florida statutes, a property owner must serve a notice of claim to the responsible parties before filing a lawsuit. This provides them with an opportunity to inspect the alleged defect and resolve the claim.

As your construction defect attorneys, we will manage this entire process for you. We will draft the formal notice of claim, coordinate the property inspection and analyze the response from the builder or contractor. If the company or business does not agree to repair the defect or offer reasonable financial compensation, we are fully prepared to take the next step: taking your case to court.

Hold Your Builder Or Contractor Accountable. Call Us Today.

Every investment has its risks. However, you should not have to suffer financial loss when it’s due to another party’s subpar work. If your builder or contractor refuses to correct or compensate for faulty workmanship, you need lawyers who are ready to advocate for you in court. Call us at 305-990-0514 or fill out our online form to schedule a consultation. We also offer our legal services in Spanish.