The state of Florida has enacted legislation defining how builders are to address construction defects. This law was enacted primarily because of pressure brought by consumer advocate groups responding to the high incidence of complaints in dealing with builders to resolve differences over alleged construction defects.
The homeowner or claimant must serve a notice of claim within 15 days after discovery of an alleged construction defect. Failure to file a claim within the notice period will not bar an action, i.e., lawsuit. Within 10 days after service of the notice of claim the contractor or his sub-contractors, or design professionals have the opportunity to inspect the defect within 5 business days of receiving a copy of the notice of claim.
The claimant will provide the contractor or his associates reasonable access to inspect the defect during normal working hours to determine the nature and extent of the problem. Prior to performing any destructive testing, the contractor must notify the claimant in writing of the type of testing and damage anticipated by the testing in addition to any works to repair the damage caused by the testing. Once the contractor has received the notice of claim, he must report back to claimant within 25 days with a written response.The builder's or contractor's response must state that the defect will be remedied at no cost to the claimant, or offer a compromise to settle the claim in which monetary funds will be paid within 30 days of acceptance of the offer to settle. If the contractor or his associates have offered to remedy an alleged construction defect or offered a compromise to settle a claim with a monetary payment, the written response must contain a statement in which the claimant shall be deemed to have accepted this offer if a written statement is not served by the claimant within 15 days.
Home owners are advised to pay strict attention to these mandated response times, and send all complaints, offers and counter-offers via registered or certified mail. If the builder or contractor refuses to remedy the alleged defect and/or does not offer a compromise to settle the dispute, the homeowner may proceed with litigation. In rejecting a claim or offer tendered by the builder, the homeowner's letter to the builder must use the word "rejected," and be sent by registered or certified mail. By the same token, if the homeowner accepts the builder's offer or compromise, but the builder fails to follow through, the homeowner can also proceed with an action against the builder without delay. It is extremely important that the homeowner follow the legal procedures very carefully, otherwise the claim will be inadmissible in future action or lawsuits. This law took effect on May 27, 2003.