Breach of Construction Warranty Claims

A breach of construction warranty claim arises when a builder, developer, or contractor fails to deliver a project that conforms to contractual guarantees, building codes, or mandatory statutory standards. Construction warranties generally fall into two categories: express warranties, which are explicitly detailed within the construction contract, and implied warranties, which are automatically created by law to guarantee structural integrity, code compliance, and workmanship. When a material defect surfaces and the responsible party refuses to remediate the damage, property owners must initiate a formal legal process to enforce their rights and recover repair costs.

Litigating construction defects requires strict adherence to state-specific statutory frameworks. Our trial team handles breach of warranty actions under the governing laws of Florida, Texas, and Colorado:

Florida: Residential claims are subject to Florida Statute § 553.837, which mandates a one-year builder warranty against construction defects and material violations of the Florida Building Code. For broader construction defect litigation, actions must comply with the Chapter 558 pre-suit notice process. Under Fla. Stat. § 95.11, claimants must navigate strict statutes of limitations and a strict statute of repose for latent defects.

Colorado: Construction defect and warranty claims are governed by the Construction Defect Action Reform Act (CDARA) under C.R.S. § 13-20-801 et seq. CDARA strictly controls the type of expert evidence required, limits the recovery of non-economic damages, and defines the legal obligations of “construction professionals.”

Texas: Construction warranty disputes are heavily regulated by the Texas Residential Construction Liability Act (RCLA), codified under Texas Property Code Chapter 27. The RCLA governs any action to recover damages arising from a construction defect, overriding conflicting contract terms and setting mandatory pre-suit protocols.

Filing a breach of construction warranty claim follows a rigid procedural pipeline. Deviating from these steps or missing statutory deadlines can result in the automatic dismissal of your lawsuit.

Identify and preserve evidence of the physical failure (e.g., structural cracks, water intrusion, foundation movement). Retain independent forensic engineers or architects to inspect the property, determine the root cause, and draft an expert report detailing the scope of the construction defect.

Serve a formal, written notice of claim to the responsible builders or contractors. This step is legally required before a lawsuit can be filed:

1. 1. Florida (Chapter 558): Notice must be served at least 60 days prior to filing suit (120 days for multi-family associations).
   2. Texas (RCLA): Written notice must be sent via certified mail at least 60 days before filing an action.
   3. Colorado (CDARA): Notice of Claim must be served at least 75 days before filing suit (90 days for commercial properties).

The contractor maintains a legal right to inspect the alleged defects within a statutorily defined window (typically 30 days). Following the inspection, the builder has the opportunity to tender a written offer to settle the claim, either through a monetary offer, an offer to repair the damage at their expense, or a combination of both.

If the construction professional denies liability, fails to respond, or offers an inadequate settlement, formal litigation is initiated. The complaint will assert causes of action for breach of express warranty, breach of implied warranties (such as the implied warranty of habitability or good workmanship), and breach of contract.

When a breach of construction warranty is proven in court, the damages awarded are designed to make the property owner whole. Depending on the state jurisdiction and the terms of the underlying contract, actionable remedies include:

FGC Attorneys represents commercial owners, residential policyholders, and community associations facing extensive property damage due to defective workmanship or materials. Contact our firm to review your project specs, contract terms, and statutory deadlines with our team.