Why Construction Defects Keep Florida Lawyers Busy (and Why It’s Complicated to Find the #1 Cause of Lawsuits)

Summary

Construction lawsuits in Florida can stem from many different sources: defects, delays, payment disputes, safety violations, and more. While it’s tempting to crown a single “#1 cause,” the truth is that the industry is too complex and dynamic for such a simple answer. Still, one issue rises to the top again and again: construction defects. In this blog, I’ll explain why, cite what the industry says, and walk you through Florida’s unique Chapter 558 process.

Disclaimer: This blog is for informational purposes only and is not intended as legal advice. If you are facing a construction-related dispute, always consult with a qualified attorney for guidance specific to your situation.

Why There’s No Clear “#1 Cause” of Lawsuits

If you ask ten lawyers and ten contractors what causes the most lawsuits in construction, you’ll probably get twenty different answers. That’s because the construction world is a complicated stew of money, schedules, codes, materials, contracts, and human error. One year, payment disputes may dominate; another year, it might be workplace safety.

That said, construction defects consistently appear at or near the top of every list of legal headaches in the industry. Risk & Insurance, for example, ranks defect claims as one of the top litigation risks contractors face, right alongside worker safety issues (Source: Risk & Insurance, 2022). The law firm Jones Day has called defect litigation an “evergreen” challenge for builders, meaning it never goes away (Source: Jones Day Construction Litigation Report, 2023).

In Florida specifically, several legal publications note that defect litigation remains a leading driver of disputes, although there is no single authoritative ranking that declares it the undisputed #1 cause (Source: Florida Bar Journal, 2021).

Why Construction Defects Lead the Pack

Defects can arise from:

• Design flaws – Plans that don’t meet code or aren’t constructible.
• Workmanship errors – Mistakes in concrete, waterproofing, roofing, stucco, etc.
• Material failures – Products that don’t perform as advertised.
• Maintenance gaps – Buildings where routine upkeep isn’t done, leading to damage blamed on construction.

Florida is particularly defect-prone for three reasons:

1. The coastal climate – Salt, humidity, and hurricanes are unforgiving.
2. Aging building stock – Many condos built in the 1970s–90s are now showing their age.
3. Rapid development – Fast construction cycles sometimes lead to quality shortcuts.

It’s the perfect recipe for disputes. And when problems show up years later, lawyers get called.

Chapter 558: Florida’s Pre-Lawsuit Process

In Florida, defect disputes are supposed to go through Chapter 558 of the Florida Statutes before hitting the courtroom. This is called the “pre-suit notice and right-to-cure” process. Here’s how it works:

1. The property owner (or condo association) serves a notice of construction defects to the contractor, design professional, or supplier.
2. The contractor has the right to inspect the alleged defects.
3. The contractor can respond with an offer to repair, settle, or reject the claim.
4. If no resolution is reached, then a lawsuit may follow.

The intent was to reduce lawsuits by encouraging settlement before trial. In practice, many say it just adds another procedural step without cutting down litigation much (Source: Florida Statutes Chapter 558; Florida Bar Journal, 2021).

Different Perspectives

Some attorneys argue that payment disputes or delays actually generate more claims than defects. That’s true in certain markets—especially in heavy civil or public projects where change orders and late payments run rampant. Others point to OSHA violations and worker injuries as massive sources of liability.

But here’s the difference: many of those disputes settle faster, while defect litigation tends to drag on for years. Defect cases involve layers of experts, destructive testing, insurance carriers, and finger-pointing between contractors, subs, architects, and suppliers. That’s why, while not always the “most numerous,” they remain the most feared and expensive lawsuits in Florida construction.

Bibliography

• Source: Risk & Insurance, “The Top Litigation Risks in Construction,” 2022.
• Source: Jones Day, “Construction Litigation Report,” 2023.
• Source: Florida Bar Journal, “The Ongoing Challenge of Defect Claims,” 2021.
• Source: Florida Statutes Chapter 558 (leg.state.fl.us).
• Source: American Bar Association, “Managing Construction Defect Litigation,” 2022.

For additional information you can access the following:

• Associated General Contractors of America – www.agc.org
• Florida Bar – www.floridabar.org

Cause of Lawsuit	Typical Triggers	Florida Angle	Legal Framework / Notes	Common Parties Involved	Key Evidence Sought	Risk/Cost Profile (Low/Med/High)	Typical Resolution Path
Construction Defects (Design/Workmanship/Materials)	Water intrusion; concrete spalling; envelope failures; code noncompliance; latent defects	Coastal exposure, aging condos, milestone inspections and SIRS driving discovery	Ch. 558 pre-suit notice; statute of limitations/repose; condo statutes; building code	Owners/HOAs, GCs, subs, design professionals, manufacturers, insurers	Destructive testing, expert reports, plans/specs, photos, NOAs, inspection logs	High	Pre-suit Chapter 558 process → mediation/repair offer → litigation if unresolved
Payment / Nonpayment (Breach, Retainage, Final Pay)	Withheld progress payments; disputed retainage; change-order nonpayment	Frequent in boom/bust cycles and hurricane rebuilds	Florida lien law (construction liens); contract pay-when-paid clauses	GCs, subs, owners, lenders, sureties	Pay apps, lien releases, schedule of values, emails, contract terms	Medium	Demand letters → liens → mediation/arbitration → litigation
Delay / Disruption / Acceleration	Schedule overruns; owner changes; RFIs; unforeseen conditions; productivity loss	Hurricane season impacts; utilities/permits; condo access logistics	Liquidated damages; no-damage-for-delay clauses; Eichleay formulas in some cases	Owners, GCs, subs, schedulers, experts	Baselines/updates (CPM), daily reports, RFIs, weather logs	Medium to High	Negotiated COs → mediation → arbitration/litigation
Insurance Coverage Disputes	Denial based on workmanship exclusions; collapse definitions; water damage exclusions	Post-storm claims; interplay with property and CGL policies	Policy language; notice requirements; appraisal provisions; bad-faith statutes	Owners/HOAs, carriers, contractors, public adjusters	Policies, claim files, engineering reports, photos, timelines	Medium to High	Appraisal/mediation → coverage litigation
Change Orders / Scope Creep	Disputed scope; pricing markups; undocumented directives	Common in façade and concrete repair where hidden damage appears	Contract notice provisions; written-change-order clauses	Owners, GCs, subs, inspectors	CO logs, meeting minutes, emails, field directives	Medium	Negotiation → mediation → litigation/arbitration
Design Errors vs. Constructability Conflicts	Unbuildable details; coordination clashes; RFIs stall progress	High-rise envelope details; NOA mismatches; floodplain elevations	Standard of care for professionals; economic loss doctrines	Owners, A/E teams, GCs, BIM coordinators	Plans, clash-detection reports, RFI logs, addenda	Medium	Negotiation among A/E & GC → mediated settlement → suit if unresolved
Safety / OSHA Claims (Spillover Civil Liability)	Serious injuries; fall protection failures; trenching incidents	Roofing and high-rise work; scaffolding; hot South FL climate risks	OSHA regs; workers’ comp exclusivity; third-party liability angles	Injured workers, employers, subs, site safety firms	OSHA findings, safety manuals, JSAs, training records, videos	High (human and financial)	Agency investigation → comp/third‑party suits
Warranty / Punchlist / Latent Defects	Post-turnover failures; owner move-in complaints; stucco/roof leaks	Condo turnovers; developer-to-association transitions	Contractual warranty clauses; implied warranties; statutes of repose	Developers, HOAs, GCs, subs	Warranty logs, service tickets, punchlists, photos	Low to Medium (can escalate)	Notice to warrantor → repair/replacement → litigation if denied
Bond / Surety Claims	Performance default; nonpayment to subs/suppliers	Public work; hurricane rebuilds with tight schedules	Miller Act/Little Miller Act; bond forms and conditions precedent	Owners, GCs, sureties, subs, suppliers	Bond, notices, default letters, takeover agreements	Medium	Surety investigation → takeover/tender → litigation
Procurement / Bid Protests (Public)	Award disputes; responsiveness/responsibility challenges	Counties/municipalities, school boards, FDOT work	Local ordinances; Florida APA; protest deadlines	Bidders, agencies, evaluators	Bid tabs, scoring sheets, proposals, RFP addenda	Low to Medium	Administrative protest → hearing → appeal