Summary
Construction lawsuits are everywhere in Florida, but what’s the number one cause? While it would be nice to point to a single culprit, the truth is more complicated. Different sources rank different risks as the most pressing, but construction defects consistently show up near the top of the list, especially in Florida’s high-stakes environment. In this blog, I’ll explain why construction defect claims are such a driver of litigation, how Florida’s Chapter 558 process fits into the picture, and why pinning down a single “biggest cause” is trickier than it looks.
Why There’s No Clear #1 Cause
When it comes to construction lawsuits, every lawyer, insurer, and contractor has their own “biggest headache.” For insurers, worker safety claims might top the charts one year, while defect litigation spikes the next. Publications like Risk & Insurance have called defect claims one of the top challenges facing contractors, second only to safety issues (Source: Risk & Insurance). Law firms like Seyfarth Shaw describe construction defect litigation as an “evergreen” problem—meaning it never really goes away, it just keeps resurfacing (Source: Seyfarth Shaw LLP).
The challenge in declaring a single #1 cause comes down to how the data is sliced. Worker safety issues, payment disputes, and contract breaches are all common sources of conflict. But in Florida, where condos, high-rises, and coastal structures dominate the landscape, defects have an outsized role in shaping the litigation landscape. A crack in a beam or a poorly waterproofed façade in Miami can trigger a multimillion-dollar case.
The Central Role of Construction Defects
So let’s talk defects. A construction defect lawsuit is essentially a claim that something in the building was built wrong, designed wrong, or installed wrong, and that the defect has caused damage or risk. Think water intrusion through improperly sealed windows, spalling concrete on a parking garage ceiling, or roofs that fail long before their advertised lifespan.
In Florida, where salt, humidity, and hurricanes conspire against buildings, defects aren’t just annoying—they can quickly become catastrophic. That’s why defect claims are not just frequent; they’re expensive. Litigation can stretch for years, involve dozens of parties, and rack up seven-figure legal bills before a single repair is even made.
The Florida Twist: Chapter 558
Here’s where Florida’s unique legal framework comes in. Chapter 558 of the Florida Statutes—formally known as the “Florida Construction Defect Statute”—was created as an alternative to immediate lawsuits. Lawmakers realized that sending every crack and leak straight into a courtroom was inefficient, so they designed a pre-suit process intended to encourage resolution without clogging the courts.
For property managers and board members, understanding this process is crucial because it often dictates the timeline and strategy when a defect is discovered. Chapter 558 requires the party claiming a defect—often a condo association or property owner—to send written notice of the defect to the contractor, subcontractor, supplier, or design professional before filing a lawsuit. Once notice is given, the contractor has the opportunity to inspect the alleged defect, request documents, and even make a repair or settlement offer.
From a manager’s perspective, this can feel like a waiting game. You’re dealing with angry residents, visible damage, and maybe even safety concerns, but the statute imposes deadlines and procedures that must be followed before jumping into court. The contractor, for their part, may deny the defect, blame a different trade, or argue that maintenance failures caused the problem. All of this unfolds while the clock ticks and the building continues to deteriorate.
What makes Chapter 558 both useful and frustrating is that it doesn’t always prevent litigation—it just sets the stage. Many claims still end up in court after the notice and response process, but the statute does force the parties to at least try to resolve issues first. For property managers, this means being prepared with good records, inspection reports, and engineering opinions. It also means communicating with residents about why things may take months before seeing actual repairs or resolutions.
Another wrinkle is insurance. Many construction professionals must notify their insurers as soon as they receive a Chapter 558 notice. That means the insurance company may start directing the strategy, which can complicate negotiations. Property managers should understand that insurers aren’t in the business of writing blank checks, and they will look for any reason—scope disputes, maintenance failures, missed deadlines—to limit their liability.
The key takeaway for managers is this: Chapter 558 is not optional. Ignoring it or trying to “speed things up” can backfire legally. Instead, professionals should lean on experienced construction attorneys and engineers to navigate the process. As frustrating as the statute can be, it’s part of the framework that governs how Florida addresses defect claims, and it will almost certainly play a role in any significant construction dispute your property faces.
Why Florida Professionals Should Care
For those managing condos or commercial buildings, the Chapter 558 process can feel like bureaucracy at its worst. But it’s also your opportunity to gather evidence, show that your association is acting in good faith, and build leverage for either a settlement or litigation. Skipping steps or failing to provide proper notice can put your building at a disadvantage.
And remember: defect claims in Florida don’t just affect the people directly involved. They ripple through the industry, raising insurance premiums, stalling repair projects, and influencing how engineers and contractors write their contracts. For managers, that means more oversight, more paperwork, and sometimes more headaches—but also the chance to protect your building’s value and residents’ safety by staying on top of the process.
Different Perspectives
Some in the industry argue that Chapter 558 only delays the inevitable. They claim that if a defect is serious enough to warrant notice, the case is bound for litigation anyway. Others criticize the statute for giving contractors a “second bite at the apple,” allowing them to patch over issues without real accountability. Still others feel the process is tilted against associations and property owners, who must continue to live with the defect while the legal back-and-forth unfolds.
While these critiques aren’t entirely baseless, they miss the bigger picture. The statute was never intended to be a magic fix; it was meant to create breathing room and encourage resolution before lawsuits spiral out of control. In practice, it has led to settlements and repairs that might not have happened otherwise. And for managers, it provides a structured framework—imperfect though it may be—that is better than being thrown immediately into years of litigation.
Disclaimer
This blog is not meant to provide legal advice. It is for informational purposes only. Construction defect law and litigation are highly complex, and no single article can cover every nuance. If you are facing a potential defect claim or construction dispute, always consult a licensed attorney who specializes in construction law.
Bibliography
Source: Risk & Insurance – “Top Construction Risks”
Source: Seyfarth Shaw LLP – Construction Litigation Outlook
Source: Florida Statutes, Chapter 558 – Construction Defect Statute
Source: American Bar Association – Construction Defect Litigation Trends
Source: Engineering News-Record – Legal Landscape of Construction Defects
For additional information you can access the following:
- Florida Statutes Online – www.leg.state.fl.us
- American Bar Association – www.americanbar.org
