Construction Litigation

How do I sue a developer for construction defects?

Document the defect with engineers and contractors, identify the contracting party and warranty layer, calendar Alabama's seven-year Article 13A repose or Florida's ten-year repose, satisfy any pre-suit notice requirement (Florida Chapter 558), and file in the appropriate forum — circuit court or arbitration depending on the contract.

Developer-defect litigation is technical, deadline-driven, and dispositive of association reserves. Get the early steps right or lose the claim entirely.

Step 1 — Document the defect.

Engage forensic engineers, contractors, or building consultants to document the defect in writing, photographs, and (where applicable) destructive testing. Many defect cases are won or lost on the quality of the early expert documentation.

Step 2 — Identify the contracting party.

Was the contract with the developer? The general contractor? A specific subcontractor for the defective component? Each has different liability rules. The contracting party drives the forum, the warranty applicable, and the available defenses.

Step 3 — Calendar the repose period.

Alabama's Article 13A repose is seven years from substantial completion. Florida's is ten years from substantial completion. These are hard cutoffs that cannot be tolled by late discovery. Many post-turnover defect cases face this question first.

Step 4 — Satisfy pre-suit notice.

Florida Chapter 558 requires pre-suit written notice and an opportunity to inspect and offer repair. Alabama has no analogous statute but contracts often have notice-and-cure provisions. Skipping the notice can be fatal.

Step 5 — Choose the forum.

The contract's dispute-resolution clause governs. AIA contracts typically arbitrate; custom contracts may go to circuit court; condominium documents may have specific dispute-resolution requirements. The forum drives discovery, expert practice, and remedy.

For more, see our construction practice.

Quick reference

  1. Document the defect. Forensic engineers, contractors, destructive testing where appropriate.
  2. Identify the contracting party. Developer, GC, or specific subcontractor — each has different liability rules.
  3. Calendar the repose. Alabama: 7 years. Florida: 10 years. Hard cutoffs.
  4. Satisfy pre-suit notice. Florida Chapter 558 or contract notice-and-cure provisions.
  5. File in the contractual forum. Arbitration or circuit court per the contract's dispute-resolution clause.

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