How long does Florida give you to sue over a construction defect?
Florida caps construction-defect lawsuits at 7 years. The clock starts when the local authority issues the certificate of occupancy (CO), a temporary CO or a certificate of completion, whichever comes first, and it applies even to hidden defects nobody could have spotted at closing. The rule sits in section 95.11 of the Florida Statutes, as of the 2026 text.
That window used to be 10 years. Chapter 2023-22, signed on April 13, 2023 and effective immediately, cut it to 7. Warranty repairs do not reset anything: when the home was permitted and received a CO, fixing a defect under warranty does not extend the deadline to file suit.
For the new-versus-resale question, this is simple arithmetic. On a new home, the clock starts with your CO. On a resale home, it started with the first owner's. A six-year-old house has very little statutory protection left, and any builder warranty only covers what remains of each term.
- Serve the builder written notice at least 60 days before filing suit (120 days for an association representing more than 20 parcels).
- The builder may inspect the property within 30 days.
- Within 45 days, the builder must respond in writing with an offer to repair, a settlement offer or a denial.
- The notice does not pause the 7-year limit, so waiting until the last months is a real risk.
The pre-suit steps come from section 558.004. Talk to a Florida-licensed attorney before sending any notice.
Sources: Florida Statutes 95.11 (2026) · Laws of Florida, ch. 2023-22 · Florida Statutes 558.004 (2026)
What does a new Pulte home warranty actually cover?
Pulte splits its coverage into tiers. Purchase agreements signed on or after September 1, 2024 fall under the August 2024 National Warranty Book; earlier contracts use the prior version, as the Pulte warranty page explains.
| Term | Coverage |
|---|---|
| 1 year | Materials and workmanship |
| 2 years | Plumbing, electrical, heating, ventilation, air conditioning and other mechanical systems |
| 5 years | Certain types of water infiltration and internal leaks |
| 10 years | Structural elements: footings, bearing walls, beams, trusses, rafters, columns, subfloor and roof sheathing |
Three fine-print points matter. The warranty transfers to a later owner who takes title within the coverage period, which helps if you resell. A structural element only counts as defective when there is actual physical damage that reduces its load-bearing ability, so cosmetic cracking is a different conversation. And the book contains a binding arbitration clause under the Federal Arbitration Act, so warranty disputes do not go straight to court.
The book has no explicit exclusion for homes used as short-term rentals, but that is not the same as confirmed coverage. Only the community's own purchase agreement settles it, and Aquamara's has not been released yet.
Sources: Pulte, 10-Year Warranty (as of November 14, 2026) · Pulte National Warranty Book, August 2024 (PDF)
Which building code applies to each house?
The 8th edition (2023) of the Florida Building Code is in force today. The 9th edition (2026) takes effect on December 31, 2026, according to the Florida Building Commission workplan. Miami-Dade County spells out the practical rule: permit applications submitted on or after December 31, 2026 follow the 9th edition.
In other words, the permit application date sets the code. A resale home was approved under whatever code applied when it was built. A home in a community launching now could land under either edition, depending on when the builder files each permit, so it is a fair question to ask in writing when you pick a lot.
If construction materially violates the code, section 553.84 gives the owner a civil cause of action against whoever committed the violation. Where the work was permitted, plan-approved and inspected, that claim only applies if the party knew or should have known about the violation.
Sources: Florida Building Commission, October 2026 workplan (PDF) · Miami-Dade County, 9th Edition FBC (PDF) · Florida Statutes 553.84 (2026)
Does roof age affect homeowners insurance in Florida?
It does, within limits set by statute. Under section 627.7011, an insurer cannot refuse to write or renew a policy solely because of roof age when the roof is less than 15 years old.
Once a roof reaches 15 years, the insurer must accept an inspection paid for by the owner. If that inspection shows at least 5 years of useful life remaining, age alone is no longer grounds to refuse coverage. A new home starts with a brand-new roof; on a resale, ask for the roof age and the date of any replacement early.
Premiums vary by carrier and by house and were not researched for this page. For coverage basics, read the Florida home insurance guide and speak with a Florida-licensed insurance agent. Daniel also summarizes the policies foreign owners typically need on his site.
Sources: Florida Statutes 627.7011 (2026)
What should you check before signing, new or resale?
The checklist changes with the type of home. None of it replaces reading the contract with an attorney.
| Item | New builder home | Resale home |
|---|---|---|
| Warranty | Get the Warranty Book that applies to your contract | Confirm whether a transferable warranty remains and how much of each term is left |
| Building code | Ask whether the lot permit falls under the 8th or 9th edition | Find the year of the original permit and of any remodels |
| 7-year limit | Starts with your CO | Already running since the original CO |
| Roof | New | Age, replacement date and, at 15+ years, an inspection |
| Disputes | Binding arbitration clause | Depends on the history and the original builder |
New construction has its own traps, which Daniel covers in his piece on buying a new build without an agent. For the legal surprises that catch out-of-state and overseas buyers, see avoiding legal surprises when buying in Orlando.
Sources: Pulte National Warranty Book, August 2024 (PDF) · Florida Statutes 95.11 (2026) · Florida Statutes 627.7011 (2026)
Aquamara
Where Aquamara fits
Aquamara is new Pulte construction. A buyer there starts every warranty term at their own closing, the 7-year clock at their own CO, and the first insurance quote with a new roof. Pricing, floor plans, the purchase agreement and the warranty version for the community have not been released yet.
If you are weighing a purchase before the home is built, the pre-construction buying guide walks through the steps. Daniel tracks the launch on his Davenport project page and sends documents to the Aquamara VIP list as soon as Pulte publishes them.
Frequently asked questions
If I sell, does the Pulte warranty go to the buyer?
Yes. Pulte's warranty page says it transfers to a later owner who takes title within the coverage period. The buyer only gets what is left of each term, counted from the original closing.
Do warranty repairs give me more time to file a defect lawsuit?
No. Under section 95.11, when the home was permitted and received a certificate of occupancy, repairs made under warranty do not extend the 7-year deadline.
Is a home used as a short-term rental still covered by the warranty?
The August 2024 Warranty Book has no explicit rental exclusion, but that does not confirm coverage. It depends on the community's purchase agreement, which for Aquamara has not been released.
Can I insure a house with a 16-year-old roof in Florida?
Possibly. The insurer must accept an owner-paid inspection, and if the roof has at least 5 years of useful life left, it cannot refuse based on age alone. Confirm with a licensed insurance agent.
Published . Updated . For information only; not legal, accounting or tax advice.