Overview
Adams Homes operates in the Pensacola, Jacksonville, Tampa, and Orlando markets in Florida. The company's headquarters are in Pensacola, making Florida a core market for the builder. Adams Homes focuses on affordable, entry-level new construction with standardized floor plans.
Florida has a statutory right to cure process (Fla. Stat. 558) that requires written notice to the builder before filing suit for construction defects. Florida also has a ten-year statute of repose for latent defects and a four-year statute of limitations for construction defect claims. Florida courts have addressed the enforceability of implied warranty waivers in new construction contracts.
How Florida Law Affects Your Contract
The following analysis examines how Adams Homes's documented contract patterns interact with Florida consumer protection law.
Florida Right to Cure Act (Fla. Stat. 558)
Florida law requires homeowners to provide written notice to the builder at least 60 days before filing a lawsuit for construction defects. The builder has the right to inspect and offer to repair. This statutory process must be followed to preserve legal claims.
Implied Warranty of Habitability
Florida recognizes an implied warranty of fitness and merchantability in new home construction. Contractual waivers of implied warranties may face scrutiny under Florida law. Buyers should consult a local attorney about the enforceability of any habitability waiver in their contract.
Arbitration Clause Enforceability
Florida courts generally enforce mandatory arbitration clauses in residential construction contracts, consistent with the Federal Arbitration Act. However, unconscionability challenges have succeeded in some cases. Buyers should review arbitration provisions carefully.
Ten-Year Statute of Repose
Florida's statute of repose for latent construction defects is ten years from the date of completion, actual possession, or issuance of a certificate of occupancy, whichever occurs last (Fla. Stat. 95.11(3)(c)). Buyers should document all defects within this window.
Florida Legal History
No state-specific litigation involving Adams Homes in Florida has been identified in public records as of this writing.
Relevant Florida Laws
Requires a 60-day written notice to the contractor before filing a construction defect lawsuit, giving the builder an opportunity to inspect and offer a repair.
Florida courts recognize an implied warranty that new homes will be habitable and constructed in a workmanlike manner. Contractual waivers of this warranty may be found unenforceable.
Florida maintains one of the most comprehensive building codes in the United States, with particular emphasis on hurricane and wind resistance standards.
Prohibits unfair or deceptive acts in trade or commerce, providing consumers with a cause of action for misleading representations during the home sales process.
Florida Key Facts
- 1Florida courts have found implied warranty of habitability waivers unenforceable in some cases.
- 2Mandatory arbitration is generally enforceable, though specific provisions have been found unconscionable.
- 3Florida's building code is among the most comprehensive in the U.S., particularly for hurricane resistance.
- 4The right-to-repair statute requires 60-day notice before suing for construction defects.
- 5Florida has a 4-year statute of limitations for construction defect claims and a 10-year statute of repose.
- 6Builders in Florida must be licensed under the Construction Industry Licensing Board.
What Florida Buyers Should Know
- Hire an independent home inspector before closing. Request access for independent inspections at pre-drywall and pre-closing stages. Florida's Chapter 558 creates a mandatory pre-suit process, making early defect documentation essential.
- Understand Florida's Chapter 558 notice requirements. Before filing any legal claim for construction defects, Florida law requires at least 60 days' written notice to the builder. Consult a local attorney about the specific notice and documentation requirements.
- Review implied warranty waiver language. Florida recognizes implied warranties in new construction. If the contract attempts to waive these protections, have a Florida real estate attorney evaluate enforceability.
- Document all specifications and commitments in writing. Ensure all agreed-upon features, pricing, and timelines are documented in the purchase agreement or a signed addendum rather than relying on verbal commitments from the sales team.