Overview
Mattamy Homes operates across multiple Florida markets including Jacksonville, Orlando, Tampa, Sarasota, Naples, and Southeast Florida. Florida is the company's primary U.S. market, with the largest concentration of communities and the most significant litigation history of any state in its portfolio.
A 2021 WTSP 10 Investigates report documented more than 100 lawsuits with hundreds of complaints filed against Mattamy and its subcontractors across multiple Florida counties for construction defects, with stucco failure and roofing system defects among the most common grievances. Florida's statutory framework, including the Right to Repair Act (Chapter 558) and implied warranty protections, shapes how Mattamy's contract provisions are enforced in the state.
How Florida Law Affects Your Contract
The following analysis examines how Mattamy Homes's documented contract patterns interact with Florida consumer protection law.
Florida Right to Repair Act (Chapter 558)
Before filing suit for construction defects, Florida law requires homeowners to provide the builder with written notice and an opportunity to inspect and repair under the Right to Repair Act (Fla. Stat. Chapter 558). Mattamy receives a statutory right to attempt repair before litigation can proceed, which may delay a buyer's ability to pursue independent remedies.
Implied Warranty of Habitability in Florida
Florida recognizes an implied warranty of habitability for new residential construction. The Florida Supreme Court in Maronda Homes v. Lakeview Reserve (2013) confirmed that implied warranties extend to essential-services infrastructure in common areas. Mattamy's contractual disclaimer of implied warranties (HAB-001) may face enforceability limits under Florida law, particularly for community infrastructure defects.
Arbitration Enforceability Under Florida Law
Florida courts generally enforce mandatory arbitration clauses in residential construction contracts. Mattamy's binding arbitration provision (ARB-001) and class action waiver (CLA-001) are likely enforceable, though Florida's Deceptive and Unfair Trade Practices Act (FDUTPA) claims may still be asserted in arbitration.
NDA Practices and Warranty Disputes
WFTV Action 9 reporting documented instances where Mattamy required Orlando-area homeowners to sign non-disclosure agreements before performing warranty repairs. Florida does not have a statute specifically prohibiting NDA requirements tied to warranty repairs, but buyers should consult an attorney before signing any confidentiality agreement that conditions repair work on silence.
Florida 10-Year Statute of Repose
Florida's statute of repose for construction defect claims is 10 years from the date of actual possession, the issuance of a certificate of occupancy, or the date of abandonment of construction (Fla. Stat. 95.11(3)(c)). Buyers should document defects promptly, as Mattamy's contractual limitation provisions (TIM-001) may attempt to shorten this statutory period.
Florida Legal History
Selected cases and investigations involving Mattamy Homes in Florida.
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
- Use Florida's Right to Repair Act notice process strategically. Florida law requires written notice to the builder before filing suit for construction defects. Document all defects with photographs and written correspondence before sending the statutory notice, and consult an attorney about the Chapter 558 process.
- Do not sign an NDA to obtain warranty repairs. Investigative reporting has documented Mattamy requiring NDAs before performing warranty work in Florida. Consult an attorney before signing any confidentiality agreement tied to construction defect repairs.
- Hire an independent inspector familiar with Florida construction. Given the documented stucco and roofing defects across Florida communities, hire an inspector experienced with Florida building envelope issues including stucco systems, roofing, and moisture intrusion before closing.
- Know that Florida protects implied warranty rights. Florida courts recognize implied warranties of habitability for new construction, and the Florida Supreme Court has extended these protections to common-area infrastructure. Contractual waivers of implied warranties may be limited in enforceability.
- Compare Mattamy Home Funding with independent lenders. Mattamy operates an affiliated mortgage lender, Mattamy Home Funding. Compare rates and total loan costs with at least two independent lenders before committing, as builder incentives tied to the affiliated lender may mask higher costs elsewhere in the transaction.