Enforceability Status
Express warranty exclusion clauses in Florida new construction contracts are generally enforceable. Florida's Building Code and Chapter 553 establish minimum construction standards, but builders may contractually limit warranty coverage beyond statutory minimums. Florida Statutes section 95.11(3)(c) sets a four-year statute of limitations for construction defect claims, and Chapter 558 requires pre-suit notice before filing construction defect actions.
Legal Analysis
Florida law permits builders to define express warranty terms and exclude specific categories of defects from coverage. Under Florida's adoption of UCC Article 2 (Fla. Stat. Ch. 672), sellers may disclaim implied warranties if the disclaimer is conspicuous and uses recognized language such as 'as is' or specific warranty exclusion terms.
Florida Statutes Chapter 558 establishes a mandatory pre-suit notice and cure process for construction defect claims, including warranty-related disputes. Homeowners must provide written notice at least 60 days before filing suit, and the builder has an opportunity to inspect and offer repairs. This process applies regardless of whether the defect falls within the express warranty period.
Florida courts have generally upheld express warranty limitations in new construction contracts. In Maronda Homes, Inc. v. Lakeview Reserve Homeowners Association (Fla. 2014), the Florida Supreme Court addressed implied warranties in the construction context, holding that the implied warranty of habitability extends to subsequent purchasers for latent defects, which may limit the effectiveness of some warranty exclusions.
Buyers should note that Florida Statutes section 553.84 provides a statutory cause of action for violations of the Florida Building Code, independent of any contractual warranty. Builder warranty exclusions cannot override this statutory right, which provides an additional avenue for claims related to code violations.
Relevant Florida Law
Requires a mandatory 60-day pre-suit notice and cure period before homeowners may file construction defect claims, including warranty disputes.
Creates a statutory right of action for damages caused by violations of the Florida Building Code, independent of contractual warranty terms.
Governs express and implied warranties in sales transactions, including provisions for exclusion and modification of warranties.
Related Cases
The Florida Supreme Court held that the implied warranty of habitability extends to subsequent purchasers and covers latent defects in common areas, limiting the scope of contractual warranty exclusions for latent defects.
Builders in Florida Using This Clause
What Florida Buyers Should Know
- Know Your Statutory Rights Under the Florida Building Code Florida Statutes section 553.84 provides a cause of action for building code violations regardless of warranty terms. If a defect involves a code violation, your rights may extend beyond the builder's express warranty.
- Follow the Pre-Suit Notice Process Florida law requires a 60-day written notice to the builder before filing any construction defect lawsuit. Failure to follow Chapter 558 procedures can result in dismissal or limitation of your claim.
- Understand What the Warranty Excludes Florida builder warranties commonly exclude damage from hurricanes, flooding, settling, cosmetic issues after a limited reporting window, and conditions caused by homeowner modifications. Review all exclusions carefully before closing.
- Preserve Evidence of Defects Document any defects with photographs, written descriptions, and dates. Florida's statute of limitations for construction defects is four years from discovery, but warranty exclusion clauses may impose shorter contractual deadlines for reporting.