Florida enacts new mandatory Builder Warranty

Florida Statute §553.837, effective July 1, 2025, establishes a mandatory, transferable one-year warranty for newly constructed residential homes, including modular, manufactured, or factory-builts.

Under the statute, builders are required to warrant against all construction defects in equipment, materials, or workmanship provided by the builder or any subcontractor or supplier that result in a material violation of the Florida Building Code. The warranty period extends for one year from the earlier of (i) the original conveyance of title to the initial owner or (ii) the date of initial occupancy.

The statutory warranty expressly excludes coverage for: (1) appliances or equipment covered by a manufacturer’s warranty, (2) normal wear and tear, (3) normal house settling within generally accepted trade practices, (4) defects caused by work or materials supplied by the owner(s), and (5) losses resulting from acts of God or other events beyond the builder’s control, such as natural disasters.

Builders are obligated to remedy covered defects at their own expense and to restore any work damaged in the course of fulfilling warranty obligations. Builders may satisfy the warranty requirement either by providing the statutory warranty or by offering an express written warranty that meets or exceeds the statutory minimums and is automatically transferable for at least one year. If a builder provides a warranty exceeding one year, the warranty must specify its duration and any terms regarding transferability beyond the initial year.

Builders should review their warranty practices to ensure compliance with the statutory requirements and consider contractual arrangements with subcontractors and suppliers to address potential indemnity or remediation obligations.

About our Author

Carter Pope is a member of the Adams & Reese nationally-ranked and recognized Construction Practice Group. Practicing in the Tampa office. Carter represents clients in all areas of construction law, litigation, real estate, corporate law and transactions.