Florida Construction Law: What Is An Implied Warranty?

Jan 15, 2018


Welcome to Baytowne Reporting! In this article, we will delve into the realm of Florida Construction Law and explore the concept of implied warranty - an essential aspect of construction projects. Whether you are a property owner, contractor, or sub-contractor, understanding your rights and responsibilities regarding warranties is crucial. Let's explore this topic in detail!

Understanding Implied Warranty

Implied warranty refers to an unwritten promise that is automatically assumed to exist in construction contracts, even when not explicitly stated. It offers protection to property owners by guaranteeing the quality, fitness, and durability of the completed project. In Florida, implied warranty is a fundamental principle of construction law, ensuring that property owners receive a product that meets industry standards.

Types of Implied Warranties

There are two main types of implied warranties in Florida Construction Law:

  1. Implied Warranty of Habitability: This warranty ensures that a property is suitable for living or commercial use and is free from any defects that may render it unsafe, unsanitary, or unusable.
  2. Implied Warranty of Fitness: This warranty guarantees that the constructed project will serve its intended purpose effectively and efficiently. It ensures that the building or structure is suitable for its intended use.

Scope and Duration of Implied Warranties

The scope and duration of implied warranties in Florida Construction Law vary depending on various factors, such as the nature of the project, the construction contract, and applicable state laws. The duration typically ranges from one to ten years, with residential projects often having longer warranty periods compared to commercial projects.

Important Considerations

It is crucial to understand that implied warranties can be modified or disclaimed explicitly in construction contracts. Parties involved in the construction project must negotiate and agree upon the specific terms and conditions of the warranty, including any limitations, exclusions, or disclaimers.

Benefits of Implied Warranty

Implied warranty provides several benefits to both property owners and contractors:

  • Property Owner Protection: Implied warranty ensures that property owners receive a product that meets established standards. If defects or deficiencies arise within the warranty period, the owner is entitled to remedies such as repairs, replacements, or financial compensation.
  • Contractor Accountability: Implied warranty holds contractors accountable for the quality and performance of their work. It encourages them to adhere to industry standards and deliver satisfactory results.
  • Promoting Confidence: The existence of implied warranty promotes confidence in the construction industry, as it assures property owners that their investment is protected and that they can rely on the workmanship and materials used in the project.

Tips for Protecting Your Rights

To ensure your rights are protected in a construction project involving implied warranties, consider the following:

  1. Thoroughly Review Contracts: Carefully review and understand all terms and conditions of the construction contract, paying special attention to any provisions related to implied warranties.
  2. Document Everything: Keep detailed records, including contract documents, correspondence, progress reports, and any issues or defects that arise during the construction process.
  3. Consult an Attorney: If disputes or concerns arise regarding implied warranties, consult an experienced construction law attorney who can provide guidance and protect your interests.


Florida Construction Law recognizes the importance of implied warranties in protecting property owners during construction projects. Understanding the concept of implied warranty and its implications on your construction endeavors is crucial. By familiarizing yourself with your rights and responsibilities, you can ensure a smooth construction process and minimize potential risks or disputes. At Baytowne Reporting, we are dedicated to providing you with comprehensive information on various legal matters, helping you navigate the complexities of Florida's construction laws.

Michael Mankes
Such a detailed explanation! It's important for everyone in the construction industry to be well-versed in implied warranties to protect themselves and their clients. The article provides valuable insights for property owners, contractors, and sub-contractors alike. Thank you for sharing this information!
Nov 11, 2023
Brian Burgonio
Great article! 🏗️💼 Very helpful for anyone involved in construction projects.
Oct 9, 2023