Florida’s year-round sunshine comes with a trade-off: hurricanes, tropical storms, and heavy rain that can wreak havoc on homes and businesses. When property damage happens, it’s not always clear whether the issue stems from natural disaster destruction or from poor construction practices. This distinction matters because hurricane claims and construction defect claims follow very different rules in Florida law.
Below, we break down the key differences between these two types of claims so you know what to expect if your home or business suffers serious damage.
What Is a Hurricane Claim?
A hurricane claim is filed with your homeowner’s or commercial property insurance after a storm causes damage. Common losses include:
- Roof damage from high winds
- Broken windows or doors
- Flooding and water intrusion
- Structural damage from flying debris
In Florida, insurers must follow specific hurricane claim procedures. For example:
- Deductibles: Hurricane deductibles are usually higher than standard deductibles and apply once per season.
- Deadlines: You generally have two years from the date of loss to file a hurricane claim under Florida law.
- Proof of loss: Detailed documentation, photos, and repair estimates are required.
If your insurer delays, underpays, or denies a valid claim, you may need to pursue legal action to enforce your policy rights.
What Is a Construction Defect Claim?
Unlike hurricane claims, construction defect claims arise when a building’s materials, design, or workmanship are flawed and cause damage. These are not sudden losses from a storm but ongoing issues that may worsen over time. Examples include:
- Improperly installed roofs or windows that allow leaks
- Foundation cracks due to poor soil preparation
- Mold and water intrusion from faulty construction
- Electrical or plumbing systems that do not meet code
In Florida, construction defect claims are often pursued against builders, contractors, architects, or developers, not an insurance company. These claims typically fall under Chapter 558 of the Florida Statutes, which requires a pre-suit notice and opportunity to repair before litigation.
Key Differences Between Hurricane and Construction Defect Claims
While both involve property damage, several important distinctions affect how claims are handled:
| Factor | Hurricane Claim | Construction Defect Claim |
| Cause of Loss | Natural disaster (wind, rain, flooding) | Faulty design, materials, or workmanship |
| Who You File Against | Insurance company | Builder, contractor, or developer |
| Deadline to File | 2 years from date of loss | Generally 4 years (up to 10 for latent defects) |
| Proof Needed | Storm-related evidence (photos, weather reports) | Expert inspections and defect reports |
| Resolution | Insurance payout for repairs/replacement | Repair costs, damages, or legal settlement |
Understanding these differences ensures you pursue the right path for compensation.
Overlap: When Storms Expose Defects
Sometimes, hurricane damage uncovers hidden construction defects. For example, if your roof blows off in a Category 2 storm, but evidence shows it was improperly fastened, you may have both a hurricane claim and a construction defect claim.
In these situations, insurers may try to deny coverage by blaming “pre-existing defects,” while builders may argue the hurricane caused the damage, not their work. Having an attorney experienced in both areas of law is critical to untangling liability and maximizing recovery.
Why Legal Guidance Matters
Both hurricane and construction defect claims can quickly become complex. Insurance companies often undervalue storm claims, while construction companies may resist responsibility for costly repairs. Florida’s evolving property damage laws add another layer of difficulty.
A skilled attorney can:
- Investigate whether damage stems from storm impact, construction defects, or both
- Ensure you meet strict filing deadlines
- Negotiate with insurers, contractors, or developers on your behalf
- Pursue litigation if necessary to protect your rights
Final Thoughts
After a Florida storm, it’s not always easy to know whether your damage should be handled as a hurricane claim, a construction defect claim, or both. The differences in deadlines, legal procedures, and potential recovery make it crucial to understand your options.
If your home or business has suffered serious property damage, don’t navigate these challenges alone. An experienced Florida attorney can help you pursue the compensation you need to rebuild and move forward.
Contact a Florida Personal Injury Lawyer
If you have been involved in a personal injury incident, seeking legal advice is essential to protect your rights. Our legal team has more than 40 years of experience seeking justice for accident victims. Our attorneys have sought and won millions of dollars for our injured clients.
Call 850-601-1111 to schedule a complimentary consultation with no obligations. This consultation will help you explore your legal options. Let us help you fight for fair compensation.
Chris received his Juris Doctorate from Florida State University College of Law in 2008, and he was admitted to the Florida Bar in December of 2008 followed by the State Bar of Texas in May of 2009. He has litigated, mediated, and resolved over five hundred first-party storm damage claims, and he has litigated, mediated, and successfully resolved multiple major construction defect claims with recoveries in excess of $1,800,000.00.
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