You just finished a construction project. The owner walks through and points out a few scuffs, a misaligned cabinet door, and a missing light cover. You jot them down on a punch list, take care of the items, collect your final payment, and head to the next job. A few months later, the owner calls about a leaky faucet and says it was on the punch list. Not so fast.
That faucet is almost certainly a warranty issue, not punch list work, and the difference matters enormously for Florida contractors and subcontractors. Mix them up and you risk disputes over final payment, post-completion obligations you did not budget for, and, starting July 1, 2025, potential liability under Florida’s new mandatory one-year warranty law for residential builders under Florida Statute §553.837.
What Is a Punch List?
A punch list is the project’s final list of small items requiring completion, correction, or remedial work before the job is considered fully complete. Florida courts have described punch list work as minor fixes and touch-ups identified at the end of a job, not new work and not warranty claims.
These are the items standing between you and final payment. A scuffed baseboard. A door that does not hang level. A light fixture that was missed. Small things, but they are part of the original contract scope and they need to be closed out before you are done.
How to Protect Yourself at Punch List
Document everything in writing during the final walkthrough. Get the owner to agree in writing that the list is complete and accurate when you finish the items. A signed completion form is the cleanest protection you can get.
Without that documentation, an owner can claim six months later that a crack in the drywall was on the punch list, when in reality it appeared after they moved furniture in. A signed punch list closes that door.
What Is Warranty Work?
Warranty work refers to defects in workmanship or materials that surface after final completion, once the owner has started using the building. A warranty is your guarantee that the work you performed meets the standard required by the contract. Most construction contracts include an express warranty, typically for one year, on workmanship and materials.
Warranty repairs are post-completion obligations. They are not part of the original punch list, and they are not a basis for withholding final payment. If a pipe starts leaking six months after you finished and the leak is traced to your work, that is a warranty claim. The owner cannot go back and refuse to pay you for work already completed. Those are two separate things.
What Warranty Does Not Cover
Warranty covers defects in your workmanship or materials under normal use. It does not cover everything that goes wrong after you leave.
- Damage caused by the owner, their tenants, or third parties
- Normal wear and tear
- Defects in equipment covered by its own manufacturer warranty
- Work performed by other contractors after you finished
- Owner modifications to the work after completion
If the ceiling fan wobbles because the owner tried to hang a hammock from it, that is not your warranty. If their cousin drilled into a pipe mounting a flatscreen, that is not your warranty either. Know the line and hold it.
Punch List vs. Warranty Work: Key Differences
Contractors confuse these two constantly. Here is the distinction that matters on every job.
Timing
Punch list items exist before final completion. They are the last few things standing between you and your final check. Warranty issues arise after the owner moves in and starts using the building. If the owner did not identify it before final payment, it is almost certainly a warranty claim, not a punch list item.
Payment
An owner can tie final payment to completion of a legitimate punch list, if the contract allows it. That is reasonable. What an owner cannot do is withhold money you have already earned because something broke months after they moved in. Warranty work is performed at your cost under the contract. It is not a reason to reopen the payment dispute.
Scope
Punch lists cover items that were missed, incomplete, or sloppy under the original contract. They are about finishing what you started. Warranty work covers defects that surface later: leaks, cracks, systems that fail under normal use. One closes the contract. The other runs after it.
| A warranty dispute that starts small can turn into a lawsuit fast. Call Martin Law, PLLC before it gets there. |
Florida’s New 1-Year Warranty Law for Residential Builders (Effective July 1, 2025)
Starting July 1, 2025, every builder of a new residential home in Florida must provide a written, one-year warranty. This is no longer a best practice. It is required by law under Florida Statute §553.837.
If you build single-family homes, duplexes, triplexes, or fourplexes, this law applies to you. Here is what you need to know.
What the Law Requires
- A written one-year warranty must be provided to the buyer
- The warranty runs for one year from the earlier of occupancy or title transfer
- It automatically transfers to the next owner if the home is sold during that first year
- The obligation falls on the builder or general contractor who pulled the permit, not subcontractors
What the Law Does Not Cover
- Normal wear and tear
- Damage caused by the owner or third parties
- Defects in equipment that carries its own manufacturer warranty
What Happens If You Ignore a Claim
If a homeowner submits a legitimate warranty claim and you ignore it, they can sue you directly under the statute. A small repair left unaddressed can become a judgment against you. Handle warranty claims promptly. The cost of a quick fix is almost always less than the cost of litigation.
Practical Steps to Protect Yourself on Every Job
Document the Punch List in Writing
During the final walkthrough, create a clear written punch list and have the owner acknowledge it in writing. When you complete the items, get a signed confirmation that the list is closed. This is your best defense against an owner who claims incomplete work six months after they moved in.
Put the Warranty Terms in Your Contract
Florida now requires a one-year warranty on new residential construction, but your contract should spell out the details regardless of what the statute requires. Define what is covered, what is not, how long the warranty lasts, and how claims must be submitted. Ambiguity in a warranty clause always gets resolved against the contractor.
Handle Warranty Claims Quickly
Small problems become big ones when ignored. A minor leak left unaddressed can cause mold, structural damage, and a claim that is ten times the cost of the original repair. Respond to warranty calls promptly, document what you find, and document what you fixed.
Track Your Key Dates
Know your substantial completion date, your final payment date, and when your warranty period expires. Florida’s statute of repose for construction defect claims is currently 7 years from the later of the date of actual possession, the date of the issuance of a certificate of occupancy, the date of abandonment of construction, or the date of completion of the contract. That means claims can come long after the job is done. Keep your project records accordingly.
Frequently Asked Questions
Q: Can an owner withhold final payment because of a warranty issue?
No. Warranty issues arise after final completion and are not a basis for withholding final payment. An owner can tie final payment to completion of legitimate punch list items, if the contract permits, but post-completion warranty claims are separate obligations. If an owner is withholding payment over a warranty issue, that is a payment dispute and you should speak with a construction law attorney.
Q: What is the difference between an express warranty and an implied warranty in Florida?
An express warranty is one you explicitly agree to in your contract, such as a one-year warranty on workmanship and materials. An implied warranty arises by operation of law regardless of what your contract says. Florida recognizes an implied warranty of habitability for new residential construction. The new §553.837 warranty requirement adds a statutory layer on top of both for residential builders.
Q: Does the new Florida warranty law apply to remodels and additions?
Florida Statute §553.837 applies to builders of new single-family homes, duplexes, triplexes, and fourplexes. Whether it extends to substantial remodels or additions depends on the specific facts and scope of work. If you are unsure whether your project triggers the statute, review the contract language and consult a construction attorney before the job starts, not after a claim comes in.
Q: As a subcontractor, am I responsible for warranty claims under the new law?
The §553.837 warranty obligation falls on the builder or general contractor who pulled the permit, not on subcontractors directly. That said, your subcontract may include a back-charge or indemnification provision that shifts warranty costs to you if a defect is traced to your scope of work. Review your subcontract carefully and make sure it accurately defines your warranty exposure.
Q: What should I do if an owner is claiming warranty work that I believe is owner damage?
Document your position in writing immediately. Inspect the work, photograph what you find, and respond to the owner in writing explaining why the claim falls outside the warranty. Do not ignore the claim, even if you believe it is baseless. An ignored warranty claim can become a lawsuit, and a lawsuit is always more expensive than a written response.
Q: How long do I need to keep project records in Florida?
Given Florida’s 7-year statute of repose for construction defect claims, keep project records, including contracts, change orders, punch lists, completion documentation, and warranty correspondence, for at least 7 years from the later of substantial completion or final payment. On larger projects, consult with a construction attorney about your specific record retention obligations.
Key Takeaways
| Key Takeaways Punch list items are pre-completion tasks tied to the original contract scope. Warranty work arises after final completion. Knowing the difference protects your right to final payment. An owner cannot withhold final payment over a post-completion warranty issue. Those are separate obligations. Get the punch list in writing. Get a signed confirmation when it is closed. That documentation is your defense against claims that surface later. Starting July 1, 2025, Florida Statute §553.837 requires every residential builder to provide a written one-year warranty on new single-family homes, duplexes, triplexes, and fourplexes. The new warranty obligation falls on the builder or GC who pulled the permit, not subcontractors, but your subcontract may shift that exposure back to you. Warranty does not cover owner damage, normal wear and tear, or defects in equipment with a manufacturer warranty. Know the line and document it. Handle warranty claims promptly. A small repair ignored becomes a big lawsuit. Keep project records for at least 7 years. Florida’s statute of repose for construction defect claims runs that long. |
| Get Your Contract and Warranty Terms Right Before the Job Starts Punch list disputes, warranty claims, and withheld final payments are among the most common and most preventable problems Florida contractors face. The right contract language, a clean punch list process, and a clear warranty provision stop most of these disputes before they start. When they do not, you need an attorney who knows Florida construction law. Contact Martin Law, PLLC for straightforward advice from a Florida construction attorney who works with contractors and subcontractors every day. |
About the Author
John C. Martin, Esq. is a Florida construction law attorney and the founder of Martin Law, PLLC. He represents contractors, subcontractors, and suppliers throughout the state of Florida.
Disclaimer
This article is for general informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship. Always consult a qualified Florida construction law attorney regarding your specific situation.