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How long do you have to sue a contractor for defective work?

It depends on your state, and other deadlines can apply. Florida's statute sets four years, running from discovery for a latent defect, and in any event 7 years. California sets an outer limit of 10 years after substantial completion for a latent deficiency, and Texas 10 years for work on a residence. Each statute is quoted below.

Source: Florida Statutes section 95.11, Limitations other than for the recovery of real property (The 2026 Florida Statutes, Online Sunshine), read 22 October 2026.
Source: California Code of Civil Procedure section 337.15, California Legislative Information, read 22 October 2026 (our saved browser copy, as read on 2026-10-22).
Source: Texas Civil Practice and Remedies Code chapter 16, Limitations, section 16.009 (the chapter file served to the official Texas Constitution and Statutes site), read 22 October 2026.

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By InstaBids editorial team with AI research agents. Sources read: 22 October 2026 Updated 2026-10-22

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Key facts

How long does Florida give you to sue over construction work?

Four years, with a 7-year outer limit. Paragraph (b) of Florida Statutes section 95.11(3) covers an action founded on the design, planning, or construction of an improvement to real property; when its clock starts, the rule for a latent defect and the outer limit are quoted below in their own words.

Source: Florida Statutes section 95.11, Limitations other than for the recovery of real property (The 2026 Florida Statutes, Online Sunshine), read 22 October 2026.

Florida Statutes section 95.11, read 22 October 2026, heads subsection (3) "(3) WITHIN FOUR YEARS." and its paragraph (b) reads: "(b) An action founded on the design, planning, or construction of an improvement to real property, with the time running from the date the authority having jurisdiction issues a temporary certificate of occupancy, a certificate of occupancy, or a certificate of completion, or the date of abandonment of construction if not completed, whichever date is earliest;"

Source: Florida Statutes section 95.11, Limitations other than for the recovery of real property (The 2026 Florida Statutes, Online Sunshine), read 22 October 2026.

For a latent defect, the same paragraph goes on: "except that, when the action involves a latent defect, the time runs from the time the defect is discovered or should have been discovered with the exercise of due diligence."

Source: Florida Statutes section 95.11, Limitations other than for the recovery of real property (The 2026 Florida Statutes, Online Sunshine), read 22 October 2026.

The outer limit follows: "In any event, the action must be commenced within 7 years after the date the authority having jurisdiction issues a temporary certificate of occupancy, a certificate of occupancy, or a certificate of completion, or the date of abandonment of construction if not completed, whichever date is earliest."

Source: Florida Statutes section 95.11, Limitations other than for the recovery of real property (The 2026 Florida Statutes, Online Sunshine), read 22 October 2026.

A later sentence in the same paragraph reads: “With respect to actions founded on the design, planning, or construction of an improvement to real property, if such construction is performed pursuant to a duly issued building permit and if the authority having jurisdiction has issued a temporary certificate of occupancy, a certificate of occupancy, or a certificate of completion, then as to the construction which is within the scope of such building permit and certificate, the correction of defects to completed work or repair of completed work, whether performed under warranty or otherwise, does not extend the period of time within which an action must be commenced.”

Source: Florida Statutes section 95.11, Limitations other than for the recovery of real property (The 2026 Florida Statutes, Online Sunshine), read 22 October 2026.

What is California's outer limit for hidden defects?

Ten years after substantial completion, for a latent deficiency. California Code of Civil Procedure section 337.15 is quoted below in its own words: the limit, what counts as latent, when the 10 years start, and two limits on the section itself.

Source: California Code of Civil Procedure section 337.15, California Legislative Information, read 22 October 2026 (our saved browser copy, as read on 2026-10-22).

Section 337.15, read 22 October 2026, says: "(a) No action may be brought to recover damages from any person, or the surety of a person, who develops real property or performs or furnishes the design, specifications, surveying, planning, supervision, testing, or observation of construction or construction of an improvement to real property more than 10 years after the substantial completion of the development or improvement for any of the following:" and its first item is "(1) Any latent deficiency in the design, specification, surveying, planning, supervision, or observation of construction or construction of an improvement to, or survey of, real property."

Source: California Code of Civil Procedure section 337.15, California Legislative Information, read 22 October 2026 (our saved browser copy, as read on 2026-10-22).

It defines the term: "(b) As used in this section, “latent deficiency” means a deficiency which is not apparent by reasonable inspection."

Source: California Code of Civil Procedure section 337.15, California Legislative Information, read 22 October 2026 (our saved browser copy, as read on 2026-10-22).

On the start date, subdivision (g) says: "(g) The 10-year period specified in subdivision (a) shall commence upon substantial completion of the improvement, but not later than the date of one of the following, whichever first occurs:" "(1) The date of final inspection by the applicable public agency." "(2) The date of recordation of a valid notice of completion." "(3) The date of use or occupation of the improvement." "(4) One year after termination or cessation of work on the improvement."

Source: California Code of Civil Procedure section 337.15, California Legislative Information, read 22 October 2026 (our saved browser copy, as read on 2026-10-22).

Two subdivisions limit the section: "(d) Nothing in this section shall be construed as extending the period prescribed by the laws of this state for bringing any action." and "(f) This section shall not apply to actions based on willful misconduct or fraudulent concealment."

Source: California Code of Civil Procedure section 337.15, California Legislative Information, read 22 October 2026 (our saved browser copy, as read on 2026-10-22).

In our reading, the period in subdivision (a) is an outer limit, and a shorter deadline elsewhere in California law may still apply to your claim, so ask a California lawyer which deadline fits your facts.

Does California's four-year rule for visible defects cover your home?

Not if it is an owner-occupied single-unit residence. Section 337.1 sets four years after substantial completion for a patent deficiency, and its subdivision (f) says subdivisions (a) and (b) shall not apply to any owner-occupied single-unit residence, as quoted below.

Source: California Code of Civil Procedure section 337.1, California Legislative Information, read 22 October 2026 (our saved browser copy, as read on 2026-10-22).

Section 337.1, read 22 October 2026, says: "(a) Except as otherwise provided in this section, no action shall be brought to recover damages from any person performing or furnishing the design, specifications, surveying, planning, supervision or observation of construction or construction of an improvement to real property more than four years after the substantial completion of such improvement for any of the following:" and its first item is "(1) Any patent deficiency in the design, specifications, surveying, planning, supervision or observation of construction or construction of an improvement to, or survey of, real property;"

Source: California Code of Civil Procedure section 337.1, California Legislative Information, read 22 October 2026 (our saved browser copy, as read on 2026-10-22).

It defines the term: "(e) As used in this section, “patent deficiency” means a deficiency which is apparent by reasonable inspection." and it ends: "(f) Subdivisions (a) and (b) shall not apply to any owner-occupied single-unit residence."

Source: California Code of Civil Procedure section 337.1, California Legislative Information, read 22 October 2026 (our saved browser copy, as read on 2026-10-22).

What Texas deadlines and exceptions does the statute describe?

Ten years after substantial completion, or six years when the contractor gave a written warranty that meets the statute's minimums. Texas Civil Practice and Remedies Code section 16.009 is quoted below in its own words.

Source: Texas Civil Practice and Remedies Code chapter 16, Limitations, section 16.009 (the chapter file served to the official Texas Constitution and Statutes site), read 22 October 2026.

Section 16.009(a-2), read 22 October 2026, says: "(a-2) Except as provided by this subsection, with respect to any claim arising out of the design, construction, or repair of a new residence, of an alteration of or repair or addition to an existing residence, or of an appurtenance to a residence, a claimant must bring suit for damages for a claim listed in Subsection (b) against a person who constructs or repairs an improvement to real property not later than 10 years after the substantial completion of the improvement in an action arising out of a defective or unsafe condition of the real property or a deficiency in the construction or repair of the improvement."

Source: Texas Civil Practice and Remedies Code chapter 16, Limitations, section 16.009 (the chapter file served to the official Texas Constitution and Statutes site), read 22 October 2026.

It goes on: "If the person being sued is a contractor who has provided a written warranty for the residence that complies with Subsection (a-3), the claimant must bring the suit not later than six years after the substantial completion of the improvement."

Source: Texas Civil Practice and Remedies Code chapter 16, Limitations, section 16.009 (the chapter file served to the official Texas Constitution and Statutes site), read 22 October 2026.

The minimum warranty periods are in subsection (a-3): "(a-3) For purposes of Subsection (a-2), a written warranty must provide a minimum period of: (1) one year for workmanship and materials; (2) two years for plumbing, electrical, heating, and air-conditioning delivery systems; and (3) six years for major structural components."

Source: Texas Civil Practice and Remedies Code chapter 16, Limitations, section 16.009 (the chapter file served to the official Texas Constitution and Statutes site), read 22 October 2026.

The deadline can be extended or set aside in the cases section 16.009 lists. A written claim presented within the period extends it, and the section does not bar an action on a contract that expressly provides for a longer period; both rules, and the limit on what the section covers, are quoted below.

Source: Texas Civil Practice and Remedies Code chapter 16, Limitations, section 16.009 (the chapter file served to the official Texas Constitution and Statutes site), read 22 October 2026.

Subsection (c) says: “(c) If the claimant presents a written claim for damages, contribution, or indemnity to the person performing or furnishing the construction or repair work during the applicable limitations period, the period is extended for: (1) two years from the date the claim is presented, for a claim to which Subsection (a) applies; or (2) one year from the date the claim is presented, for a claim to which Subsection (a-1) or (a-2) applies.”

Source: Texas Civil Practice and Remedies Code chapter 16, Limitations, section 16.009 (the chapter file served to the official Texas Constitution and Statutes site), read 22 October 2026.

Subsection (e) says: “(e) This section does not bar an action: (1) on a written warranty, guaranty, or other contract that expressly provides for a longer effective period; (2) against a person in actual possession or control of the real property at the time that the damage, injury, or death occurs; or (3) based on wilful misconduct or fraudulent concealment in connection with the performance of the construction or repair.”

Source: Texas Civil Practice and Remedies Code chapter 16, Limitations, section 16.009 (the chapter file served to the official Texas Constitution and Statutes site), read 22 October 2026.

Subsection (f) adds: "(f) This section does not extend or affect a period prescribed for bringing an action under any other law of this state."

Source: Texas Civil Practice and Remedies Code chapter 16, Limitations, section 16.009 (the chapter file served to the official Texas Constitution and Statutes site), read 22 October 2026.

These are only some states' statutes. Other states set their own deadlines, so read your own state's statute, or ask a lawyer in your state, before you count on any period above.

What should you do as soon as you find a defect?

Act early and keep a dated record, because every deadline above is counted from a date you will need to prove. This is practical reasoning, not legal advice and not a finding from any agency.

  1. Write down the day you first noticed the problem, and take dated photos of it.
  2. Find the dates that start the clocks quoted above: the day the work was finished, the final inspection, any certificate of occupancy or completion, and the day you moved back in or started using the space.
  3. Keep the contract, change orders, invoices, payment records, permits and any written warranty in one place.
  4. Tell the contractor about the defect in writing, keep a copy, and note the date you sent it.
  5. Read your contract for any clause about notice, warranty periods or how disputes are handled.
  6. Talk to a lawyer in your state well before the earliest deadline that could apply.

Who sees your contact details when you post on InstaBids?

When you hire someone to fix defective work, you share a description of your home and the problem. Contact details stay hidden until the homeowner picks a contractor and they confirm the connection.

Source: InstaBids process and privacy, live-page excerpts, read 22 October 2026.

Post your job on InstaBids, and contractors can bid in writing on one written scope.

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