# Fuxa & Tyler > https://www.gft.law > Last Updated: 2026-06-10 Fuxa & Tyler helps property owners throughout the state of Florida who are having disputes with their insurance company over property damage claims. Our firm represents homeowners, condominium owners, business owners, and other types of building owners in first-party and third-party coverage disputes, liability and damage disputes, hurricane claims and bad-faith insurance practices. If you have been working with a public adjuster, or if you are a public adjuster who recognizes the need for professional legal assistance, our office can help. Contact the experienced Florida insurance claims lawyers at Fuxa & Tyler for a free consultation. ## Contact - Phone: +1-954-990-5251 - Address: 490 Sawgrass Corporate Pkwy, Suite 110, Sunrise, FL 33325, FL 33325 ## Locations - Sunrise, FL 33325, FL - +1-954-990-5251 ## Practice Areas - Insurance Claims - Insurance Disputes - Insurance Claim Arbitration - Managed Repair Disputes - Right to Repair Disputes - First-Party Property Coverage - Bad Faith Insurance Claims - Denied Insurance Claims - Hurricane Damage - Preparing Your Insurance Claim - Insurance Claim Appraisals - Insurance Coverage Disputes - Property Insurance Claims - Construction Defects - 558 Construction Defect Claims - Faulty Roof Construction - Roof Damage Insurance Claims - Roof Defect - Roof Leak Insurance Claims - Negligent Roofing Work ## Attorneys - Andrew Fuxa: https://www.gft.law/team/andrew-fuxa/ Mr. Fuxa began his professional career almost 30 years ago as a property restoration contractor, having completed hundreds of residential and commercial property damage restoration projects. - Jeremy F. Tyler: https://www.gft.law/team/jeremy-f-tyler/ Mr. Tyler’s legal work on behalf of policyholders is primarily focused on cases in federal court, appeals, and dispositive motions. - Xavier W. Rojas: https://www.gft.law/team/xavier-w-rojas/ In early 2015, Mr. Rojas was hired into Fuxa & Tyler, where he continues to apply his varied experiences and knowledge to the practice of first party property litigation. - Gilberto J. Barreto: https://www.gft.law/team/gilberto-j-barreto/ Mr. Barreto is AV rated in the civil litigation and insurance fields and is fluent in Spanish. He is admitted to the Florida Bar as well as the United States District Court for the Southern and Middle Districts of Florida. - Maria Diaz: https://www.gft.law/team/maria-diaz/ Maria F. Diaz is a seasoned property damage insurance litigation attorney dedicated to advocating for insureds' rights. - Jesse Long: https://www.gft.law/team/jesse-long/ Jesse Long is a trusted advocate for policyholders in complex property insurance disputes, known for delivering strategic, results-driven representation against insurance carriers. ## Key Pages - Homepage: https://www.gft.law/ - Attorneys: https://www.gft.law/team/ - Blog: https://www.gft.law/blog/ - Contact: https://www.gft.law/contact/ ## Social Profiles - https://www.facebook.com/gftlawfirm/ - https://www.linkedin.com/company/gftlawfirm/ - https://www.instagram.com/thehurricaneactionteam/ - https://www.gft.law/ ## Reviews - Rating: 5/5 based on 133 reviews ## Practice Area Details ### Florida Insurance Claims & Property Damage Lawyers https://www.gft.law/ Fuxa & Tyler is a law firm helping property owners throughout the state of Florida who are having disputes with their insurance company over property damage claims. ### Florida Insurance Claims Lawyer https://www.gft.law/insurance-claims/ Contact Florida insurance lawyers at Fuxa & Tyler for a consultation and take the first step toward protecting your property and your financial well-being. ### Florida Construction Defects Lawyer https://www.gft.law/florida-construction-defects-lawyer/ Fuxa & Tyler represents homeowners, condominium associations, and property owners in all types of construction defect disputes, contact us today. ### Florida Hurricane Damage Lawyer https://www.gft.law/florida-hurricane-damage-lawyer/ Florida's geographical location makes it a prime target for hurricanes. Contact the skilled Florida hurricane damage lawyers at Fuxa & Tyler, today. ### Florida Hurricane Helene Insurance Claims Lawyer https://www.gft.law/florida-hurricane-helene-insurance-claims-lawyer/ Anyone who sustained hurricane damage in Florida after Hurricane Helene needs to seek legal help with their hurricane insurance claim, contact Fuxa & Tyler. ### Florida Hurricane Milton Insurance Claims Lawyer https://www.gft.law/florida-hurricane-milton-insurance-claims-lawyer/ Fuxa & Tyler can assist you. Contact our experienced Florida Hurricane Milton insurance claims lawyer today. ### Florida Insurance Claim Arbitration Lawyer https://www.gft.law/florida-insurance-claim-arbitration-lawyer/ Florida insurance claim arbitration lawyers at Fuxa & Tyler ensure that the homeowner’s rights, interests, and financial protections remain fully intact. ### Florida Property Insurance Claims Lawyer https://www.gft.law/florida-property-insurance-claims/ Our team of Florida property insurance lawyers recognize how complicated the claims process is, contact Fuxa & Tyler for assistance. ### Florida Managed Repair Disputes Lawyer https://www.gft.law/florida-managed-repair-disputes-lawyer/ Fuxa & Tyler covers every type of managed repair dispute, stepping in when insurers assume control of repairs, cut corners, or fail to protect the policyholder. ### Florida Right to Repair Disputes Lawyer https://www.gft.law/florida-right-to-repair-disputes-lawyer/ Fuxa & Tyler represents homeowners and property owners across Florida who find themselves stuck in right-to-repair disputes. Contact our firm today. ### Florida 558 Construction Defect Claims Lawyer https://www.gft.law/florida-558-construction-defect-claims-lawyer/ Fuxa & Tyler represents homeowners and associations throughout Florida in 558 construction defect claims, using detailed investigation & strategic negotiation. ### Florida Roof Defect Lawyer https://www.gft.law/florida-roof-defect-lawyer/ Fuxa & Tyler represents Florida property owners dealing with defective roofing materials or installation errors that have led to serious structural damage. ### Florida Faulty Roof Construction Lawyer https://www.gft.law/florida-faulty-roof-construction-lawyer/ Poor workmanship during roof construction can lead to costly damage over time, and Fuxa & Tyler is ready to help Florida homeowners pursue legal remedies. ### Florida Negligent Roofing Work Lawyer https://www.gft.law/florida-negligent-roofing-work-lawyer/ If a roofer performed substandard work on your Florida home, Fuxa & Tyler can help you pursue a negligence claim and recover damages for the resulting harm. ### Clearwater Roof Defect Lawyer https://www.gft.law/clearwater-roof-defect-lawyer/ Defective roofing in your Clearwater home can compromise safety and property value, and Fuxa & Tyler is prepared to pursue claims against responsible parties. ### Clearwater Faulty Roof Construction Lawyer https://www.gft.law/clearwater-faulty-roof-construction-lawyer/ Fuxa & Tyler helps Clearwater homeowners hold contractors accountable for faulty roof construction that has caused significant damage or financial losses. ### Clearwater Negligent Roofing Work Lawyer https://www.gft.law/clearwater-negligent-roofing-work-lawyer/ Negligent roofing work in Clearwater can leave your home vulnerable to water intrusion and damage, and Fuxa & Tyler is here to help you seek justice. ### Clearwater Construction Defects Lawyer https://www.gft.law/clearwater-construction-defects-lawyer/ Fuxa & Tyler represents Clearwater property owners in construction defect cases, pursuing compensation from contractors who failed to meet building standards. ### Fort Lauderdale Roof Defect Lawyer https://www.gft.law/fort-lauderdale-roof-defect-lawyer/ Fuxa & Tyler represents Fort Lauderdale property owners harmed by defective roofing products or installation, seeking full compensation for all related damages. ### Fort Lauderdale Faulty Roof Construction Lawyer https://www.gft.law/fort-lauderdale-faulty-roof-construction-lawyer/ Fuxa & Tyler holds Fort Lauderdale roofing contractors accountable for faulty construction work that leaves homeowners facing costly repairs and damage. ### Fort Lauderdale Negligent Roofing Work Lawyer https://www.gft.law/fort-lauderdale-negligent-roofing-work-lawyer/ When a roofing contractor in Fort Lauderdale performs negligent work, Fuxa & Tyler steps in to help homeowners pursue the legal remedies available to them. ### Fort Lauderdale Construction Defects Lawyer https://www.gft.law/fort-lauderdale-construction-defects-lawyer/ Construction defect claims in Fort Lauderdale require skilled legal help, and Fuxa & Tyler has the experience to hold builders and contractors responsible. ### Orlando Roof Defect Lawyer https://www.gft.law/orlando-roof-defect-lawyer/ Fuxa & Tyler helps Orlando homeowners seek compensation from contractors or manufacturers responsible for defective roofing that has led to property damage. ### Orlando Faulty Roof Construction Lawyer https://www.gft.law/orlando-faulty-roof-construction-lawyer/ Shoddy roof construction can leave an Orlando home exposed to serious damage, and Fuxa & Tyler pursues claims against contractors who cut corners on the job. ### Orlando Negligent Roofing Work Lawyer https://www.gft.law/orlando-negligent-roofing-work-lawyer/ Fuxa & Tyler represents Orlando property owners who have suffered losses due to a roofing contractor performing careless or substandard work on their home. ### Orlando Construction Defects Lawyer https://www.gft.law/orlando-construction-defects-lawyer/ Fuxa & Tyler assists Orlando property owners in pursuing construction defect claims against builders who failed to meet acceptable workmanship standards. ### Sarasota Roof Defect Lawyer https://www.gft.law/sarasota-roof-defect-lawyer/ When defective roofing materials or workmanship damages your Sarasota home, Fuxa & Tyler is prepared to pursue the responsible parties on your behalf. ### Sarasota Faulty Roof Construction Lawyer https://www.gft.law/sarasota-faulty-roof-construction-lawyer/ Fuxa & Tyler represents Sarasota homeowners harmed by faulty roof construction, seeking damages from contractors who failed to meet acceptable standards. ### Sarasota Negligent Roofing Work Lawyer https://www.gft.law/sarasota-negligent-roofing-work-lawyer/ A negligent roofer can leave your Sarasota home at risk for years of costly damage, and Fuxa & Tyler is prepared to pursue legal action on your behalf. ### Sarasota Construction Defects Lawyer https://www.gft.law/sarasota-construction-defects-lawyer/ Fuxa & Tyler helps Sarasota property owners build strong legal cases against contractors and builders responsible for construction defects and substandard work. ### St. Petersburg Roof Defect Lawyer https://www.gft.law/st-petersburg-roof-defect-lawyer/ When defective roofing damages your St. Petersburg property, Fuxa & Tyler takes on contractors and manufacturers to recover the compensation you are owed. ### St. Petersburg Faulty Roof Construction Lawyer https://www.gft.law/st-petersburg-faulty-roof-construction-lawyer/ Fuxa & Tyler represents St. Petersburg homeowners in claims against roofing contractors whose faulty construction caused significant damage and expense. ### St. Petersburg Negligent Roofing Work Lawyer https://www.gft.law/st-petersburg-negligent-roofing-work-lawyer/ Fuxa & Tyler stands up for St. Petersburg property owners whose homes were damaged by roofing contractors who failed to perform their work with reasonable care. ### St. Petersburg Construction Defects Lawyer https://www.gft.law/st-petersburg-construction-defects-lawyer/ Property owners in St. Petersburg rely on Fuxa & Tyler for skilled legal representation in construction defect cases involving contractors and home builders. ### Sunrise Roof Defect Lawyer https://www.gft.law/sunrise-roof-defect-lawyer/ Fuxa & Tyler represents Sunrise property owners who have suffered losses due to defective roofing, pursuing claims against contractors and manufacturers alike. ### Sunrise Faulty Roof Construction Lawyer https://www.gft.law/sunrise-faulty-roof-construction-lawyer/ Faulty roof construction in Sunrise can lead to water damage and costly repairs, and Fuxa & Tyler holds negligent contractors accountable for their work. ### Sunrise Negligent Roofing Work Lawyer https://www.gft.law/sunrise-negligent-roofing-work-lawyer/ Fuxa & Tyler fights for Sunrise homeowners harmed by substandard roofing work, pursuing compensation for all repairs and losses caused by contractor negligence. ### Sunrise Construction Defects Lawyer https://www.gft.law/sunrise-construction-defects-lawyer/ Fuxa & Tyler helps Sunrise property owners pursue construction defect claims and recover damages from contractors responsible for structural or code issues. ### Tampa Roof Defect Lawyer https://www.gft.law/tampa-roof-defect-lawyer/ When defective roofing materials or workmanship puts your Tampa home at risk, Fuxa & Tyler pursues claims against the contractors or manufacturers responsible. ### Tampa Faulty Roof Construction Lawyer https://www.gft.law/tampa-faulty-roof-construction-lawyer/ Fuxa & Tyler represents Tampa homeowners who experienced property damage and financial loss resulting from faulty roof construction by negligent contractors. ### Tampa Negligent Roofing Work Lawyer https://www.gft.law/tampa-negligent-roofing-work-lawyer/ A Tampa roofer who performs careless or substandard work can cause lasting damage to your home, and Fuxa & Tyler is ready to help you seek compensation. ### Tampa Construction Defects Lawyer https://www.gft.law/tampa-construction-defects-lawyer/ Fuxa & Tyler provides experienced legal help for Tampa property owners pursuing construction defect claims against builders who failed to deliver quality work. ### Clearwater Hurricane Helene Insurance Claims Lawyer https://www.gft.law/clearwater-hurricane-helene-insurance-claims-lawyer/ Clearwater property owners who sustained any type of hurricane damage as a result of Hurricane Helene should seek assistance from the firm of Fuxa & Tyler. ### Clearwater Hurricane Milton Insurance Claims Lawyer https://www.gft.law/clearwater-hurricane-milton-insurance-claims-lawyer/ Was your Hurricane Milton insurance claim denied in Clearwater, contact our experienced Clearwater Hurricane Milton insurance claims lawyer today. ### Fort Lauderdale Hurricane Helene Insurance Claims Lawyer https://www.gft.law/fort-lauderdale-hurricane-helene-insurance-claims-lawyer/ At Fuxa & Tyler, our Fort Lauderdale Hurricane Helene insurance claims lawyer can help you overcome them and ensure your best interests are always protected. Call us today at (954) 990-5251 ### Orlando Hurricane Milton Insurance Claims Lawyer https://www.gft.law/orlando-hurricane-milton-insurance-claims-lawyer/ There are many benefits to hiring an Orlando Hurricane Milton insurance claims lawyer. We can fully review the insurance contract to see if your loss is covered. ### Sarasota Hurricane Milton Insurance Claims Lawyer https://www.gft.law/sarasota-hurricane-milton-insurance-claims-lawyer/ Contact Fuxa & Tyler to speak with a Sarasota Hurricane Milton insurance claims lawyer, we can help. ### St. Petersburg Hurricane Helene Insurance Claims Lawyer https://www.gft.law/st-petersburg-hurricane-helene-insurance-claims-lawyer/ Contact our experienced St. Petersburg Hurricane Helene insurance claims lawyer to get assistance with your hurricane insurance claim today. ### St. Petersburg Hurricane Milton Insurance Claims Lawyer https://www.gft.law/st-petersburg-hurricane-milton-insurance-claims-lawyer/ Was your St. Petersburg area property damaged by Hurricane Milton? Now is the time to seek legal advice about your hurricane insurance claim. ### Sunrise Denied Insurance Claims Lawyer https://www.gft.law/sunrise-denied-insurance-claims-lawyer/ Fuxa & Tyler, our Sunrise denied insurance claims lawyer can work on your behalf to uphold your best interests and help you obtain the best possible outcome. Call us today at (954) 990-5251 ### Sunrise Hurricane Milton Insurance Claims Lawyer https://www.gft.law/sunrise-hurricane-milton-insurance-claims-lawyer/ If you are still trying to recover from Hurricane Milton, do not go through the process alone. At Fuxa & Tyler, our Sunrise Hurricane Milton insurance claims lawyer can help you navigate the process so you receive the full compensation you need. ### Tampa Boat Insurance Claims Lawyer https://www.gft.law/tampa-boat-insurance-claims-lawyer/ Request a consultation today with our Tampa boat insurance lawyer. To get the maximum compensation for your claim, call or contact us online. ### Tampa Hurricane Helene Insurance Claims Lawyer https://www.gft.law/tampa-hurricane-helene-insurance-claims-lawyer/ For caring, personalized service and fierce legal representation, contact our office to schedule a consultation with our Tampa Hurricane Helene insurance claims lawyer today. ### Tampa Hurricane Insurance Claims Lawyer https://www.gft.law/tampa-hurricane-insurance-claims-lawyer/ Get trusted, local legal help from our Tampa hurricane insurance claims lawyer to protect your rights. ### Tampa Hurricane Milton Insurance Claims Lawyer https://www.gft.law/tampa-hurricane-milton-insurance-claims-lawyer/ Our Hurricane Milton insurance claims lawyer protects your rights in dealing with insurers in the aftermath, fighting to get you the compensation you deserve. ### Tampa Insurance Disputes Lawyer https://www.gft.law/tampa-insurance-disputes-lawyer/ Our Tampa insurance disputes lawyer takes on insurers and fights to get what you are entitled to in your claim. Fuxa & Tyler has extensive experience handling complex insurance disputes. ## Recent Articles ### AI and Drought Threaten Fort Lauderdale Homeowners as Insurance Rates Decrease https://www.gft.law/blog/ai-and-drought-threaten-fort-lauderdale-homeowners-as-insurance-rates-decrease/ (2026-06-02) At Fuxa & Tyler, our legal team is made up of a diverse combination of attorneys who are well-positioned to protect the legal rights and financial interests of policyholders. If your property insurance claim was denied, we can help. ### Insurance Company Charges Florida Man for Home He Doesn’t Even Live in https://www.gft.law/blog/insurance-company-charges-florida-man-for-home-he-doesnt-even-live-in/ (2026-06-01) At Fuxa & Tyler, our legal team is made up of a diverse combination of attorneys who are well-positioned to protect the legal rights and financial interests of policyholders. ### What Is the Statute of Limitations for Property Insurance Claim Lawsuits in Fort Lauderdale? https://www.gft.law/blog/what-is-the-statute-of-limitations-for-property-insurance-claim-lawsuits-in-fort-lauderdale/ (2026-05-29) At Fuxa & Tyler, our legal team is made up of a diverse combination of attorneys who are well-positioned to protect the legal rights and financial interests of policyholders. ### Factors That Affect Your Insurance Premiums in Fort Lauderdale https://www.gft.law/blog/factors-that-affect-your-insurance-premiums-in-fort-lauderdale/ (2026-05-28) At Fuxa & Tyler, our legal team is made up of a diverse combination of attorneys who are well-positioned to protect the legal rights and financial interests of policyholders. ### How Is Property Insurance Different for Those Who Own Mobile Homes in Florida? https://www.gft.law/blog/how-is-property-insurance-different-for-those-who-own-mobile-homes-in-florida/ (2026-05-20) At Fuxa & Tyler, our legal team is made up of a diverse combination of attorneys who are well-positioned to protect the legal rights and financial interests of policyholders. ### Are You Ready for the Hurricane Season in Fort Lauderdale? https://www.gft.law/blog/are-you-ready-for-the-hurricane-season-in-fort-lauderdale/ (2026-05-19) At Fuxa & Tyler, our legal team is made up of a diverse combination of attorneys who are well-positioned to protect the legal rights and financial interests of policyholders. ### My Car Was Destroyed by Hail in Fort Lauderdale While Parked on My Property: Does Home Insurance Cover the Loss? https://www.gft.law/blog/my-car-was-destroyed-by-hail-in-fort-lauderdale-while-parked-on-my-property-does-home-insurance-cover-the-loss/ (2026-05-15) At Fuxa & Tyler, our legal team is made up of a diverse combination of attorneys who are well-positioned to protect the legal rights and financial interests of policyholders. ### Should I Raise My Home in Fort Lauderdale? https://www.gft.law/blog/should-i-raise-my-home-in-fort-lauderdale/ (2026-05-14) At Fuxa & Tyler, our legal team is made up of a diverse combination of attorneys who are well-positioned to protect the legal rights and financial interests of policyholders. ### Major Florida Insurer Accused of “Doctoring” Field Adjuster Reports https://www.gft.law/blog/major-florida-insurer-accused-of-doctoring-field-adjuster-reports/ (2026-04-20) At Fuxa & Tyler, our legal team is made up of a diverse combination of attorneys who are well-positioned to protect the legal rights and financial interests of policyholders. ### Florida Landlord Struggles With Denied Property Insurance Claim https://www.gft.law/blog/florida-landlord-struggles-with-denied-property-insurance-claim/ (2026-04-19) At Fuxa & Tyler, our legal team is made up of a diverse combination of attorneys who are well-positioned to protect the legal rights and financial interests of policyholders. ## Frequently Asked Questions Q: How long do I have to file a property insurance claim in Florida? A: Florida law sets the deadline for filing a claim with your insurer and a separate deadline for filing a lawsuit if the dispute is not resolved. Legislative changes in recent years shortened the timeframe for filing suit on a first-party property claim. Because these deadlines have changed, and because the clock may run from different triggering events depending on the circumstances, consulting an attorney early protects your ability to act. Q: My insurer sent an adjuster who gave a very low estimate. Can I dispute that? A: Yes. You are not bound by the insurer's adjuster's estimate. You can hire a public adjuster to prepare an independent estimate, and you can hire legal counsel to review the claim file and challenge the insurer's valuation. If the dispute is about the amount of loss rather than coverage, the policy's appraisal provision may provide a mechanism for resolving the disagreement. Q: What is the appraisal process in a Florida property insurance claim? A: Appraisal is a contractual dispute resolution process in which each party selects a competent appraiser, and the two appraisers then select a neutral umpire. The appraisers attempt to agree on the amount of loss, and if they cannot, the umpire resolves the disagreement. An award signed by any two of the three participants is binding. Appraisal does not resolve coverage disputes, only the dollar value of a covered loss. Q: Can I still pursue a claim if my insurer already issued a denial letter? A: A denial letter is not the end of the road. Denials can be challenged, and Florida law provides avenues for disputing a carrier's decision through litigation, appraisal in appropriate circumstances, and the Civil Remedy Notice process for potential bad faith claims. The key is not to let the denial sit unaddressed until deadlines expire. Q: What is a Civil Remedy Notice and when is it used? A: A Civil Remedy Notice is a statutory notice filed with the Florida Department of Financial Services and served on the insurer before a bad faith lawsuit can proceed. It identifies the specific conduct the policyholder believes constitutes bad faith and gives the insurer an opportunity to cure the alleged violation within a set period. If the insurer cures, the bad faith claim may not proceed. If it does not, the notice becomes a prerequisite to filing suit under Section 624.155. Q: My Clearwater home has both wind damage and flood damage from a storm. Does that complicate my claim? A: It does. Standard homeowners policies typically cover wind damage but exclude flooding. Flood damage is usually covered under a separate National Flood Insurance Program policy or a private flood policy. When a storm causes both types of damage, insurers sometimes dispute what portion of the damage was caused by which peril. This "concurrent causation" issue is one of the more contested areas of Florida property insurance litigation, and it often requires expert analysis to resolve. Q: The insurance company's contractor did shoddy repair work on my home. Who is responsible? A: When an insurer uses its managed repair program to send contractors to your property, the question of who bears responsibility for deficient work is legally complicated. Fuxa & Tyler specifically handles managed repair disputes and situations where insurer-directed contractors leave homes in worse condition than before. The firm pursues the insurer's accountability in these situations rather than leaving homeowners to chase individual contractors with limited resources. Q: Does it matter that my property is a condo rather than a single-family home? A: Yes, significantly. Condominium damage claims involve at least two layers of insurance coverage: the unit owner's individual policy and the association's master policy. Florida's Condominium Act and the association's declaration of condominium define where individual ownership ends and common element ownership begins, which dictates which policy applies to which part of the structure. Disputes between unit owners and associations over who is responsible for a repair, or whose insurance should... Q: I've been working with a public adjuster. Do I still need a lawyer? A: Public adjusters and attorneys serve different functions. A public adjuster documents and quantifies the loss and handles the claims process on your behalf with the insurer. When a claim proceeds to litigation, arbitration, or bad faith action, that requires legal representation. Fuxa & Tyler works directly with public adjusters and can step in when a claim has moved beyond what a PA can handle alone. If you are already working with a public adjuster, an attorney can complement that work rath... Q: What does it cost to hire Fuxa & Tyler for a property damage claim? A: The firm takes property damage cases on a contingency fee basis. There are no upfront legal fees. If the case does not produce a recovery, the client does not owe attorney fees. This structure makes legal representation available to policyholders who are already dealing with unreimbursed repair costs and financial pressure from an insurer that has not paid what it owes. Q: How do I know if my roof problems are from poor construction versus normal wear or a storm? A: This is exactly the question a qualified roofing expert or forensic engineer answers through an inspection of your specific roof. Normal weathering produces different patterns than installation defects. For example, shingles that blow off in a moderate wind event in a pattern consistent with improper nailing are distinguishable from storm damage affecting properly installed roofing. An independent inspection focused on identifying the mechanism of failure is the starting point for any claim. Q: What does the Chapter 558 pre-suit notice process actually require me to do? A: Florida Statute Chapter 558 requires you to serve written notice of the alleged construction defects on the contractor, subcontractor, or other responsible party before filing suit. The notice must describe the defects and the damage they have caused in reasonable detail. The recipient then has a set period to inspect the property, and after the inspection period, they must respond with an offer to repair, a monetary offer, a combination, or a denial. Only after that process is complete can l... Q: Can I sue the contractor even if I hired the roofing company through my insurance company's managed repair program? A: Yes, though the analysis is more complicated. When an insurance company directs a contractor to perform repairs under a managed repair program, questions arise about who bears responsibility for defective work, the insurer or the contractor. Fuxa and Tyler handles managed repair disputes where the insurer's contractor leaves the property worse off than when they started. Both the insurer and the contractor may share responsibility depending on the specific arrangement and how the work was rep... Q: My new roof already has a manufacturer warranty. Does that protect me if it was installed incorrectly? A: Manufacturer warranties typically cover material defects, not installation errors. If the roofing material itself is defective, the manufacturer warranty may apply. But most manufacturer warranties also have installation requirements, and a roof installed in violation of those requirements may void the material warranty entirely. Installation defects that cause the roof system to fail are generally a contractor liability issue, not a manufacturer warranty issue, though the documents from the ... Q: What if the contractor who built my roof is now out of business? A: A dissolved or defunct contractor does not necessarily mean there is no recovery. The contractor's liability insurance may still be available for claims arising from work performed while the policy was in effect. If the contractor was licensed in Florida, the Florida Construction Industry Licensing Board maintains records, and the Florida Homeowners' Construction Recovery Fund provides a limited source of recovery for homeowners who meet specific eligibility criteria. Additionally, if other p... Q: My insurer is blaming the contractor's faulty installation for denying my hurricane damage claim. What does that mean legally? A: It means the insurer is arguing that the cause of your loss was a construction defect rather than a covered peril. This is a common coverage dispute position in Florida. Under Florida insurance law, certain policies cover sudden and accidental damage resulting from covered perils even if a pre-existing defect contributed to the extent of the loss. However, the policy language controls, and the specific facts of what failed and why matter enormously. An attorney who understands both constructi... Q: How long does a faulty roof construction lawsuit typically take to resolve in Florida? A: Construction defect cases that go through the full Chapter 558 pre-suit process and then proceed to litigation can take anywhere from one to three years depending on the complexity of the defects, the number of parties involved, and the court's docket. Cases that settle after the pre-suit notice and inspection process, or through mediation, resolve faster. The timeline depends significantly on the contractor's and their insurer's responsiveness during the pre-suit period and whether expert te... Q: Does homeowners insurance cover damage caused by a contractor's faulty roof installation? A: Homeowners insurance policies generally cover sudden and accidental damage from covered perils but are not intended to cover the cost of correcting construction defects themselves. If a defective roof installation causes interior water damage, mold, or structural damage during a rainstorm or windstorm, the resulting damage may be a covered claim even if the underlying cause was poor installation. The insurer may attempt to deny on the basis that it is a construction defect exclusion issue. An... Q: What is the difference between a construction defect claim and a breach of contract claim against my roofer? A: A breach of contract claim arises from the contractor's failure to perform the work as agreed in the contract, whether that means the contract specified certain materials, methods, or standards that were not followed. A construction defect claim under Chapter 558 is a statutory framework that covers defects in the design, construction, or material used in construction, regardless of whether the contract specifically addressed every technical requirement. Both theories may apply in the same ca... Q: Can a public adjuster help with a faulty roof construction claim, or do I need an attorney? A: A public adjuster can help document, quantify, and present your property damage claim to your insurance company, and Fuxa and Tyler works closely with public adjusters in Florida as part of how they handle complex property claims. However, a public adjuster cannot file or litigate a lawsuit, cannot serve a Chapter 558 notice, and cannot negotiate a legal settlement on your behalf. For claims that involve a contractor dispute alongside an insurance coverage dispute, both roles serve distinct f... Q: My insurer says the roof damage is from wear and tear, not the storm. Can I challenge that? A: Yes, and this is one of the most common disputes in Florida roof leak claims. The carrier's determination is based on its adjuster's report, which can be countered with an independent inspection from a licensed roofing contractor or public adjuster who documents storm-related causation. Wind-driven rain, hail impact, and debris damage leave identifiable physical evidence that an experienced inspector can distinguish from gradual deterioration. An attorney handling roof leak disputes can also ... Q: The insurer offered a settlement, but it does not cover the actual cost of repairs. What are my options? A: You are not required to accept the initial offer. Florida policyholders can dispute the amount through the appraisal process, if the policy includes an appraisal clause, or through litigation if appraisal is not available or has failed to produce a fair result. In appraisal, each party appoints an independent appraiser, and those appraisers select an umpire to resolve disagreements. This process can produce significantly higher awards than the carrier's initial estimate when your appointed ap... Q: Does Florida law require my insurer to respond to my claim within a certain timeframe? A: Florida statutes do impose claim-handling deadlines on property insurers. Carriers are generally required to acknowledge a claim promptly, begin an investigation, and issue a coverage decision within set timeframes. Penalties for non-compliance, including the potential for bad faith claims, apply when insurers unreasonably delay or deny legitimate claims. If your insurer has been slow to respond or has left your claim in a prolonged investigation phase without explanation, that pattern may be... Q: What does bad faith mean in the context of a roof leak claim? A: In Florida, bad faith refers to an insurer's failure to handle a claim with the good faith and fair dealing required by law and the terms of the policy. In roof leak contexts, bad faith conduct might include ignoring evidence supporting coverage, applying exclusions the insurer knows do not apply, low-balling a settlement offer without a reasonable basis, or unreasonably delaying a claim decision to pressure the policyholder into accepting less. When bad faith is established, Florida law allo... Q: My insurer sent a contractor to fix the roof, and the repair was done poorly. Now the leaks are worse. Who is responsible? A: When an insurer invokes a managed repair or right-to-repair provision and the resulting work is defective or incomplete, the carrier retains exposure for the resulting condition. Fuxa and Tyler specifically handles disputes arising from botched insurer-directed repairs, including situations where contractors used by the carrier left hidden moisture, failed to dry out structural materials properly, or addressed only surface damage while ignoring deeper issues. These cases often involve both th... --- Detailed version — see https://www.gft.law/llms.txt for summary Generated by MileMark Schema Pro