Condo Contractors Gone Wrong In Florida: Suing For Negligent Supervision And Bad Work

Condo construction projects are where things go to die: roof replacement turns into interior leaks, balcony repairs crack the waterproofing, a “simple” hallway remodel creates trip hazards for weeks. When the contractor’s work is sloppy or unsafe, owners usually get the same brush-off: “That’s the vendor’s fault, not the association’s.”

Our Miami, FL real estate litigation lawyer knows that is not always true. In Florida, a condo association has statutory maintenance responsibilities for common elements, and it can also face liability when it hires the wrong contractor, fails to supervise safety, or ignores dangerous conditions once it knows about them.

Step One: Figure Out What Kind Of “Gone Wrong” You’re Dealing With

Most contractor disputes fall into two buckets, and the legal strategy changes depending on which one you have:

1) Bad work (construction defects): improper installation, failed waterproofing, code issues, recurring leaks, cracked concrete, defective materials.
2) Unsafe work (negligence): blocked walkways, missing warnings, exposed wiring, falling debris, poor site control, and injuries or property damage caused during the work.

Sometimes you have both. A contractor can create an unsafe condition today and leave a defect that costs the building money for years.

Who Can Be Sued, And Why It Is Rarely Just One Party

You typically have three potential targets:

The contractor (and sometimes subcontractors): for negligence and for breach of contract or warranty if the work does not meet the contract requirements.

The condo association: for failing to meet its statutory and documentary obligations, and for negligent selection or negligent supervision when the facts support it. A condo association is responsible for maintenance of the common elements, except where limited common element maintenance is assigned to the unit owner by the declaration.

Sometimes the management company: depending on the contract structure and what the manager-controlled day to day.

The Association’s Favorite Defense: “Independent Contractor”

Florida generally follows the rule that the party hiring an independent contractor is not liable for the contractor’s negligence, because the hiring party does not control how the work is performed.

But Florida also recognizes major exceptions, and those exceptions are exactly where condo cases live:

• Negligent selection (hiring the wrong contractor)
• Negligent instruction or supervision (controlling safety or ignoring known dangers)
• Nondelegable duties (you cannot outsource certain duties and pretend you are off the hook)

Claim 1: Negligent Selection (Hiring An Incompetent Contractor)

If the association hired a contractor that was incompetent or unfit, the association can face direct liability for that hiring decision.

Florida courts have described negligent selection as a recognized exception to the independent contractor rule.

A commonly cited framework requires proof that:

1. the contractor acted negligently
2. the contractor was incompetent or unfit at the time of hiring
3. the association knew or should have known of that unfitness
4. the unfitness was a proximate cause of the damages

What Does That Look Like In A Condo Context?

• Hiring an unlicensed contractor when licensing was required
• Ignoring obvious red flags like prior failed projects, lawsuits, or documented complaints
• No real vetting, no references, no proof of insurance, no track record
• Choosing the cheapest bid despite clear competence gaps

Claim 2: Negligent Supervision Or Failure To Act Once The Danger Is Known

Even if the contractor is independent, liability can still attach where the association knew a dangerous situation existed and did nothing.

Florida law recognizes that if the hiring party gains knowledge of a dangerous situation created by an independent contractor, liability may arise from failing to halt operations or otherwise remove the danger.

In condo reality, this comes up when:

• Work areas are left unguarded and residents still have access
• Walkways are blocked without alternative routes
• There are repeated complaints and visible hazards, but the board or management does not step in
• The association knows water intrusion is worsening but keeps paying the contractor without requiring correction

This is also where your timeline matters. The longer the association had notice of the danger or defective work, the harder it is for them to say they acted reasonably.

The Nondelegable Duty Angle: You Can Outsource Work, Not Responsibility

Here’s the part boards hate: even if the contractor is the one swinging the hammer, the association may still have duties it cannot dump.

Florida Statute 718.113 states that maintenance of the common elements is the responsibility of the association (with limited common element exceptions only if assigned by the declaration).

Florida law also recognizes “nondelegable duty” principles in situations where the nature of the work or the relationship creates a duty to third persons that the hiring party must ensure is performed with reasonable care.

In plain English, if the association has a duty to maintain and keep common elements reasonably safe, it cannot always escape liability by pointing at a vendor. That does not mean the association automatically loses every time a contractor messes up. It means “we hired someone” is not a magic shield when the association’s own duty and knowledge are part of the story.

Bad Work Can Trigger Florida’s Construction Defect Pre Suit Process

If the issue is defective construction or repair work, Florida’s Chapter 558 process may apply. Section 558.004 requires a claimant to serve a written notice of claim at least 60 days before filing a construction defect action, or at least 120 days for an action involving an association representing more than 20 parcels.

That notice must describe the defects in reasonable detail and identify locations so the responding parties can investigate.

This is where people mess up by running to court first. If Chapter 558 applies and you skip the notice step, the lawsuit can get stayed while you go back and do the statutory process.

What Owners Should Do Immediately When Contractor Work Starts Going Sideways

If you want a real claim later, build the record now:

1. Document everything: photos, videos, dates, locations, and what changed after each “repair.”
2. Get the contract package: scope, change orders, warranties, insurance certificates, and the payment schedule.
3. Track notice: emails to management, incident reports, resident complaints, and any board responses.
4. Use specialists when needed: engineer reports can separate “cosmetic” from “defect,” and can identify causation.
5. Do not let the association frame it as a personal issue: tie your complaint to common element maintenance and safety obligations under the statute and the declaration.

Legal Remedies Owners Use In Condo Contractor Disputes

Depending on the facts, remedies can include:

• Injunctive relief to force proper repairs or stop dangerous work
• Damages for unit damage, personal property loss, and related costs
• Claims tied to enforcement of Chapter 718 and the governing documents

Florida Statute 718.303 allows actions at law or in equity for failure to comply with Chapter 718 and the condo documents, and it includes a prevailing party attorney fee provision.

Where This Leaves You?

When condo contractors go wrong, the smartest approach is to stop accepting vague blame shifting and start pinning down duty, notice, and documents. The contractor can be liable for the bad work, but the association can also be on the hook if it hired incompetently, failed to supervise safety once problems were known, or tried to outsource a duty Florida law puts on the association for common elements.

Condo Contractor And Construction Disputes

Perez Mayoral, P.A. represents unit owners in disputes arising from defective or unsafe contractor work in condominiums, including claims involving negligent supervision and common element maintenance failures. We help identify responsibility between contractors and associations.

If contractor work in your condo has caused damage or safety issues, contact us at 866-416-2368 or [email protected] to schedule a consultation.