To document a construction defect, you build a written record the builder, a warranty program or a court can rely on. That means a complete written defect list, supporting evidence such as photos, videos and expert reports, and proof of when and how you notified the builder. Right-to-repair laws in states such as California, Florida, Georgia and Texas set specific notice rules.
Last reviewed: September 2026. Sources are listed at the end of this page.
Why does documentation matter for a construction defect claim?
The New Jersey Department of Community Affairs (DCA) states that the burden of proving a defect exists lies with the homeowner, and it advises having as much documentation as possible, such as photos and expert reports.[7]
The same records support your notice, the inspection and any warranty claim. Florida’s right-to-repair law, for example, lets the parties request each other’s photographs and videos of the alleged defect, expert reports, plans and maintenance records (Fla. Stat. § 558.004(15)).[4]
What records do the sources say to keep?
State laws and agencies name the same core types of evidence. This table shows which sources name which records.
| Record | Named by |
|---|---|
| Photographs and videos of the defect | Florida § 558.004(15), Georgia Attorney General, New Jersey DCA, Maryland Attorney General |
| Expert and inspection reports | Florida § 558.004(15), Georgia Attorney General, New Jersey DCA, Maryland Attorney General |
| Contracts | Maryland Attorney General |
| Receipts and invoices | Maryland Attorney General |
| Written communications and a log of conversations | Federal Trade Commission (FTC), Maryland Attorney General |
| Plans and maintenance records | Florida § 558.004(15) |
| Evidence of the defect’s nature and cause | Texas State Law Library (Texas RCLA) |
Sources for the table: [1][4][5][6][7][9]
How do you document a construction defect, step by step?
Each step below is drawn from a state law, agency or warranty document.
- Check the warranty. The FTC advises checking your warranty to confirm the problem is covered.[1] Note any exclusions and every notice deadline.
- Find out which rules apply. Your state may have a right-to-repair law with its own notice steps. Warranty programs and manufacturers may set separate rules.
- Collect photos, videos and reports. Gather the evidence types in the table above. Georgia’s Attorney General says homeowners provide any expert reports, including inspections, photographs or videos.[5]
- Write a complete defect list. Describe each defect and where it is. California’s SB 800 calls for enough detail to determine the nature and location of each alleged violation, plus your name, address and preferred method of contact (Cal. Civ. Code § 910(a)).[2] Florida asks for the nature of each defect and, if known, the resulting damage.[4] New Jersey DCA warns that the list forms the entire basis of your request, so make it complete.[7]
- Send the notice in writing. The FTC says to put repair requests in writing and suggests certified mail with a return receipt.[1] Some states name the method. Texas requires certified mail, return receipt requested.[6] California allows certified mail, overnight mail or personal delivery.[2] New Jersey DCA says to send the list by certified mail, return receipt requested, and also by regular first-class mail.[7]
- Keep copies and a log. Keep a copy of your list, as New Jersey DCA advises, and a record of all correspondence and conversations, as the FTC advises.[1][7]
- Allow the inspection. Florida requires reasonable access during normal working hours, and destructive testing needs agreement.[4] California’s builder must finish its initial inspection and testing within 14 days after acknowledging your notice (§ 916).[2]
- Get written approval before repairs. New Jersey DCA says repairs made without the program’s written authorization will not be reimbursed.[7] State laws set their own rules on repairs. Wisconsin, for example, lets homeowners make emergency repairs without first giving notice (Wis. Stat. 895.07(12)).[11]
- Notify each warrantor separately. New Jersey DCA states that notice to your builder is not notice to the warranty administrator.[8] GAF’s shingle warranty says the same about notice to a contractor, dealer or builder, and it requires notice within 30 days after you notice a problem.[10]
What notice deadlines should you track?
Deadlines differ by source, and a missed one can end a claim. Some examples:
- Florida: notice at least 60 days before filing suit, or 120 days for associations of more than 20 parcels (Fla. Stat. § 558.004(1)).[4]
- Texas: notice at least 60 days before suit. The contractor then has 60 days to inspect and make a settlement offer.[6]
- California: for new homes where the seller signed the purchase agreement on or after January 1, 2003 (Cal. Civ. Code § 938), the California Department of Consumer Affairs says homeowners contact the builder first, before suing.[3]
- New Jersey warranty: notify the builder no later than 7 calendar days after the warranty for that defect expires.[7]
- Maryland Home Builder Guaranty Fund: file by the earlier of 2 years after discovery or 2 years after the warranty expires.[9]
Can filing with a warranty program affect other claims?
Yes, in New Jersey. Filing with the State Plan is an election of remedies that bars a court claim on the same matters, according to New Jersey DCA.[7] Read the program rules before you file. See new-home builder warranties and resolving a construction defect dispute.
This page is general information, not legal advice. Laws change and vary by state. Check the current statute or talk to a licensed attorney in your state before acting.
Related guides
- Construction defect right-to-repair laws by state
- New-home builder warranties
- Resolving a construction defect dispute
- Statutes of limitations vs. statutes of repose
- What is a construction defect?
Sources
- Federal Trade Commission, “Warranties for New Homes,” updated June 26, 2026. https://consumer.ftc.gov/articles/warranties-new-homes
- California Legislature, “Cal. Civ. Code §§ 910 to 938, Prelitigation Procedure” (current text, checked September 2026). https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV§ionNum=910.
- California Department of Consumer Affairs, “Construction Defect Notice to Owners of New Residential, Single-Family Dwellings.” https://www.dca.ca.gov/publications/construction_defects.html
- Florida Legislature, “Florida Statutes 558.004,” 2026. https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0500-0599%2F0558%2FSections%2F0558.004.html
- Georgia Attorney General’s Consumer Protection Division, “Right to Repair Act.” https://consumer.georgia.gov/consumer-topics/right-repair-act
- Texas State Law Library, “Construction Defects,” updated July 7, 2026. https://guides.sll.texas.gov/consumer-protection/construction-defects
- New Jersey Department of Community Affairs, “New Home Warranty Program Homeowner’s Booklet,” revised Sept. 2025. https://www.nj.gov/dca/codes/publications/pdf_nhw/homeowners_booklet.pdf
- New Jersey Department of Community Affairs, “New Home Warranty for Consumers,” modified Aug. 24, 2026. https://www.nj.gov/dca/codes/offices/nhw_for_consumers.shtml
- Office of the Attorney General of Maryland, “File a New Home Builder Claim.” https://oag.maryland.gov/i-need-to/Pages/file-a-new-home-builder-claim.aspx
- GAF, “GAF Shingle and Accessory Limited Warranty (RESWT160L),” effective Jan. 1, 2025. https://www.gaf.com/en-us/document-library/documents/warranties/gaf-shingle-and-accessory-limited-warranty-reswt160l.pdf
- Wisconsin State Legislature, “Wis. Stat. ch. 895” (PDF). https://docs.legis.wisconsin.gov/statutes/statutes/895.pdf