Construction Defect Claims in Florida

A home is a big investment. Building a home is an even bigger investment. So what do you do if something goes wrong during the construction process? Homeowners often think that they don’t have any recourse against a construction company that has not done their job when building their home.

If you have experienced issues with your construction process or your home is not approved to be lived in due to problems with the way that it was built, a lawyer can help. The team at the Lopez Law Group has years of experience with these kinds of claims and can help you to seek a favorable outcome for your case.

What is a Construction Defect?

A construction defect is a condition that can lower the property value of a home, can cause the home to fail its inspection by the county, or which can make the home or building unsafe to live in. These kinds of issues or defects can be caused by mistakes to do with how the building is built, problems with materials that are used in the creation of the structure, and more.

These kinds of disputes are often best handled by a legal expert. As a homeowner or an investor in a building project, you will be unlikely to have the trade experience necessary to stand up to a construction company and make solid arguments about their faulty work. A legal team can take the time to study the situation, do research, and look at prior cases to prove that there was an issue with the home that is involved in the dispute.

How is a Construction Defect Defined Under Florida Law?

Construction defects must meet certain qualifications to be considered defects under Florida law. Your lawyer will be familiar with these requirements and will ensure that this information is brought to bear in your case. The following must be true of a defect in a home or structure that was built for you to be considered a construction defect by law:

•         The issue is related to defective materials or products or components used in the building or remodeling process.
•         Violations of applicable codes which can cause problems with regard to the safety of the building or sign-off from the county.
•         Failure of the construction company to meet the professional standards of care at the time of the approval by government or state entities.
•         Failure to construct or remodel property in accordance with accepted trade standards and workmanlike construction

The law defines defects in construction as being deficiencies that arise from problems with surveying, construction, planning, supervision, and observation of the construction job in question. This offers a pretty broad definition of these kinds of problems, which can make it fairly straightforward to defend clients in these cases.

What Are the Most Common Construction Defects in the State of Florida?

There are some common issues that can lead to defect claims in the state of Florida. Just because the issue that you are grappling with is not covered in this section does not mean that it cannot be considered a construction defect, however. Any kind of issue with the safety, security, or stability of your home that has taken place related to construction work can count as a construction defect.

Remember, as well, that remodeling work falls under the same category as construction from the ground up. Those who are in your home or on your property doing work related to a remodel are required to meet the same standard of care for the work that they do on your property. You will find that these are the most common issues that can arise due to construction work:

•         Water seepage through roofing or walls
•         Siding and façade defects or problems
•         Water entering the home through windows and sliding doors
•         Issues with stucco application and durability
•         Leaks or cracks in the foundation slab
•         Faulty drainage
•         Improper landscaping and irrigation
•         Termite infestation
•         Incorrect material selection
•         Structural failure or collapse
•         Defective plumbing or mechanical systems
•         Faulty electrical components and systems
•         Incorrect or inadequate environmental controls
•         Insufficient insulation or poor sound control
•         HVAC problems
•         Issues with leaks in the bathroom
•         Problems with standing water on roofing, decks, and patios

One of the most common issues in a subtropical environment is mold or problems with water management and leaking in various parts of the home. Homes that are built up to Florida code should not suffer from these issues. That is why it is so important that the construction company working on your project is following these guidelines.

If any of these issues are present on your property, you need to secure a skilled lawyer to help you with your case. The team at Lopez Law can help you secure a favorable outcome in your construction defect case. Even if the construction company itself was not to blame for faulty products or materials, we can ensure that the right parties are held accountable for your home construction woes and expenses.

How Long Do I Have to File a Claim?

If you have suffered an issue with your construction job, you will have four years under Florida law to be able to file the claim associated with the issue. It is always a better idea to report the claim as soon as possible, however. The longer that you wait to file, the more likely it will be that all of the involved parties will no longer remember the issue or job. You might also find that many of the people who were working on your property are no longer in business.

Being able to recover the money that you need to repair or make changes to your construction project is key. The longer that you wait to start the claims process, the less likely it will be that you will get the money you need to handle this kind of problem.

Final lawsuits are sometimes filed as long as ten years after the construction job has been completed. These claims can take a very long time to review and to be adjudicated. They are often quite complex and can involve many parties. The team at Lopez Law will be happy to help you to keep everything straight and to present the right information to seek redress for the problems with your construction job.

What Happens When Your Contractor is Notified About Your Claim?

Once your contractor has received notice that you have filed a claim, they have a “right to cure” the issue. They will have 45 days to respond in writing with information about the proposed solution that they are offering. In most cases, the company will offer to fix the defect for no cost to the owner. The date when the repair will be completed will be added to the letter as well.

If the construction company cannot remedy the issue, they will usually offer a financial settlement of some kind in place of a resolution. The company can also dispute your claim in writing. You will need to accept or reject the company’s offer within 45 days of receiving it to be able to follow through with the rest of the claims process.

When you have issues with the construction company being unresponsive or the settlement or resolution that was offered is not fair, you will need to secure a legal expert to work on your case. Having the support of an experienced lawyer can have a big impact on the resolution that is offered to you by the company that caused the issues during construction. It can be hard to compel a company to take responsibility for the work that they made errors on without the help of a lawyer.

Always consider talking with a lawyer before you accept the offer that the construction company has presented to you. This will avoid problems that are hard to remedy down the road if there are further issues with the work that you submitted a claim for. Being sure that you are getting an actual resolution to your troubles is essential. A legal professional can make sure that you are able to get the right offer from your construction company to take care of all of the issues caused by their mistakes.

Work With a Skilled Legal Team

If you have a construction defect claim that needs to be filed or you have received a remedy offer that you think is not sufficient, you need to secure a skilled lawyer right away. The team at Lopez Law Group has years of experience with these kinds of cases and can help you to seek a fair and favorable outcome in your construction defect case.

Accepting an incomplete resolution or a complete denial of responsibility from your construction company is not acceptable. We can make sure that you are able to hold your construction company accountable for their errors and that they are required to remedy their mistakes. Contact us today to get scheduled for a free consultation regarding your construction defect claim.

Related:

Hail and Roof Damage Claims

Flood Damage Claims

Hurricane Damage Claims

Contractor Negligence Claims