Protect your Business from Costly Construction Defect Claims
A construction defect is a claim from an owner that their property is devalued due to delinquent construction or faulty materials. Due to the prevalence of these claims, Chapter 558 of the Florida Statutes was drafted to set forth requirements on how owners should handle a defect, as well as the responsibilities of contractors, subcontractors, or other construction professionals when receiving notification of an intended claim.
Defect claims are one of the most common challenges facing construction industry professionals, and they can also be one of the most damaging. With that said, as soon as a notice to file a defect claim is received it is imperative to consult with an experienced Jacksonville construction defect lawyer who can manage the process to avoid negative impacts to your company’s reputation or financial damages due to costly litigation.
To help you better understand Florida Statutes, Chapter 558, here are 3 important things to know about construction defects from our Jacksonville construction defect attorney.
Construction Professionals’ Rights
Owners are required to inform the contractor, subcontractor, or other construction professional they believe is responsible for the defect 60 days before filing a lawsuit. The contractor then has 45 days from being notified of the intended claim to repair the defect, provide a monetary settlement, a combination of repairs and monetary compensation, or claim a denial of fault in the defect.
Statute of Limitations
In order for a construction defect claim to be valid it must be filed within four years from the close of the project, the contract fulfillment or termination, date of job abandonment, or when the owner takes possession of the property. The only time the four year statute of limitation does not apply is when the defect was unexposed or dormant. In this case, the statute of limitations begins once the defect is reasonably recognized. To determine if a defect has been reasonably discovered, consult with a Jacksonville construction defect lawyer.
Deadline for Filing a Defect Claim
The statute of repose or deadline to file a construction defect claim is 10 years from the close of the project, when the contract was fulfilled or terminated, the date the job was abandoned, or when the owner takes legal ownership of the property. After 10 years has passed, no action or lawsuit can be taken by the property owner.
To schedule consultation with an attorney from Trent Cotney, P. A., please call us today at 904.425.5030 or request a consultation.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.