Who is Liable for Construction Defects? Part 2
Construction defects are frustrating for every party involved in a construction project. Typically, when a construction defect arises, contractors and owners start pointing fingers. After all, construction defects can greatly increase costs and throw a project off its course. When construction defects reveal themselves later on, sometimes even years after construction has wrapped up, the […]
Who is Liable for Construction Defects? Part 1
When it comes to construction defects, diagnosing the defect is oftentimes much simpler than figuring out who is responsible for it in the first place. Some defects reveal themselves during construction, while others could take years to discover. Since construction defects include a wide range of issues — from unstable or cracked foundations to poor […]
6 Steps to Reduce Construction Disputes Part 2
As experienced Sarasota construction attorneys, we know that disputes are not always avoidable. However, some disputes can be mitigated or eliminated altogether when construction professionals consider the preventative steps discussed in this two-part article. In part one, we discussed upfront planning, identifying risks early, and reading the contract. Read on to learn about the last […]
6 Steps to Reduce Construction Disputes Part 1
Construction disputes are costly, risky, and damaging to relationships. To avoid getting embroiled in a dispute, certain steps can be followed to help you and your team avoid disputes. In this first article, our Sarasota construction attorneys will provide the first three steps: plan upfront, identify risks early, and read the contract. Upfront Planning If […]
3 Ways to Minimize the Effect of Defect Claim Damage
Over the course of your construction career, you may encounter some hiccups along the way. Defects in the structures you build may be among those issues. Since construction projects involve many moving parts, deficiencies within a structure can present themselves in a number of ways. It is difficult to completely eliminate construction defects, but you […]
Construction Defects and Spoliation of Evidence Part 2
Imagine, while knee-deep in a new project, receiving a call regarding an issue with a building you were in charge of a couple of years ago. While discovering defects in work completed long ago can be a hassle, dealing with a spoliation claim exacerbates the issue. Spoliation of evidence is a continuous concern in construction […]
Construction Defects and Spoliation of Evidence Part 1
Given the abundance of residential and commercial buildings being built and remodeled across the nation, construction professionals must stay aware of potential defects that occur during the design or building phase of a project. Once a defect is found, contractors, subcontractors, architects, or engineers must be careful about how they proceed with remedying the defect […]
Settlement Agreements and Releasing Latent Defects
When settling construction defect claims and entering in a mutual general release, there are numerous items that contractors must address in order to ensure exposure for future lawsuits with the plaintiff are minimized. One such item is what is known as a latent defect, which is typically defined as a defect that is hidden or […]
What Constitutes a Violation of the Building Code?
In construction defect disputes, owners, developers, and associations, often times assert a claim against contractors for a violation of the building code. Such a claim is authorized pursuant to Florida Statute s. 553.84. This inevitably brings up the question of who determines whether an asserted defect, error, or omission constitutes a violation of the building […]
Indemnification and The Statute of Repose
We have previously written on the difference between the statute of limitations and statute of repose with regard to construction related disputes. As a refresher, in the construction defect context, a claimant has four years to file suit from the date they knew or reasonably should have known with the exercise of due diligence the […]