A construction defect is any flaw in the design, workmanship, or materials of a structure which results in a failure of one or more of the structure’s components. Construction defects are covered under Chapter 558 of the Florida Statutes and require the claimant, or property owner, to “serve written notice of claim on the contractor, subcontractor, supplier, or design professional, as applicable” prior to filing an action. The notice of the claim must detail “the nature of each construction defect and if known, the damage or loss resulting from the defect.” These claims could occur weeks or even years after a construction project has concluded.
In this brief article, a Ft. Myers construction defect lawyer will discuss some of the most common construction defects in the State of Florida and their causes. If you have ever been accused of defective work or are currently facing a construction defect lawsuit, it is imperative that you contact one of our lawyers at Cotney Construction Law. Consult with a Ft. Myers construction defect attorney and learn your rights and how you can defend your business against a defective work claim.
Foundation issues are a big problem for a number of Florida properties due to poor soil, soil shrinkage, erosion, and soil shifting. The most common foundation issues are sinking foundation, shifting foundation, foundation settlement, and cracks in the foundation. Over time, these issues can lead to more serious problems, such as structural instability, uneven floors, and leaning walls.
Since the State of Florida frequently experiences heavy rainfall, particularly during the hurricane season, there is a greater potential for water damage to the roof. If water damage penetrates the roof, it can compromise the structural integrity of the home and lead to rot and mold. A number of roof defects frequently arise, but the most common defects include improperly installed roofing, missing anti-ponding metal at eaves, exposed roof tiles, broken or chipped roof tiles, and gutters that are unable to drain.
Related: 5 Common Roofing Defects
Hot and Cold Spots
Hot and cold spots, or different temperatures throughout the house, are often a sign of a construction defect either in the physical structure of the house, such as placement of doors and windows and quality of insulation, or in the installation of the ductwork. Any faults in the ductwork, whether it’s inadequate sizing or poor design, will reflect in the air circulation of the home, leading to these hot or cold spots. It is important to ensure that airflow is properly circulated throughout the house, especially in somewhere like Florida.
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.