Construction defects are a very common cause of disputes that often lead to litigation. A defect can be caused by various factors stemming from poor workmanship, negligent design, and the use of inadequate supplies and materials. These issues result in the failure of an aspect of a building structure which leads to project delays and damages which will ultimately affect someone’s bottom line.
Common Defects Miami Construction Defect Attorneys Dispute
- Landscaping and soil
- Faulty drainage
- Cracks in foundation, walls, or roofs
- Dry rot
- Building envelope flaws
- Structural failure
- Water issues
- Heating and electrical issues
Responding to a Notice
Once an owner sends the responsible party a notice of claim, the responsible party can dispute the claim. Florida is a right to cure state which means the responsible party can offer to correct the defect by providing a statement explaining their offer to settle monetarily or to make repairs along with a reasonable timeframe for doing so. The owner may also refuse and pursue litigation.
What Can You Recover?
Lawsuits are expensive, for this reason, we always recommend parties try to resolve the dispute through alternative dispute resolution, which is typically cheaper and a faster process. What you recover in a defect lawsuit depends on a number of factors such as whether the defect is patent or latent, expert testimonies, and the number of parties involved in the case. Our Miami construction defect attorneys are your best resource for determining what’s recoverable.
Timing is Everything
It’s important for construction professionals to become well-acquainted with Chapter 558 of the Florida Statutes because it provides guidelines you’ll want to adhere to in order to file claims or attempt a lawsuit. The statute of limitations requires the claim to be filed within four years of the project’s ending which includes a contract termination, job abandonment, or when the owner takes possession of the property. This does not apply to latent defects where the statute of limitation begins once the defect is discovered.
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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.