Construction defects are typical in the construction industry but are you prepared to defend your rights against defects rooted in poor workmanship, defective building material, or a bad design? The bottom line for many professionals is proving who’s at fault for construction-related defects. Our Miami construction defect lawyers can not only help you determine who’s at fault, but we can tell you whether you have a valid defect case.
Common Defect Claims
Construction defects are either “latent” or “patent”, meaning they are either hidden or not hidden, respectively. Regardless of the type, they lead to the following types of issues:
- Fractured foundation
- Faulty plumbing or wiring
- Roof leaks
- Pest infestations
- Cracked flooring
- Sealant or stucco failure
- Water intrusion
- Drywall issues
- Mold encroachment
- Defective roofing or windows
- Soil subsidence or movement
Proving a Defect Exists
Owners will have to prove that there is an existing defect as outlined by the Florida Statutes, Chapter 558. The best way for the owner to do so is to hire an expert defect lawyer to validate or invalidate the owner’s claim. The owner is also responsible for identifying the location, project plans and specifications, and other documentation in order for the contractor to correct the defect without undue burden.
Statute of Limitations and Statute of Repose
The deadline for filing a claim is within four years of one of the following:
- Project completion
- Issuance of a certificate of occupancy
- Possession of property by owner
- Abandonment of construction
- Termination of contract
From there, if the defect is latent, the deadline for filing is based on the discovery of the defect. The statute of repose dictates that after 10 years, an owner can no longer take action on a construction defect.
Florida, a Right to Cure State
Fortunately for contractors, subcontractors, and suppliers, Florida is a right to cure state. Once an owner sends a contractor a 60-day notice of the alleged defect, the contractor has a specified number of days to fix the error before the owner can file a lawsuit. The contractor must respond either by making proper repairs or by providing money to pay for the repairs.
If you are in need of a professional construction law firm, please submit our contact request form for more information.
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.