Construction defects are a deficiency in construction or flaws in the materials that are utilized during construction that depreciates a property. Construction defect claims are extremely involved cases that entail a skilled and experienced construction defect lawyer with a substantial background in all sections of the construction industry. If you receive a notice of a construction defect, it is particularly crucial to get in touch with a construction lawyer that excels in construction defect defenses as quickly as you can.
In our experience as Orlando construction defect lawyers, several of the more familiar claims of construction defect include issues such as:
Fractured foundation or unsuitable water proofing
Building envelope flaws
Water intrusion due to defective roofing or window/door seals
Soil subsidence or movement
STATUTE OF LIMITATIONS
In the state of Florida, a lawsuit for construction defects needs to be taken to court within four years from the end of the project. The timer for the statute of limitations for construction defects usually begins when the proprietor takes ownership of the property, when the contract is finished or closed, or when a certificate of occupancy is published. The time frame for the statute of limitations will begin on the date the defect was found or should have logically been uncovered with due diligence, if the defect is concealed, latent, or unfit to be ascertained. To deduce when your statute of limitations starts, it is a good idea to take counsel from an Orlando construction defect attorney.
STATUTE OF REPOSE
Ten years from the date of the ownership by the proprietor, the certificate of residency, date of abandonment of work, or the date of finalization or closing of the contract between the architect, engineer, or licensed contractor and the employer, is the statute of repose. A lawsuit may not be taken to court after the length of ten years, under no conditions.
RIGHT TO CURE
Property owners are instructed to give contractors, suppliers, subcontractors, or design professionals a written notification 60 days before filing a lawsuit to give notice of alleged construction defects, under Chapter 558, Florida Statutes. This warning will enable contractors, suppliers, subcontractors, or design professionals a chance to fix the defect, present a settlement, or a combination of the two to steer away from legal action.
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.