Florida Construction Defect Attorney
When people enter into a contract regarding a construction project, they do not foresee that a project could fail, or that the finished product will be unsafe or below industry standards. However, there are often unforeseen challenges in construction projects and these can lead to accusations of construction defects. Our Florida construction defect attorney represents homeowners, contractors, and subcontractors in construction defect disputes that relate to construction contract warranty claims and the quality of work on a construction project. We also represent plaintiffs and defendants regarding the compliance and applicability of Florida law.
Common Types of Construction Defects
A construction defect refers to conditions in a completed construction project that lower the overall value of the project. When a construction defect is obvious, it is known as a patent defect. Sometimes, construction defects are much more subtle and they do not become obvious until several years have passed since the completion of the construction project. These are known as latent defects. There are a number of variables and factors that can result in a construction defect including material or product insufficiencies, maintenance and operation issues, and construction process failures. Some of the most common types of construction defects are as follows:
- Window leaks
- Roof leaks
- Shower enclosure leaks
- French door and sliding glass door leaks
- Stucco cracking and shrinkage
- Concrete cracking
- Mold
- Cracking drywall
- Water ponding on decks and balconies
- Moisture through flooring
- Soil settlement and drainage issues
- Structural issues
- Fit and finish issues, such as tile, cabinetry, and paint
Why Work with a Florida Construction Defect Attorney?
Although there are certainly legitimate construction defect claims, some cases are unwarranted and are only made in the hopes of an easy and early settlement. When representing contractors and subcontractors in construction defect disputes, we aggressively protect the rights and reputation of our clients, while also pursuing the most cost-effective way to resolve it. Our experienced attorney can also advise on how to reduce legal exposure to these types of claims and will use our knowledge on construction defect law to secure a fair resolution that will cover the full scope of losses.
The Law on Construction Defects in Florida
Under state law, before anyone files a construction defect lawsuit, the property owner must serve a Notice of Claim to the contractor, subcontractor, design professional, or supplier the owner is accusing of being responsible for the defect and offer that party an opportunity to resolve the issue. Lawyers who do not practice in construction defect law may not be aware of these requirements, or other laws that govern construction defect litigation. When working with our attorney, you can rest assured that your construction defect issue is handled properly at every stage.
What qualifies as a construction defect under Florida law?
A construction defect is any condition in a building or structure that reduces its value, functionality, or safety. Defects can be patent (obvious) or latent (hidden and discovered later). Common examples include structural issues, water intrusion, mold, foundation cracks, and poor workmanship. Florida law requires property owners to notify contractors before filing a lawsuit to give them a chance to address the issue.
How long do I have to file a construction defect claim in Florida?
Florida has a statute of limitations and a statute of repose for construction defect claims. Generally, you have four years from the date the defect is discovered or should have been discovered. However, if the defect is latent, meaning it was hidden, you may have up to 10 years from the completion of the project to file a claim. Consulting an attorney can help ensure you meet all legal deadlines.
Who can be held liable for a construction defect?
Liability for a construction defect depends on the nature of the defect and its cause. Contractors, subcontractors, architects, engineers, material suppliers, and developers can all be held responsible if their work or materials contributed to the defect. Florida law also allows claims against multiple parties if negligence or breach of contract contributed to the issue.
Call Our Construction Defect Attorney in Florida Now
If you are facing a construction defect dispute, contact our Florida construction defect attorney at BBDG Law today. We will review the facts of your case and prepare strong arguments that will give you the best chance of a favorable outcome. Call us now at (813) 221-3759 or fill out our online form to schedule a consultation and to get the legal help you need.