Understanding construction law and alleged construction defects

| Oct 1, 2020 | Construction Law |

In Boca Raton and throughout Florida, construction can be an arduous process with the contractors doing the work and the property owner having certain expectations as to how it will be completed. If there are allegations of construction defects, it could be resolved simply by explaining to the contractor what is wrong and it being fixed. However, most cases are not so easy and it evolves into an extended dispute. Understanding construction law and the requirements for allowing a chance to repair the defect is an essential consideration. As with any legal concern, professional advice can be helpful.

Actions regarding construction defects and the time requirements

When there is an assertion that a project has construction defects, the complaining party must inform the individual who is deemed responsible for the defect. That can be the construction company, the contractor, the subcontractor, the supplier or a designer. This must be done a minimum of 60 days before filing a legal claim is filed. If it is an association and has more than 20 parcels, there will be 120 days. The notice must be in writing. When the defect stems from contractually listed work, the individual who agreed to the contract must be served.

There must be specific detail as to the defects in question if they are known and the damage and loss that resulted from it. The location must be provided so the respondent can find it without placing too great a burden on them. The complaining party is not required to do anything beyond this. Once the defect has been found, the complaining party must try to serve the notice within 15 days of its discovery. Even if that is not adhered to, there can still be a complaint under the law.

When construction defects are an issue, legal help can be critical

Construction defects can cause myriad problems for a property owner whether it is a residential property or a commercial one. Structural damage, issues with foundation, water damage, the failure to use the proper materials, bad craftsmanship, shoddy work and mold are just some of the challenges that can arise. Safety and health can be compromised by poor construction work. It can also lead to financial hardship. When dealing with any issue related to construction law – especially construction defects – having legal assistance is a must. Calling for advice and help is a smart decision to be fully protected and to have the defects repaired or to receive financial compensation.