What is the Florida legal definition for construction defects?

On Behalf of | Jan 14, 2022 | Construction Law |

In Florida, people are increasingly concerned about the safety of their home and if construction issues will come to the forefront in an unexpected and dangerous way. This may stem from recent events such as the terrible building collapse in June 2021. It could also emanate from people who are unsure if their contractor was using the proper materials to complete the project while ensuring its structural integrity. In some instances, construction defects are an honest mistake that can be rectified. In others, it is done to try and maximize profit without adhering to the law. It is imperative to understand the legal basics before acting.

What is a construction defect?

If there is a deficiency in any aspect of the construction, then it can be categorized as a construction defect. This includes failure to adhere to specifications, design problems, lack of planning, failure to survey, absence of supervision, and lack of adequate observation when building, repairing, altering or remodeling a property. Contractors must use proper materials when doing the work. If they fail to do so, that can be construed as a construction defect and warrant action from the customer. An example is if materials were used that result in a wall collapsing.

The state has certain building codes that must be followed. These sometimes change and it is important to be up to date on the requirements. This is true for the contractor and the customer. The design is also fundamental to legal construction, repair and remodeling. If the design does not adhere to the current standards, this can be classified as a defect. Finally, contractors have trade standards they must meet. Some might try to flout these standards and cut corners, selling the idea to the customer as a means of saving time and money. Any of these issues could lead to problems with the property including water damage, mold or the possibility of the integrity being flawed and placing occupants in danger.

Addressing construction defects with professional assistance

Construction law might not be foremost in a person’s mind when they are having work done on their property. As recent events have shown, failure to ensure a building is adequately maintained, its construction is sound and repairs are done properly can cause challenges and place people’s health and well-being in jeopardy. Even in cases where there is limited danger but people have paid their money for a project to be done in a certain way and the work was found wanting, it is vital to understand the law. To ensure contractors are held accountable, having legal advice is key.