What are my options if I discover construction defects?

On Behalf of | Aug 29, 2022 | Construction Law |

Readers of this blog have seen posts about construction defects in the past. Indeed, in a prior post, we explained the differences between design, material, construction (workmanship) and subsurface deficiencies.

Deficiency overview

For context, Boca Raton, Florida, design deficiencies refer to defects in the designing of the building and its system designed by architects and engineers. For material deficiencies, these refer to the contractors using substandard materials, and construction or workmanship deficiencies refer to defects in construction techniques. In other words, they did not build the property up-to-code. Finally, subsurface deficiencies refer to any issues with the subsurface that affects whether the building has a stable foundation and adequate drainage. This can be a huge issue that causes the building to collapse.

Avoiding construction defects

The best way to avoid construction defects is to have professional inspections done multiple times at every stage of construction, including at least having one done before making any payments. In addition, before making the final payment, you should always have a top-to-bottom inspection, including getting a warranty, if possible.


Remember, your Boca Raton, Florida, builders and contractors are still liable for defects that are not found for years. They bear full liability for their work, which means that you can recover lost revenue and the costs of repairs. However, you must make claims in a timely manner, have evidence of the issue (professional assessments, inspectors, etc.) and document any repairs done, including receipts.


Every state has a statute of limitations that limits how long you can wait to pursue a claim against the builders and contractors. However, these usually do not kick in until the defect is discovered or should have been discovered. You may need to contact a construction attorney to figure out your legal timeline and how to prosecute your case.

Practical tips

When you draft your Boca Raton, Florida, contract, ensure there is a warranty included. If possible, also get a third-party warranty. If your contract is set up for payments at intervals, make sure you have an inspection done of the project before making a payment at each stage. In fact, federally insured construction and rehabilitation loans have this requirement built in. Additionally, remember that saving a little bit of money up front may cost you more on the back end. Working with a long-existing company with a good reputation may cost more, but it can help prevent issues later on.