For construction companies and property owners in Florida, construction defects are the bane of their existence. Not only does it result in the possibility of extra cost to repair, but it can also lead to a negative perception of the contractor and fears on the part of the owner that they cannot live in the property as is.
The state has rules in place to address construction defects and some might be somewhat confusing. For example, when the term “destructive testing” is mentioned, they might be under the immediate impression that there will be severe damage to the property.
From the contractor’s perspective, there are certain requirements to follow to do this type of testing. Understanding the details about it is key to reaching an acceptable result.
Fundamental points about destructive testing
According to the law for construction defects, destructive testing, it can be done as part of the contractor’s inspection of the property to assess the complaint. The sides must mutually agree that this will be done and there are terms and conditions that must be adhered to.
It must be necessary to determine what caused the defects and their extent. There must be a detailed description of what type of destructive testing will be done, who will do it, how much damage will come about from it, what the repairs or reconstruction will entail, how long it will take, and who is financially responsible for it.
The person complaining about construction defects could object to the person who is tabbed to do the destructive testing. There must then be three qualified persons that the claimant can choose from. The claimant can be present and watch as the testing is done. It cannot be so severe that it will render the property uninhabitable.
Claimants might refuse to allow destructive testing. They must understand that if they do this, they will not have claims for damages that could have been addressed or outright prevented by the testing.
Construction defect disputes can be complex and professional assistance is essential
People who are already unhappy with finding construction defects on their property might not want to hear the term “destructive” when strategies to assess and repair it are discussed. However, this is part of the process to find out the scope of the defect and forge solutions to fix it.
For contractors, it is also vital to know the rules regarding construction defects, destructive testing and other aspects that can help to try and reach a reasonable resolution whether it is through litigation or negotiation. All involved should know the value of professional representation to try and solve their issues effectively.