Any commercial or residential construction project in Florida carries the risk of construction defects. These can cause problems for both construction companies and property owners and if not addressed properly, result in legal action.
Some construction defects are immediately obvious, such as heat that does not work or a crack in a wall. Others might not be readily apparent, and you may not even learn about them until months or years after the construction project is completed.
What is a construction defect?
Florida law has a detailed definition for what constitutes a construction defect. A defect can occur in any part of the construction process, such as design, planning, repair or the construction itself.
The legal definition of a construction defect may appear complex, but a construction defect is essentially any condition in your home that reduces the home’s value.
There are many things that can cause construction defects, including the use of low-quality materials and negligent construction. Lack of preparation or improper planning can also result in construction defects.
Common types of construction defects include issues with:
Cracks in the foundation of the home itself, such as the floors, walls or roof are also common types of construction defects. Additionally, problems with the landscaping or soil are often seen in construction defect litigation.
What to do if you discover a construction defect
It is important that you act quickly when you discover a construction defect, since, by law, you must alert the construction company within a certain deadline or lose your right to bring a defect claim.
Once you notify the construction company of the defect, they will have an opportunity to correct the defect. However, if they refuse to repair the defect and you cannot resolve the issue among yourselves, you may bring a construction defect claim in court.
There are many steps involved in the construction defect litigation process, and the deadlines and requirements can seem overwhelming. It is best to have professional guidance through the process.