Members of condominium boards in Florida have important legal responsibilities.
Among other obligations, boards must make that they keep condominium residents and visitors safe. They must also make sure the property for which they are responsible is structurally sound and well-maintained.
This means that board members serving condominiums in Palm Beach County should worry about construction defects.
Whether a board is developing new real estate, expanding, or remodeling existing structures, significant construction defects connected to the project can seriously and even tragically impact residents’ safety. They can also cause major property and financial losses.
Construction defects can rear their ugly heads years after the end of a project.
Prevention can go a long way when it comes to minimizing the impact of construction defects.
For any construction project, board members should carefully research and select the most qualified professionals for the job.
That said, they also need to make sure they have the right contracts and other protective legal mechanisms in place in case something goes wrong.
After a construction defect, a board may consider litigation
Different professionals can be responsible for a construction defect at a condominium development:
- Architects, engineers and other involved in the design of a project may be accountable for flaws in their plans.
- Contractors and subcontractors can be held responsible in several ways. For example, they may use unspecified material or other products which just are not suitable for the task at hand.
- They may also be responsible for incomplete or improper work.
Although not all problems with a building are the responsibility of another person, many are.
Whenever a board is facing structural or mechanical problems with a building, is dealing with mold or water, or is having to work through an expensive electrical issue, they should consider whether their problem is related to a construction defect.
Likewise, if someone does unfortunately get hurt while on the condominium’s property, the board should always ask whether defective construction might have played a role.
In many cases, it is in a board’s best interest to pursue a legal claim against responsible parties to recoup their losses from a construction defect.