In Florida when construction companies and property owners think about construction defects, they will automatically consider the most common examples. That includes the use of defective materials, poor craftsmanship, water damage, problems with the foundation and mold.
However, another aspect of construction defects can occur if the construction company and its contractors do not adhere to the state building codes. When the codes are violated and there is a civil action because of it, the property owner and the construction company must be aware of how the law addresses these circumstances.
Building permits and adherence to state codes is key
A material violation must be corrected within a reasonable time-frame after it has been discovered. There will be fines when this is not done. When there is a construction defect because of a failure to adhere to the applicable building codes and people are injured because of it, a statutory civil action is possible.
Building permits and inspections are vital with these cases. If the permits were legally obtained, those in authority to enforce state building codes approve of them and no one was injured because of a violation, then the law is not applicable.
If the construction company or the building owner was aware or should have been aware that the material violation was in place, then the law will be applicable. The critical aspect of such a claim will be if someone has suffered physical harm or there is significant damage to the building, its performance and its systems.
Construction defects must be addressed to avoid long-term problems
A significant part of a construction project whether it is building, repairing, refurbishing or maintaining the property is understanding what constitutes a construction defect under state construction law. If the issue was related to the failure to follow the building codes, this could be a fundamental part of a legal filing and be costly in myriad ways. For these or any other issues related to construction defects, it is imperative to understand how to be protected.
