What is a Defective Work Claim in a Florida Construction Lawsuit?By mlgbusinesslit, In Blog, 0 Comments
At MLG Business Litigation Group, our Florida construction litigation attorneys know that a deficiency in the design or construction of a building or structure can be incredibly dangerous, having the capacity to fail, and resulting in physical injury or damage to people or property.
Other construction defects can cause harm in the form of loss of use, diminution in value, and extra expenses while defects are corrected.
When either of these scenarios affects our Florida residents and business owners, our Florida Construction Defect Statute provides the opportunity to seek legal remedies.
Here is how.
What is Florida’s Construction Defect Statute?
A construction defect is defined by the Florida Legislature Chapter 558 as “a deficiency in, or a deficiency arising out of, the design, specifications, surveying, planning, supervision, observation of construction, or construction, repair, alteration, or remodeling of real property resulting from:
(a) Defective material, products, or components used in the construction or remodeling
(b) A violation of the applicable codes in effect at the time of construction or remodeling which gives rise to a cause of action pursuant to s. 553.84
(c) A failure of the design of real property to meet the applicable professional standards of care at the time of governmental approval; or
(d) A failure to construct or remodel real property in accordance with accepted trade standards for good and workmanlike construction at the time of construction.”
Common construction defects may include, but are not limited to:
- Failure to follow or complete plans, the scope of work, or product specifications
- Structural integrity issues, including those involving unstable foundations, concrete issues, masonry and division, and carpentry flaws
- Expansive soils
- Mechanical or electrical issues
- Water intrusion
- Balcony and deck failings
- Thermal and moisture protection
- Doors, windows, and glass faults
- Improper finishes
If you suffered direct damage or loss because of a construction defect or partnered with a construction company that improperly completed their scope of work, our construction litigation attorneys in Florida will outline the appropriate legal remedy to pursue the offending party for the proper damages.
What Legal Remedies Can I Pursue After Enduring Losses Caused by a Construction Defect in Florida?
Before the property owner can pursue a lawsuit against the offending party, they must serve the construction company or developer with a Notice of Claim — unless the owner or contractor opted out — at least 60 days before the suit will be filed.
The party named in the notice then has the opportunity to inspect the problem and must respond to the property owner with a solution within 45 days.
Those solutions may include one of the following options:
- An offer to make a financial settlement
- An offer to fix the defect at no cost to the owner, including a detailed outline of how long and what it will take to make the repairs
- A combination of a financial settlement and repairs
- A response that a financial settlement will be determined by their insurance company within 30 days after their insurer is notified of the claim
In some cases, the construction company or developer may dispute the claim, which typically requires an experienced Florida construction litigation attorney to pursue the damages inside the courtroom.
Litigation and/or any potential solutions in the form of fixing the issue or offering a financial settlement should be discussed with legal counsel before signing an agreement to ensure all details are outlined in the resolution. We can help.
Contact MLG Business Litigation Group in Florida for a Free Case Assessment Today
At MLG Business Litigation Group, our Florida construction attorneys will outline your case to ensure no detail is left to chance while pursuing real-time legal solutions to pursue the best outcome for your specific needs.