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Florida construction litigation: Building defects

Buying or building a home, for many Florida residents, is considered a big accomplishment. It is not something that everyone can afford. As it is such a large investment, if any problems are found it is understandable that one may have questions about how to handle the issue. For example, construction defects are often found in new and old homes. When they are, who is responsible and is construction litigation the only way to resolve the matter?

Before really getting into it, it is important to start with the basics. What counts as a construction defect? It is any condition that lowers the value of the property.

What are some things that cause construction defects, and what are the most commonly seen defects? There are a number of factors that can affect the integrity of a home. These include negligent construction, use of defective materials, improper soil preparation and poor site planning — among several others. Commonly seen defects include:

  • Mold
  • Foundation cracks
  • Faulty electrical and heating systems
  • Water issues
  • Structural failure
  • Poor drainage

Proving that a problem in one’s home is the result of a construction defect is not always a simple task. Latent defects, or those that occur years after a home was built, are likely to be questioned. Other defects, however, can be pretty obvious.

When a construction defect is first noticed, contacting the builder is usually the first optionĀ in getting the problem resolved. If that fails to produce any desirable results, one may turn to legal counsel for assistance. Sometimes a letter from an attorney is all that is needed to push a builder to fix the problem. In some cases, things may have to go a little further and construction litigation is necessary. Regardless, Florida homeowners can take steps to seek relief for any losses sustained as a result of building defects.

Source: FindLaw, “Construction Defect FAQs“, Ac cessed on Aug. 31, 2017

Tue Aug 28, 8:49pm

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