Construction Defect Disputes
If you have suffered damages during the course of your Commercial or Residential Construction Project, the attorneys at the Carr Law Firm, P.A. would be honored to advise you of your potential claims and the full extent of your damages you are entitled to.
The attorneys at the Carr Law Firm, P.A. litigate Construction Defects which are governed by Florida Statutes. Florida Statutes 558.02 defines a construction defect 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 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.
Construction Defects may arise during the design or construction phase of a project and are either patent or latent defects. A Patent Defect is a defect which is readily observable and a Latent Defect is a defect which is not observable by ordinary senses. An example of a Patent Defect is missing stairway handrails. The litigation may become complicated if the defects should have been discovered during the inspection phase. An example of a Latent Defect is if the stucco was improperly applied or if soils were not properly compacted.
If you are in the midst of a construction project and are not sure of the type of construction defect your project has suffered from, call the attorneys at the Carr Law Firm, P.A. because Construction Defect claims are time sensitive. Defects may cause other wear and tear problems which will have to be evaluated. The causes of construction defects and the types of defects are often aggressively contested during litigation. The attorneys at the Carr Law Firm, P.A. have extensive experience and knowledge as to litigating the various causes of construction defects, including the failure to comply with Florida’s Building Code or the failure to construct or remodel real property in accordance with accepted trade standards for good and workmanlike construction. Construction professionals must abide by varying standards of care so you need counsel who is knowledgeable as to those specific standards of care. Defects may also arise during the design phase and may result from the professional’s failure to produce complete and accurate construction documents or from the contractor or sub-contractor’s failure to adequately interpret the construction design documents.