4 Construction Defects That Derail Florida Contractors
Whether your project is big or small, residential or commercial, or for a person or entity, there is a good chance that you will face allegations of a construction defect at some point. For Florida contractors, customer concerns and complaints are just a part of doing business. Still, while there are many construction defect claims that are warranted, many others are motivated by money. Your customer brings up issues like water damage, structural problems, or other suspicious assertions with a goal to gain easy settlement.
Fortunately, Florida laws protect contractors from construction defects claims by imposing certain statutory duties upon complaining property owners. The process makes it less likely that you will face subjective, arbitrary allegations about flaws, but it is still necessary to consult with a Florida defective construction claim lawyer about your circumstances. You may also benefit from reviewing the four types of deficiencies you might hear from customers.
- Design Deficiencies: Architects, engineers, and other related professionals may make critical errors when designing the structure and developing plans, such as by not complying with building codes. This means that all other construction contractors and subcontractors who follow the plans are contributing to a project that was flawed from the start.
- Material Defects: Any construction project is built using supplies and materials provided by manufacturers, but these products could be substandard or otherwise flawed upon delivery to the site. Defective materials can affect the end product and be a source of future structural issues, even when properly handled and installed by contractors.
- Subsurface Deficiencies: Property owners are less likely to allege construction defects stemming from the subsurface, but they do exist. Examples include claims that:
- The soil consistency will not support a structure;
- The surface is contaminated or suffers from subsidence issues;
- The ground is not level, potentially resulting in flooding, landslides, and other issues; and.
- The subsurface features insufficient drainage.
- Deficient Workmanship: One of the most common sources of construction defect claims center on allegations that the work of the contractor and employees were flawed. When a customer lacks proof of a design flaw, material defect, or issues with the subsurface, workmanship defects might be the fallback position.
How to Handle Construction Defect Claims: In most cases, your first strategy will be to appease the customer. If these efforts fail, keep in mind the legal requirements of Florida statute on notice and opportunity to repair. Before filing a lawsuit based upon construction defects, a property owner must provide the contractor with a Notice of Claim and allow time to resolve it.
Talk to a Palm Beach County, FL Construction Defects Claims Attorney Right Away
If a property owner is raising complaints about construction defects, time is of the essence to discuss your situation with an experienced construction lawyer. Our Florida defective construction lawyers at Linkhorst & Hockin, P.A. are prepared to assist contractors with the legal side of things, whether you are attempting to cure, responding to a notice, or otherwise defending your company interests. For more information, please contact our offices to schedule a consultation.
Resource:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0500-0599/0558/Sections/0558.004.html
