Category Archives: Defective Construction
Liability For Construction Defects Linked To Improper Materials
Construction defects can range from something needing a minor cosmetic fix to a major issue that renders the project unusable. There are also multiple sources of problems under Florida’s definition of a construction defect, including deficiencies related to the design specifications, construction performance, planning, and the subsurface the project is to be constructed upon…. Read More »
Proposed Law To Reduce The Time To File Florida Defective Construction Suits
Time restrictions play an important role in the practice of law, and many people are aware of how a statute of limitations works. Anyone seeking monetary damages must file a civil lawsuit before the deadline expires, and the clock starts to run the date that the plaintiff suffered personal or property loss. A statute… Read More »
Arbitration In Florida Defective Construction Disputes
Disputes are commonplace in Florida construction projects, and they can lead to significant delays and hassles when the subject matter involves defective construction. Fortunately, it is not necessary to head to court every time a disagreement develops, and most contracts will include provisions on alternative dispute resolution (ADR). Often, the parties will be required… Read More »
Common Questions About The Spearin Doctrine Under Florida Construction Law
Construction specifications are extremely complicated and may sometimes change due to worksite conditions, so they are rarely 100 percent perfect. However, the plans prepared by a design professional should at least provide sufficient, accurate detail to accomplish the intended outcome. You might be surprised at how issues can snowball, but the statistics are revealing:… Read More »
Options To Mitigate Damages In Florida Defective Construction Claims
Florida contractors invest considerable resources and effort to assess specifications and carry out essential tasks to complete a construction project, on time and on budget. Despite these best intentions, claims for construction defects under Florida law are an unfortunate reality. Errors in the design, planning, construction, and remodeling can cause personal injury accidents and… Read More »
Time Restrictions In Florida Construction Defects Claims
Time limitations apply to both criminal and civil cases in Florida, including personal injury suits, breach of contract actions, and claims for defects in construction projects. The law imposes deadlines on all types of actions and is commonly referred to as a statute of limitations, though there are other provisions as well. The point… Read More »
Three Breach Of Implied Warranty Claims Under Florida Construction Law
In its most basic sense, an implied warranty under Florida new construction law is one party’s promise to perform services according to terms or standards that may not be expressly stated in the contract. Of course, because the term means “strongly suggest,” a lot is open to interpretation on either side of an implied… Read More »
3 Florida Construction Defect Laws Contractors Need to Know
As a Florida contractor, your vast knowledge in the construction industry covers materials, labor, equipment, and many other details necessary to successfully complete the project. However, you may be somewhat lacking in the minute details contained in Florida’s construction defects statute, associated regulations, and procedural rules – and this is understandable. Given all the… Read More »
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… Read More »
How Does “Common Law Indemnification” Work in Construction Lawsuits?
Many construction contracts contain indemnification clauses. Such clauses can shift the legal responsibility for any damage arising from defective construction from one party to another, such as from a general contractor to a subcontractor. But even in the absence of such agreements, there are situations where Florida common law may provide for indemnification of… Read More »
