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Category Archives: Defective Construction

ConstructionLaw3

Three Breach Of Implied Warranty Claims Under Florida Construction Law

By Linkhorst & Hockin, P.A. |

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 »

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ConstructionTable

3 Florida Construction Defect Laws Contractors Need to Know

By Linkhorst & Hockin, P.A. |

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 »

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ConstProject

4 Construction Defects That Derail Florida Contractors

By Linkhorst & Hockin, P.A. |

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 »

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ConstProject

How Does “Common Law Indemnification” Work in Construction Lawsuits?

By Linkhorst & Hockin, P.A. |

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 »

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Legal4

Louisiana Court Continues to Resolve Claims from Defective Chinese Drywall Litigation

By Linkhorst & Hockin, P.A. |

Florida residents are no strangers to major hurricane activity. Unfortunately, the destruction of a major storm often requires the rebuilding of thousands of homes. While this short-term housing boom is great for contractors, it can also place enormous strain on the supply chain. Between 2004 and 2006, the devastation of Hurricane Rita and Hurricane… Read More »

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Legal16

How Abandoning a Construction Project Can Affect Your Coverage Under a CGL Policy

By Linkhorst & Hockin, P.A. |

Defective construction claims can prove costly for a Florida contractor. To help guard against such claims, contractors take out commercial general liability (CGL) insurance policies. But having a policy is no guarantee that the insurer will defend against a defective construction claim. Consider a federal appeals court decision from earlier this year, Southern-Owners Insurance… Read More »

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ConstLawyer

How Florida’s New “Right of Contribution” Will Affect Defective Construction Lawsuits

By Linkhorst & Hockin, P.A. |

Defective construction lawsuits often lead to a mad scramble among the insurance companies covering the underlying project. It is often the case that two or more insurers have a legal duty to defend against the same lawsuit. But these duties typically exist independently of one another. In other words, say a given construction project… Read More »

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ConstructLitig

Issues Prevalent in Prefabricated Houses

By Linkhorst & Hockin, P.A. |

Many homeowners, including regular readers of this blog, know that newly constructed houses can nevertheless contain defects. However, even a new trend of homebuilding – prefabricated houses – which claims to be a more efficient means to construct a house, can still contain defects. When construction defects are detected, retaining the services of an… Read More »

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DefConstr

Even a Prior Settlement May Not Prevent a Construction Defect Lawsuit

By Linkhorst & Hockin, P.A. |

Nobody starts a major construction project assuming there will be defects in the work. And even when a defective construction claim arises, it is often in the best interests of all parties to settle the matter outside of court. But what happens when a settlement is later challenged by a party who alleges there… Read More »

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LeakyRoof

How Long Can You Wait Before Suing a Contractor Over a Leaky Roof in Florida?

By Linkhorst & Hockin, P.A. |

One of the most common construction defects is a leaky roof. In severe cases, a leak might be an indication the entire roof has failed and needs to be replaced. When this happens, the property owner may seek to hold the original roofing contractor or sub-contractor liable for damages. Four-Year Clock Starts to Run… Read More »

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