In the Sunshine State, construction defect lawsuits are a significant concern for homeowners, developers, and contractors alike. Florida law provides specific remedies for construction defects, which can range from structural issues to code violations. Some of the more common construction defect claims arise from:
- Issues with structural integrity
- Water intrusion leading to mold or damage
- Electrical and mechanical issues
- Poor workmanship
- Materials that are substandard or improperly used
There are set timelines on when homeowners can file a claim after they discover the defect — and these laws are constantly evolving. Florida Governor Ron DeSantis recently signed a law into place that changes the time period homeowners have to file a construction defect lawsuit. In the past, property owners generally had ten years to move forward with this type of legal action. The new law reduces this time period to seven years.
What Legal Remedies Are Available for Construction Defects?
For those who discover the defect and move forward within the limited time noted above, legal remedies can include the cost to repair the defect as well as financial compensation for the defect’s impact on property value. Reimbursement for consequential damages, such as personal property loss, may also be available.
It is important to note that Florida Statutes generally require that before litigation, the claimant must serve a written notice of claim to the responsible parties, providing them an opportunity to inspect the issue and offer a settlement. This means that you must generally give the party who is responsible for the defect an opportunity to remedy the situation before moving forward with legal action.
How Do I Move Forward With a Claim?
Awareness of the types of construction defects and the legal remedies is essential for anyone involved in the construction process in Florida. Recognize the signs of potential issues and understand the legal steps to address them.
Florida’s legal process for construction defect claims encourages resolution before litigation. Hence the opportunity for the responsible party to remedy the situation, as noted above. Legal remedies are available if the responsible party does not properly resolve the issue.
Construction defect lawsuits in Florida involve complex legal procedures and strict timelines. If you encounter a construction defect, take immediate action to protect your rights and property. Remember, an experienced construction law attorney can guide you through the legal maze and help you secure the remedy you deserve.
