A construction project is a significant investment. Thus, when a new home, condo or building has serious problems, owners often wonder if those issues count as legal “defects.” In Florida, the law protects people from unsafe or poorly built structures. However, not every mistake reaches the level of a construction defect.
What a Construction Defect Means
Chapter 558 Florida Statutes Section 558.002(5) defines a construction defect as a serious problem in how someone built, designed or supplied a structure. The defect must come from one of these four causes:
- Someone used defective materials
- A contractor or builder violated building codes
- A design failed to meet professional standards
- Work was unable to meet accepted trade standards for good and skillful construction
Minor cosmetic issues, such as minor paint flaws, do not count unless they lead to bigger problems.
Who Is Responsible for the Defect?
Many different people can cause a defect. For example, a builder or contractor may perform poor-quality work. It could also be an engineer or an architect who made a design error. It could also be a supplier who may have sold faulty materials.
Whoever may be at fault, Florida law lets owners bring claims against the party that created the issue.
Before Filing a Lawsuit
Florida law requires owners to start with a pre-suit notice under Chapter 558. The owner must give the contractor a written notice of the defect at least 60 days before taking legal action. This notice gives the contractor a chance to check the issue and provide a repair plan.
Why Speaking Up Matters
Construction problems rarely fix themselves. When owners raise concerns early, they protect their home or building from worsening damage. It is also a good idea to consult a construction lawyer. An attorney may help them understand their options and the best next steps to take.