Construction Defect Claims

In Florida, there are special laws dealing with construction defects under Florida Statute § 558 and other statutes. The law firm of Warner, Sechrest & Butts, P.A. is well-versed in all aspects of construction defect laws, including those specific to condominiums and homeowners associations.

Many complexities must be analyzed in a construction defect case.

  • Is the owner a corporation or condo association or HOA? If so, special voting may be required to bring a claim.
  • Does the owner have obligations to provide notice and opportunity to cure or remedy the defect?
  • Who are the proper parties to the claim?
  • Is it an engineering or architectural "design" defect or a construction defect?
  • Are there warranties in effect or does the owner need to prove fault?

These issues must be addressed by a competent construction attorney. Our lawyers are board-certified construction law experts who know how to analyze these issues and other important considerations. We are able to determine what investigation is best suited for the situation.

Different claims require varying protocol. Warner, Sechrest & Butts, P.A. have handled all types of defect claims, including:

  • Moisture intrusion and mold cases;
  • Structural defects;
  • Subsurface and soil issues;
  • Slab and foundation defects;
  • Roofing defects;
  • Window and door defects;
  • Plumbing defects; and
  • Electrical defects and mechanical defects.

Our construction law team has both pursued and defended claims involving recovering damages for costs to correct, lost profits, lost rents, loss of use, and performance bond claims arising out of defects. We can analyze the potential insurance coverage issues involved when a defect claim arises.

Common Types Of Construction Defect Claims

A construction law firm such as Warner, Sechrest & Butts, P.A. understands the impact a construction defect claim can have on a project. Our attorneys work quickly and diligently to find a suitable resolution for every construction dispute so the project can be completed. Construction defects can occur during any stage of a construction project. The defects generally fall in one of four categories — construction, design, material, and subsurface. If your project has been impacted by any type of construction defect claim, contact Warner, Sechrest & Butts, P.A. today.

Construction Deficiencies

Frequent examples of construction deficiencies include building code violations, unapproved changes to the project plans, and other actions that result in poor quality workmanship. A construction deficiency may encompass more than one of the other common construction defect claims.

Design Deficiencies

Design deficiencies result when an inherent error or flaw in the project’s design leaves it dangerous to occupants. Generally, the design professional, such as an architect or engineer, is liable for the defects. Roofs are a common example of a design defect when it provides inadequate structural support to the rest of the building or leaks and allows water penetration.

Material Deficiencies

Material defects include a range of materials and products used during the construction phase, such as building paper, drywall, particle board, and roofing shingles. The materials may be defective when used — a manufacturer defect — or improperly installed during construction.

Subsurface Deficiencies

Subsurface defects are usually linked to soil conditions underneath the construction site. Unless potential issues are addressed during construction, drainage problems and soil compaction are examples of subsurface defects that can develop. From there, a long list of problems may occur, including cracks in the foundation and other building damage.  

Statute Of Limitations For Construction Claims

Under Florida Statute § 95, there is a four-year limitation to file for a suspected construction defect. This differs from the statute of repose, which is 10 years from the date of possession. If the claim revolves around a latent defect, then the statute of limitations starts on the date the defect was found or should have been found if due diligence had been performed.

If a property owner is going to file a claim against a contractor, design professional, subcontractor, or supplier, the property owner must give 60 days of notice before filing the claim. The right to cure allows the contractor, design professional, subcontractor, or supplier 60 days to correct the defect, offer a settlement, or both to avoid litigation.

Defend Against Construction Defect Claims

When a claim is brought, it’s important to work with a construction attorney experienced in all areas of construction law. Warner, Sechrest & Butts, P.A. has represented architects, contractors, engineers, and subcontractors against defect claims in state and federal courts. Our board-certified construction law attorneys delve into applicable statutes and laws to build the strongest defense for our clients.

Construction Defect Claim Litigation In Gainesville, FL

Warner, Sechrest & Butts, P.A. can analyze the legal issues involved and provide prompt and precise legal advice. If you believe you have a legal issue stemming from a construction defect, contact our office immediately. Even if you cannot afford large legal bills, we can discuss bringing a defect case on a contingency basis under certain circumstances.