Construction Defects and Construction Law

Construction defects occur when there is a deficiency in the design or construction of a building, the materials used in constructing the building, and/or preparing the construction site. These deficiencies not only decrease property value but also prevent the building from performing to its expected standard. Construction defect disputes result from a wide range of deficiencies in the construction process and involve many key liability issues, including:

Defective plans and designs
Product and material failures and defects
Defects in manufactured building components
Water leaks
Defective roofing, flashing and window installation
Industry Standard violations
Loss of use damages
Negligent site supervision and investigation
Compromised structural integrity

Inspections that failed to detect structural or other damage
Warranty claims
Mechanical defects
Electrical defects
Physical damage
Fraud and Misrepresentation
Contractor Licensing
Restitution for payments to unlicensed contractors or subcontractors

In Florida, construction defect claims are governed by detailed statutes (Fla. Stat. § 558 et seq.), which include hard and fast deadlines which must be met before a suit for damages may be brought. Parties sometimes seek to opt-out of the statutory requirements, by including a specific disclaimer in the contracting documents.

Prosecuting and defending construction defect cases requires a highly skilled attorney well-versed in the areas of construction law. CLF works with owners, builders, developers, contractors, subcontractors, manufacturers, condominium associations, and architects and is ready to help its clients navigate this very special area of the law.

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