Construction Defect Claims

Posted on: November 20, 2013

Construction is taking place all over South Florida. Looking around Brickell, Downtown Miami, and Fort Lauderdale you will undoubtedly spot cranes working on various projects. With all of the construction, there are likely to be instances of construction related litigation. One particular area of construction litigation is construction defects. Our experienced Fort Lauderdale law firm can assist in these cases.

Construction defects include problems with electrical, plumbing, roofing, or foundation. The cause of the defect may be a design error, defective materials, or improper installation. These defects reduce the value of the property. Additional factors in determining a construction defect include a builder’s compliance with building codes, whether construction was performed in a workmanlike manner, whether materials were suitable for their intended purpose, or whether the plans were followed.

Filing an action alleging a construction defect has many requirements under Florida Statutes Chapter 558. A property owner must serve a written notice of the defect on the responsible party at least 60 days before a lawsuit can be filed. After receiving notice, the party has 30 days to inspect the site to assess the defects alleged. No later than 45 days after having been served with the notice of claim, the party must serve a written response. The party has five options: (1) fix the defects at its own cost; (2) pay a sum of money in full settlement of the claim; (3) offer a mix of repairs and money; (4) turn the claims over to its insurance carrier for payment; or (5) deny liability and do nothing.

The Ft. Lauderdale construction attorneys at Schecter Law have experience in construction defect litigation. Contacting an attorney may be a useful step in protecting your rights. Whether your property has lost value or has become unusable due to construction defects, you will want to explore the remedies available under Florida law.