Nowadays construction defects are a subject that you must be well informed about, because it’s a situation that can happen to you whether you’re the property owner or the purchaser. It would not matter if you own an apartment, condominium, house, etc. they all share the same issue matter. We can define construction defect as to the failure or deficiency when constructing the property (i.e., houses, building, hotels, condominiums, etc.) whether is on designing, planning, supervision or inspection.
You must know that in the State of Florida if you are the purchaser of a newly built home, you have a right against the builder. Saying this, the law gives you a number of times to deal with any defects you find that were caused by the builder. When you purchase the property straight from a contractor, you have the right to expect that your new home is fit to live in, everything works the way it supposed to work, without your having signed a contract.
Some of the most common construction defects involves: doors, windows and glass, mechanical issues, electrical, water instruction, finishes, among others. In general matter, the courts divide this issues in four big categories:
- 1. Design Deficiencies, which can be characterized by the architect failure or perhaps the engineer. Typically, deficiencies are roofs problems, drainage, or incompetent structural support.
- 2. Material Deficiencies, this refers to window frames, window leaks, improper applied windows, building paper, asphalt roofing, drywall that can damp areas, among others.
- 3. Construction Deficiencies, it refers to poor quality of work, a typically defect is when it comes to water infiltration which can create molds. Other problems that you can find may involve foundations, rotting woods, mechanical or electrical problems, plumbing leaks or cracks on the wall.
- 4. Subsurface Deficiencies, this issue affects more to the houses on hills or other places where is difficult to provide a steady foundation. A lack or deficiency of any of this can be the result of damage foundation, floor slabs and other damage to the property.
What can you do if you present any of these construction defects?
Construction defect litigation is complex. The main goal is to avoid going to court but if it doesn’t happen it will be required that the responsible party can remedy the situation. Usually the complains in this type of situation involves negligence, breach of contract, breach of warranty, liability claims, and sometimes fraud misrepresentation.
How can I respond to complaints?
Our lawyers can help you if you present any of these defects in your property, again, our lawyer's goal is to require the responsible party for the defect to repair the situation. In some cases, this defect can involve insurance companies. If you feel that your house presents any defect, please talk to an attorney with experience in this area.