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Construction Defect Claims

 

HOW CAN AN ATTORNEY HELP WITH A CONSTRUCTION DEFECT CLAIM?

At Murray Law Group, our team of insurance claim attorneys can help you find the most effective solutions to insurance coverage disputes over flood and water damage insurance claims. Our insurance claim attorneys possess the knowledge and skills needed to investigate and overcome an insurer's reluctance to settle flood claims.

Most policyholders are unaware that flooding is not usually covered in their standard insurance policies. Flood coverage can be purchased through the National Flood Insurance Program, which is administered by the federal government and operated by private insurance companies. The best way to check your coverage is to review your current policy, and if unclear, consult the flood damage claim attorneys at Murray Law Group. Our attorneys are skilled in deconstructing complicated insurance policy language to help homeowners understand their actual coverage.

WHAT CONSTITUTES A CONSTRUCTION DEFECT?

Florida law provides a definition for “construction defect.” According to Florida Statutes §558.002, a construction defect is defined as:

“[A] deficiency in, or a deficiency arising out of, the design, specifications, surveying, planning, supervision, observation of construction, or construction, repair, alteration, or remodeling of real property.”

“Real property” refers to land and any improvements made upon it. This may include homes, commercial structures, permanent fixtures, and more.

Common examples of construction defects include:

  • Water intrusion
  • Cracks in the foundation
  • Improperly installed and unsealed roofs
  • Defects in the building’s exterior, including walls and siding
  • Leaky windows and sliding glass doors
  • Poorly constructed balconies and decks
  • Sinkholes, buckled driveways, and other infrastructure failures
  • Mold and mildew growth
  • Electrical defects, including faulty wiring, improper connections, etc.

Any damage to personal or commercial property stemming from issues of negligent construction and defective materials could be grounds for a construction defect claim. It is in your interest to speak to a construction defects attorney at Murray Law Group as soon as possible if you believe errors on the part of a contractor or other party damaged your property. The attorneys at Murray Law Group will review your claim and advise you if you have a variable Construction Defect against others.

WHAT ARE THE CAUSES OF CONSTRUCTION DEFECTS?

Common causes of construction defects can boil down to a multitude of issues from the design phase to the actual construction phase. These may include use of deficient or subpar building materials, design or building mistakes, inferior workmanship, violations of the Florida Building Code, disregard of accepted standards in the construction trade, or errors in property surveying. At Murray Law Group, we fully investigate to determine what caused the construction defect and who is responsible. Our team will come to your property and examine any defect, review all contracts with a fine-tooth comb, and consult experts to obtain testimony supporting your claim.

WHO COULD BE LIABLE FOR A CONSTRUCTION DEFECT?

Construction projects usually involve several parties, so before filing a construction defect claim, we establish the parties responsible for the damage to your property. Potential defendants may include general contractors, subcontractors, materials suppliers, developers, or design professionals like architects and engineers.

In Florida, you have a limited time to file lawsuits for construction defects. Hence, it is essential for you to consult an attorney from Murray Law Group at your earliest convenience to ensure that your legal entitlement to action is preserved. Property owners and associations have a limited time to file lawsuits for construction defects.

In Florida, the statute of limitations for construction defect claims is generally 4 years from whichever of the following dates is the latest:

  • The date the owner takes possession of the property
  • The date a certificate of occupancy is issued
  • The date construction on the property is abandoned
  • The date of completion or termination of a contract between a contractor or design professional and his or her employer

However, the statute of limitations is tolled up to 7 years if the damage to real property is caused by a latent defect. Latent defects are issues that are not obvious or readily visible. As such, Florida law allows property owners additional time to bring legal actions if a defect was not “discovered or should have been discovered with the exercise of due diligence” within 7 years (see Florida Statutes § 95.11).

GUIDANCE FOR FILING A CONSTRUCTION DEFECT CLAIM

Florida's Chapter 558 governs construction defect litigation. The procedure for submitting a construction defect claim in Florida is complex, which is why it would be beneficial to hire a qualified attorney. At Murray Law Group, we represent individuals and associations in disputes with builders and developers.

The notice of claim must describe each of the construction defects, the location thereof, and any loss or damage incurred as a result of the defect. After receiving the notice of claim, the respondent a certain number of days to inspect the property.

Respondents then have 45 days (or 75 days for larger associations) to provide a response. The response must include one of the following:

  • An offer to remedy the defect(s) at no cost, with a description of the repairs involved
  • A settlement offer, including a timetable for when payment will be made
  • An offer consisting of a monetary settlement and repairs to the property
  • A statement that the respondent’s insurer will make a determination on the matter
  • OR
  • A dispute of the owner’s or association’s claims

Creating Positive Outcomes

CONTACT MURRAY LAW GROUP TODAY FOR A FREE CONSULTATION

With your property being one of the most significant assets you can make, you are entitled to a return on this investment. If an error leads to a construction defect, Murray Law Group can assist you in recovering your losses.
Whether you are an individual owner or part of an association, we have the experience and resources to handle a variety of construction defect claims. It is our priority to ensure adequate compensation for your damages and to guarantee your property is repaired correctly to avoid similar situations in the future.
Contact Murray Law Group at (813) 567-5600 today for a free and confidential case evaluation.

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Murray Law Group’s Florida insurance attorneys have recovered hundreds of millions for thousands of clients in Florida. Our award-winning team has the expertise and in-depth knowledge to build strong cases for victims of bad faith insurance claims.

When you book a consultation with Murray Law Group, you’ll speak with a real attorney about your case not a case manager or assistant.

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