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What Is Construction Negligence?

When you engage a contractor or purchase a property, you expect the construction to meet high standards. If any damage occurs due to inadequate care or skill during the construction process, it may be time to consider filing a construction negligence claim. It's regrettable when builders and contractors disregard building codes and established standards while working on construction projects. As a property owner, you trust the professionals to adhere to specific protocols and deliver lasting results.

Understanding the three primary types of construction defects is essential in construction negligence cases:

Design Defects

A design defect results from a professional's failure to develop a well-organized, error-free construction plan.

Material Defects

Occur when builders or general contractors use inadequate or damaged building materials.

Workmanship Defects

Arise when a contractor does not adhere to specific standards or building codes during construction.

Construction defects are classified as either latent or patent. Patent defects are visible and easily identified during inspections, while latent defects are more difficult to detect and often lead to more severe problems.

Construction negligence can impact condominium associations, commercial property owners, and homeowners associations. If you engaged a professional for a construction task, and their lack of reasonable care led to an accident, you might be entitled to recover damages.


Construction negligence cases can be highly complex, involving countless disputes and regulations that complicate your pursuit of legal action. A knowledgeable and experienced Construction Negligence Attorney will assist you with:

  • Assessing damages
  • Engaging qualified professionals to evaluate the structure
  • Navigating local and state laws
  • Identifying expert witnesses for your case

A skilled attorney can help you successfully navigate your construction negligence case, ensuring that you have the appropriate support and resources to achieve a favorable result.

Creating Positive Outcomes


Insurance companies may deny coverage for construction negligence damage for several reasons.  Insurance Companies engage in bad faith insurance practices by underpaying or denying valid claims, hoping to increase their profits at the expense of their policyholders. Common reasons for denying a water and mold damage claim include:

  • The property is underinsured
  • Insufficient evidence to support payments
  • Lack of documentation provided
  • Sources of water damage not covered (e.g., sewage backups, flooding)
  • Illegal activity or fraud
  • Unpermitted work on the property
  • Pre-existing damage or wear and tear
  • Policy exclusions limiting coverage
  • Unpaid policy premiums

Construction negligence claims are often undervalued by the insurance company. Insurance companies and adjusters are not interested in paying out settlements timely and properly.  The insurance company wants to keep payouts low and premiums high to improve their profit margin. 

Signs your claim may have been underpaid:

  1. Insurance Company’s Estimate Seems Too Low
    If you feel that the estimate is too low, trust your gut and intuition. More often than not, if you suspect the estimate is too low, then it probably is.
  2. Adjuster Rushed the Property Inspection
    By law, the adjuster must inspect your damaged property and issue a damage estimate within 60 days of the loss. Many adjusters rush through the inspection and do not do a thorough investigation, thereby creating an estimate of repairs cost that is artificially low. This is called a low-ball estimate. Whether the adjuster is careless or has bad faith intentions, it can leave you with a lower settlement offer than you need.
  3. Damage Was Overlooked or Not Accounted For
    Review the insurance estimate and the adjuster documents carefully to ensure all damage and repair costs are identified. If damage has been overlooked or not accounted for in the estimate or documents, you need to take action. Failure to act could result in the underpayment of your claim.
  4. Part of Your Claim Was Denied
    If any part of your claim was denied, then your claim may be undervalued. Often the insurance company will deny part of your claim to save money. If your property damage claim has been partially denied, it’s not the end of the claim. The claim can be reopened.
  5. Offered the Actual Cash Value Instead of Replacement Costs
    Your insurance company may also offer to pay the actual cash value instead of the full cost required to replace or repair the property. Depending on your claim and your insurance policy, the insurance company may be underpaying your claim intentionally to save money.
  6. Wear & Tear or Old Damages
    If your insurance company states that the damages are old or are from wear and tear, this may be a sign they are trying to underpay the repairs. If the insurance company did not ask you to make repairs to your property prior to issuing or renewing the insurance policy, and after a claim states damages are from wear and tear or are old damages, it’s assigned there intentionally trying to underpay your claim.
  7. Told You Do Not Need an Attorney or a Public Adjuster
    If you are told you don’t need an attorney or a public adjuster on your claim, then you should call one and ask for a free claims review. Most attorneys or public adjusters will perform a free claim review to sure you are being treated properly under your insurance policy.
  8. Advised their there is a Lack of Coverage or a Gap in Coverage
    Another sign that your insurance company has undervalued your property damage claim is when you have been advised about a lack of coverage or a gap in coverage under your insurance policy. If your insurance company says there is no coverage for certain types of damages or losses, then you should always get a second opinion.

Navigating the complexities of construction negligence insurance claims can be overwhelming. Insurance companies have extensive resources at their disposal, giving them the advantage in negotiations. By retaining an experienced insurance claim attorney, you can ensure that you receive the benefits and compensation you're entitled to under your policy. Our insurance lawyers can help you by:

  • Providing a free claims evaluation
  • Explaining your legal rights as a policyholder
  • Assessing the coverages available under your policy
  • Investigating the source of water damage and mold growth
  • Hiring experts for unbiased assessments of your damages
  • Determining the value of your claim
  • Handling communications with your insurance companyv
  • Negotiating with your insurance company
  • Filing complaints with the Florida Department of Insurance
  • Prosecuting your insurance company in a court of law
  • Fighting for a fair settlement on your behalf


Deciding to move forward with a construction negligence case can be overwhelming. At Murray Law Group we can help guide you through the process.  Connect with us today for a free detailed assessment. 

Contact Murray Law Group at 1-855-269-4317 for a free consultation.



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.