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Florida Construction Defects FAQ

April 23, 2020 in FAQs

Our team has handled hundreds of construction defect claims in Florida. Our legal team highlights the most frequently asked questions about construction defects. 

What Is a Construction Defect?

A construction defect is a defect in the design, materials, workmanship or condition in an improvement, whether land, structure, a building, or residence that may result in damage to people or property or reduces the overall value of the improvements or property. Some types of construction defects are apparent, such as flooding or water seepage, but some are less apparent, only surfacing years after the improvement is constructed.

What Are Common Types of Construction Defects in Florida?

Some common types of defects in Florida:

  • Roof leaks
  • Water/moisture intrusion
  • Abnormal cracking in foundation, floor, walls
  • Heating and electrical
  • Landscaping and soil erosion/support
  • Inadequate foundation support 

Our attorneys rely on qualified experts in respective disciplines to investigate the defect, evaluate the specific cause(s) and recommend how to remedy the problem(s). 

 What Kinds of Damages Are Recoverable?

Depending on the facts and circumstances surrounding your construction defect claim, generally, the cost of repairs or any decline in your property’s value may be recovered. Other damages may include the cost of any temporary housing, court expenses and sometimes, you may be able to recover your attorney’s fees. Additionally, if you suffer any personal injury as a direct result of the defect, you may be entitled to recover damages for the personal injury. The court may also award punitive damages if the defendant is found to have committed intentional misconduct or gross negligence.

What Are Florida’s Time Limits for Filing a Lawsuit?

An action based on the design, planning or construction of an improvement to real property must generally be made in Florida within four years, but when the action involves a latent defect depending on the facts and circumstances the action may be commended within 10 years. 

Who may be Held Responsible for Construction Defects?

One or more parties involved in the construction may ultimately be responsible for construction defects, including developers, engineers, architects, contractors or subcontractors.  

Should I Make Repairs While a Litigation Is Pending?

Generally, it is best to protect the property from sustaining additional damage. Reasonable repair costs may be recovered in a lawsuit. It’s important to note that the failure to perform reasonable repairs or routine maintenance can give rise to a defense that you failed to mitigate your damages.

Seeking Legal Advice

If you suffer injury or your property is damaged due to a construction defect, don’t hesitate to contact our office. With years of experience handling construction defect cases throughout the state of Florida, our attorneys can assist you. Contact us today to schedule a construction defect case evaluation. 



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