Can you sue a Florida home builder if you’ve discovered construction defects with your property? If so, it’s important to know your rights under state law when dealing with construction defects. While no one should expect their newly built home to come with major defects, these issues happen and can lead to long-term problems–leaving homeowners in seriously dire financial situations if left unaddressed. Fortunately, thanks to certain laws surrounding Florida’s building codes, homeowners have the right to sue home builders for construction defects in order to recoup damages–but navigating legal proceedings isn’t always straightforward.

In this blog post, we’ll discuss what constitutes a “construction defect” under Florida law, how those defects can be handled legally through lawsuits against developers and contractors, and how an experienced attorney may be able to help pursue compensation on your behalf. Read on for more information on what steps need to be taken in order to sue Florida home builders for construction defects!

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The Cliff Notes: Key Takeaways From This Post

  • 1
    Homeowners who have suffered damages due to defective planning, materials, or workmanship in the construction of their homes can file a construction defect claim in Florida.
  • 2
    A construction defect claim is a legal action taken by a homeowner to hold a contractor or other party responsible for damages caused by defective planning, materials, or workmanship in the construction of their home.
  • 3
    Florida law requires that any defects discovered after the final inspection must be reported to the home builder within four years of completion of the work.
  • 4
    Florida property owners must give home builders a written notice 60 days prior to filing a lawsuit.
  • 5
    Depending on the facts, homeowners may be able to recover monetary compensation for both economic and non-economic losses caused by defective workmanship.
  • 6
    If you believe you have a valid construction defect claim in Florida, it is important to consult with an experienced construction law attorney as soon as possible.
  • 7
    If you’re serious about suing a Florida home builder, contact Herman & Wells for a free consultation.

Understanding Construction Defects In Florida Homes

Under Florida law, a construction defect is defined as an issue that arises due to a builder or contractor not following the proper building codes for the area, typically resulting in structural damage that impacts the safety and/or usability of the property. Common types of construction defects found in homes across Florida include:

Foundation Issues

The most common issue found in Florida homes is foundation problems, which can include anything from cracks to shifting walls. This type of defect is often caused by inadequate soil preparation or a failure to properly reinforce the structure before pouring the concrete–both violations of state building codes.

Water Intrusion

Another common construction defect that plagues many Florida homes is water intrusion, which can be caused by faulty roofing, siding, or window installation. Water intrusion is especially damaging because it can lead to the growth of mold and mildew that can cause health problems for homeowners and require costly repairs.

Plumbing Problems

Faulty plumbing installations are also a common issue in Florida homes, with issues ranging from clogged drains and leaky pipes to burst water heaters. This type of defect can be caused by a variety of issues, including incorrect pipe sizing or the usage of sub-par materials.

Electrical Defects

Finally, faulty wiring and other electrical defects are also common problems found in Florida homes due to improper installation or inadequate spacing between outlets. Electrical issues can be dangerous, so it’s essential for homeowners to have any electrical problems examined and addressed promptly.

Legal Rights Of Homeowners In Florida With Construction Defects

Homeowners in Florida have a number of legal rights when it comes to construction defects, which the Florida Building Code and the Florida Condominium Act outline. These laws enable homeowners to seek compensation for any damages that result from a builder or contractor not adhering to these codes.

For example, homeowners can file suit against builders for failing to meet code standards when it comes to foundation issues, water intrusion, plumbing problems or electrical defects. Furthermore, these laws provide a basis for pursuing financial damages as a result of these issues, which may include the costs of repairs and/or any personal injury claims due to health complications caused by the defect.

In addition to this legal recourse homeowners have against builders and contractors, there are also certain warranties and insurance policies that can help protect homeowners from construction defects. It is important to take the time to research what type of warranty or insurance policy may be available in your situation, as this could offer additional protection for you and your family.