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!
The Cliff Notes: Key Takeaways From This Post
- 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.
- 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.
- 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.
- Florida property owners must give home builders a written notice 60 days prior to filing a lawsuit.
- Depending on the facts, homeowners may be able to recover monetary compensation for both economic and non-economic losses caused by defective workmanship.
- 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.
- 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.
Can You Sue Florida Home Builders For Construction Defects?
Yes, homeowners in Florida can sue home builders for construction defects. In order to do so, they must first be able to prove that the builder or contractor violated state building codes and/or warranties when constructing the property. Homeowners should also gather as much evidence as possible before filing suit, including photographs of any damage caused by the defect and written documentation outlining problems with the construction process.
It’s also important for homeowners to consider hiring an attorney with experience handling construction defect cases in Florida. An experienced construction lawyer will be able to provide legal advice on the best course of action for your situation, as well as handle all aspects of filing a lawsuit against the builder or contractor. They can also help you pursue any compensation that may be owed to you as a result of the construction defect.
Time Limitations For Filing Construction Defect Lawsuits In Florida
It is important for homeowners to be aware of the time limitations they face when filing a lawsuit against home builders for construction defects in Florida. Any legal action taken must abide by both the state’s statute of limitations and its statute of repose, which together set a two-year limit on filing such claims. This means that you must file your lawsuit within two years of discovering the defect in order to protect your legal rights.
It is important to remember that this time frame starts from the date you discovered (or should have reasonably discovered) a construction defect, not from the date work was finished or completed on the property. Therefore, it is in your best interest to act promptly and contact an experienced attorney as soon as possible if you suspect there is an issue with the construction of your home.
The Construction Defect Claim Process In Florida
When pursuing a construction defect claim in Florida, it’s important to take certain steps to ensure the best possible outcome. Understanding these steps ahead of time can help homeowners navigate the process with ease and confidence.
First and foremost, it’s important to notify the home builder of the issue as soon as possible. Depending on the type of defect, there may be a short window in which repairs can be made. When you contact the builder, make sure to provide as much detail about the issue as possible – photos and any other evidence can help your case.
Once the home builder has been notified, it’s important to engage in negotiations or mediation with them. This is where our lawyers can be especially helpful. We have decades of experience helping clients find solutions through the mediation process. Our attorneys are skilled negotiators and understand how to navigate negotiations with builders to obtain a favorable outcome for our clients. In some cases, pursuing further legal action such as filing a lawsuit may be necessary.
Damages And Compensation In Florida Construction Defect Cases
When it comes to obtaining compensation for construction defects, Florida law is very clear on the types of damages homeowners may be entitled to. These include repair costs, property value diminishment, and inconvenience suffered by homeowners due to the defect.
At Herman & Wells, we have extensive experience evaluating cases and accurately assessing damages in these situations. We understand the complexity involved when it comes to construction defect cases and know how to properly assess damages to maximize our clients’ compensation.
We also factor in all elements surrounding the incident, including code violations or any other factors that could increase the amount of damages homeowners are owed. We have a wide network of experts who can help accurately evaluate repair costs and property value diminishment, as well as any other costs homeowners may have incurred due to the defect.
The Importance Of Hiring An Experienced Florida Construction Defect Lawyer
When it comes to filing a construction defect claim in Florida, there is no substitute for an experienced and knowledgeable legal team. At Herman & Wells, we specialize in handling construction defect cases in the state of Florida. We have a thorough understanding of local building codes, regulations, and construction practices specific to our state. Our extensive experience gives us a distinct advantage when representing homeowners in construction defect claims.
We have a proven track record of successful outcomes, and we are committed to providing personalized and effective legal representation for all of our clients. Our team is passionate about advocating on behalf of homeowners who have been affected by unfair or negligent construction practices. We understand the complex nature of these cases, which is why we provide tailored guidance and solutions that meet the individual needs of our clients.
Frequently Asked Questions About Construction Defect Lawsuits In Florida
Q: What Is A Construction Defect Claim?
A: 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. In Florida, the law requires that any defects discovered after the final inspection must be reported within four years of completion of the work.
Q: Who Is Able To File A Construction Defect Claim In Florida?
A: Any homeowner who has suffered damages due to defective planning, materials, or workmanship in the construction of their home can file a construction defect claim in Florida. This includes homeowners who own single-family homes, duplexes, townhouses, and condominiums, as well as commercial property owners.
Q: What Types Of Defects Can Be Included In A Construction Defect Claim?
A: Common defects that may qualify for a construction defect claim include faulty plumbing, electrical wiring, roofing, flooring, and foundation issues. Additionally, faulty design elements and structural deficiencies can also be included in a construction defect claim. It is important to note that not all defects are considered construction defects, and some issues may be the responsibility of the homeowner to repair.
Q: What Types Of Damages Can Be Recovered In A Florida Construction Defect Claim?
A: Depending on the facts, homeowners may be able to recover monetary compensation for both economic and non-economic losses caused by defective workmanship. Economic damages include costs associated with needed repairs, replacement of materials, and labor charges.
Non-economic damages may include compensation for physical pain and suffering, emotional distress, inconvenience, loss of use and enjoyment of the property, or even diminution in value.
Q: What Is The Process For Filing A Construction Defect Claim In Florida?
A: Depending on the facts, homeowners may have to go through a different process to resolve their construction defect claim. In some cases, homeowners may be able to negotiate with the contractor and come to an agreement without having to file a lawsuit. However, if the negotiation is unsuccessful, the homeowner may need to file a lawsuit in state court or through arbitration.
Q: What Should I Do If I Think I Have A Valid Construction Defect Claim In Florida?
A: If you believe you have a valid construction defect claim in Florida, it is important to consult with an experienced attorney as soon as possible. An attorney familiar with construction defect law in Florida can review the facts of your case and provide legal advice on how to proceed. It is also important to document any damages that may have been caused by the defective workmanship and to keep copies of all relevant documents.
Want To Sue Your Home Builder? Call Herman & Wells
Have you purchased or owned a home in Florida that may have construction defects? If so, now is the time to contact Herman & Wells. Our experienced team of attorneys can help you navigate the complex legalities surrounding filing a construction defect claim and eventually suing a Florida home builder (if it comes to that).
We understand that this process can be daunting and confusing, but our lawyers are here to help you through it every step of the way. We’ll fight for your rights and ensure that you receive the compensation and justice that you deserve.
Don’t wait – contact Herman & Wells today to get started on your construction defect claim in Florida! Call (727) 821-3195 for a free consultation today.