Construction Law
Ansbacher & McKeel, P.A. is able to assist in all areas of construction law.
Barry B. Ansbacher is a board certified real estate law specialist, and a published author on subdivision development. We represent builders and developers in all stages of development, including land acquisition and financing, platting, zoning, covenants, and contracts. Our attorneys practice in Florida and Federal courts, and in arbitration proceedings before the American Arbitration Association. We are title agents for Attorneys' Title Insurance Fund, and Fidelity National Title Insurance.
We also represent homeowners with contracts and lot purchases, and in dealing with construction defects. Florida law requires contractors to build homes in compliance with Florida Building Code. If a home is not built in accordance with the Florida Building Code, the homeowner has many choices, including a lawsuit for breach of contract, a civil action for violation of the Florida Building Code, and a fraud claim for failure to disclose known latent defects. Complaints can be filed with the Florida Department of Business and Professional Regulation Construction Industry Licensing Board; and there is a Construction Industry Recovery Fund; however, in our experience such complaints rarely prove effective.
Contact us if we can help.
Chapter 558 Florida Statutes requires special notices prior to arbitration or filing a lawsuit. The use of an attorney to assure compliance is highly recommended. Review of this flowchart [156 kb pdf] filewill help explain the requirements.
The requirements for construction depend on the building code adopted when the building permit application for the structure was filed. See Florida Building Codes Table of applicable building codes and adoption dates.
Links to Websites of Interest
- Florida Building Code Information
- Building Officials Association of Florida
- Florida Department of Business & Professional Regulation
- Florida Attorney General - Consumer Fraud Division
- Board of Architecture and Interior Design
News Regarding Construction Law
February 1, 2004
In a seller's market, terms and conditions generally favor the big builders, not consumers.
By Dan Tracy | Orlando Sentinel
The contract's intent, builders say, is to ensure in writing that the house is delivered by the seller - and that the buyer pays on time. But the effect, critics say, is to leave the buyer with little or no recourse in the event of a problem with the house.
Barry Ansbacher, a Jacksonville attorney who often represents disgruntled home buyers, said the bottom line for new-construction contracts is this: "There's more consumer protection in buying a car than for someone spending 10 times as much to buy a house."
Custom builders, usually small locally owned operations, generally will permit the buyer to modify the sales contract. But production builders -- large national companies such as Morrison that construct 80 percent of the new homes in greater Orlando -- generally won't.
October 2003
Home Inspection Series
By Staff | Orlando Sentinel & WESH TV
An exclusive WESH NewsChannel 2-Orlando Sentinel investigation inspects 400 homes and finds many plagued with problems.
July 2003
Home Sick
By Cynthia Barnett | Florida Trend
Home buyers can wind up paying twice to build a home in Florida thanks to a state law that leaves consumers on the hook for unpaid workers or supplies. Florida’s DBPR revoked or suspended more licenses last year than ever before as consumer complaints against contractors climbed near 4,000. But investigations can take years, and actions against contractors come too late for consumers who’ve already lost money.
May 29, 2003
Arvida advises new home owners
By Daryl Tardy | First Coast News
Arvida, Florida's largest home builder, is now telling its customers that they may want an inspector to take another look at their homes... Excessive cracks that are larger than a fine hair line. And they're basically chunking off. I mean chunks. And that should not be. According to Thomas Goldsbury with the Jacksonville Public Works Department says, it throws up a little red flag.
April 23, 2003
Nature's Watch Townhouses
By Robert Farley | St. Petersburg Times
Residents of Nature's Watch townhouses knew it would cost a bundle to repair the scores of units experts say were damaged by water seeping in around shoddy construction. The problem at Nature's Watch is water. It has seeped in around windows, doors and balconies and through roofs, causing millions of dollars in damage.
Related Editorial Opinion - May 3, 2003. One issue needs a broader response. Extreme moisture-intrusion problems at Nature's Watch and more recently at several other Pinellas complexes call attention to a gap in the building code that warrants statewide review. The code requires builders to use certain waterproofing techniques in constructing a building, but the code does not call for an inspection of the waterproofing work. The result is that relatively new buildings are leaking like sieves, creating health, safety and financial problems for residents. Given Florida's wet climate, waterproofing seems vital enough to justify a special inspection.
May 8, 2003
Living With Mold
By Jennifer Brice | First Coast News
Even with high levels of unhealthy mold in her house, a First Coast woman says she cannot afford to move her family out.
May 2003
New Florida Law Restricts Claims for Building Defects
Law pending Governor's signature requires homeowners give builders notice and possibly an opportunity to cure alleged building defects before filing suit, or commencing arbitration of their claim.
March 2, 2003
Can builder bar home buyers from jury trial?
By Robert Bruss | Tribune Media Service
Because Ivan and the 12 other home buyers had no bargaining power, the judge continued, the contract presented to them by the home builder was a contract of adhesion. Its provision for "judicial reference" to a court-appointed referee was unconscionable, he ruled. Therefore, Ivan and the other home buyers are entitled to a court trial with a jury, and they can recover punitive damages from the home builder if justified by the facts, the judge concluded
December 17, 2002
More Lawsuits Brewing Against Arvida
By Steve Patterson | Florida Times-Union
Complaints about mold could trigger dozens of lawsuits against the developer of a Southside Jacksonville neighborhood, according to an attorney for several homeowners. Arvida, a major Florida homebuilder, has been sued at least six times this year by owners of homes in the James Island subdivision off Butler Boulevard. But after examining about 30 Arvida houses, "100 percent of the homes we're looking at had ... underlying construction defects," said Barry Ansbacher, a lawyer for the plaintiffs.