CONSTRUCTION LAW

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.

An exclusive WESH NewsChannel 2-Orlando Sentinel investigation inspects 400 homes and finds many plagued with problems.

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.

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."

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.

Even with high levels of unhealthy mold in her house, a First Coast woman says she cannot afford to move her family out.

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

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

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.