When you hire a contractor to build, repair, renovate, or otherwise improve your property, you are paying for the job to be done correctly. Unfortunately, this does not always happen, and in some cases, property owners are left with defective construction, unfinished work, or serious problems that can cost thousands of dollars to fix. If you are currently dealing with poor workmanship in Florida, you may wonder whether you can sue the contractor responsible. In many cases, the answer is “yes,” though whether you have a valid claim will depend on the nature of the defect, your construction contract, and several other factors. Continue reading and reach out to an experienced Jacksonville construction lawyer to learn more about construction defect claims and what you should know if a contractor has performed substandard work on your property. Here are some of the questions you may have:
What Is Considered Poor Workmanship in Florida?
Generally speaking, poor workmanship is construction work that falls below accepted professional standards, violates applicable building codes, does not comply with the parties’ agreement, or otherwise results in defects that affect the property. Some of the most common examples of poor workmanship are as follows:
- Improperly installed roofing that allows water to enter the property
- Cracks in foundations, walls, concrete, or other structural components
- Faulty electrical or plumbing work
- Improper installation of windows or doors
- Defective waterproofing or drainage systems
- Uneven or improperly installed flooring
- Mold or moisture problems caused by construction errors
- Work that violates Florida building codes
- Failure to follow agreed-upon plans or specifications
- The use of incorrect, defective, or inferior materials
What Legal Claims Can I Bring Against a Contractor for Defective Work?
There are several potential legal claims that may apply when a contractor performs defective work.
Perhaps the most obvious is breach of contract. Simply put, if your construction agreement required your contractor to perform certain work, use specific materials, or meet certain standards and the contractor failed to do so, you may have grounds to pursue compensation. Depending on the circumstances, additional claims may include:
- Negligence: A contractor may be responsible when careless work causes legally recoverable property damage.
- Breach of warranty: Certain express or implied warranties may apply to construction work.
- Building code violations: Violations of applicable codes can sometimes serve as important evidence in a construction defect case.
- Fraud or misrepresentation: In some cases, contractors may knowingly make false statements concerning materials, qualifications, completed work, or other important aspects of a project.
Under Chapter 558 of the Florida Statutes, property owners generally must provide notice of alleged construction defects and give certain responsible parties an opportunity to inspect the problem and potentially resolve the matter before litigation begins.
For this reason, you should be very careful about immediately removing or repairing all defective construction before properly documenting it, as doing so could potentially make your claim more difficult to prove.
What Compensation Can I Recover for Poor Construction Work?
The compensation available in a construction defect case will depend on the nature of the work performed and the financial losses you have sustained.
In many cases, a property owner may pursue the reasonable cost of repairing or replacing defective work. Additionally, if that defective work caused damage to other parts of the property, those losses may also become part of the claim. Some of the most important evidence you should preserve is as follows:
- Your original construction contract and any amendments
- Invoices, receipts, and proof of payment
- Photographs and videos of the defective construction
- Emails and text messages exchanged with the contractor
- Building permits and inspection records
- Estimates for necessary repairs
- Reports or evaluations from construction experts
- Documentation of any additional property damage
Ultimately, if you believe a contractor performed defective or substandard work on your property, you should strongly consider speaking with a Florida construction law attorney who can assess your case and work to pursue the financial compensation you deserve. Contact Ansbacher Law for comprehensive representation today.