When you invest in building or remodeling a property, you expect it to be safe, functional, and built to professional standards. Unfortunately, construction defects can arise, leaving homeowners and property owners with serious problems that impact safety, value, and peace of mind. If you discover a construction defect in your home, you may wonder what steps you need to take to cover the costs of repairs and ensure you’re not taken advantage of by negligent parties. Read on and reach out to the seasoned Florida construction lawyers here at Ansbacher Law to learn more about how to make a claim on a construction defect and how our team can walk you through the process. Here are some of the questions you may have:
What Exactly Is Considered a Construction Defect?
A construction defect refers to a flaw in the design, materials, or workmanship of a property that results in damage or creates unsafe conditions. Some issues are obvious, such as a leaky roof, cracked foundation, or faulty electrical work.
Others may be hidden and only reveal themselves over time, like water intrusion behind walls or structural weaknesses that affect stability.
Florida law recognizes both patent defects, which are visible, and latent defects, which may not be discovered until years later. Knowing what qualifies as a defect is the first step in determining whether you have a valid claim.
How Do I Start the Claim Process in Florida?
The first thing to do if you suspect a construction defect is to document everything. Take photographs, keep repair estimates, and save any communications with the builder or contractor. In Florida, the law requires property owners to follow a pre-suit process under Chapter 558 of the Florida Statutes before filing a lawsuit. This means you must provide written notice to the contractor, subcontractor, or other responsible parties, outlining the specific defects.
They then have the opportunity to inspect the property, respond to your claim, and potentially offer to fix the problem. This notice period is designed to encourage resolution without lengthy litigation. However, if the parties cannot reach an agreement, you may proceed with filing a lawsuit to recover damages.
Why Should I Work With a Construction Lawyer?
Construction defect claims can quickly become complicated. Contractors and insurance companies may deny responsibility or argue that the problem was caused by something else. In addition, there are strict deadlines for bringing a claim. Because of these issues, working with an experienced construction lawyer is highly recommended. Ansbacher Law can help ensure your notice is properly prepared, negotiate with the other side, and take your case to court if necessary. Most importantly, we can protect your rights and fight to secure the compensation you need to repair the defect and restore your property’s value.
If you have further questions or would like to file a construction defect claim, please don’t hesitate to contact Ansbacher Law today.