If you’ve recently discovered a construction defect on your property, you’re most likely wondering who is liable and whether you’re entitled to file a claim to rectify the issue. In general, you have the right to seek compensation for repairs, property damage, or reduced property value. However, it’s important to understand that in Florida, including Jacksonville and the surrounding Duval County communities, property owners are required to undergo a pre-suit process in accordance with Chapter 558 of the Florida Statutes prior to filing a claim. Please continue reading and reach out to the seasoned Florida construction attorneys here at Ansbacher Law to learn more about construction defect claims and how our legal team can help guide you through the process of filing one.
What Constitutes a Construction Defect in Florida?
A construction defect encompasses a broad range of issues that can arise from inadequate design, material, or workmanship. Under Florida law, these defects might not be immediately apparent. Time reveals most defects, often through damage or operational failure. Chapter 558 of the Florida Statutes specifically addresses construction defects, outlining a necessary pre-suit process for property owners.
Construction defects can impact both residential and commercial properties, ultimately compromising the safety, structural integrity, and overall value of a property. In Florida, these claims commonly involve contractors, subcontractors, developers, engineers, and architects, who may all face liability if their negligence or defective work results in property damage or unsafe conditions.
Common Examples of Construction Defects
- Water intrusion behind walls
- Improperly installed HVAC systems
- Code violations resulting in unsafe conditions
- Mold caused by poor construction
- Faulty electrical wiring
- Cracked foundations
- Windows and doors that are improperly installed
- Roofing defects and premature deterioration
Patent vs. Latent Construction Defects
Under Florida law, there are two types of defects recognized by the state:
- Patent defects: Problems that are visible or discovered through reasonable inspections of the property
- Latent defects: Problems with the property that may not be discovered until years later. Common examples include:
- Improper structural framing
- Defective waterproofing systems
- Hidden mold behind drywall
- Finished basements completed without the required building permits
How Do I Initiate a Construction Defect Claim in Duval County?
Initiating a claim in Jacksonville and throughout Duval County and the surrounding Northeastern Florida communities involves several steps, each critical to the process. The first step is to provide written notice to the contractor, subcontractor, supplier, or design professional responsible for the defect. This notice must be given at least 60 days before filing a lawsuit for residential properties and 120 days for commercial properties. The notice should detail the specific defect(s), providing the accused party an opportunity to inspect the property and identify the issue themselves.
Following the notice, the contractor (or other responsible party) has the option to offer a remedy, which might include repair, payment, or a combination thereof. Negotiations can be complicated, necessitating patience and strategic communication; should these negotiations fail, litigation becomes an inevitable next step.
It’s important to hire an attorney from the outset, as their knowledge of these processes is invaluable. Additionally, a lawyer can also ensure adherence to all relevant statutes, including the strict timelines mandated by Chapter 558.
Steps to Begin a Construction Defect Claim in North Florida
- Identify and document the defective condition
- Photograph all visible damage
- Preserve repair invoices and communications regarding the damage from contractors
- Hire an independent inspector, if necessary
- Provide written notice in accordance with Chapter 558
- Allow the contractor to conduct an inspection of the property and the defective condition
- Review settlement or repair offers
- Enter negotiation or mediation with the contractor
- If an agreement cannot be reached, enter litigation
What Should Be Included in a Chapter 558 Notice?
- A clear description of the alleged defect
- The location of the defect on the property
- Photographs and other supporting evidence, if available
- A statement of the damages or issues caused by the defect
- Access for inspection by the contractor or other responsible party
Failure to submit a notice or submitting an inadequate notice can result in delays and complications in your claim. As such, working with an experienced Florida construction attorney is in your best interest.
What Happens After Filing a Construction Defect Claim?
The outcome of a construction defect claim can vary widely, depending on numerous factors. Litigation might result in a settlement, repair, compensation, or, in some cases, a trial. Throughout this phase, maintaining detailed records of all communications and damages is essential. These documents become critical evidence, supporting your claim’s validity and severity.
Financial compensation might cover the cost of repairs, a reduction in property value, and, in certain cases, legal fees. However, the path to obtaining this compensation is often complex. The defending parties may challenge the claim’s validity, necessitating a strong legal strategy and comprehensive evidence.
Potential Compensation in a Construction Defect Case
Depending on the circumstances of your case, you may be eligible for compensation, including:
- Repair and remediation costs
- Reduced property values
- Loss of use damages
- Consequential property damage
- Compensation for temporary relocation, if necessary
- Engineering or inspection expenses
- Attorney’s fees, in certain cases
How Long Do Construction Defect Cases Take?
Unfortunately, no two cases are the same. There are a number of matters that can impact the length of your claim, including the complexity of damage, whether a settlement can be reached, and insurance issues.
While some claims may be settled quickly, others may move through mediation before litigation is required. Unfortunately, the more complex the matter is, the longer it may take to finalize.
Contact an Experienced Jacksonville Construction Attorney
If you have further questions or you believe you have a valid construction defect claim, please don’t hesitate to reach out to Ansbacher Law today. Our firm understands how overwhelming these matters can be to navigate on your own, which is why we are proud to represent property owners throughout Florida in the fight for the justice and compensation they deserve. Contact us today to learn more.