Florida’s bustling real estate market offers countless opportunities for property owners to invest in new construction projects, whether it’s for a home or a commercial building. However, not all construction projects go as planned, and sometimes the results fall short of expectations. Faulty construction can lead to costly repairs, safety concerns, and even legal battles. In such cases, property owners need to understand their rights and legal options to hold contractors or builders accountable. So, what rights do property owners have against faulty construction in Florida? Read this blog and reach out to the seasoned Florida construction attorneys at Ansbacher Law to learn more.
What Constitutes Faulty Construction in Florida?
Faulty construction, sometimes referred to as defective construction, can take many forms. It may involve structural issues, such as cracked foundations or poorly installed roofing, or even aesthetic problems, like uneven flooring or improperly applied paint. The legal definition typically includes work that doesn’t meet building codes or industry standards. But how do property owners know if construction is truly faulty?
In Florida, faulty construction is often defined by the failure of a builder, contractor, or subcontractor to perform according to the agreed-upon contract or industry norms. This might include defective materials, improper installation, or even failure to comply with safety regulations. When these issues arise, property owners may notice signs such as water damage, mold, or electrical problems that were not apparent during construction but become evident over time. Florida law offers protections in these cases, allowing owners to take action if they experience defective work.
What Are the Legal Remedies for Faulty Construction?
Property owners in Florida have several legal options when it comes to addressing faulty construction. These remedies depend on the nature and severity of the defect, as well as the language in the construction contract. Typically, property owners can file a claim under Florida’s construction defect laws, which are designed to protect consumers from shoddy workmanship.
One common remedy is to file a breach of contract claim. If the builder or contractor did not meet the agreed-upon standards, the property owner may sue for damages. This could include compensation for repairs, diminished property value, or even loss of use of the property.
Another legal avenue is a negligence claim. If the contractor failed to meet a reasonable standard of care, resulting in faulty construction, the property owner may be entitled to recover damages. In some cases, builders may also be held accountable under Florida’s implied warranties of habitability and workmanship, which assure that the construction is safe and suitable for its intended purpose.
Moreover, Florida law provides a statutory process for handling construction defect claims, known as Chapter 558. This law requires property owners to give contractors notice of the defect and an opportunity to fix it before filing a lawsuit. While this process aims to encourage resolution without litigation, it still holds contractors accountable and offers a path to legal action if necessary.
If you have further questions or would like to take legal action in response to a construction defect, please don’t hesitate to contact Ansbacher Law today.
