Florida Construction Defect Litigation

In Florida’s active real estate market, construction projects are prevalent. However, disputes regarding construction defects can impact homeowners, developers, and contractors, necessitating legal action to address these issues and secure compensation. The Law Office of Robert Eckard & Associates, P.A. offers guidance in these matters, drawing on a strong foundation in business litigation.

What Is Construction Defect Litigation?

Construction defect litigation involves legal disputes over defects in new building projects or remodeling efforts. These defects can range from structural issues, such as faulty foundations, to aesthetic problems that may decrease property value. In Florida, these cases often revolve around the standards set in the Florida Building Code, which specifies the minimum requirements for building safety and stability. Whether you’re dealing with a minor aesthetic issue or a major structural defect, having a skilled Palm Harbor business litigation attorney can make a significant difference in handling these complex cases.

Legal Framework for Construction Defect Claims in Florida

The legal framework for construction defect claims in Florida is primarily governed by Chapter 558 of the Florida Statutes. This set of laws outlines specific procedures and requirements that must be met when initiating construction defect claims. Here are the key components:

1. Notice Requirements: Before initiating a lawsuit, the claimant must provide a written notice of claim to the contractor, subcontractor, supplier, or design professional responsible for the defect. This notice should detail the claim and allow the responsible parties an opportunity to inspect the defect, propose a remedy, settle with a payment, or contest the claim.
2. Right to Cure: The party receiving the notice has a specific period to respond (usually within 45 days for inspecting the property and an additional 45 days to provide a written response). They can propose to repair the defect, settle with a payment, or deny liability.
3. Construction Defect Litigation: If the parties do not resolve the issue through the pre-suit process outlined in Chapter 558, the claimant may then proceed to file a lawsuit. The statute aims to resolve issues through negotiation and repair before litigation to reduce legal costs and time.
4. Statutes of Limitation and Repose: Florida law sets specific time limits for filing a defect claim. The statute of limitations typically allows four years from when the defect is discovered or should have been discovered with due diligence. Furthermore, a statute of repose restricts claims to within ten years after construction completion, irrespective of when the defect was identified.
5. Damages and Liability: In a successful construction defect claim, the claimant may recover damages for the cost of repairs, the reduction in property value, and sometimes other consequential damages depending on the contract and specifics of the case.

Proactive Legal Strategies

Given the potential severity of construction defects, it’s crucial to address these issues proactively. Our firm advises clients on both preventive measures and effective responses to emerging disputes. This includes contract review and negotiation, regular site inspections, and the involvement of thorough assessments early in the project phase to mitigate risks. Learn more about our approach here.

Secure Your Investment with Premier Legal Advocacy

The Law Office of Robert Eckard & Associates, P.A., is fully equipped to handle your construction defect litigation, providing a robust defense for your real estate investments and business interests. Facing a construction defect issue demands immediate action, and our team is primed to manage the legal processes required to protect your interests. We offer dedicated and decisive representation, ensuring that each strategy is specifically tailored to meet your needs.

If you require a business litigation lawyer in Palm Harbor, FL, our firm stands ready to deliver the comprehensive support you need. Visit our Contact Page to schedule a consultation and secure your legal rights and interests effectively.