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Taking action after a construction defect

On Behalf of | Aug 28, 2018 | Construction Litigation |

While construction projects can be complicated and involve many different engineering processes, defects that result from a construction project can pose severe safety risks and always need to be addressed. No matter the scale of a construction project, it is vital that it is highly organized and scoped out before construction starts.

If you are a client who has hired a construction company to complete a particular job, you may feel short-changed when it comes to the end result. In an ideal situation, the construction contract would have mapped out exactly how the end result should be, but if you feel that certain defects exist, it is important that you look into your legal options early on.

What limits do I have when making a construction defect claim?

Almost all legal claims have a statutes of limitations attached to them in the state of Florida. A claim about a construction defect must be brought forward to a state court within four years of the construction project being executed.

How can I prove that a certain condition is actually a defect in front of the courts?

Some defects are quite obvious, and are not difficult to prove. These defects are usually present when the construction project has been completed. However some defects, known as “latent” defects, may become obvious months or years after the completion of a project. These might be more difficult to prove, because the construction or insurance company may try to argue that you as the plaintiff could have caused the defect through use.

If I am successful in my construction defect claim, who will pay for the damages?

In a typical situation, the insurance provider of the construction company will pay for any damages due to a defect. This is why much of the legal battle in regard to a construction defect might involve you, as the plaintiff, against the construction company’s insurance provider.

If you have witnessed defects in a construction project of any size or scope, it is important to take action as soon as possible so that you are acting within your statute of limitations. Legal claims such as these can take a significant amount of time.


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