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Stucco defects can lead to homeowner claims against contractors

| Feb 25, 2021 | Construction Litigation |

Many people like to use stucco on their homes, but stucco can have some real problems when water is introduced. Water and moisture accumulation can cause significant issues such as insect infestation, cracking drywall, rotting wood and more.

The majority of homes in Florida are covered in stucco, so understanding the material and how to take care of it is very important. Stucco is essentially thin layers of cement that cover the inner layers of the home and repel moisture. Unfortunately, any kind of crack or damage to the stucco can lead to major property damage.

Why would a homeowner file a claim against a construction team over defective stucco?

Realistically, stucco should last for the lifetime of the home so long as it is maintained. If the homeowner believes that the contractor failed to correct a defect that they were hired to repair or created a defect while performing work on the home, then they may pursue a claim.

Contractors must comply with Florida Statute Chapter 558, which asks homeowners to file a notice of claim with the contractor to discuss the defect. Once it’s disclosed, you, as a contractor, should respond with an offer as required by law. If you and the homeowner cannot come to an agreement to make repairs or resolve to situation, then the homeowner may move on to litigation.

What should you do if a homeowner approaches you about a defect in stucco that your team has applied?

Usually, the best thing to do is to try to work out a solution to the problem. If there is a minor defect or problem that is easy to correct, it may be worth satisfying the homeowner by making that repair and moving on. On the other hand, if there is major damage and you don’t believe that your work was the cause, then it may be worth going to court over the issue. Your attorney can help you decide what you can do to help mitigate the risk of financial losses related to the homeowner’s claim and negotiate with the homeowner on your behalf if needed.

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