Construction deficiencies or flaws in the materials that are used for a building are known as construction defects. These defects usually arise for reasons such as lack of sound planning, insufficient due-diligence, and improper oversight. Such significant problems can put property owners, design professionals, contractors, subcontractors, and other parties involved at odds with each other.
At the Law Office of Michael L. Dear, we take pride in being chosen by property owners and contractors alike for construction defect cases. Whether you’re a contractor who has received a notice of a construction defect and wants to defend against the claim, or a property owner who wants to make a claim for defective construction, we are here to help. The Law Office of Michael L. Dear is a Florida construction law firm with a reputation for professionalism and trusted services delivered with integrity. We have the experience, skills, and knowledge to represent both defendants and plaintiffs in construction defect claims.
The experience of our Orlando construction defect lawyers extends to cases including private and large public construction projects, FEMA construction projects, seawalls, schools, hotels, condominiums, office buildings, and other types of properties. We can handle construction claims involving:
- Defective workmanship
- Negligent design
- Payment and collection
- Water intrusion
- Chlorinated Poly Vinyl
- HVAC defects
- Plumbing and electrical system defects
- Faulty roofing
- Cracked slabs and foundations
- Structural issues
- Drywall problems
- Mold encroachment
- Soil substance
Since construction laws and defect claims are complex, it is important that you hire an experienced and qualified Orlando construction defect lawyer to fight your case. The Dear Law Firm in Orlando has extensive experience in Florida construction defect claims. If you are an owner experiencing defective construction, poor work product, or a breach of contract, or you are a contractor defending against a claim of defective construction, pursuing nonpayment, or are responding to a Chapter 558 Notice, please contact us to review your case.
Florida Construction Defect Statute of Limitation
A statute of limitation is the time period within which a civil lawsuit must be brought. In the construction defect context this period is four years for defects related to improvements to real property.
However, defects in the design are subject to a two-year statute of limitations and a lawsuit must be filed within that time period.
If a construction or design defect is unknown to the owner, these periods can be extended up to ten years, but in no event longer than the statute of limitations period, if the owner knew or should have known of the existence of the defect.
Florida 558 Notice
Before bringing a claim for construction defect, an owner must serve a statutory notice on any person liable for the defects. This notice is commonly called a 558 notice. In the 558 notice a claimant must identify the defective construction and allow a period of time, most often 60 days, for the person liable for the defect to inspect the property, notify any subcontractors or material suppliers liable for the defect, and offer to make a repair, offer a financial settlement to satisfy the repair costs, or refuse to do so.
Construction Defect Insurance
In some cases, defects in design or construction can be covered by the contractor, design professional, or supplier’s insurance policy. The purpose of insurance coverage in this scenario is to pay the cost to repair the damage to adjacent property damaged by the defect. You should obtain a thorough review early of your claim by an attorney who understands the relationship between construction defect and insurance coverage.
Act Quickly Before the Statue of Limitation Expires
In Florida, the claimant of construction defects has four years to take the case to court. This period starts from the date when the proprietor takes property ownership, and the contract is declared closed and the occupancy certificate published. Sometimes, it is believed that the time frame for the statute of limitation begins on the date when the defect was found. However, on the contrary, it is said that the property owner should have assessed the property with due diligence to disclose defects beforehand. Therefore, to be certain about and to protect your rights, it is a good idea to take counsel from our seasoned Orlando construction defect lawyer who will guide you and fight your case to get you justice.
Our attorney may also advise property owners to send a written 60 days notification to the contractor, supplier, or design professional before filing a lawsuit under Chapter 558 of the Florida Statutes. This warning is necessary to enable contractors and design professionals to fix the defect or present a settlement. It is also known as ‘the right to cure.’
Contact our law office today at 407-494-6105 to discuss your case. Alternatively, you may send us a message about your case using our online contact form. We will assess your case and provide you with the best course of legal action for your situation.