If you are a Florida business owner, you know that a construction defect on your property can cause you serious issues. Construction defect claims can be complicated because there are several parties who may be responsible.
When you are focused on running your business, resolving a construction defect claim efficiently and properly is important to keep your business operating smoothly. Some of the first questions you are likely to ask if who is responsible for the construction defect and what can you do about it?
General contractor
A general contractor is usually the main person liable for construction defects. The general contractor manages the entire construction project and is the primary point of communication between subcontractors and suppliers.
If the defect involves subpar work, negligent management or failure to follow building codes, the general contractor might be responsible.
General contractors are usually responsible for the actions of their subcontractors. Therefore, if the defect is the fault of a subcontractor, your claim might still be against the general contractor.
Suppliers, engineers or architects
Sometimes a construction defect arises from defective materials. Faulty material can cause major problems even if they are installed correctly. If you were provided with damaged materials, the supplier could be the party to hold responsible with a construction defect claim.
Engineers and architects are responsible for designing the construction project. Errors in the design or planning can cause structural issues that cannot be undone. When this is your problem, your construction defect claim could be against an engineer or architect.
Determining liability for construction defects usually involves a thorough investigation. You must examine the roles of each party involved in the process.
Although this often takes time, construction defect claims in Florida must be brought within four years after a project is complete. You should start your investigation as soon as you learn of a potential defect to ensure you file your claim in time.
When you determine the appropriate party to file your claim against, you must decide which type of claim to pursue.
Negligence and strict liability
Construction defect claims are often based on the legal concept of negligence. All parties in the construction process have a legal duty to use reasonable care in the construction process. A breach of this duty of care that causes a construction defect and resulting damages establishes negligence.
Some construction defect claims are based on strict liability. There is an implied warranty of habitability in every construction project. This means the general contractor has a legal duty to construct a building suitable for living or doing business in.
While you do not need to show negligence with a strict liability claim, you must show that the contractor was involved in the building project, a defect exists, the contractor caused the injury and the defect caused damage.
Construction defects can cause your business numerous problems that hurt your bottom line. Acting quickly and building a thorough case increases your chance of a satisfactory remedy for the defect.