Fort Lauderdale Construction Defect Attorney Answers Common Questions
Geoffrey Ittleman | January 20, 2020
South Florida Construction Defect Law Firm
Construction defects are conditions that can reduce the value of your home. While some defects are apparent, such as water damage or mold intrusion, others may not be noticeable until years later after a house is built.
What Can Cause Construction Defects?
A construction defect can be caused by an array of factors, including inferior materials or poor workmanship. However, deficiencies can arise from several different factors, including:
- Planning and site selection
- Improper preparation and soil analysis
- Structural and civil engineering
- Defective building materials
- Negligent construction
What Are Common Construction Defects?
Some of the most common types of construction defects that require settlement or litigation include:
- Dry rot
- Electrical systems
- Faulty drainage
- Foundation, roof, floor and wall cracks
- Heating and electrical
- Landscaping and soil
- Structural failures
- Water issues
How Our Attorneys Can Prove Construction Defects in Court
Obvious defects are known as “patent defects.” Defects that remain hidden or do not appear until years after construction are “latent defects.” Depending on the defect, our construction defect attorney will use the testimony of construction experts that will investigate the defect, evaluate the specific cause and then make recommendations on how to proceed with repairs, including how much money it will cost to correct the defects.
What Kind of Damages Are Recoverable for Construction
Defects in South Florida?
Depending on the circumstances and facts related to your case, the general cost of repairs and if your home has declined in value are taken into consideration, and an attorney will attempt to recover these monetary damages. Other recoverable damages may include the loss of using the property during any repairs, the expenses related to having temporary housing and court costs. If any personal injuries were the result of the defect, we might be able to recover these damages too. If the construction defect is proven to be intentional and reckless, our attorney will seek punitive damages against the defendant.
Who Usually Pays for the Damages?
Usually, the defendant’s insurance company and the policy they had in effect when the damage was noticed is responsible for paying these types of damages.
Does Florida Have a Time Limit for Filing Litigation?
Yes, the statute of limitations in Florida to file a construction defect lawsuit is four years following the conclusion of the project.
Who Is Legally Responsible for Construction Defects?
Several parties may be responsible for construction defects. Still, usually the fault will lie with the developer, general contractor and the builder, even if the work was performed by subcontractors or defective materials were used. Additionally, designers, architects and other parties may be defendants in any litigation, if warranted.
Should I Make Repairs During Pending Litigation?
A homeowner or the homeowner’s association is usually required to protect the property from further damage. Repair costs are recoverable in your lawsuit. If you fail to perform reasonable repairs and routine maintenance, this can contribute to additional damage, which can lead the defendant to say that you had a failure to mitigate damages.
Can I Sell My Home If I Have a Pending Lawsuit?
Yes, homeowners are generally allowed to sell their home if they have a pending lawsuit, but you will be required to disclose this a potential buyer.
South Florida Construction Defect Representation
The Law Offices of Geoffrey D. Ittleman, P.A., have more than 16 years of experience handling Fort Lauderdale and South Florida construction defect claims. Contact our office for a free consultation and case evaluation today.