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Construction defects can affect a new home or building

On Behalf of | Jul 6, 2020 | Construction Law |

Homeowners and property owners in Florida might want to know more about what consists of a construction defect. A construction deficiency happens when there is a failure to construct the building in a reasonably workmanlike manner, or the structure fails in the intended manner and does not perform as intended by the buyer.

Common issues include structural integrity, expansive soils, mechanical and electrical issues, thermal and moisture protection, doors and windows, water intrusion and finishes. In addition, courts may categorize defects in one of four categories: design deficiencies, material deficiencies, construction deficiencies or subsurface deficiencies. If an architect or engineer does not design as specified by code and water penetrates or does not drain, that is considered a design deficiency.

A material deficiency might be the use of inferior building materials, resulting in such issues as leaking windows. Leaking windows can be the result of a number of factors, even when they were installed properly. Poor-quality workmanship can result in a construction deficiency as growth of mold or cracks in the foundation are two of the results that could occur. Subsurface deficiencies result when the building is built on an area that does not provide a stable foundation.

Defects in construction can lead to a breach of contract and payment disputes. For example, subcontractors and contractors are able to put a lien on property when payment is not forthcoming. A knowledgeable attorney versed in construction defect law might be of help in learning more about the complex laws and how they apply. A law firm may also assist in finding who is at fault for construction defects and represent a client in finding the best possible outcome whether the client is a plaintiff or defendant.

Board Certified Civil Trial Lawyer

Dana Watts is a board certified civil trial lawyer by the Florida Bar Board of Legal Specialization with more than 30 years of litigation experience. He also received an AV* peer review rating through Martindale-Hubbell.

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