Unfortunately, construction defects occur on Florida commercial and residential projects with alarming regularity. Often, the owner of the structure becomes aware of a construction defect only after assuming possession of the commercial building or residence. If you find yourself in such a dilemma, there are a number of factors to bear in mind regarding construction defects and your legal rights.
Definition of a construction defect
When considering construction-related defects, many people tend to think of workmanship gone awry. While defective workmanship is a type of construction defect, it is not the singular problem.
Generally speaking, a construction defect refers to a shortcoming in regard to workmanship, design, materials or mechanical systems in a structure. This includes these types of deficiencies in any type of building from commercial to residential.
Due diligence and your legal rights
Before accepting possession of a newly built structure, the owner must exercise what is legally known as due diligence to identify any construction defects before tendering a final approval of the work done. Due diligence doesn’t mean perfect thoroughness. Rather, an owner must undertake a reasonably complete inspection to identify any of the possible types of construction defects.
Parties responsible for construction defects
What tends to make pursuing a construction defect claim a challenging endeavor is the need to identify all parties potentially responsible for the deficiency. The reality is that multiple parties may be legal responsible for a construction defect, including the general contractor, a subcontractor, the architect, an equipment or material manufacturer and others.
When facing a construction defect, you would be wise to seek capable, experienced legal counsel. A construction defect attorney may use their background and resources to help you pursue your important legal rights.
