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Overview of construction defects and your legal rights

On Behalf of | Feb 25, 2021 | Construction Law |

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.

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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Dana J. Watts Attorney at Law

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