Construction Defect
Professional And Experienced Family Law Attorney
CONSTRUCTION DEFECT AND CONSTRUCTION DELAY
Legal Solutions Law Firm is experienced at construction litigation and represents owners, contractors, subcontractors, suppliers and design professionals in disputes arising out of public and private projects throughout Florida. The firm represents both commercial and residential construction disputes. We perform expert witness work, consultation and legal advice regarding construction defects, insurance claims, and construction delays.
We represent clients in all types of construction lawsuits, including claims for breach of contract, breach of express or implied warranties, negligence, negligent misrepresentation, deceptive trade practices, and fraud. We also represent clients to overcome Construction Delays in doing so we strive to create a compromise to finish the construction project, to address any construction defects or delays to the project, and to decrease legal costs for all parties involved.
If you have a construction dispute that you would like to discuss call us at 321-458-5140 today.
Committed To Helping Our Clients Succeed
Construction Delay Lawsuits
Our firm understands that delays in construction projects can have a detrimental effect on the overall profitability of a project. We also understand that delays can cause additional costs for owners, contractors, subcontractors, suppliers and design professionals to address the delays we evaluate the critical path method (CPM) involved in the construction of the building or home itself to determine the cause of the delay, the effect of the delay, and the costs of the delay. CPM is used as a legal standard to establish a base-line for on-time performance and to document delays to determine fault and any potential monetary damages.
Construction contracts may contain “no damages for delay” clauses, such provisions are generally unenforceable when the delay was caused by fraud, bad faith or active interference. Furthermore, under state law, the “willful concealment of foreseeable circumstances that impact timely performance” may also limit the applicability of a “no damages for delay” clause.
Experienced Construction Attorney, Consultant, and Expert Witness
Additional Types of Construction Lawsuits
Our construction lawyers also handle cases involving:
- Water damage, fire, hurricane, mold and mildew claims
- Construction defect
- OSHA Complaint Defense
- Construction delays and interference
- Breach of construction contract
- Structural deficiencies, such as cracked or unstable foundations
- Construction lien exaggerations claims
- Insurance coverage disputes, including denied coverage or underpaid claims
- Defective roofing and claims
- Payment and performance bond claims
- Environmental issues
- Differing site condition claims
- Florida Building Code violations
- Contractor/Subcontractor disputes
Experienced Construction Attorney, Consultant, and Expert Witness
Florida’s Statutes of Limitations: Construction Cases
If you’re weighing legal action against a contractor, subcontractor, construction company or property owner, don’t make the mistake of thinking you have forever to file a construction lawsuit. According to Florida Statute 95.11, the following deadlines apply to construction-related lawsuits, and are for “actions other than for recovery of real property:”
Moving day, whether it involves moving into a brand-new home or an older home that has been renovated, renewed or refreshed, is the culmination of a long planning process that involves many details and lots of decisions. Even a more limited construction project, such as an addition or a renovation, requires careful attention and focus. While the hopeful result of all of the planning and careful decision making is a perfectly executed construction project, problems often occur. Defective construction is one such problem, and one that can lead to litigation. When defective construction claims are alleged, Florida law limits the time within which a lawsuit must be brought.
Florida Statute of Limitations – Lawsuits Based on Design, Planning or Construction of An Improvement to Real Property
Florida’s statute of limitations generally provides that any lawsuit based on design, planning or construction of an improvement to property (which includes a house being built) must be brought within four years.
Four years: This includes actions against contractors for construction defects These actions must be taken within 4 years of when:
- owner takes actual possession
- the date a certificate of occupancy is issued
- if the construction was not abandoned, the date it was completed, or
- the date the contract between the professional engineer, registered architect, or licensed contractor and his or her employer was completed or terminated, whichever is later
There is a first exception to the time that the four-year period starts to run if the construction defect is a latent or hidden defect, however. In such a case, the statute of limitations time period begins to run at the time the defect is discovered (or should have been discovered).
Even if the exception applies, however, the lawsuit must be brought within 10 years after:
- the date the owner takes actual possession
- the date a certificate of occupancy is issued
- if the construction was not abandoned, the date it was completed, or
- the date the contract between the professional engineer, registered architect, or licensed contractor and his or her employer was completed or terminated, whichever is later
If the defects are deemed to be latent, the statute of limitations could be extended to 10 years. Also included in this time period are personal injury claims stemming from accidents that occurred at the construction site.
Second Exception: Construction compaines or contractors often include a one year limitaion of this warranty as a part of an “extended warranty” that they offer to owners. This “warranty” actually can create a contractual limitation of the statute of limitations to bring a construction defect claim.
Two years: This deadline applies to the filing of wrongful death lawsuits caused by catastrophic accidents on the construction site.
One year: This is for cases involving foreclosures or lien filings. If a property owner refuses to pay a contractor or sub-contractor for services rendered per the terms of an agreed-upon and executed contract, a lawyer could file for a mechanic’s lien against the property, forcing its sale and potentially distributing the proceeds to those who were not paid as promised in writing.
Moving day, whether it involves moving into a brand-new home or an older home that has been renovated, renewed or refreshed, is the culmination of a long planning process that involves many details and lots of decisions. Even a more limited construction project, such as an addition or a renovation, requires careful attention and focus. While the hopeful result of all of the planning and careful decision making is a perfectly executed construction project, problems often occur. Defective construction is one such problem, and one that can lead to litigation. When defective construction claims are alleged, Florida law limits the time within which a lawsuit must be brought.
Required Notice for cure period
Notice and Opportunity to Repair: A property owner can only initiate a construction defects lawsuit after complying with Florida’s statute, which requires that the contractor be allowed time to fix problems. Before property owners sue, they must serve a written notice upon the contractor – at least 60 days in advance for most projects and 120 in advance for associations of 20 or more parcels. There are additional dates and deadlines listed depending on the circumstances of the project. With in your construction contract the following rights should be listed according to Florida Statute 558.
CHAPTER 558 NOTICE OF CLAIM
CHAPTER 558, FLORIDA STATUTES, CONTAINS IMPORTANT REQUIREMENTS YOU MUST FOLLOW BEFORE YOU MAY BRING ANY LEGAL ACTION FOR AN ALLEGED CONSTRUCTION DEFECT IN YOUR HOME. SIXTY DAYS BEFORE YOU BRING ANY LEGAL ACTION, YOU MUST DELIVER TO THE OTHER PARTY TO THIS CONTRACT A WRITTEN NOTICE, REFERRING TO CHAPTER 558, OF ANY CONSTRUCTION CONDITIONS YOU ALLEGE ARE DEFECTIVE AND PROVIDE SUCH PERSON THE OPPORTUNITY TO INSPECT THE ALLEGED CONSTRUCTION DEFECTS AND TO CONSIDER MAKING AN OFFER TO REPAIR OR PAY FOR THE ALLEGED CONSTRUCTION DEFECTS. YOU ARE NOT OBLIGATED TO ACCEPT ANY OFFER WHICH MAY BE MADE. THERE ARE STRICT DEADLINES AND PROCEDURES UNDER THIS FLORIDA LAW WHICH MUST BE MET AND FOLLOWED TO PROTECT YOUR INTERESTS.
(b) The notice required by paragraph (2)(b) must expressly cite this chapter and be in substantially the following form:
CHAPTER 558 NOTICE OF CLAIM
CHAPTER 558, FLORIDA STATUTES, CONTAINS IMPORTANT REQUIREMENTS YOU MUST FOLLOW BEFORE YOU MAY BRING ANY LEGAL ACTION FOR AN ALLEGED CONSTRUCTION DEFECT. SIXTY DAYS BEFORE YOU BRING ANY LEGAL ACTION, YOU MUST DELIVER TO THE OTHER PARTY TO THIS CONTRACT A WRITTEN NOTICE, REFERRING TO CHAPTER 558, OF ANY CONSTRUCTION CONDITIONS YOU ALLEGE ARE DEFECTIVE AND PROVIDE SUCH PERSON THE OPPORTUNITY TO INSPECT THE ALLEGED CONSTRUCTION DEFECTS AND TO CONSIDER MAKING AN OFFER TO REPAIR OR PAY FOR THE ALLEGED CONSTRUCTION DEFECTS. YOU ARE NOT OBLIGATED TO ACCEPT ANY OFFER WHICH MAY BE MADE. THERE ARE STRICT DEADLINES AND PROCEDURES UNDER THIS FLORIDA LAW WHICH MUST BE MET AND FOLLOWED TO PROTECT YOUR INTERESTS.
(4) At any time, a claimant and the person to whom notice is served or otherwise must be served under s. 558.004(1) may agree in writing to preaction mediation or otherwise alter the procedure for the notice of claim process described in this chapter.
(5) Notwithstanding the notice requirements of this section for contracts entered into on or after October 1, 2006, this chapter applies to all actions accruing before July 1, 2004, but not yet commenced as of July 1, 2004, and failure to include such notice requirements in a contract entered into before July 1, 2004, does not operate to bar the procedures of this chapter from applying to all such actions.
(6) Notwithstanding s. 558.003, unless the parties agree that this chapter does not apply, after October 1, 2009, any written contract for improvement of real property entered into between an owner and a contractor, or between an owner and a design professional, must contain substantially the following notice: “ANY CLAIMS FOR CONSTRUCTION DEFECTS ARE SUBJECT TO THE NOTICE AND CURE PROVISIONS OF CHAPTER 558, FLORIDA STATUTES.” The failure to include in the contract the notice provided in this subsection does not subject the contracting owner, contractor, or design professional to any penalty. The purpose of the contractual notice is to promote awareness of the procedure, not to be a penalty.
Legal Solutions Law Firm utilizes this required Notice to the Contractor to properly demand that the construction defects be recitified, any construction delays be averted and corrected, and that the project resumes to completion. The notice requirement is mandatory to bring litigation prior to intiating an action… However, our firm looks to this Notice as an opportunity to resolve any construction issue at a prelitigation stage thereby saving our clients and adverse parties time, costs, and the stress of litigation. Our firm at all stages of the litigation process seeks to REDUCE litigation and Attorney fees whenever possible.
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