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Construction Defects

Construction Defect Claims Handled by Our Fort Lauderdale Construction Law Attorneys 

If you work in the construction industry, you know how frustrating it can be to deal with disputes arising over a project you already completed. For many construction companies, construction defect claims can siphon off valuable time and resources that should be devoted to new and upcoming projects. If you’re facing a construction defect claim, speaking with a construction lawyer can help you get control of the situation and keep your business moving forward. 

Each Fort Lauderdale construction law attorney at Olive Judd has extensive experience in handling construction defect cases. Whether you just received notice of  a potential defect or have been named in a lawsuit, we can help. Contact us at (954) 334-2250 to meet with one of our South Florida construction lawyers and discuss your needs. 

Understanding Construction Defects

One of the principal challenges of construction defect cases is determining what is and what is not a construction defect. Some defects are the result of typical deterioration of the property due to age or weather. Other defects may be due to defective materials or products. 

Construction defects are those that arise from the actual construction of the property. Many property owners simply assume that their issue is the result of a construction defect. An experienced construction lawyer will be able to review your case and determine whether or not the defect was actually related to the construction of the property.   

Examples of Common Construction Defects Our Attorneys Can Assist With

There is a broad spectrum of potential construction defects which can range from minor to significant structural issues. Here are some of the most common construction defects that we encounter in our practice: 

  • Foundation issues
  • Mold
  • Drainage issues
  • Water leaks 
  • Roofing issues
  • Improperly installed doors and windows
  • Electrical problems
  • HVAC issues

There are many other defects not included on this list. Furthermore, these issues are not construction defects per se – they could have other causes unrelated to the construction of the property. If you’re facing a construction defect claim, our knowledgeable construction defect lawyers can evaluate the owner’s case and determine whether it has any validity. From there, we work closely with our clients to explore your options and shape your legal strategy.  

Construction Defects Under Florida Law

In order to pursue a construction defect case, the property owner has to follow the procedure required by Florida law. The owner has to provide you with notice of the defect and give you the opportunity to inspect the defect and fix it before any legal action can be taken. If they do not provide you with the required notice and opportunity, they cannot pursue a claim against you. 

In addition, any claim must be filed by a specific deadline, referred to as the statute of limitations. In Florida, property owners must file their claim within four years of one of the following: 

  • The actual date they took possession of the building;
  • The date that a certificate of occupancy was issued;
  • The date of completion or termination of the construction contract; or
  • The date of abandonment of construction. 

The statute of limitations seems straightforward but can get complicated when disputes arise as to when these events occurred. Don’t assume that the owner’s claim is time-barred – you should consult with a Fort Lauderdale construction law attorney to ensure that the property owner has failed to file their claim within the required statutory time period. 

Contact a Fort Lauderdale Construction Law Attorney at Olive Judd

Our construction law group has the knowledge and experience you need to defend yourself against construction defect claims. We work closely with our clients every step of the way to make sure you get the best possible result. Contact Olive Judd at (954) 334-2250 to schedule a consultation to discuss your case today.