A construction defect is a problem in the construction that lowers its value or functionality. Some flaws are immediately apparent, such as water leaks, while many others go unnoticed for years after the structure was completed.
Apparent defects are termed “patent.” Other flaws that go unnoticed are known as “latent.” Experts who specialize in specific aspects of construction provide testimony on successful construction defect litigation claims. The experts examine the issue, analyze the source, and make suggestions for how to repair it.
3 legal concepts to consider
A construction flaw can come from a variety of causes, such as poor craftsmanship or the use of substandard materials. Despite the reason, one should be familiar with these three legal requirements:
- Statute of limitations: Every state has time restrictions for filing a defective construction claim. In Florida, there is a 4-year statute of limitation after the defect is discovered.
- Statute of repose: Another limit is the statute of repose. This is the amount of time that a property owner has from the time of completion to discover a defect. In Florida, the statute of repose is 10 years.
- Right to cure: The notice and opportunity to repair the defect must be given to the constructor or contractor. In Florida, the construction professional responsible for the defect must be notified 60 days before filing a suit. This allows the constructor to pay for or repair the defect.
Every case is unique, but the above three legal concepts are an integral part of the construction defect process.
When facing challenges with a construction project, it can be helpful to have professional guidance that is experienced in construction law and litigation in Florida.