When you purchase a Florida property and then find out it has a major financial defect, you may have valid concerns about having to finance necessary repairs. When the construction defect is the result of an error or negligence on the part of a contractor, subcontractor, supplier or design professional, you may wish to try to hold the party responsible.
Florida has laws in place that seek to strike a balance between protecting your interests as a property owner and reducing the number of construction defect claims that wind up in litigation. These laws outline the process involved in filing a construction defect claim against an individual or entity involved in your project.
Giving notice and providing an opportunity to repair
Florida’s laws state that, before you may file a claim against a contractor or other party responsible for a construction defect, you must give this party notice. This gives him or her an opportunity to fix things. In most cases, you must make the party aware of the defect at least 60 days before you file a formal claim against him or her.
If the party responsible for your construction defect is an association that represents more than 20 properties, you must give him or her notice at least 120 days before filing a claim.
Making your claim
When giving the contractor, subcontractor or other party notice about the construction defect, be sure to describe it in careful detail. Outline any losses you experienced because of the defect. Make sure, too, to identify exactly where the defect exists.
Moving forward with a construction defect claim without first giving the contractor or other party notice of the defect may result in your case undergoing dismissal.