Construction defects and the opportunity to repair

On Behalf of | Jan 1, 2021 | blog

Construction defects often lead to the need for large repairs down the road. Unfortunately, it may be hard to tell if there are any construction defects until years after the home or building is complete. 

Once the property owner discovers these defects, he or she must give the company the opportunity to repair them before filing a claim. 

What are some common construction defects?

FindLaw states that construction defects are usually put into one of the following categories: 

  • Subsurface deficiencies 
  • Design deficiencies 
  • Construction deficiencies 
  • Material deficiencies 

Any of these deficiencies can result in a home or structure that simply does not function as it should. Insufficient foundation materials, for example, may lead to cracking throughout the foundation. Design errors may lead to exposure to the elements in places that would otherwise be secure. Lower-quality materials may degrade quickly or fail to perform the intended functions at all. 

Any of these deficiencies can lead to costly repairs that the property owner is unable to foresee at the time of purchase. 

Who is responsible for the repairs?

According to The 2020 Florida Statutes, Title XXXIII Chapter 558, the owner must give the construction company the opportunity to repair the work before filing a lawsuit against the company. If the company refuses to fix their work or does not respond, the homeowner can file a claim against them 60 days after he or she presents the opportunity to repair. Additionally, the owner must attempt to notify the construction company of the defect within 15 days of its discovery. 

Generally, the responsibility to repair construction defects falls onto the shoulders of the construction company.