Construction Defects

Real estate development in South Florida involves developers, general contractors, subcontractors, architects, engineers, condominium associations, and condominium owners.  There can be unfortunate disappointments, unmet expectations and substantial damages stemming from real estate development, whether from defective construction, defective engineering/design, or unexpected weather conditions and circumstances. Mintz Truppman generally handles construction defect cases on a contingency fee basis, meaning you do not pay attorney’s fees unless we recover for you. This is a benefit to owners who have already lost money from the defects or property damage itself. We are also sometimes available to handle such matters on an hourly basis, if it benefits the client.

Who Is Liable For Construction Defects?

Developers may be held responsible for overall project failures and cutting corners during development. General contractors bear liability for substandard work performed under their supervision, while subcontractors can be directly liable for defects in their specific areas of work. Architects and engineers may face liability for design flaws that lead to structural problems or building code violations.

In many cases, the concept of vicarious liability applies, where general contractors may be held responsible for the negligence of their subcontractors. This legal principle helps ensure accountability throughout the construction chain and provides property owners with potential avenues for recovery even when the directly responsible party is insolvent or unidentifiable.

Common Types Of Construction Defects In North Miami

South Florida’s unique climate and building environment create specific challenges that often lead to particular types of construction defects:

• Water intrusion issues, including roof leaks, window leaks and improperly sealed building envelopes
• Structural deficiencies such as foundation problems, inadequate reinforcement or crumbling stucco
• Electrical and plumbing defects that pose safety hazards or lead to property damage
• Roofing problems that fail to withstand South Florida’s intense weather conditions
• Mold and mildew growth resulting from moisture intrusion and inadequate ventilation

These defects often manifest years after construction completion, making it essential to work with attorneys familiar with the long-term effects of South Florida’s climate on building materials.

Causes Of Construction Defects

Construction defects typically stem from several common causes that can occur during different phases of development:

• Design and engineering errors where plans fail to account for local conditions
• Use of substandard materials that deteriorate prematurely in Florida’s humid environment
• Poor workmanship from inadequately trained or supervised construction teams
• Insufficient quality control and inspection processes during construction
• Weather-related complications, particularly hurricane damage that exposes underlying vulnerabilities

Understanding the root cause of construction defects is essential for developing effective legal strategies and identifying all potentially responsible parties.

Steps To Take If You Discover A Defect

If you suspect construction defects in your property, taking prompt action can protect your legal rights:

• Document all visible defects with detailed photographs and written descriptions
• Consult with independent engineers or building inspectors to assess the extent and cause of defects
• Review any warranties or construction contracts for coverage and notification requirements
• Contact an experienced construction defect attorney before communicating with developers or contractors

The legal team at Mintz Truppman, P.A., can guide property owners through this process, helping to preserve evidence and build a compelling case for recovery.

We are a family firm, we do not take on a large volume of cases, and we are patient, because our priority is the care of our clients.