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Construction defects and developer warranties under Florida law, P.2

We’ve been looking in recent posts at the topic of condo defects and what state law has to say about pursuing a condo developer for such defects. As we noted, developers are bound by various warranties related to condo construction.

One important point to note about these warranties, though, is that they are conditioned upon unit owners and associations performing routine maintenance on the units, unless maintenance is an obligation of the developer or an association controlled by the developer. Also worth mentioning is that the warranties owned by developers apply to each unit owner’s successor owners rather than just the initial owners. Condominiums may, of course, be covered by an insured warranty program, which often provide extra protection beyond what state law covers with the various warranties. 

When condo owners or associations want to pursue legal action for construction defects, there are certain requirements that must be met and certain procedures the must be followed. For example, state law requires that a licensed Florida engineer, design professional, contractor or other licensed entity in the state of Florida examine and certify any alleged defects. Meeting this requirement is part of the process.

Working with an experienced attorney is a must for condo owners and associations when pursuing a developer for construction defects. Condo defect cases can be complicated, and having solid legal guidance and zealous legal advocacy is critical to ensuring one builds the best possible case and has the best shot at achieving a favorable outcome. An experienced attorney will be able to evaluate the evidence for the existence of construction defects, identify the available options for legal remedy, and guide unit owners and condo associations through the legal process.

Sources:

Florida Statutes, Section 718.111

Florida Statutes, Section 718.203

Florida Statutes, Section 718.301

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