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Recent construction cases highlight common issues in construction disputes, P.1

As anybody knows who has every built a home or been involved in the construction process, there is a lot that can go wrong along the way, a lot that could be disputed and fought about. Several recent examples of construction disputes in Florida highlight this point well.

In one example, a Tampa residential high-rise project is currently the subject of complicated construction defect litigation. The public housing project is quite large, costing taxpayers $26 million, but The Tampa Housing Authority claims that there are problems with the way the work was completed, making the residence currently uninhabitable. 

According to an independent investigation, the project is plagued by numerous construction defects and parts remain unfinished. The report detailed defects such as lack of waterproofing and improper installation of windows, which present the risk of mold development and other problems. The dispute came to a head back in June, when the Tampa Housing Authority fired the contractor heading up the project, alleging defects and other problems. The contractor accused the housing authority and its architects of design flaws. Now, both are deep in litigation while the project remains unfinished and sits vacant.

Another Florida case involving construction defects was settled in September. In that case, construction company Kolter Signature Homes—which does business in Florida, Georgia and South Carolina—as well as various subcontractors, agreed to settle a construction defect lawsuit filed by a Palm Beach Gardens condo association. According to the association, the condos were built with numerous defects, including water leakage through glass doors, windows and roofs. The association also alleged rotting wood and cracks in concrete slabs, which are obviously serious problems.

In settling the case, the construction company—as often happens in settlement agreements—didn’t admit to any wrongdoing, but presumably only expressed the desire to bring the litigation to an end. In upcoming posts, we’ll look at another Florida case involving defective design, as well as some of the issues that can come up in construction litigation cases in general.

Sources:

Wfla.com, “YOU PAID FOR IT: New report cites serious defects in Tampa Housing Authority high-rise,” Mark Douglas, Oct. 5, 2016.

Bizjournals.com, “Kolter Homes, subcontractors settle construction defects lawsuit for $22.5M,” Brian Bandell, Sep. 29, 2016. 

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