Construction defects can take many different forms, but what you'll find is that many of them fall into three broad categories. It's important to know the differences between them if you think you have a case.
New condominiums are appealing to buyers for many reasons. They have the fresh sparkle of a never-been-lived-in home, but without the maintenance, yard work and landscaping responsibilities that come with a single-family home. They often include attractive amenities like pools, fitness centers and common areas. They provide the opportunity to participate in a community that has been built from the ground up. And, one would think, they're free from the costly repairs that often plague older homes.
No home is perfect. But a brand-new home should be free from preventable problems that can leave it substantially devalued - or, even worse, unlivable.
When you build a home, you expect it to be free from the costly issues that commonly plague older construction. You certainly don't expect to move into a brand new home with a pest problem.
Recently, we discussed on this blog the topic of Assignment of Benefits agreements, and some of the things contractors need to keep in mind when entering into these agreements to ensure they have reasonable prospects of recovering costs incurred in home repairs. A recent Florida insurance dispute finally settled by the Florida Supreme Court highlights the type of issues that can come up in insurance disputes.
Despite the fact that a major downtown project is 70 percent complete, the Tampa Housing Authority fired the contractor of a $26 million apartment building. The THA claimed the project was bogged down with inadequate management and construction defects. The Florida contractor also pleaded guilty to fraud in a public housing kickback scheme. With the dismissal of the construction company, the project came to a halt.
We have previously written on this blog on the issue of construction defects, particularly defects involving condominium units. As we’ve noted, condo defects are not an uncommon occurrence, and can be a pain to deal with, particularly when the developer or seller fails to disclose defects as required by law.
In our previous post, we noted that Florida law requires condominium sellers to make a number of specific disclosures to buyers. Statutory law does not explicitly require condo sellers to make disclosures regarding construction defects or litigation concerning construction defects to sellers. That requirement, instead, comes from case law.
In recent posts, we’ve been looking at the issue of condominium construction defects, specifically the warranties condo owners and associations enjoy under Florida law. These warranties allow owners and associations to take legal action when there has been a breach of warranty by a developer.
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.