Under Florida law, homeowner’s insurance policyholders are able to assign the right to seek insurance reimbursement to third-party contractors. Contractors who have reimbursement rights assigned to them are then able to seek compensation from the insurance company for repairs, such as leaky pipes, and may file claims against the insurer if payments are denied or minimized.
In our previous post, we began looking at a lawsuit filed by a condo unit buyer in connection with the Faena Forum, a high profile cultural center in Miami Beach. As we noted, breach of warranty was one of the claims the unit buyer included in his complaint.
Construction is an industry where there are a great many variables at play, and it common for problems to arise. Quality contractors not only know how to prepare properly for a job, including obtaining the proper licensure for the job, but also how to effectively address issues as they come up so that the consumer is satisfied and they meet their contractual obligations. As a recent article points out, though, problems can arise for consumers when they work with unlicensed contractors, particularly when they don’t know their rights.
In any professional relationship, ideally both parties gain something valuable, whether that is the completion of services or compensation. In general, this is exactly what happens and both parties walk away from an agreement with their needs met. However, this doesn't always happen.
When it comes to a legal dispute with contractors or subcontractors, you might feel like you need to gear up for battle and fight for a resolution. This is a somewhat common reaction because many of us hear horror stories about unfinished projects, outstanding payments, substandard work and product defects that jeopardize an entire structure.
On this blog, we often discuss disputes and complications that can arise when you are having construction work completed on your home or on commercial property. However, construction projects and disagreements don't just affect the people who are actively involved in a project.
We see trends in every type of industry, from cuisine and fashion to business and family law. Identifying these trends is interesting, as it can help to point out the various reactions and consequences of heightened popularity.
Construction projects have the potential to be lengthy, complex undertakings. In many cases, there isn't just one task being tackled or one party taking on the completion of every project. Because there are so many elements in motion and people involved in a construction, demolition or rebuilding job, there are plenty of opportunities for disputes to arise.
The construction of any building can only be as strong as its design and materials. If either of these elements is inadequate or unsafe, the building can be compromised. Unfortunately, these shortcomings may not be apparent until after a building has already been completed if developers and the other parties involved fail to properly identify compromised materials or design.
Construction projects have the potential seriously disrupt a party's use of a property, though the expectation is that any disruption will be temporary, and that the ends will justify the means. However, some Florida homeowners could face permanent loss of property if a mechanic's lien is filed.