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Legal Blog

Why owners and associations should enlist an attorney to consult on construction projects

Large-scale construction projects come with a big investment -- in time, money and resources. What's more, any number of things can go wrong along the way. Rarely does a project go as smoothly as you'd hope. And when the project really starts to go off the rails, you want to have a strong legal ally on your side.

Construction defects to be repaired in high-profile luxury Florida community

If you drive northeast of Sarasota for about two hours, you'll arrive in Celebration. The community planned by the Walt Disney Company has deep ties to neighboring Walt Disney World and its resorts. While the emphasis in the company and community is invariably on the positive, not everything in Celebration is as it should be.

We have in the past written about the struggles at the luxury apartment and condo community where residents have had to deal with a variety of construction defects that included failing concrete, sloped floors and water damage in ceilings and roofs. Residents also reported cracks in ceilings near their outdoor balconies.

How Can You Protect Yourself When Building Or Buying A Luxury Home?

Purchasing or building a high-end, luxury home can be an enjoyable and exciting experience. But sometimes months - or even years - down the road, problems may arise. A leaky roof or windows, water in the basement, or cracks in the foundation may suddenly become an issue.

Many times, those issues are due to a construction defect.

Why do residential real estate closings fall through?

Whether you are buying or selling a home in Florida, nothing is worse than having what you think is a finalized deal, only to have things fall apart when it comes time to close. It happens more often than people know. Why?

Below are some of the most common reasons. If you can take steps to address them ahead of time and nip them in the bud, you may be one of the smart (and lucky) ones who has a closing that goes smoothly.

What type of business structure is best?

If you've been considering starting your own business - and are ready to take the plunge - a common question that comes to mind is: what type of business form is best for your business?

Let's take a look at the most common types of business formations, and the pros and cons of each one.

Another Florida condo community plagued by construction defects

We read recently of another Florida condo community facing a wide range of problems with their homes. The St. Maarten at Grand Bay condominium association has filed a lawsuit against Lennar Homes, a Florida-based builder, as well as engineering and architectural firms that provided services to the Doral project.

The condo association says in their construction defects lawsuit that the condos are plagued with defects such as water intrusion. As a result, they are dealing with interior flooding, cracked building facades, incomplete insulation and more.

What Is A 558 Letter, And When Is It Required?

Construction defects are a widespread reality across Florida. They occur not only in new builds, but also in repair, remodeling and remediation projects. And they can give rise to catastrophic failures, costly repairs and countless headaches.

When defects arise, associations and owners generally can't rush straight to court. Florida law establishes a specific procedure for bringing defects to the attention of the responsible parties.

This process - outlined in Chapter 558 of the Florida Statutes - provides an important opportunity for parties to resolve construction defects outside of court. However, it also involves procedural hurdles and strict deadlines. With so much hinging on this process, associations and owners shouldn't attempt to tackle it on their own.

Florida settlement: Stucco repair costs to be reimbursed

PulteGroup Inc. is one of the largest home construction companies in the nation. In the eight-year period ending in 2016, Pulte sold more than 23,000 homes here in Florida, including a development just north of Sarasota in Palmetto and others in nearby Parrish, North Port and Lakewood Ranch Waterside.

Pulte recently agreed to pay to cover eligible construction defects as part of a multimillion-dollar settlement reached with Florida's Attorney General. The company was under investigation for failing to disclose stucco-related construction defects that include cracks, delamination (separation of the stucco layers) and improper weep screed installation.

Construction defect disputes simmering in Southwest Florida

Regular readers of our legal blog will undoubtedly recall a couple of recent posts about Paseo, a Mediterranean-style luxury condo development in Fort Myers. Stock Development LLC, the project's developer, and its sister construction company, Stock Construction, have struggled to address construction defects in condos there.

The two are experiencing similar difficulties close to their corporate home in Naples, a recent news source stated. The Stock companies are suing subcontractors in Collier County Circuit Court over defects in Olé, its luxury resort-style residential community billed as "exclusive yet accessible."

Construction defects afflict luxury Paseo community in Fort Myers (Part 2)

In a recent post, we detailed some of the challenges at Paseo, Fort Myers' Mediterranean-themed, gated condominium community. According to news reports, homes there have been plagued by construction defects.

The developers, Stock Development LLC and Stock Construction, have filed multiple lawsuits regarding the construction defects, including suits that put the blame for various defects on architects, roofers and others.