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The basics of your construction defect claim

If you have discovered a defect in your home, you may be very interested in taking legal action to remedy the situation and seek financial damages. However, chances are good that you have never been through this process before and don't know what to expect or where to start.

Rather than get intimidated by the legal system or assume you will figure the situation out as you go along, it will be helpful to know the basics of construction defect claims so you can be prepared.

To begin with, know that you cannot just file a legal claim on a whim. There are numerous requirements that must be fulfilled before you can take legal action, including giving notification and giving the appropriate party an opportunity to repair the defect and any damage it caused.

You should also be aware of the potential outcomes of your claim or your notice of claim. The party responsible for the defect may agree to make the repairs or return money to you. They may also decide that leave the matter up to their insurance company. Alternatively, that party could deny your claims of a defect or fail to respond, and you would be allowed to proceed with legal action.

Finally, you should know that it is unlikely that you will have to go through a lengthy courtroom battle. State laws favor alternative dispute resolutions like mediation or out-of-court settlement negotiations in order to resolve these situations, as opposed to litigation.

It is critical to note that these claims are governed by state laws, which can vary widely. What we have discussed in this post are the basics of a construction defect in accordance with Florida laws.

You would also be wise to remember that these are just the broad strokes; specific claims are much more complex than what we have described here. There are also numerous guidelines and deadlines in place that must be obeyed when it comes to construction defect claims.

If you have questions or concerns about construction defects and your options for filing a legal claim, it is strongly recommended that you consult an attorney familiar with the specifics of construction law in this state and the process of pursuing a claim.

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