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Claim: Miami Beach cultural center condo unit riddled with construction defects, P.1

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.

Even high profile properties like the Faena Forum cultural center in Miami Beach are not immune from construction defects. The facility, which was developed by Alan Faena and opened last month, is currently the subject of litigation over allegations that a 14th floor unit was riddled with poor construction and that it was not completed according to schedule. 

Among the allegations brought by the buyer are shoddy installation of ceramic, marble and wood flooring, as well as improper installation of wall finishings, duct work, and railings. The buyer contends that he was not allowed to thoroughly inspect the unit prior to closing, and that he was assured defects would be thoroughly addressed prior to his taking possession of the unit. The buyer is alleging breach of contract, negligence, and breach of warranty in connection with the defects.

As we've noted before, there are various types of warranties recognized under state law. Among them are the implied warranty of fitness and merchantability. Under this statutorily recognized warranty, each condo unit, and any improvements made to the unit, is under warranty for three years beginning with the completion of the building containing the unit, or the improvements. The warranty also applies to personal property transferred with, or attached to, each unit, or property which is for the use of unit owners, though the warranty period for such items is as provided by the manufacturer.

In our next post, we'll continue looking at condominium warranties and the importance of working with an experienced legal advocate to enforce them in court.

Source: Florida Statutes, Section 718.203

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