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What are my options if my homebuilder makes construction errors?

A construction contract is your best defense against builder errors in all types of construction, including single-family residential homes. Under construction law in Florida, your contract gives you and your builder a great amount of flexibility in how you both approach errors and even disputes.

For example, if your contractor makes a serious error resulting in property damage, you will benefit from having a predetermined remedy outlined in your contract. Without such a clause in your contract, you may have to choose an alternate solution like the ones listed below.

  1. You may be able to insist or force your builder to address the errors and make it right. However, this could result in lengthy delays and may even cause more damage before the situation is remedied.
  2. If the error is aesthetic rather than structural, you could choose to live with the mistake. For example, if the builder installed the wrong windows or countertops, it may be easier to let it go since it resulted in no structural issues. This would put you and your family into your new home on schedule.
  3. You could opt to walk away from your home, but this is a drastic measure. After all, you have invested time and money into your property, which you could lose forever.
  4. Finally, you could seek a legal remedy by talking with a construction law attorney. This could open the door to solutions neither you nor your homebuilder has considered. It can also pave the way for successful construction litigation, if necessary.

In the end, it is all about what you can and cannot live with and the flexibility your contract provides. This is why lawyers usually recommend having a legal professional look over construction contracts.

Source: Plugged in Family, "When Your Home Builder Makes a Mistake," Wendy Wright, Oct. 25, 2017

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